Project Name/No.: ST203 – Preliminary Engineering Contract No.: 2020-131 (A7) & Design Services Pine Ave.
Project Manager: PW/ M. Hindersinn Approved: _______________
AMENDMENT NO. 7
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and Proactive Engineering Consultants, Inc., a California Corporation (“Consultant”) is effective as of the 17th day of October, 2023.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated September 17, 2019 (“Agreement”) whereby Consultant agreed to provide Engineering Services for the Pine Avenue Project.
B. City and Consultant entered into a First Amendment on March 3rd, 2020, to increase compensation.
C. City and Consultant entered into a Second Amendment on June 2 nd, 2020, to increase compensation.
D. City and Consultant entered into a Third Am endment on January 19 th, 2021, to increase compensation.
E. City and Consultant entered into a Fourth Amendment on July 20 th, 2021, to increase compensation, amend the Scope of Services, and extend the term of the Agreement.
F. City and Consultant entered into a Fifth Amendment on April 5th, 2022, to increase compensation and add to the Scope of Services.
G. City and Consultant entered into a Sixth Amendment on July 1st, 2023 to increase compensation, add to the Scope of Services, and extend the term of the Agreement.
H. City and Consultant now desire to amend the Agreement to increase compensation and add to the Scope of Services.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1, Contract Sum is hereby revised to increase the Contrac t Sum by One Hundred Two Thousand Three Hundred Eight Dollars and Zero Cents ($102,308.00) for performance of additional Design Engineering services for Project ST203, and shall read in its entirety as follows:
01225.0001/863605.1
“Subject to any limitations set forth in this agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Million Three Hundred Seventy Thousand Four Hundred Twenty -Six Dollars and Zero Cents ($1, 370,426.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.
(b) The sco pe of services provided in “Exhibit A-1” and all amendments of the Agreement is amended to include services as specified in “Exhibit A -3”, attached hereto.
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and ef fect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provi ded herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Am endment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment 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 on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to t he provisio ns of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01225.0001/863605.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________
Fred Galante, City Attorney Hye Jin Lee, Director of Public Works
CONSULTANT:
PROACTIVE ENGINEEERING CONSULTANTS,
INC.:
By:
Name: Mark Anderson
Title: Principal
By:
Name: Tom Braun
Title: Principal
Address: 200 S. Main St., Suite 300
Corona, CA 92882
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups:
1) Chairman of the Board, President, or any Vice President; and 2) Secre tary, any Assistant Secretary, Chie f Financial Officer or any Assistant Treasurer.
“A3-1”
Exhibit “A-3”
Pine Avenue Widening Revisions
Task 01 100% Pine Ave Improvement Plans
Revise plans for the construction of Pine Ave widening consistent with the exhibit at tached.
Proposed roadway improvements extend from Euclid Ave. on the west to Johnson Ave. on the east. Plans will be submitted to the City for review at 65%, 95% and 100% complete.
It is assumed that the outlet and inlet structure of Storm Drain Line L can be constructed per agency standards (City/Caltrans/Greenbook etc).
Task 02 CIW Domestic Water Plans
Revise approved plans for the reconstruction of the State’s domestic water line between Euclid Ave and Johnson Ave. Plans will be submitted to the State for review, comment and approval.
Task 03 IEUA Recycled Water Plans
Revise approved plans for the reconstruction of IEUA’s recycled water line between Euclid Ave and Johnson Ave. Plans will be submitted to IEUA for review, comment and approval.
Task 04 Dry Utility Relocations
Coordinate with the City’s consultant to modify the existing improvements of Southern California Edison (SCE), Southern California Gas (SCG), Charter and Frontier between Euclid Ave and Johnson Ave. The relocated SCE, Charter and Fro ntier facilities are to be undergrounded within the Pine Ave r ight-of-way. This scope assumes that SCE, SCG, Charter and Frontier will prepare their own construction plans. The City of Chino shall pay any fees requested by the utility companies.
The precise scope of this task is indeterminate, so a budget of 32 hour s has been established.
Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the established budget. Any additional budget must be approved by t he Client in advance of doing the work.
