1 FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO
AND
JACOBS ENGINEERING GROUP, INC.
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this November 12, 2024, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and Jacobs Engineering Group, Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated March 8, 2022, (“Agreement”), whereby Consultant agreed to provide those professional services associated with civil engineering design and right-of- way services related to the Riverside Avenue UPRR Bridge Widening Project (City Project #140813).
2.2 A
mendment . City and Consultant desire to amend the Agreement by this First Amendment to include additional tasks for the project , an additional cost proposal, and a schedule of performance, all as set forth in “ Attachment 1”, attached hereto and made a part hereof by this reference, to extend the term of the Agreement , to increase the total amount of compensation for the work under the Agreement , and to agree on a schedule for the additional work to be performed.
3. T ERMS.
3.1 Scope of Work. The following paragraph is hereby added to Section 1.1 of the Agreement:
“Consultant’s scope of work for the additional services included in the First Amendment to th is Agreement is
described on “ Exhibit A ”, attached hereto and incorporated herein by this reference.”
2 3.2 Contract Sum. The following paragraph is hereby added to Section 2.1 of the Agreement:
“Consultant shall be compensated for the additional services included in the First Amendment to this Agreement as set forth in “Exhibit A” which shall not exceed $537,288.00 (Five Hundred Thirty-Seven Thousand Two Hundred Eighty -
Eight Dollars and Zero Cents). The total com pensation under this amended Agreement shall not exceed
$3,156,213.00 (Three Million One Hundred Fifty-Six
Thousand Two Hundred Thir teen Dollars and Zer o
Cents).”
3.3 Time for Performance. The following paragraph is hereby added to Section
3.2 of the Agreement:
“
The additional services included in the First Amendment to this Agreement as set for in “ Exhibit A”, attached hereto and incorporated herein by this reference, shall begin immediately upon the City Council’s approval of the First Amendment.”
3.4 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
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 First Amendment.
3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
3.7 Conflict of Interest. Pursuant to Rialto Municipal Code section 2.48.145, Contractor represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Contractor attests under penalty of perjury, personally and on behalf of Contractor, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
3 3.8 Corporate Authority . The persons executing this First 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 First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
4 IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal JACOBS ENGINEERING GROUP,
INC., a Delaware corporation
corporation
By: By:
G. Michael Milhiser Signature
Interim City Manager
ATTEST: Steven J. Demetriou
Name
By:
Barbara A. McGee, City Clerk Chief Executive Officer
Title
APPROVED AS TO FORM:
By:
Burke, Williams & Sorensen, LLP Signature
By: Justin Johnson
Eric S. Vail, City Attorney Name
Secretary
Title
**Two signatures are required if a
corporation**
5 ATTACHMENT 1
“Exhibit A”
