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AMENDMENT NO. 8
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF FONTANA
AND
DAVID EVANS AND ASSOCIATES
TRACKING NUMBER SQ-12-DE-17
1. Parties and Date.
This AMENDMENT No. 8 to the Professional Services Agreement is made and entered into as of this 12th day of December, 2023, by and between the City of Fontana, (“City”) and David Evans and Associates, a Corporation with its principal place of business at 4141 East Inland Empire Blvd, Suite 250 Ontario, CA 91764 (hereinafter referred to as the “Consultant”). C ity and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement Contract Number SQ-12-DE-17 dated the 10th of January, 2017 (“Agreement”), for the pur se of retaining the serv ices of C onsultant to provide Professional Engineering Design Services for the San Sevaine Trail Phase 1, Segment 2 Project.
2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services, term and increase the not-to-exceed compensation amount. The parties have heretofore entered into that Amendment No. 7 dated February 11, 2021.
2.3 Amendment Authority. This Amendment No. 8 is authorized pursuant to Section
3.1.2 of the Agreement.
3. Terms.
3.1 Section 3.1.1 of the Agreement is hereby amended in its entirety to read as follows:
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional design consulting ser vices necessary for the Project (“Services”). The additional Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.2 Section 3.1.2 of the Agreement is hereby amended in its entirety to read as follows:
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3.1.2 Term. This contract shall go into effect on December 12, 2023 , contingent upon approval by the City of Fontana and Consultant shall commence work after notification to proceed by the City of Fontana’s Contract Administrator. The contract shall end on April 30, 2025 unless extended by contract amendment. The City shall have the unilateral option , at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Consultant is advised that any recommendation for contract award is not binding on the City of Fontana until fully executed and approved by the City of Fontana.
3.3 Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:
3.3.1 Compensation. Consultant shall receive co mpensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. Amendment No. 8 is authorized in the amount of Six Hundred Seventy Thousand, One Hundred-Nineteen Dollars and Zero Cents ($670,119.00).
The total compensation shall not exceed One Million, Five Hundred Ninety-one Thousand, Nine Hundred Forty-one dollars and thirty-two cents ($1,591,941.32) without written approval of City’s Engineering Manager. Extra Work may be authorized, as described below; and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 8, all other provisions of this Agreement remain in full force and effect and shall govern the action so of the parties under this Amendment No. 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8.
3.5 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 No. 8.
3.6 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 8
TO THE CITY OF FONTANA
PROFESSIONAL SERVICES AGREEMENT
CITY OF FONTANA
By:
Matthew Ballantyne
City Manager
DAVID EVANS AND ASSOCIATES
By: ______________________________
Greg Davis
Vice President
Attest:
By:
Germaine Key, City Clerk
Attest:1
By:
Sean Haeri
Transportation Market Leader
Approved as to form:
_______________________________
Best Best & Krieger LLP
City Attorney
By:________________________________
Phillip Burum
Deputy City Manager
By: ______________________________
Gia Lam Kim
Director of Public Works/City Engineer
IN COMPLIANCE WITH CONTRACT INSURANCE REQUIREMENTS
By: ______________________________
Rakesha L. Voss
Director of Human Resources and Risk Management
IN COMPLIANCE WITH PURCHASING AND CONTRACT ADMINISTRATION
POLICIES/PROCEDURES
Jessica Brown
Chief Financial Officer
Purchasing
1 Attestation of Consultant’s signature must be obtained when required by the by-laws, articles of incorporation or other laws, rules or regulations applicable to Consultant’s business entity.
EXHIBIT A
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EXHIBIT “A”
- ATTACHED BEHIND THIS PAGE -
4141 E. Inland Empire Blvd, Ste 250, Ontario, CA 91764 Page 1 of 10
November 20, 2023
Kimberly Young, Senior Civil Engineer
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Subject: SAN SEVAINE TRAIL, PHASE 1, SEGMENT 2
REQUEST FOR ADDITIONAL SERVICES AND COMPENSATION –
CONSTRUCTION ENGINEERING SUPPORT SERVICES
Dear Ms. Young:
David Evans and Associates (DEA) is submitting a request for additional Construction Engineering Support Services for the City of Fontana San Sevaine Trail, Phase 1, Segment 2. The budget developed during our original proposal based on the original project scope which was to convert the existing maintenance road into the San Sevaine Trail. Since then, the project scope has expanded significantly by adding several large retaining walls in close proximity to the Caltrans bridges for SR -210 and I-15 thereby adding complex construction activities and additional processing and design coordination efforts with Caltrans. We recommend the entire project include construction engineering services and therefore, the originally proposed scope is insufficient to cover the current project scope.
