1450826.1
FIRST AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This First Amendment to Consultant Services Agreement (“First Amendment”) is made and entered into as of November 21, 2023, by and between the City of Diamond Bar, a municipal corporation (“City”), and MNS Engineers, Inc., a California corporation, (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of June 20, 2017, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
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 Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A-1" attached hereto and incorporated herein by this reference.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein begin from June 20, 2017 and shall continue unless earlier terminated pursuant to the provisions therein. This First Amendment does not change the Term except including adding the provisions herein.
4. Compensation. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement was the sum of Two Hundred Ninety-Five Thousand Eight Hundred and Sixty-Six Dollars ($295,866). Section 3 of the Original Agreement is hereby amended to provide for an increase of Two Hundred Seven Thousand Five Hundred and Sixty Dollars ($207,560) so that the total not-to-exceed compensation, as amended by this First Amendment shall not exceed Five Hundred Three Thousand Four Hundred and Twenty-Six Dollars ($503,426) without the prior authorization of the City.
5. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235 1450826.1
Agreement and except as specifically amended hereby, the Original 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 First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
“CONSULTANT” “CITY”
MNS ENGINEERS, INC. CITY OF DIAMOND BAR
*By: By:
Printed Name: Darren Riegler Daniel Fox, City Manager
Title: President/CEO
*By: ATTEST:
Printed Name: Brandon Reyes
Title: Vice President
Kristina Santana, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
*NOTE:If Consultant 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.
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235 1450826.1
EXHIBIT “A-1”
ADDITIONAL SCOPE OF SERVICES
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235 November 8, 2023
City of Diamond Bar
Attention: Hal Ghafari, Assistant City Engineer
21810 Copley Drive
Diamond Bar, CA 91765
SUBJECT: Amendment for Diamond Bar Boulevard Complete Street Dear Hal,
The City of Diamond Bar (City) is expecting to transform this Diamond Bar Boulevard segment to a Downtown District in which more sidewalk width will be required for pedestrians/visitors. The City proposes to provide the additional sidewalk width by modify the complete street plans as follows:
Reduce landscape median to a 12’ width outside of intersection approaches. Remove the landscape buffer between bike path and sidewalk and install street trees in tree wells only.
Change the bike path to a Class IV bikeway (bikeway in same plane as vehicles). Use the required bikeway separation as the stormwater treatment area.
The City’s proposed street cross sections are attached.
The City received grant funding to construct this project; therefore, a fast-track project design schedule is anticipated. To avoid delays during the design phase, MNS Engineers, Inc. (MNS) and Lynn Capouya Inc. (LCI) will develop a conceptual landscape plan for the City’s approval prior to preparing the plan, specifications and estimate.
MNS and team will provide the following scope of work:
Scope of Work
Task 1 – Project Coordination
1.1 Meetings
MNS and team will attend up to four (4) virtual meetings.
MNS will perform project administration during the prosecution of the project.
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235
1.2 Coordination
MNS will coordinate with utility agencies to confirm if new improvements have been installed since the project was suspended. We will obtain the relevant record drawing and/or atlases. We assume no additional potholing will be required.
Task 2 – Conceptual Landscape Plans
MNS will develop new geometric linework based on the City’s proposed cross sections. The linework will serve as the base for the concept landscaping.
LCI will prepare color-rendered conceptual landscape plan, including two (2) typical cross sections. We assume one (1) 24” x 36” sheet or one (1) 36” x 48” sheet.
LCI will review and respond to City comments and revise the conceptual landscape. LCI’s budget allows for two (2) revisions. LCI will attend up to two (2) meetings to discuss the conceptual landscape with City staff.
Task 3 – Plan, Specification and Estimate
Based on the City’s provided cross sections and the approved conceptual landscape plan, MNS team will update the plan, specification and estimate.
3.1 Draft Plan, Specification and Estimate Revisions
We will revise the following plan sheets:
Title Sheet & General Notes – 2 Sheets
Demolition and Utility Plans – 3 Sheets
Typical Sections - 1 Sheet
Plan and Profile – 3 Sheets
Curb Ramp and Driveway Details – 4 Sheets
Pavement and Curb Elevations – 1 Sheet
Hardscape Plans – 3 Sheets
Hardscape Details – 1 Sheet
Stormwater Details – 1 Sheet
Storm Drain Plan and Profile – 1 Sheet
Signing and Striping Plan – 3 Sheets
Traffic Signal Plans - 3 Sheets
Electrical Plans, Notes and Details – 6 sheets
Irrigation and Landscape Plans and Details – 7 Sheets We assume the hardscape details will follow the City Streetscape Guideline; therefore, custom hardscape details will not be developed.
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235 We will review and update the specifications.
We will quantify the improvements and prepare a construction cost estimate.
3.2 Final Plan, Specification and Estimate
Based on the City comments, we will revise the draft plans, specifications and estimate.
Task 4 – Los Angeles County Department of Public Works (LACDPW) Storm Drain Modification Permit
4.1 Permit Package
MNS will prepare the permit package consisting of hydrology/hydraulic backup and plans to modify the LACDPW storm drain facility and obtain LACDPW approval. We will submit the package through the County’s online EPIC-LA website.