Task 05 Hydrology and Hydraulics
Prepare a Hydrology and Hydraulics Report summarizing the hydrology and hydraulic assumptions and calculations that are the basis of design for the Pine Ave culvert crossing and street catch basins. Hydrology and hydraulic calculations will be consistent with the procedures defined in the most recent version of “Storm Drain Master Plan Update, Subarea No. 2 – The Preserve”. Culvert hydraulics will be confirmed using Water Surface Pres sure Gradient (WSPG) software developed by Los Angeles Department of Public Works. The Pine Ave culvert crossing will be investigated for the existing condition and ultimate condition based on the new master plan of drainage.
“A3-2”
Task 06 Quantities and Cost Estimate
Prepare three (3) quantity estimates as required by the City of Chino. The first estimate shall be prepared with the 65% submittal. The second estimate shall be prepared with the 95% submittal. The final cost estimate and bid sheet will be submitted upon completion of the 100% plans. Unit pricing estimates will utilize the City’s furnished unit prices.
Task 07 ACOE 408 – Drawdown Calculation
Provide Hydrologic and Hydraulic Analysis detailing how Pine Ave Widening improvements affect the inundation area of Prado Dam. Calculation will sho w that the proposed Storm Drain Line L will drain the area north of Pine Ave quicker than the drawdown time of Prado Dam through the elevations of 556 through 547.
It is assumed that the ACOE will not require a scour analysis, sediment transport analysis or a HEC-RAS model to support the above calculation.
Task 08 ACOE 408 – Support
Provide miscellaneous exhibits in support of the ACOE 408 submittal package. The precise scope of this task is indeterminate, so a budget of 40 hours has been established. Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the established budget. Any additional budget must be approved by the Client in advance of doing the work.
Task 09 Transportation WQMP
Revise WQMP for review, comment, and approval by City of Chino. The plan will outline source control, LID, and post-construction BMPs applicable to the project to reduce and/or eliminate the discharge of pollutants from the completed project into the receiving waters. This scope is limited to the reach of Pine Ave between Euclid Ave and Johnson Ave.
Task 10 Meetings, Consultation and Support (NTE)
Meeting attendance, participation in digital meetings, phone calls and support of other consultant team members will be performed on an hourly basis. The precise scope of this task is indeterminate, so a budget of 40 hours has been established. Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the e stablished budget.
Any additional budget must be approved by the City in advance of doing the work.
Task 11 Soils Investigation and Report
NMG has collected sufficient data during the project’s earlier subsurface investigation along the southern half of the site to evaluate and provide design recommendations for our original design report (NMG, 2021). However, there is no geotechnical data for the northern half of the site, which is located within the United States of America (USA), Army Corps of Engineer s (ACOE) property. This proposal consists of performing site specific geotechnical exploration to collect data on the north side of Pine Avenue and to provide the design model with the planned fill
“A3-3”
slopes and the associated storm drain culvert inlet structure. We understand that this work will need to be processed through the ACOE for site access and the time duration of this effort is uncertain.
Site-specific borings are proposed to determine the existing subsurface soil conditions, groundwater level, and the required geotechnical design parameters for the proposed northern fill slopes and storm drain inlet structure and culvert. Soil sampling and laboratory testing will also be performed. We anticipate that settlement of soft, weak alluvial soils and shall ow groundwater conditions will be significant geotechnical constraints for design of the storm drain culvert and inlet structure. The fill slopes will also add considerable loads on the soils below and thus induce settlement.
Due to the presence of thick weeds, we propose using a backhoe to crush the weeds and make a level pad for drill rig access. We understand permits for the three proposed borings will be required by ACOE and that the City of Chino will take the lead in determining the environmental impacts and obtaining the ne cessary permits for the proposed drilling. The project will be performed under prevailing wage guidelines. Please note, assessment of contaminated soils or environmental issues is not a part of our services.