Riverside Ave UPRR Bridge Widening - Change Order #1 Fee Backup JACOBS Fee 6/26/2024
UPRR Cost Estimating
TASK
No. TASK DESCRIPTION Est. Task Fee Project Manager Project Engineer Roadway
Engineer
Senior Project
Manager
Drainage
Engineer
Drainage Staff
Engineer
Senior Utility
Engineer CAD Tech
Senior Railroad
Engineer Railroad Engineer
Senior Geotechnical
Engineer
Project Geotechnical
Engineer Bridge Engineer Bridge QC CAD Tech Strategic Advisor Project Funding
Lead
Project Funding
Support Economist
Project Funding
Support Graphic Design UPRR Contact Cost Estimating
Env Lead REA
Preparer Planner Planner GIS Word processing Technical Editing Senior Review
Cultural Archologist
Junior
Archaeologist Air Specialist Air Specialist Biologist
Water Quality
Specialist Traffic Engineer Traffic Engineer Traffic Engineer Hazardous Waste
Specialist
Hazardous Waste
Specialist
Hazardous Waste
Specialist Expenses/ Travel
0% Markup on
Exp
Total
Hours
Total Labor
Cost
JACOBS
Subtotal
SUB1
(FPL)
SUB 2
(Coast
Survey)
SUB3
(EPIC Land)
SUB 4
(Greenway)
Sub 5
RailPros
(Flaggers)
Sub 6
Gregg Drilling
(Boring
Samples)
Potholing
(C-Below) Permits
Total
Subconsultants
5%
Markup
on Subs
Labor
Only
Subtotal
Task Price
Keyvan Pirbazari Richard Yu Alon Gary Robert
Henderson Sharon Choi Josue Candelario Matt Reifer Rick Munoz (SDO) Nora McIntyre Alon Gary Sreekar Pulijala Zackary Jarecki Bill Deng Mohammad Golji Paulo Zucchi Luke McNeel- Caird Charu Kukreja Brian Peck Chris Wilhelm Peter Schleisman Christine Fulton Ryan Gottsch Rick Hults Jason Walsh Elizabeth Griffin Kristen Garrison Andy Priest Clarice Ericcson Kris Toth Natalie Lawson Aaron Fergusson Sungmin Choi Joza Burnam Joe D'onofrio Melissa Williams Sharon Choi Loren Bloomberg Raizalyn Chau Sona Sehat Kevin Grant Dave Golles Hall Lauer Design Rates - 2024 $0 $286 $181 $87 $268 $205 $132 $223 $148 $198 $87 $178 $149 $211 $206 $151 $236 $205 $114 $131 $77 $85 $246 $205 $213 $121 $121 $168 $106 $116 $143 $184 $85 $147 $182 $153 $205 $321 $189 $124 $112 $170 $71 Task 1 - Project Administration
1.1 Right-turn Lane addition requested by the city. 12 32 4 4 $0 52 $10,937 $10,937 $0 $0 10,937$
1.2 Rough Order of Magnitude of Right-Turn Cost Estimate 29 87 4 16 $0 136 $28,115 $28,115 $0 $0 28,115$
1.3 Adminstration over other tasks 32 64 40 4 $0 140 $27,450 $27,450 $0 $0 27,450$ Task 1 - Project Administration 66,502$
Task 2 - Survey (Coast)
2.1 Site survey with flagger 2 $0 2 $362 $362 $0 $0 $362
2.2/2.3/2.4 $0 - $0 $0 $41,500 $41,500 $0 $41,500
$0 - $0 $0 $0 $0 -$
Task 2 - Survey (Coast) 41,862$
Task 3 - Geotechnical Geot 65%
3.1 Permitting for site access and coordination 2 6 $0 8 $1,250 $1,250 $0 $0 1,250$
3.2 Site drilling and coordination 1 2 2 6 $0 11 $1,898 $1,898 $0 $0 1,898$ Task 3 - Geotechnical 3,148$
Task 4 - Traffic Signal/Electrical/Signing/Striping (FPL) Roadway 65%
4.1 Signal, sign and striping , and lighting for the right-turn lane 2 4 $0 6 $1,296 $1,296 $9,300 $9,300 $0 10,596$
4.2 Investigation and coordintation with city and SCE on street lighting 2 4 $0 6 $1,296 $1,296 $9,600 $9,600 $0 10,896$ $0 - $0 $0 $0 $0 -$
Task 4 - Traffic Signal/Electrical/Signing/Striping (FPL) 21,492$ Task 5 - Right-of-Way (EPIC) Roadway 65%
5.1 ROW and easement search and validation 4 8 $0 12 $2,592 $2,592 $0 $0 2,592$ $0 - $0 $0 $0 $0 -$
$0 - $0 $0 $0 $0 -$
Task 5 - Right-of-Way (EPIC) 2,592$
Task 6 - 65% PS&E Submittal