The City will pay all fees for the LACDPW permit and plan checking.
4.2 Coordination and Resubmittal
MNS will coordinate and respond to LACDPW comments and revise the backup calculations and plans as needed. We anticipate three (3) submittals to obtain LACDPW approval.
Assumptions
The following are our assumptions for this project:
Supplemental field survey and mapping are not required as new street improvements have not been constructed since the project was suspended.
Supplemental utility potholing is not required (i.e. no new utilities have been installed within the proposed parkway width.)
Proposed improvements will remain outside of Caltrans right of way; therefore, a Caltrans encroachment permit is not required. The contractor will be responsible for obtaining a Caltrans encroachment permit to provide temporary traffic control devices within Caltrans right of way.
Project will continue to follow the City’s Streetscape Guidelines.
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235 Schedule
Upon receipt of the notice to proceed (NTP), we will provide deliverables within the following timeframe:
Deliverable Submittal
Draft Landscape Concept Plan 2 weeks after NTP
Final Landscape Concept Plan 4 weeks after NTP
Draft PS&E 8 weeks after approval of Landscape Plan
City Review – Draft PS&E 3 weeks after submittal of Draft PS&E Final PS&E 3 weeks after receipt of City Comments
The LACDPW permit package will be submitted after the Draft PS&E has been completed. MNS does not control the LACDPW permit approval process. We will respond to LACDPW comments within a two-week window.
Fee
The not to exceed fee for the scope of work defined in this letter is $207,560. A detailed cost breakdown is attached.
Task Fee
1 – Project Coordination $9,440
2 – Landscape Concept Plan $15,858
3 – PS&E $168,462
4 – LACDPW Permit $13,800
Task Total $207,560
Please let us know if we can provide any more information and feel free to call me to discuss this request at (805) 719-9807 or if you prefer, via email at [email protected].
Sincerely,
MNS Engineers, Inc.
Michael Ip, PE, QSD
Principal Engineer
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235 Principal Engineer
Senior Project
Engineer
Project Engineer
Associate Engineer
Assistant Engineer
Senior CADD
Technician
Task Descriptions $290 $225 $200 $180 $165 $160
Task 1 - Project Coordination
1.1 Project Meetings / Coordination 12 6 18 $4,680 $1,210 $1,100 $1,100 $8,0901.2 Utility Coordination 1 2 4 7 $1,350 $1,350 $9,440 Task 2 - Conceptual Landscape Plans 4 12 16 $3,560 $12,298 $15,858 $15,858Task 3 - PS&E
3.1 Draft PS&E Revisions
Title Sheet & General Notes - 2 Sheets 1 1 2 4 $820 $820Demolition and Utility Plans (3 Sheets) 8 1 24 12 45 $9,325 $9,325Typical Sections (1 Sheet) 2 1 4 4 11 $2,165 $2,165Plan and Profile (3 Sheets) 8 4 32 12 12 68 $13,520 $13,520Curb Ramp and Driveway Details (4 Sheets) 6 2 20 20 20 68 $12,290 $12,290Pavement and Curb Elevations (1 Sheet) 2 1 8 8 19 $3,725 $3,725Hardscape Plans and Details (3 Sheets) 8 2 16 16 8 50 $9,570 $9,570Hardscape Details (1 Sheet) 1 2 3 $690 $690Stormwater Detail (1 Sheet) 2 1 6 8 17 $3,325 $3,325Storm Drain Plan and Profile (1 Sheet) 6 1 12 6 25 $5,355 $5,355Signing and Striping (3 Sheets) 4 1 16 16 37 $6,905 $6,905Traffic Signal Plans (3 Sheets) 4 4 8 $1,960 $19,800 $21,760Electrical Plans, Notes & Details (6 Sheets) 4 4 8 $1,960 $11,550 $13,510Irrigation & Landscape Plans & Details (7 Sheets) 4 4 8 $1,960 $17,919 $19,879Update Specifications 8 2 16 26 $5,970 $5,970Update Construction Cost Estimate 2 8 16 26 $4,820 $4,820
3.2 Final PS&E 16 24 24 24 16 104 $20,280 $4,653 $5,500 $4,400 $34,833 $168,462 Task 4 - LACDPW SD Modification Permit 20 40 60 $13,800 $13,800 $13,800 Total Staff Hours 123 16 205 80 144 60
Total Staff Costs $35,670 $3,600 $41,000 $14,400 $23,760 $9,600 $207,560 $207,560
Project Summary
GRAND TOTAL
628
Hours $207,560
MNS Engineers
Staff Summary
MNS Resource Costs
Lynn Capouya, Inc.
TJW Engineering, Inc.
P2S Eng
$17,050 $26,400 $36,080 $207,560 $128,030
MNS Engineers, Inc., Team Resource Estimate
Diamond Bar Boulevard Complete Street Design Revisions
Reimbursables
MNS Resource Hours
Total Costs
Task Summary
Task Costs
DocuSign Envelope ID: AAD043BD-5133-443A-8F11-413E094FF235