Assumptions
• Volume offset for Prado Reservoir will not be required. Memo from Jon Sweeten dated o March 5, 2021 provides clearance from requiring volume offset calculation. • OCFCD will have acquired all adjacent properties, except parcel owned by USA • Caltrans encroachment permit application and processing by others • OCFCD encroachment permit application and processing by others • ACOE 408 permit application and processing by others
• Additional geotechnical borings to be done after City has taken possession of the ACOE property.
Exclusions
• Appraisals
• Erosion Control
• SWPPP
• Traffic Signal Design
• Traffic Studies
• Traffic Control Plans
• Street Light Design
• Dry Utility Design
• Utility company fees
• Relocation of monitoring wells within Pine Ave
• Plans for Line H storm drain
• Plans for Line I storm drain
• Plans for Johnson Ave
“A3-4”
• Landscape Plans
• Potholing
• Environmental Studies
• Construction Staking
• Volume Offset Calculations
• Scour Analysis
• Sediment Transport Analysis
• Watershed Hydrology
• HEC-RAS Model
• Structural Plans and Calcs for Storm Drain Line L
• ACOE work plan associated with geotechnical borings
Client will reimburse PEC monthly on an hourly not to exceed basis subject to the following rate schedule:
Pine Avenue Widening Revisions
Task 01 100% Pine Ave Improvement Plan ------------------------------------------------- $21,000 Task 02 CIW Domestic Water Plans -------------------------------------------------------------$5,300 Task 03 IEUA Recycled Water Plans -------------------------------------------------------------$6,100 Task 04 Dry Utility Relocations (NTE) -----------------------------------------------------------$6,500 Task 05 Hydrology and Hydraulics --------------------------------------------------------------$7,300 Task 06 Quantities and Cost Estimate ----------------------------------------------------------$2,500 Task 07 ACOE 408 – Drawdown Calculation --------------------------------------------------$5,000 Task 08 ACOE 408 Support (NTE) ----------------------------------------------------------------$8,100 Task 09 Transportation WQMP ------------------------------------------------------------------$4,000 Task 10 Meetings, Consultation, and Support (NTE) ----------------------------------------$8,100 Task 11 Soil Investigation and Report -------------------------------------------------------- $34,252 Subtotal $108,152
Amendment #5
Structural Plan ------------------------------------------------------------------------ -$25,500 Subtotal -$25,500
Total $82,652
“A3-5”
Storm Drain Line H
Task 01 Historic Hydrology Analysis
Provide engineering services to prepare a historical evaluation of the watershed area and hydrology tributary to the existing stream channel crossing of Pine Avenue located approximately 500 feet east of the intersection with Euclid Avenue. The hydrology analysis will also evaluate the downstream location w here the existing stream channel discharges to the Prado Lakes. The watershed hydrology will be prepared following the guidelines in the San Bernardino County Hydrology Manual. The hydrology will be prepared for the wate rshed conditions that pre -date the development of the Chino Preserve area. Hydrology will be prepared for the 10- and 100-year storm events. Rational Method, Unit Hydrograph, and a flood routing analysis will be prepared. The unit hydrograph and flood ro uting analyses will be prepared to incorporate the Chino Airport detention basin which existed prior to the start of the Chino Preserve. A technical memorandum will be prepared to document the assumptions, methodology, and results of the analysis. A hydr ology map will be prepared based o n the best available topographic mapping.
Task 02 Meetings, Consultation and Support (NTE)
Meeting attendance, participation in digital meetings, phone calls and support of other consultant team members will be performed o n an hourly basis. The precise sc ope of this task is indeterminate, so a budget of 16 hours has been established. Services will be billed on an hourly basis consistent with the attached rate schedule, not to exceed the established budget.
Any additional budget must be approved by the City in advance of doing the work.
Exclusions and Assumptions
• Adequate topographic mapping is available.
• No hydraulic analysis to be performed.
Client will reimburse PEC monthly on an hourly not to exceed basis subject to the following rate schedule:
Storm Drain Line H
Task 01 Historic Hydrology Analysis ----------------------------------------------------------- $16,224 Task 02 Meetings, Consultation and Support (NTE) ----------------------------------------- $3,232 Subtotal $19,456
Reimbursable Expenses $200
Total Professional Fee $19,656