1.1 Right-turn Lane addition requested by the city. 6 60 8 8 $0 82 $16,000 $16,000 $0 $0 16,000$
1.2 Rough Order of Magnitude of Right-Turn Cost Estimate 4 36 $0 40 $7,660 $7,660 $0 $0 7,660$ $0 - $0 $0 $0 $0 -$
Task 6 - 65% PS&E Submittal 23,661$
Task 7- 95% PS&E Submittal
1.1 Right-turn Lane addition requested by the city. 4 18 40 24 $0 86 $12,946 $12,946 $0 $0 12,946$ Task 7 - 95% PS&E Submittal 12,946$
Task 8 - 100% PS&E Submittal
1.1 Right-turn Lane addition requested by the city. 10 46 16 $0 72 $14,436 $14,436 $0 $0 14,436$ Task 8 - 100% PS&E Submittal 14,436$
Task 9 - Public Outreach (Greenway)
Task 9 - Public Outreach (Greenway) -$
Task 10 - TCEP Grant Application Funding
10.1 Support with Caltrans and CTC RFIs 4 4 20 16 $0 44 $8,012 $8,012 $0 $0 8,012$
10.2 On-going funding strategy support 4 8 20 8 8 $0 48 $8,660 $8,660 $0 $0 8,660$
10.3 TCEP Grant Application Preparation $0 - $0 $0 $0 $0 -$
10.3.1 Project Coordination 4 4 36 591 $0 44 $9,468 $10,059 $0 $0 10,059$
10.3.2 Prepare and Produce Application 4 24 50 $0 78 $7,406 $7,406 $0 $0 7,406$
10.3.3 Prepare Benefit-Cost Analysis 4 4 60 20 $0 88 $10,676 $10,676 $0 $0 10,676$
10.4.4 Document Design and Production 4 4 20 24 $0 52 $4,856 $4,856 $0 $0 4,856$ TASK 10 - TCEP Grant Application 49,670$
Task 11 - Traffic Management Plan (TMP) - As Needed
TMP - As Needed 4 16 $25,000 $0 20 $4,040 $29,040 $0 $0 29,040$ TASK 11 - Traffic Management Plan (TMP) - As needed 29,040$ Task 12 - CE/CE Revalidation
12.1 Revalidation - Project Coordination/Meetings 40 $0 40 $8,520 $8,520 $0 $0 8,520$
12.2 Revalidation - Prepare Revalidation/Caltrans Coordination 40 40 $0 80 $13,360 $13,360 $0 $0 13,360$
12.3 Air Quality Report Revalidation 4 8 2 10 128 32 $0 184 $28,208 $28,208 $0 $0 28,208$
12.4 Traffic Analysis Report Revalidation 4 2 8 30 60 120 $0 224 $37,842 $37,842 $0 $0 37,842$
12.5 Water Quality Assessment Report Revalidation 4 4 2 4 40 $0 54 $10,400 $10,400 $0 $0 10,400$
12.6 Community Impact Assessment Revalidation 4 40 8 2 4 $0 58 $7,712 $7,712 $0 $0 7,712$
12.7 NES-MI Addendum 4 8 2 4 30 $0 48 $7,462 $7,462 $0 $0 7,462$
12.8 Phase I 4 8 2 4 10 46 18 $0 92 $13,090 $13,090 $0 $0 13,090$
12.9 Supplemental HPSR/FNAE 4 22 2 14 8 28 82 $0 160 $19,650 $19,650 $0 $0 19,650$ TASK 12 - CE/CE Revalidation 146,244$
Other Direct Cost (ODC)
Flagger (RailPros) $15,594 $15,594 15,594$
Core Drilling (Gregg Drilling) $63,945 $63,945 63,945$
Potholing C-Below $10,195 $10,195 10,195$
UPRR Permits $65,000 $65,000 65,000$
Other Direct Costs - ODC 154,734$
TOTAL HOURS 6 112 343 40 - 12 - 58 56 8 - 4 12 24 - - 16 88 56 60 98 24 - 16 108 40 40 58 14 48 8 28 82 128 32 30 40 30 60 120 10 46 18 - 25,591 - TOTAL COST $0.00 $32,039.84 $62,083.00 $3,480.00 $0.00 $2,460.00 $0.00 $12,934.00 $8,288.00 $1,584.00 $0.00 $712.00 $1,788.00 $5,064.00 $0.00 $0.00 $3,776.00 $18,040.00 $6,384.00 $7,860.00 $7,546.00 $2,040.00 $0.00 $3,280.00 $23,004.00 $4,840.00 $4,840.00 $9,744.00 $1,484.00 $5,568.00 $1,144.00 $5,152.00 $6,970.00 $18,816.00 $5,824.00 $4,590.00 $8,200.00 $9,630.00 $11,340.00 $14,880.00 $1,120.00 $7,820.00 $1,278.00 $0.00 $0.00 $0.00 1,947 321,563 322,154 18,900 41,500 - - 15,594 63,945 215,134 - 537,288$ Number in this color are not being
counted as task total. (Place holder
for future)
EnviromentalFundingRoadway/Project Management SturcutralRailroadUtilitiesDrainage GeoTech 1 of 1