1722726.1
SECOND AMENDMENT
TO
CONSULTANT SERVICE AGREEMENT
This Second Amendment to the Michael Baker International, Inc. agreement is made and entered into as of October 4, 2022, by and between the City of Diamond Bar, a municipal corporation (“City”), and Michael Baker International, Inc. (herein referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into an Agreement dated as of May 5, 2020, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and Contractor entered into that First Amendment dated April 20, 2021 (“First Amendment”), which with the Original Agreement are collectively referred to herein as the “Agreement”.
C. The City and the Contractor desire to amend the Agreement to modify, amend and supplement certain portions of the Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Work, Exhibit "A" to the Agreement, is hereby amended, modified and supplemented to include the work described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement as amended by the First Amendment was the sum of One Hundred Seventy-Four Thousand Nine Hundred Eighty-One Dollars ($174,981). The Second Amendment will provide an increase of Thirty-two thousand, six hundred forty dollars ($32,640) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed Two hundred seven thousand, six hundred twenty-one dollars ($207,621) without the prior authorization of the City.
4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. 1722726.1
IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
Michael Baker International, Inc. Corporation CITY OF DIAMOND BAR *By: By:
Printed Name: Ruth Low, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David A. DeBerry, City Attorney
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.
Richard Beck
Vice President
Darren Riegler Assistant Secretary
1722726.1
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
5 Hutton Centre Drive, Suite 500 | Santa Ana, CA 92707
MBAKERINTL.COM Office: 949.472.3505 | Fax: 949.472.8373 | mbakerintl.com September 12, 2022
Mr. Ryan Wright
Parks and Recreation Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Subject: Canyon Loop Trail Improvement Project – Additional Work Request #2 Mr. Wright:
Michael Baker International, Inc. (Michael Baker) is pleased to submit this Additional Work Request for continued biological services for the Canyon Loop Trail Improvement Project (project). With project construction expected to begin on October 3, 2022, Michael Baker understands that the City of Diamond Bar has requested the services of a third-party biological monitor, sometimes referred to as an “Agency Monitor,” to ensure that the project’s final Mitigation Monitoring and Reporting Program (MMRP) is adequately fulfilled. The role of the Agency Monitor is to act on behalf of the overlying jurisdiction to ensure project compliance by the construction contractor and their team. Michael Baker’s detailed scope of work is provided below.
1. Biological Review and Compliance Monitoring
Michael Baker’s Senior Biologist, Ryan Winkleman, will act on behalf of the City of Diamond Bar as the City’s third-party biological monitor, hereafter referred to as the Agency Monitor. The role of the Agency Monitor will be to coordinate directly with the construction contractor and their biological monitor to ensure project compliance with the MMRP. To this end, the Agency Monitor will have the following responsibilities:
To receive and review the pre-construction clearance survey report provided by the contractor’s biologist and ensure it meets the intent of the MMRP;
To review, approve, and attend the project’s Worker Environmental Awareness Program (WEAP) prepared by the contractor’s biological monitor;
To receive and review daily/weekly monitoring reports provided by the contractor’s biological monitor, ensure that the project is satisfying the conditions of the MMRP, and coordinate with the contractor’s biological monitor regarding potential non-compliance issues; and To periodically (at least once weekly) visit the site, interact with the contractor and contractor’s biologist, and ensure that project construction complies with the MMRP.
Ryan Wright
Canyon Loop Trail Improvement Project September 12, 2022 2 The Agency Monitor will provide final copies of all completed reports to the City of Diamond Bar for file once approved.
Assumptions & Exclusions: Based on conversations with the City of Diamond Bar, this task assumes that construction will be completed within 60 working days, or approximately 12 weeks. This task assumes that the Agency Monitor will visit the site at least once weekly for 2 hours of roundtrip travel and up to 4 hours of on-site time per week; an additional four visits have been included to use as needed for a budgeted total of 16 site visits. This task assumes that the agency monitor will correspond and coordinate with the contractor’s biological monitor as needed. This task assumes that the contractor’s biological monitor will create daily and/or weekly monitoring reports that would be submitted to the agency monitor for review on a weekly basis. This task assumes up to 12 hours per week visiting the project site, communicating with project personnel, and reviewing biological report submittals from the construction contractor; however, labor will be billed on a time and materials basis and may be greater or less than the assumed weekly workload. A total of 144 hours have been assumed for the weekly monitoring requirements, with an additional 24 hours for the additional as-needed site visits. Should the volume of work exceed the allocated budget, an Additional Work Request will be submitted to the City of Diamond Bar for review in order to continue working under an approved contract amendment.
Deliverables: No deliverables are proposed.
ODC: Other Direct Costs
Other direct costs include travel expenses for site visits, vehicle mileage, field supplies, food, document reproduction, and messenger/mailing services, as applicable.
FEE ESTIMATE
No. Task Description Fee
1 Agency Monitor $31,500.00
ODC Other Direct Costs $1,140.00
TOTAL FEE $32,640.00