Summarizing our discussions on the Construction Engineering Support Scope with Robert Eisenbeisz, DEA is recommending the following proposal to cover the additional activities for the Construction Engineering Services of this project. The estimated tasks and durations could vary from these initial thoughts and as such, a Time and Materials (T&M) Contract approach is recommended. Note: We have included an estimation of time, for convenience, however, since each RFI and Submittal Review will differ in labor effort, the hours should be used for budget estimation only.
Additionally, this proposed Change Request shall also extend the Project End Date to April 30, 2025, which should cover the potential 14-month construction window plus an additional 60 days for project closeout.
David Evans and Associates, Inc. (DEA) is pleased to submit our proposal to the City of Fontana for Construction Engineering Support Services:
Scope A: Construction Engineering Support Services
DEA will provide general Construction Engineering Support to help assist the City of Fontana Project Management Team to successfully oversee and complete this project. The following scope is for Key Staff to support the Construction Management.
Construction Engineering Support Services Est Hrs Avg Rate Est Total Preconstruction Meeting (Est. 2ppl @ 4hrs) 8 $250 $2,000 Permit Coordination with Caltrans, SBCFCD, and SCE 20 $200 $4,000 Meetings during Construction (Est. 4hr/mon @ 14mon) 56 $250 $14,000 Field Site Visits (as requested by City – Est. 4 visits) 32 $200 $6,400 Project Management (Est. 2hr/mon @ 14 mon) 28 $250 $7,000 EST TOTAL $33,400
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 2 of 10
Scope B: Civil, Landscape, Lighting, and Traffic – Shop Drawing Submittal Review & Bid Support
Shop Drawings and Material Submittals: DEA will coordinate the submittals from the City of Fontana Project Management Team to the appropriate team member for their prompt review and approval, then deliver responses in writing to the City of Fontana Project Management Team. To effectively manage and track submittals required to be reviewed by the DEA engineering team, DEA will utilize our internal submittal tracking system, including submittal register, pending logs, late logs, etc., as appropriate.
Staff Avg Rate Est Hrs Total
Senior Civil Engineer $250 60 $15,000
Senior Landscape Architect $250 20 $5,000
Senior Electrical Engineer $200 20 $4,000
Senior Traffic Engineer $269 20 $5,380
Administrative Assistant $120 36 $4,320
Scope B Total $33,700
Scope C: Civil, Landscape, Lighting, and Traffic – RFI Review & Response
Request for Information: One of the key areas requiring swift response and coordination is the contractor’s “Request for Information” (RFI) documents. This is usually a request for design clarification or supporting documentation to the drawings and/or specifications, and prompt responses will help to expediate the construction effort . RFIs will receive the immediate attention of David Evan’s construction engineering support services team for a timely response.
RFIs will be received by DEA from the City of Fontana Project Management Team, logged into our internal tracking system, then reviewed. Once DEA has determined the appropriate response, the response will be delivered in writing to the City of Fontana Project Management Team. DEA will keep City of Fontana informed of our management of the RFI process, and can provide a copy of the RFI Status Reports, when requested.
Staff Avg Rate Est Hrs Total
Senior Civil Engineer $250 100 $25,000
Senior Landscape Architect $251 40 $10,040
Senior Electrical Engineer $200 40 $8,000
Senior Traffic Engineer $269 40 $10,760
Scope C Total $53,800
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 3 of 10
Scope D: Structural Retaining Wall – Shop Drawing Submittal Review
Structural Shop Drawings and Material Submittals: Similar to Scope B above, DEA will coordinate the submittals from the City of Fontana Project Management Team to the appropriate Structural Engineer for their prompt review and approval, then deliver responses in writing to the City of Fontana Project Management Team. To effectively manage and track submittals required to be reviewed by the DEA engineering team, DEA will utilize our internal submittal tracking system, including submittal register, pending logs, late logs, etc., as appropriate. Below is a summary of the structural related shop drawings that are anticipated.
