Project Name/No.: Pine Ave. Improvements (ST203) Contract.: 2021-053 (A9) and Pine Ave. Extension to SR71
Ramp Widening Design Services (ST204)
Project Manager: PW/ M. Hindersinn Approved: __________
AMENDMENT NO. 9
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 EXP U.S. Services, Inc., an Illinois Corporation (“Consultant”) is effective as of the 4th day of June, 2024.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 7 th, 2020 (“Agreement”) whereby Consultant agreed to perform Design Engineering Design Services for Project ST204.
B. City and Consultant executed a First Amendment to the Agreement on March 16 th, 2021, to increase compensation and to add to the scope of services.
C. City and Consultant executed a Second Amendment to the Agreement on July 1st, 2021, to extend the term of the Agreement.
D. City and Consultant executed a Third Amendment to the Agreement on October 5 th, 2021, to increase compensation and to add to the scope of services.
E. City and Consultant executed a Fourth Amendment on April 5 th, 2022, to increase compensation and to add to the scope of services.
F. City and Consultant executed a Fifth Amendment on July 1st, 2022, to extend the term of the Agreement.
G. City and Consultant executed a Sixth Amendment on December 6 th, 2022, to increase compensation and to add to the scope of services.
H. City and Consultant executed a Seventh Amendment on July 1 st, 2023, to increase compensation, add to the scope of work, and extend the term of the Agreement.
I. City and Consultant executed an Eighth Amendment on September 26 th, 2023, to increase compensation and add to the scope of work.
J. City and Consultant now desire to amend the Agreement to increase compensation and add to the scope of work.
TERMS
1. Contract Changes. The Agreement is amended as provided herein.
01225.0001/863605.1
(a) Section 2.1, Contract Sum is hereby revised to increase the Contract Sum by Eighty Thousand Nine Hundred Eight een Dollars and Zero Cents ($ 80,918.00) for performance of additional Design Engineering services for Project ST20 3, and shall read in its entirety as follows:
“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 Seventy Thousand Six Hundred Eighty -Nine Dollars and Ninety -Three Cents ($1,070,689.93) (the “Contract Sum”), unless additional compensation is approved pursuant to Section
1.10.”
(b) The scope of services provided in Exhibit “A” of the Agreement is amended to include the additional scope of services and fee schedule described in Exhibit “A-9”, 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 effect. 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 Re 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 ther e have been no written or oral modifications to the Agreement other than as provided 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 mat erial default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, 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 stipulate 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 the provisions 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, PE, Director of Public Works
CONSULTANT:
EXP U.S. SERVICES, INC.:
By:
Name: Syed Raza
Title: Vice President
By:
Name: Khalil Saba
Title: Vice President
Address: 451 E. Vanderbilt Way, Suite 375
San Bernardino, CA 92408
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) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer.
“A9-1”
01225.0001/863605.1
“Exhibit A-9”
EXP’s scope of work for the project consists of preparing roadway and signal modification plans for the intersection of Euclid and Pine avenues with environmental, surveying, right of way and geotechnical services to be provided by others.
This is in reference to EXP U.S. Services’ Design Services Contract with the City of Chino (City) regarding the Euclid/Pine Avenue Intersection Improvement Project (ST203). We have revised our cost proposal to only include adding raised island and a free right turn lane for west to north movement in the Northeast corner of the intersection. Previously we had also included adding a free right-turn lane and raised island for the south to west movement. This has now been removed based on the discussion during our meeting.
Attached is our detailed cost proposal (broken down by task) for a not to exceed amount of $34,950 for your review and consideration please. The proposal includes updating the 65% and 95% PS&E package, any engineering reports affected by the change and add ing Intersection Grid Plan as requested by the City at the coordination meeting held on February 8, 2024.
This is in reference to EXP U.S. Services’ Design Services Contract with the City of Chino (City) regarding the State Route 71 (SR -71)/Pine Avenue Ramp Widening Improvement Project (ST204). EXP’s scope of work for the project consists of preparing roadway and signal modification plans for the ramp intersections of SR -71 and Pine Avenue including providing environmental, surveying, right of way and geotechnical services. This Change Order in the amount of $46,981.14 will cover the additional cost needed by E XP and its landscape sub - consultant (David Evans & Associates) to finalize the project, as shown in the attached financial status and cost proposal.
FIRM: EXP U.S. Services Inc.
