Project Name/No.: ST243 – Euclid Bridge Design Contract No.: 2024-163 (A2)
Project Manager: PW/ M. Hindersinn Approved: 02/04/2025
AMENDMENT NO. 2
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 Biggs Cardosa Associates, Inc., a California Corporation (“Consultant”) is effective as of the 4th day of February, 2025.
RECITALS
A. City and Consultant entered into that certain Agr eement for Contractual Services dated October 17 th, 2023 (“Agreement”) whereby Consultant agreed to provide Design Engineering Services for the Euclid Bridge Project (R2401).
B. City and Consultant entered into Amendment No. 1 on July 1, 2024 to extend the term of the agreement for an additional fiscal year (FY24-25).
C. City and Consultant now desire to amend the Agreement to add to the scope of work and increase compensation.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. (a) The scope of services provided in E xhibit “A-1” of the agreement is amended to include services as specified in Exhibit “A-2”, attached hereto. (b) The schedule of compensation provided in Exhibit “C-1” of the agreement is amended to include services as specified in Exhibit “C-2”, attached hereto. (c) Section 2.1, Contract Sum, is hereby revised to increase the Contract Sum by Three Hundred Eighty -Eight Thousand Five Hu ndred Thirty -Four Dollars and Twenty-Four Cents ($388,534.24) for additional design and environmental services for the Euclid Avenue Bridge Project (ST243), 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 Four Million Three Hundred Thirty-Two Thousand Seven Hundred Fifty-Nine Dollars and Fifty- Eight Cents ($4,332,759.58) (the “Contract Sum ”), unless additional compensation is approved pursuant to Section 1.10.
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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 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 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 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 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]
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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:
BIGGS CARDOSA ASSOCIATES, INC.:
By:
Name: Roy Schnabel
Title: President/CEO
By:
Name: Eric Pheifer
Title: Principal
Address: 500 s. Main Street, Suite 1200
Orange, CA 92868
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.
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cope of Services (Amendment No. 2)
SCOPE OF SERVICES – AMENDMENT NO. 2
INTRODUCTION
The Project anticipated that the appropriate CEQA document would be an Initial Study / Mitigated Negative Declaration (IS/MND). The City desires a higher -level environmental document - an Environmental Impact Report (EIR) - for the Project.
The following Scope of Services is intended to amend the previously authorized Scope of Services to prepare an EIR for the project, participate in public hearings, and prepare/file a Notice of Determination.
The following general assumptions apply to the preparation of this amended Scope of Services:
1. The approved Project Description prepared for the CEQA IS/MND will also be applicable to and utilized for the CEQA EIR.
2. Technical Studies (Task 7.2) anticipated for the CEQA IS/MND will be the same as those utilized for the CEQA EIR.
3. The level of effort for this Scope of Services is based on Consultant’s experience on recent projects and with current federal and state laws, policies, and requirements in place as of September 2024.
If new laws or policies are enacted subsequent to that date which would require consideration in this scope, Consultant will revisit the level of effort with the City.
4. The preferred alternative, selected via Task 3 – Feasibility Study, will continue to be advanced through the environmental/permitting process and final design phases. The alternative features a four-lane, ~2,500’ long precast concrete girder bridge with ~145’ long spans, and a multi-use path on the east side of Euclid Avenue. The Pomona Rincon Road intersection will be improved by using on - and off -ramps for southbound Euclid Avenue traffic , and a two -way ramp for northbound traffic. The project is designed to meet the 50-year inundation pool elevation in the Prado Basin.
5. Euclid Avenue is currently two lanes in each direction but widens to four lanes prior to the intersections with Pine Avenue and SR -71. The project removes a bottleneck and does not add capacity, and therefore an induced Vehicle Miles Traveled (VMT) analysis will not be required. VMT will be addressed qualitatively in the traffic analyses and environmental documents.
6. Consultant participation in public scoping and hearing meetings are included in this Scope of Services, but Public Outreach services are not included. It is assumed that the City will issue a separate Request for Proposals to procure a Public Outreach firm.
TASK 1 – PROJECT MANAGEMENT
1.1 Monthly Invoicing & Progress Reporting
Assumptions Up to nine (9) additional months of monthly invoicing and progress reporting are assumed in this scope.
Deliverables Monthly Invoices & Progress Reports
Exhibit "A-2"
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cope of Services (Amendment No. 2)
1.2 Coordination and Meetings
The Consultant will conduct additional Project Development Team (PDT) meetings and will coordinate with the City’s Public Outreach consultant.
