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Home My WebLink AboutC-3868 - Buffalo Hills Park Lighting Project and Westcliff Area Street Light Replacement Project, Amendment No. 2• 0 �3q(d AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. FOR BUFFALO HILLS PARK LIGHTING PROJECT AND WESTCLIFF AREA STREET LIGHT REPLACEMENT PROJECT THIS AMENDMENT NO. 2 TO PR FESSIONAL SERVICES AGREEMENT, entered into this Q 4 day of q4enl , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and JMDIAZ, INC., a California corporation doing business as JMD, hle.. whose address 4wo$ is 18645 East Gale Avenue, Suite 212, City of Industry, California, 91748 ;U�zt) ( "Consultant'), and is made with reference to the following: RECITALS A. On January 8, 2007, CITY and CONSULTANT (Formerly known as JMDiaz, Inc.) entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for Westcliff Street Light Improvement and Bonita Creek and San Miguel Park Lighting Replacement. This Agreement expired on December 31, 2007. B. On July 24"', 2007, City and Consultant entered into Amendment No. 1 to reflect services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the previous Amendment. D. City desires to compensate Consultant for additional professional services needed for the project. E. City and Consultant mutually desire to amend agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for additional services performed pursuant to this Amendment No. 2 according to "Exhibit A" and "Exhibit B" dated March 19, 2008, attached hereto. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant 0 fees, shall not exceed Seven Thousand Four Hundred and Eighty Dollars ($7,480). 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and Amendment No. 1 shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: By:. o^ , 0&0% Y ` Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: BVU 0, e°id;r LaVonne Harkless, City Clerk ,rr W . � } Mayor I- " for the City of Newport Beach JI)dBffi�; l c.. Title: President/CEO /CFO Juan M. Diaz Title: President/CEO /CFO Print Name: Juan M. Diaz Attachment: Request for Additional Authorization (Exhibits A and B) F: \Users \PBW\Shared\Agreements \FY 07 -08 \JMD Amendment 2.doc so Jai O March 19, 2008 Mr. Michael Sinacori Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92863 -3884 Subject: Wastcliff Street Light- Improvements and Buffalo Hills Park Lighting: Replacement Project Request for AdditivnM Authoifzation Dear Mr. Sinacori: Based on phone conversations with City staff on March 17, 2008, we understand the CIVs request to repackage the previously prepared Westctyf Street Lighting plans for bid. Also, the City requests to add the a"uildtng task for the: previously submitted Buffalo Hills Park Lighting Project As a result, we are requesting additional authoritlon to our current oontraot to include these tasks. The following Exhibits A and B include our Scope of Work and Fee, respectively. Please note that reviews and/or redesign are not inoluded in this proposal. We anticipate completing the Scope of Work for each project within two (2) weeks from a not!004 - proceed (NTP). The City's NTP is anticipated to be provided during April 2008. If-this.proposaf, is acceptable to you, please sign below and return one signed original to me. We are pleased to provide these additional services to City of Newport Beach and look forward to your favorable reply. Should you have any questions, please call me at {626) 820 -1137. Sincerely, JMDlaz, Inc. Juan M. Diaz, PE President/CEO SKmai M:VproPWM8120091p- 014jmddoc City of Newport Beach Michael J. Sinacori, PE Date EXHIBIT A Scope of Work Westeliff Street Lighting Task 1 Revise previously prepared plans to reflect only the Westcliff Street Lighting design. Task 2 Prepare new mylar title sheet with JMD signature and coordinate bond plan sheets through Mouse Graphics, Task 3 Revise specifications, estimates and bid items. Buffalo Hills. Perk Lighting Task 1 Provide as -built services, JMD wilt prepare record drawings from as -Mdlt condition upon completion of construction. .. irvo an JR Exnllon is R ■ T ■Rim March 19, 200E blast riffShVet Lighting impro+rer fdS - AddHfonai Tasks Pro%ae1 Pdncpal &*MW sr. PMIW C ngkteer Daden Bngtneer Gr~ CAD'DraW lrNam/ Clark:al Total Other Total (2008RaMa! .