# Submittal
1 Concrete Mix Design – CIP Facing
2 Concrete Mix Design – Shotcrete
3 Concrete Mix Design – Foundation
4 Concrete Mix Design – Grout in Ground Anchor
5 Concrete Mix Design – Pile Wall Concrete
6 Concrete Mix Design – Pile Shaft Concrete
7 Concrete Mix Design – Lean concrete
8 Concrete Mix Design – LDCC
9 Reinforcement – Shotcrete
10 Reinforcement – Facing
11 Reinforcement – Cages for Piles and Walls
12 Ground Anchor
13 Piles – Shop Drawings
14 CMU Wall – Shop Drawings
15 Fencing & Railing
16 Light Pole Foundations
17 Neoprene & Joint Filler
18 Geotextile Grid
Staff Avg Rate Est Hrs Total
Structural Engineer $200 144 $28,800
Administrative $120 36 $4,320
Scope D Total $33,120
Scope E: Structural Retaining Wall – RFI Review & Response
Structural Request for Information: Similar to Scope C above, RFIs will be received by DEA from the City of Fontana Project Management Team, logged into our internal tracking system, then reviewed by the appropriate Structural Engineer. Once DEA has determined the appropriate response, the response will be delivered in writing to the City of Fontana Project Management Team. DEA will keep City of Fontana informed of our management of the RFI process, and can provide a copy of the RFI Status Reports, when requested.
Staff Avg Rate Est Hrs Total
Structural Engineer $200 300 $60,000
Scope E Total $60,000
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 4 of 10
Scope F: Structural Retaining Wall – Field Services / Inspection
Field Services
DEA recommends the following activities be monitored or observed by qualified personnel :
# Site Visit / Inspection
1 Ground Anchor Testing
2 Shotcrete Reinforcement
3 Facia Reinforcement
4 Facing Reinforcement
5 LDCC Installation
6 CIP Reinforcement Footing
7 CIP Reinforcement Wall
8 CMU Reinforcement
Note: If diaphragm walls are built at different times, additional site visits will be recommended.
Staff Avg Rate Est Hrs Total
Structural Engineer $200 256 $51,200
Travel $4,000
Scope F Total $55,200
Scope G: Additional As-built / Record Drawing
As-builts / Record Drawings
In developing the As-builts / Record Drawings for this project, we estimate minimum 2 hours per sheet.
As-build Record Drawing Effort Est Hrs Rate Total
CADD Designer (2hr / Sheet @ 141 Sheets) 282 $140 $39,480 Scope G Total $39,480
Note: Costs are for plan update drafting effort only based on contractor field markups and do not account for field visits to validate as-built conditions.
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 5 of 10
Scope H: Geotechnical Field Services & Laboratory Testing (Converse Engineering)
Field Services
Converse Engineering recommends the following activities to be monitored or observed by qualified personnel:
# Site Visit / Inspection
1 Observe Installation of drilled shaft and ground anchors 2 Observe Construction of diaphragm wall
3 Observe pull test of ground anchors
4 Observe fill, aggregate base and asphalt concrete placement and take in-place density test
5 Test quality of fresh concrete and make cylinders
Staff Rate Hours Total
Geotechnical Engineer $150 352 $52,800
Field Services Total $52,800
Laboratory Testing
Converse Engineering recommends the following samples to be taken:
Test Type Qty Cost Total
Modified Proctor for optimum moisture and density
(soil sample)
8 $190 $1,520
Modified proctor for optimum moisture and density
(aggregate base sample)
2 $200 $400
Compressive Strength Tests for Concrete Cylinder 40 $45 $1,800 Hveem test of asphalt concrete 3 $220 $660
Laboratory Testing Total $4,380
Office Support
Office Support Qty Rate Total
Office Support 40 $75 $3,000
Project Manager 32 $170 $5,440
Principal Professional 20 $210 $4,200
Density Test Result Report Preparation 1 $2,000 $2,000
Office Support Total $14,640
Assumptions:
In general, our fees are based on the following conditions and assumptions described below. • The hours assigned to each task in the above tables are estimates. It may vary depending on the contractor schedule and sequencing of activities.
• Our services will be performed on a time-and-materials basis in accordance with the unit rates presented in the above table.
• When full-time observation by a Converse representative is not required, the testing services described above will be performed on a test-results-only basis at the request of your authorized representative, who will be responsible for coordinating our services with the construction schedule. No comments regarding compaction procedures or observations will be made for test- results-only services.
• For on-call services, the test locations will be prepared and ready for testing by Converse field personnel upon their arrival at the site.
• Work will be conducted during an 8-hour day at the site. Overtime will be charged at 1.5 times the regular hourly rate.
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 6 of 10
• All requests for field service should be received by this office not less than one working day (24 hours) prior to the time the services are to be performed. • There will be a 2-hour minimum charge in case of work cancellation after our field personnel have been dispatched.