Assumptions ▪ Up to nine (9) additional PDT meetings are included in this scope and are assumed to be conducted virtually.
▪ Up to six (6) focused workshops/meetings with the City’s Public Outreach consultant are included in this scope.
Deliverables ▪ PDT Meeting Agenda Packages
▪ PDT Meeting Minutes
▪ Public Outreach Workshops/Meetings
1.5 Project Controls
The Consultant will update the baseline project controls (schedule and planned expenditures ) to accommodate the change from a CEQA IS/MND to a CEQA EIR.
Assumptions
Deliverables ▪ Baseline Project Schedule
▪ Baseline Budget Performance Metrics (Planned Expenditures)
TASK 7 – ENVIRONMENTAL DOCUMENTATION
7.3 CEQA Environmental Impact Report (EIR)
Notice of Preparation
The Consultant wi ll prepare a Notice of Preparation (NOP) fo r the EIR to meet CEQA a nd the City ’s requirements. Consultant will address City comments using tracked changes on the NOP and will provide the City with the final NOP. Cons ultant will prepare the State Clearinghouse forms and the State Clearinghouse Summary Form. Consultant will prepare the NOP for distribution, and will coordinate with the City and City’s Public Outreach consultant on distribution (i.e. mailing notices to the distribution list, publishing in local newspaper , posting with the San Bernardino County Cle rk of the Board and State Clearinghouse). It is anticipated that the City will post NOP documents on the City’s website. The mailing of the NOP will start the 30-day public review and comment period.
Assumptions
Deliverables Notice of Preparation
Scoping Meeting
A public scoping will be scheduled by the City and/or the City ’s Public Outreach consultant, and is anticipated to be held at City Hall during the 30-day NOP comment period. Consultant will assist the City by preparing an agenda and presentation, and will lead the technical portions of the Scoping Meeting presentation. Consultant will review comments received via comment cards. "A 2-2"
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cope of Services (Amendment No. 2)
Assumptions ▪ City’s Public Outreach consultant will schedule, setup, and advertise the Scoping Meeting; distribute comment cards; and summarize comments for Consultant following the Scoping Meeting.
▪ Consultant will meet with the City to discuss comments following the Scoping Meeting.
Deliverables Scoping Meeting Presentation/Attendance
Administrative Draft EIR
The Administrative (Admin) Draft EIR will be prepared in accordance with the State CEQA Guidelines and City’s standards and policies . The standards/criteria of significance will be developed based on CEQA Guidelines and tailored or refined as relevant to City requirements (e.g. General Plan po licies, programs or guidelines, and adopted ordinan ces). The impact analysis will specify the standards of significant thresholds for each topic.
The Consultant will review all comment letters received on the NOP following the 30-day review period to ensure that all relevant concerns are addressed in the Draft EIR. The Consultant will provide the Admin Draft EIR to the City for review and comment.
The Consultant will address up to two (2) separate rounds of review/comments from the City (assumes each round of comment includes all comments pr ovided at the same time to Consultant) using tracked changes. The Consultant will ensure that all of the comments have been completed address ed before preparing the Public Review Draft of the EIR.
The Consultant will submit a proof copy of the Draft EIR for final review and approval by the City prior to printing and distribution for public circulation and review. The Notice of Availability (NOA) and Notice of Completion (NOC) will be prepared to meet CEQA and the City ’s requirements . The Consultant will address the City’s comments on the NOA and NOC using tracked changes and will provide final versions.
The Consultant will address up to one (1) round of review/comments from the City (assumes comments from all parties will be provided at the same time to Consultant ) using tracked changes. The Consultant will prepare the NOA for distribution, and will coordinate with the City’s Public Outreach consultant on distribution (e.g. mailing notices to the distri bution list, publishing in local newspaper, posting with the San Bernardino County Clerk of the Board and State Clearinghouse).
Assumptions
Deliverables ▪ Admin Draft EIR & Revised Admin Draft EIR ▪ Public Review Draft EIR
▪ Notice of Availability
▪ Notice of Completion
Response to Comments
The Consultant will respond to written comments received on the Draft EIR during the 45 -day public review period. This task is anticipated to include technical support and assistance from the Consultant’s technical study preparation team. Although not required, CEQA Guidelines recommend responding to, if possible, comments received after the close of the public review period. Since the number and nature of the comments cannot be identif ied at this time, onc e all comments are received, Consultant will meet "A 2-3"
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cope of Services (Amendment No. 2)
with the City to discuss and determine the approach that will be utili zed in the responses and if the budgeted amount is ad equate to cover the level of effort ne eded to respond to all of the comments received.