£15Q.60 *11900 $iT &p0 $$5.P PAW $45�(JD HMMS 2 Costs $ Cost Task 3 t. Revise Plana g 4 e g 22 2 14.5 S Y,205.00 z ioranera Newwarptena A5 2 4 8 2 17 S Y,530.00 S. Ravine SneC&Qft a, Wmete and Bid Name ! 4 f5' 2i' a 53.5 Labor Subtotal $ 4,555:00 Otl1a Dent .postegalReproduatton $ 240.00 "few (0 (ni. 6 0.50m/m'L) $ ODC Subtotal $ 240.00 Total $ 4,798.00 Say $ 4.795 Tire above ten prtYPOSaIis besedort Me essampNarraaa+dYatdrnlne enalosedteXarpoAOaet. Add9/arNaaPAw't6M.baAravldea'et Me shove rerea. Cost Summary 0 • • • 4 co av CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 April 22, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon 949- 644 -3314 or acastanon @cky.newport- beach.ca.us SUBJECT: Westcliff Area Street Light Replacement Project Contract No. 3868 — Approval of Amendment No. 2 to Professional Services Agreement with JMD, Inc. Recommendation: Approve Amendment No. 2 to the Professional Services Agreement with JMD, Inc., of Industry, California, for additional professional services at a not to exceed price of $7,480 and authorize the Mayor and City Clerk to execute the Agreement. Discussion: On January 8, 2007, the City Manager executed a Professional Services Agreement with JMD, Inc. for engineering services for the Westcliff Area Streetlight, Bonita Creek and San Miguel Park Lighting Improvement Project for a not to exceed price of $41,200. The engineering services provided by JMD included the preparation of contract documents and design for the replacement of deteriorated steel poles, incandescent lights, electrical conduit and wiring. On July 24, 2007, City Council approved Amendment No. 1 to the Agreement for a not to exceed amount of $20,502 to reflect additional services not included in the Agreement and extending the term of the Agreement to December 31, 2008. The engineering services provided by JMD under Amendment No. 1 included the preparation of contract documents and design for the Buffalo Hills Park Lighting Project which calls out for the installation of new bollard lighting. The City Clerk opened up bids on November 13, 2007, for the Westcliff Area Street Light, San Miguel and Bonita Creek Park Lighting Improvement Project (C- 3868). The low bid received was 32 percent over the engineers estimate of $579,150, a reflection of the increased costs of materials and construction. Staff repackaged the San Miguel and Bonita Creek Park Lighting Improvements with the Buffalo Hills Park Lighting Project which went out to bid and was awarded to . Westcliff Area Street Lighelacement Project Contract No. 3868 — Approval of Amendment No. 2 to Professional Services Agreement with JMD, Inc. April 22, 2008 Page 2 Macadee Electrical Construction, Inc. on February 12, 2008. Construction for this project is scheduled to start April 7, 2008. Amendment No. 2 with JMD will provide for Professional Engineering Services to repackage the plans and specifications for the Westcliff Area Street Lighting project and the additional task of as- builts for the previously submitted Buffalo Hills Park Lighting Project. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to section15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Funding-Availability: There are sufficient funds available in the following account for the project: Account Description Street Light Replacement Program Prepared by: *CMtol► � Alfreb Castanon Associate Civil Engineer Attachments: Amendment No. 2 Account Number Amount 7013- C5300035 $ 7,480 Total: $ 7,480 Submitted by: Stephen . Badum Public Works Director 9 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH JMD, INC. FOR BUFFALO HILLS PARK LIGHTING PROJECT AND WESTCLIFF AREA STREET LIGHT REPLACEMENT PROJECT THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and JMDIAZ, INC., a California corporation doing