ROLE: PRIME CONSULTANT
TASK Syed Raza Ryan Luong Christine Brown Zoe McMohan Mitsuru Tanaka NO. Project Manager Drainage Engineer Design Lead Designer Traffic Lead $160.00 $150.00 $125.00 $125.00 $125.00 EXP COST
1.2 Coordination and Meetings 4 4 8 $1,140.00
SUBTOTAL 4 4 8 $1,140.00
2.1 Update roadway layouts, profile, curb returns, curb ramps, sidewalk etc. 4 40 44 $5,500.00
2.2 Create intersection grid plan 80 80 $10,000.00
2.3 Update traffic signal plans 16 16 $2,000.00
2.4 Update drainage plans 4 8 12 $1,600.00
2.5 Update street lighting, signing and pavement delineation plans 16 16 $2,000.00
2.6 Update drainage report and WPCP 4 8 12 $1,600.00
2.7 Perform QC 2 2 4 $570.00
2.8 Submit to City for review 1 1 $160.00
SUBTOTAL 3 8 6 136 32 185 $23,430.00
3.1 Update roadway layouts, profile, curb returns, curb ramps, sidewalk etc. 4 16 20 $2,500.00
3.2 Update traffic signal plans 8 8 $1,000.00
3.3 Update drainage plans 2 4 6 $800.00
3.4 Update construction staging and traffic handling plans 16 16 $2,000.00
3.5 Update street lighting, signing and pavement delineation plans 8 8 $1,000.00
3.6 Update drainage report and WPCP 2 4 6 $800.00
3.7 Perform QC 2 2 4 $570.00
3.8 Submit to City for review 1 1 $160.00
3.9 Incorporate City's comments 2 2 4 4 12 $1,550.00
SUBTOTAL 3 6 8 28 36 81 $10,380.00
SUBTOTAL HOURS : 10 14 18 164 68 274
SUBTOTAL LABOR : $1,600.00 $2,100.00 $2,250.00 $20,500.00 $8,500.00 $34,950.00 TOTAL : $34,950.00
UPDATE PS&E PACKAGE TO ACCOMMODATE FREE WEST TO NORTH RIGHT TURN LANE AND RAISED ISLAND TASK 3 -UPDATE 95% PS&E Package
TASK 1 - PROJECT MANAGEMENT
TASK 2 -UPDATE 65% PS&E Package
EXP U.S. Services Inc. - Detailed Labor and Fee Breakdown Pine Avenue Improvements (ST203)
TASK DESCRIPTIONS Total Hours
City of Chino
“A9-”
FIRM: EXP U.S. Services Inc.
ROLE: PRIME CONSULTANT
TASK Syed Raza Luis Betacourt Ryan Luong Jose Carrillo Mitsuru Tanaka David Evans & Associates
NO. Project Manager Senior Specialist Drainage Lead DesignerEngineer Traffic Lead Sub-consultant $363.57 $317.29 $316.91 $105.44 $105.44 EXP COST TOTALCOST
1.2 Coordination and Meetings 8 8 $2,908.56 $2,908.56
SUBTOTAL 8 8 $2,908.56 $2,908.56
3.1 Finalize roadway layouts, cross-sections, profile, curb returns, curb ramps, sidewalk etc. 40 40 $4,217.60 $4,217.60
3.2 Finalize traffic signal plans 40 40 $4,217.60 $4,217.60
3.3 Finalize drainage plans 4 8 12 $2,111.16 $2,111.16
3.4 Finalize construction staging and traffic handling plans 15 15 $1,581.60 $1,581.60
3.5 Finalize street lighting, signing and pavement delineation plans 40 40 $4,217.60 $4,217.60
3.6 Finalize retaining wall plans 16 16 $1,687.04 $1,687.04
3.7 Finalize landscaping, irrigation and erosion control plans (David Evans & Associates) $7,486.00 $7,486.00
3.8 Finalize Standard Special Provisions 16 16 32 $6,763.68 $6,763.68
3.9 Finalize drainage report and SWDR 8 8 $2,535.28 $2,535.28
3.10 Finalize PEER & DSDD 8 4 12 $2,960.08 $2,960.08
3.11 Perform QC and incorporate comments 4 4 $1,269.16 $1,269.16
3.12 Submit to Caltrans for final review 4 4 $421.76 $421.76
3.13 Incorporate Caltrans' comments 4 2 8 4 18 $3,168.26 $3,168.26
3.14 Submit to Caltrans for approval 4 4 $421.76 $421.76 SUBTOTAL 0 32 14 100 99 245 $35,572.58 $43,058.58
SUBTOTAL HOURS : 8 32 14 100 99 253
SUBTOTAL LABOR : $2,908.56 $10,153.28 $4,436.74 $10,544.00 $10,438.56 $38,481.14 $7,486.00 $45,967.14 TOTAL : $45,967.14
UPDATE PS&E PACKAGE TO ACCOMMODATE FREE WEST TO NORTH AND SOUTH TO WEST RIGHT TURNS TASK 3 -Complete 100% PS&E and Technical Engineering Reports TASK 1 - PROJECT MANAGEMENTE
XP U.S. Services Inc. - Detailed Labor and Fee Breakdown SR-71/Pine Avenue Ramp Widening Project (ST204)
TASK DESCRIPTIONS Total Hours
City of Chino
“A9-”