• There may be a 2-hour minimum charge if services are cancelled within 6 hours of the scheduled call out time.
• There will be a 4-hour minimum call out time for inspections lasting less than 4 hours. After 4-hours, time is charged as time on-site.
• The contractor and/or client will be responsible for excavating and backfilling all test locations. • Our field representative will not direct, supervise or lay out the work of the contractor. • Our services will not include a review of the contractor's safety measures on or near the job site. • If any additional inspection or laboratory testing is required, it will be performed in accordance with the attached Schedule of Fees.
• Converse field reports will be provided to your authorized representative in the field daily as the testing is completed. The field reports will summarize test results and time charged per day, and document work performed.
• Meetings and consultations not described above, that are requested by the client, are not included in the cost summary, but will be charged on a time-and-materials basis in accordance with the attached Schedule of Fees.
• Should additional services be required other than those presented herein, we will discuss the matter with you. If requested, we will prepare a detailed proposal and cost estimate for such services. Additional services will not be performed without prior written authorization. • No services will be provided prior to our signature of an agreement with you. No additional work required will be provided without written authorization and a budget amendment from your authorized representative.
Geotechnical Scope Summary
Field Services $52,800
Laboratory Testing $4,380
Office Support $14,640
Scope H Total $71,820
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 7 of 10
Scope I: Construction Survey
DEA is an IUOE Local 12 firm and our field hours
are based per current union agreement and
current CA DIR prevailing wage requirements.
DEA will provide staking based on one (1) set of
stakes, as follows:
1. DEA Pre-Construction Plan Review,
Calculations, Research and
Meetings:
DEA will be reviewing approved plans and
conducting preliminary survey calculations prior
to construction, will benefit the project. DEA will
attend the pre-construction meeting, as well as
subsequent meetings with the client or city as
needed.
2. Project Control:
DEA will establish horizontal and vertical control
points for conventional staking. Any
supplemental control to be set by DEA will be
tied into the existing project control using the
values and locations shown on the approved
plans, and as provided by the city.
3. Demolition/Sawcut/Clearing Limits (approx.
8,000’):
DEA will provide one (1) set of demolition/saw
cut line markings at 50-foot intervals. Grubbing
and Clearing Limits will be flagged at 50-foot
intervals and angle points.
4. Slope Stakes (approx. 4,800’):
DEA will provide one (1) set of stakes at 50ft
intervals in the tangent sections and at 25ft
intervals in the curved portions to support
building the slopes along the project.
5. Grading Stakes:
DEA will provide one (1) set of stakes at 50-foot
intervals. Upon completion of rough grade, one
(1) set of stakes will be set along the alignment
at 50-foot intervals for finish surface.
6. Centerline Profile (approx. 900’):
DEA will provide one (1) set of stakes at 50-foot
intervals for stationing and profile along Victoria
Street.
7. Curb/Gutter (approx. 2,200’):
DEA will provide one (1) set of stakes at 50-foot
intervals for the planned Victoria Street
improvements.
8. Reinforced Curb (approx. 4,790’):
DEA will provide one (1) set of stakes at 25-foot
intervals for the planned curb.
9. Curb (approx. 340’):
DEA will provide one (1) set of stakes at 25-foot
intervals for the planned curb.
10. Sidewalk Staking (approx. 600’):
DEA will provide one set of stakes at 25ft
intervals for those areas where the contractor
has no reference to measure from. DEA
assumes that the contractor will set forms from
the curbs, retaining walls and other constraints
constructed and will not need any staking for
sidewalk forms.
11. Fence Lines (approx. 1,000’):
DEA will provide one (1) set of stakes at 50-foot
intervals on tangent sections and at 25-foot
intervals along curved portions, along with
angle points for fence lines. This only applies to
those areas where the location of the fence
cannot be measured from a built wall or from an
existing feature.
12. Concrete Header (approx. 2,300’):
DEA will provide one (1) set of stakes at 25-foot
or 50-foot intervals (as applicable) for the areas
where concrete headers will be built.
13. Retaining Walls (approx. 3,100’):
DEA will provide one (1) set of stakes at 50ft
intervals in the tangent sections and at 25ft
intervals in the curved portions to support the
various retaining walls along the project.
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 8 of 10
14. Concrete Pad/Paving (approx. 240’):
DEA will provide one (1) set of stakes at 25-foot
or 50-foot intervals (as applicable) for the areas
where concrete headers will be built.