Following review of the Draft Responses to Comments, the Consultant will respond to one consolidated set of comments from the City on the Admin Draft FEIR and resubmit for City backcheck review. After City approval of the “proof” responses to comments, Consultant will produce final responses for distribution by the City’s Public Outreach consultant to outside agencies. Responses to comments will be included in the FEIR.
Errata: The Consultant will prepare an Errata section for inclusion with the Responses to Comments, minor changes, additional information , or corrections made from the DEIR to the FEIR . If the City pre fers, an underline / strikethrough version of the Draft EIR will be provided in lieu of the Errata.
Assumptions ▪ The budgeted response to comments effort assumes that up to 75 comments that require a response will be received, irrespective of the number of letters received. If more comments are received or the nature of the comments requires higher-than-average modeling or analysis, the Consultant will revisit this effort with the City.
▪ Official government to government AB 52 Native American Consultation would be conducted by the City and is not included in this scope.
Deliverables ▪ Responses to Comments
▪ Errata or Revised Draft EIR
Final EIR
The Final EIR will consist of the Final EIR Int roduction, “Comments and Responses ” section including bracketed comment letters, Draft EIR Errata (or Revised Draft EIR), and new or revised Appendices , and the Mitigation Monitoring and Reporting Program (MMRP).
Assumptions
Deliverables Final EIR
Mitigation Monitoring and Reporting Program (MMRP)
In compliance with CEQA Guidelines Section 21081.6, the Consultant will prepare a Mitigation Monitoring and Reporting Program (MMRP) that incorporates all mitigation measures from the EIR . The Consultant will prepare a Draft MMRP that will be submitted to the City for review and comment. The Consultant will address up to two (2) consolidated rounds of comments from the City on the Draft MMRP.
Assumptions
Deliverables Mitigation Monitoring and Reporting Program
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cope of Services (Amendment No. 2)
Findings of Fact and Statement of Overriding Considerations The Consultant will prepare draft Findings of Fact and a draft Statement of Overriding Considerations, if necessary. The Consultant will address up to two (2) consolidated rounds of comments from the City on the Draft Findings and Statement of Overriding Considerations.
Assumptions This scope assumes that the City will prepare the Resolution.
Deliverables ▪ Findings of Fact
▪ Statement of Overriding Considerations
Public Hearings
The Consultant will attend public hearings held for the Project. These hearings are anticipated to include up to two (2) City Council meetings on the EIR. The Consultant will answer technical questions related to the EIR and relevant comments on the EIR raised during the public hearing meetings. Technical analysis specialists may also be d esired to be in attendance , and available to answer questions related to th eir technical analyses.
Assumptions
Deliverables Public Hearing Meeting Participation
Notice of Determination
The Consultant will prepare the Notice of Determination (NOD) to meet CEQA and the City ’s requirements. The Consultant will address one (1) round of consolidated City comments on the NOD and will provide the City with final versions. The Consultant will file the NOD with the San Bernardino County Clerk of the Board and State Clearinghouse and provide proof of filing to the City.
Assumptions The CEQA filing fee will be provided by the City.
Deliverables Notice of Determination
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Euclid Avenue Bridge Project
Fee Summary | Amendment No. 2: Environmental Impact Report Task Description Biggs Cardosa
Associates BKF Engineers Earth Mechanics,
Inc. RVA Q3 Consulting Stantec Totals
1 Project Management $31,556.11 $31,556.11
2 Prepare Base Maps and Plan Sheets $0.00
3 Feasibility Study $0.00
4 Geotechnical Design Report and Other Field Studies $0.00 5 Traffic Analysis $0.00
6 Permits & Agreements $0.00
7 Environmental Documentation $63,192.13 $293,786.00 $356,978.13 8 Prepare Plans, Specifications & Estimates $0.00
9 Quantities and Estimates Included in Task 8 - Prepare Plans, Specifications & Estimates $0.00 10 Transportation Management Plan $0.00
11 Hydrology and Hydraulics Report $0.00
12 Prepare Final PS&E Package $0.00
13 Contract Bid Documents (Ready to List) $0.00
14 Engineering Support During Construction $0.00
15 Project Closeout $0.00
Totals $94,748.24 $0.00 $0.00 $293,786.00 $0.00 $0.00 $388,534.24 Exhibit "C-2""C2
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chedule of Compensation (Amendment No. 2)
Biggs Cardosa Associates, Inc.