business as JMD, Inc. whose address is 18645 East Gale Avenue, Suite 212, City of Industry, California, 91748 ( "Consultant'), and is made with reference to the following: RECITALS A. On January 8, 2007, CITY and CONSULTANT (Formerly known as JMDiaz, Inc.) entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for Westcliff Street Light Improvement and Bonita Creek and San Miguel Park Lighting Replacement. This Agreement expired on December 31, 2007. B. On July 24th, 2007, City and Consultant entered into Amendment No. 1 to reflect services not included in the Agreement and to extend the term of the Agreement to December 31, 2008. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the previous Amendment. D. City desires to compensate Consultant for additional professional services needed for the project. E. City and Consultant mutually desire to amend agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for additional services performed pursuant to this Amendment No. 2 according to "Exhibit A" and "Exhibit B" dated March 19, 2008, attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant • El fees, shall not exceed Seven Thousand Four Hundred and Eighty Dollars ($7,480). 3. Except as expressly modified herein, all other provisions, terms, and covenants set .forth in Agreement and Amendment No. 1 shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: B Y :C,�_ Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harktess, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor for the City of Newport Beach JMDiaz, Inc.: 0 Title: PresidentlCEOICFO Print Name: Juan M. Diaz By: (Financial Officer) Title: President/CEO /CFO Print Name: Juan M. Diaz Attachment: Request for Additional Authorization (Exhibits A and B) F: 1UserslPBWlSharedlAgreemenlslFY 07- 08XJMD Amendment 2.doc an rl� March 19, 2€08 Mr Mjohaej Sinaeod PONO+f 04 Dwartment of Newpor0oach NevWort 69ulaxard 13 rW Beath, CA 92M-3884 9ul4ect. VUtiif Stye L " � ahtt i equpst f4 AM94iw- ftw :I6it. Since r] Y'WJa �i- a -cr, q,.u- s.con o'a•e `r M1'. ,.�'•. Sa: ih,r .I :a i -.- 9 ' x w:. t, e , g a • i -ai' a r ^.-; tR r..:r e.- • ;,E . rr ° �_ If • aaa.. - �. t° a - aa x a • af34 G B; c. a a %''Y 1 ¢ _ _ at a -s tt'°z '� c �F �., s 51 _. a::a s•.f _e 2 n 's¢ oe: • R M 4 Y&° F F.°. 9- 9 •� - 9 P" f ] - Y @ 'S 8 8 R i n Wf are plaaawl to pwvidt these.Oditloftal semfto to ter of Newp %.k* is add look takwd to your favo4k reply. ShotAdjou have any questiWrts, please call me ati-M »1137. Sincerely, JMMsz, Inc. Juan M. Diaz, PE Prdsident/CEO Slimai MApmposa1sVOOMp- 014jmd.dx Aimed by, City d* bw4mrt SeaCh W hael J. Sinacod, PE bate • • 9XHM31T A Task I Rerdse previously prepared plans to mW only the Westcliff Street Lighting design. Tesk 2 Prepare new mylar title sheet with JMD sIgmkire and coordinate bond plan sheets through Ww Graphics. Tb$k 3 Rev isersPesills aOO4s, estimates and bid items. SONQMR—MirkUhhUng Took i FkaMb.,as-,bulft swrim, JMD MW propgre, worduftwings from oh& coioffioM upn earrvWO.Cd :: uUMD N L-MOAN Westc-Off Sftef Lighting fMpivyMents - AddMMW Tasks maph 19, 2w R14000 6t P/*W ftI*Q GA"bw Naw mkops' manspar a~ aw(w Dommer mom Total Other TOM talk /20aB.R '""m am im HWM costs 1. ROYfft P?*A v -- 2 -0, $ 1IV2" 2. PMPBwN&wMYIWRbns ae I 1 2 1 4 1 a 2 1, 145 I ReviRevise Specilkaitens, E$mq(q 4q#Bjd j(am& 1 4 . 4 6 17 of fv- LOWSUbtotel $ 4,555.06,: dudbn S 24a0i� M" (0 ng..@ 0.5054mQ $ ODC subtotal S 240.00 Total $ 4,795XO': say $ *mi "IM The 8bOM 16G proposal is based the 0S5VMPV0ne0UffM8d'(d Md enclandqpOrpmPosal. AW~ p.014]mdcmL,ds c"t'summovy • • a a JAM, nil: Itochibits JRaffato Hills Park ilghfing keplacement Match 10, few FM)W Sr Pf*of JR9.4a G Infeml pahcom Manager ERglinear ErqyMear CA&Dmftr Clerical Total Other Total TMk WOSIROW� Af" $75.00 1. PmVda ASBufft SrVk" 2 0 B 91 7 30 W. 2 6 0 9 7 30 Labor. Subtotal S 2,65(600 dUOon $ MIAMP P @ 0-601uhm) $ ODC Subtotal S MOD Total $ Z68&001 Say S Ms. JA IThe abbm I" Proposal Is based on the a mauff0fiona cuff4md M MORK 4WOO Can p-04fmdmmf.xls Cost gunuhary 0 0