15. Storm Drain/Catch Basin/Junction Structure
Stakes (approx. 8 ea./ 200’ RCP):
DEA will provide one (1) set of stakes for storm
drain (approx. 200 feet) and structures (6).
Stakes will be set at intervisible, BC, EC, grade
and alignment breaks, junctions and inlets and
risers.
16. Drainage Structure:
DEA will provide one (1) set of stakes to
support the culvert, riprap and drainage
structure to be built.
17. ADA Ramp and Driveway Staking (approx. 6
ea.):
DEA will provide one (1) set of stakes to mark
the center ADA ramps and driveway locations.
18. Trail Lights (100 ea.):
DEA will provide one (1) set of stakes to mark
the location of lights planned along the trail.
19. Traffic Signal Poles and Cabinet Pedestals:
DEA will provide one (1) set of stakes to mark
the location of Traffic Signal Poles and the
location of the planned electrical cabinets.
20. Monument Preservation:
There is only one (1) centerline monument in
Victoria Street that will be tied out and reset
after construction. The trail appears to land
inside of county right of way so it does not
appear that any right of way or property corners
will be affected by this project.
21. Restake:
DEA will provide staking for those stakes
previously staked as requested, that were
destroyed or disturbed during construction
activities. Requests for restakes will be
reviewed by the RE and DEA will track these
restakes requests for payment. There is no fee
included in this proposal for restakes.
22. Miscellaneous Survey Staking:
There may be supplemental staking or as-built
surveys that may be requested that would be
outside of this scope of services. For that
reason, we are including a budget of 24 hours
to accommodate this unknown necessity.
Exclusions:
The following is a short list of items that are
excluded in this proposal/fee, and anything not
listed above is assumed to be out of scope and
additional fees will be necessary to complete
the additional level of effort requested:
Topographic Surveys
Quantity Surveys
As-Built Surveys
Landscape/Plant Establishment Phase
Traffic Control
Permits
Agency Fees
The following section will outline the
breakdown for each task to complete. This is
only meant to show fee breakdown and DEA
reserves the right to use the total budget for
this project.
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 9 of 10
Detailed Construction Survey Cost Breakdown
City of Fontana – San Sevaine Trail, Phase 1, Segment 2 Page 10 of 10
Construction Survey Summary
Field Crew $237,703
Office Construction Calculations & Office Support $33,173 Administrative & Survey PM Support $18,227
Travel / Mileage $496
Scope I Total $289,599
Cost Breakdown Summary
In summary, below is the estimated cost breakdown for the Construction Engineering Support Services recommended for this project:
Scope A – Construction Engineering Support Services $33,400 Scope B – Civil, Landscape, Lighting, Traffic – Shop Drawing Submittal Review & Bid Support
$33,700
Scope C – Civil, Landscape, Lighting, and Traffic – RFI Review & Response $53,800 Scope D – Structural Retaining Wall – Shop Drawing Submittal Review $33,120 Scope E – Structural Retaining Wall – RFI Review & Response $60,000 Scope F – Structural Retaining Wall – Field Services / Inspection $55,200 Scope G – Additional As-built / Record Drawing Costs $39,480 Scope H – Geotechnical Field Services & Laboratory Testing (Converse Engineering) $71,820 Scope I – Construction Survey Summary $289,599
Change Request Total $670,119
We appreciate the opportunity to continue assisting the City of Fontana. Should you have any questions, please don’t hesitate to contact me by e-mail at [email protected] or (213) 337-3683.
Sincerely,
DAVID EVANS AND ASSOCIATES, INC
Greg Kim
Project Manager
Cc: Greg Davis, DEA
Marie Marston, DEA
Marga Rosso, DEA
Sean Haeri, DEA
Robert Eisenbeisz, Interwest Group
Approved:
City of Fontana
Signature: __________________________
Name: __________________________
Title: __________________________
Date: __________________________
Job Classification Bill Rate
Project Manager $282.11
Senior Civil Engineer $233.30
Civil Engineer $137.77
Senior Landscape Architect $264.02
Landscape Architect $151.75
Senior Traffic Engineer $275.18
Traffic Engineer $206.38
Electrical Engineer $200.00
CAD Drafter $122.63
Administrative $125.69
Senior Structural Engineer $233.36
Structural Engineer $131.83
Survey Field Crew $355.00
Survey Project Manager $260.00
Survey Office $190.00
Survey Administrative $110.00
* Bill Rates are current as of 11/22/2023
** Survey Rates are based on Survey Rate Sheet