Fee Proposal | Amendment No. 2: Environmental Impact Report Task Description Senior
Principal Principal Associate Engineering
Manager
Senior
Engineer
Project
Engineer
Staff
Engineer
Assistant
Engineer
Junior
Engineer
Senior
Computer
Drafter
Computer
Drafter
Project
Coordinator
Total
Hours
Budget per
Task
Fully Burdened Labor Rate: $325.00 $278.00 $257.00 $226.00 $205.00 $186.00 $171.00 $158.00 $144.00 $163.00 $144.00 $153.00 Task 1 - Project Management
1.1 Monthly Invoicing & Progress Reporting 1 9 18 28 $5,581.00
1.2 Coordination & Meetings
1.2.1 PDT Meetings & Public Outreach Workshops 24 30 27 81 $16,953.00
1.5 Project Controls 1 4 8 2 16 8 39 $8,103.00
Task 1 - Project Management | Subtotal: 148 $30,637.00
Task 1 - Project Management | Escalation @ 3%: $919.11
Task 1 - Project Management | Other Direct Costs (ODCs): $0.00 Task 1 - Project Management | Total: $31,556.11
Task 7 - Environmental Documentation
7.3 CEQA Environmental Impact Report (EIR)
7.3.a EIR Meetings / Project Management 4 8 16 28 $5,728.00
7.3.b Notice of Preparation (NOP) 2 4 6 $1,376.00
7.3.c Scoping Meeting 2 2 8 12 $2,710.00
7.3.d Prepare Admin & Public Review Draft EIR 8 4 40 24 40 116 $22,756.00
7.3.e Circulate Draft EIR, Notice of Completion, Notice of Applicability 2 8 10 $2,196.00
7.3.f Final EIR / Responses to Comments / Errata 4 4 8 16 40 72 $13,596.00
7.3.g Revised Final EIR 2 2 16 8 16 44 $8,574.00
7.3.h Findings of Fact / Statement of Overriding Considerations 2 2 4 $966.00
7.3.i Notice of Determination 1 2 4 7 $1,612.00
Task 7 - Environmental Documentation | Subtotal: 299 $59,514.00 Task 7 - Environmental Documentation | Escalation @ 4.5%: $2,678.13 Task 7 - Environmental Documentation | Other Direct Costs (ODCs): $1,000.00 Allowance for Mileage & Exhibit Boards for Scoping & Public Meetings $1,000.00 Task 7 - Environmental Documentation | Total: $63,192.13 Biggs Cardosa Total: $94,748.24
Schedule of Compensation (Amendment No. 2)
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Ruth Villalobos & Associates (RVA)
Fee Proposal | Amendment No. 2: Environmental Impact Report (EIR) Task Description Environmental
Director QA/QC Manager Project Manager Senior Env.
Planner Env Planner GIS Mapping Admin Total
Hours
Budget per
Task
Fully Burdened Labor Rate: $266.00 $247.00 $220.00 $193.00 $162.00 $151.00 $110.00 Task 7 - Environmental Documentation
7.3 CEQA Environmental Impact Report (EIR)
7.3.a EIR Meetings / Project Management 40 80 40 160 $35,960.00
7.3.b Notice of Preparation (NOP) 2 2 6 10 8 28 $4,846.00
7.3.c Scoping Meeting 2 2 8 12 16 4 44 $8,134.00
7.3.d Prepare Admin & Public Review Draft EIR 24 32 60 80 240 32 36 504 $90,600.00
7.3.e Circulate Draft EIR, Notice of Completion, Notice of Applicability 4 16 40 16 76 $14,064.00
7.3.f Final EIR / Responses to Comments / Errata 16 20 40 160 120 8 8 372 $70,404.00
7.3.g Revised Final EIR 12 16 32 40 120 2 4 226 $42,086.00
7.3.h Findings of Fact / Statement of Overriding Considerations 4 4 8 24 32 4 76 $14,068.00
7.3.i Notice of Determination 1 2 4 8 4 19 $3,624.00
Task 7 - Environmental Documentation | Subtotal: 1505 $283,786.00 Task 7 - Environmental Documentation | Escalation @ 0%: $0.00 Task 7 - Environmental Documentation | Other Direct Costs (ODCs): $10,000.00 Reimbursable Expenses Allowance $10,000.00
Task 7 - Environmental Documentation | Total: $293,786.00 RVA Total: $293,786.00
Schedule of Compensation (Amendment No. 2)
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