AMENDMENT NO. 1 TO
AGREEMENT FOR PROFESSIONAL SERVICES
Q3 CONSULTING
This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of February 5, 2025, by and between the City of San Bernardino, a charter city and municipal corporation ("City") and Q3 Consulting ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties." A. WHEREAS, the City and Consultant have entered into an agreement dated the Meyers Canyon Drainage striding ad perator co drainal aliens or improvements to Meyers Canyon (the "Master Agreement"); B. WHEREAS the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement, add additional services to the Master Agreement, and increase the not-to-exceed amount of the Master Agreement NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
Term. The term of the Master Agreement shall be extended through February 28, 2026, unless earlier terminated.
3. Additional Services. The Services, as that term is defined in the Master Agreement, shall be amended to include additional services, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. The additional services shall be charged at the rates more particularly described in Exhibit "B ", attached hereto and incorporated herein by this reference.
4. Amendment to Section 4(b) of the Master Agreement. The first sentence of Section 4(b) of the Master Agreement is hereby amended to read as follows:
"In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Three Hundred Fifteen Thousand Three Hundred Nineteen Dollars ($315,319.00).
Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGEJ
SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH Q3 CONSULTING
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: Q3 CONSULTING
Rochelle Clayton Signature
Acting City Manager
ATTESTED BY: Name
Genoveva Rocha, CMC Title
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
Focused Study for Meyers Creek Drainage - COP1
December 9, 2024 Qg Consulting
"Exhibit A"
Additional Scope of Services
December 9, 2024
The Client and Q3 Consulting (Consultant) for mutual consideration hereinafter set forth, and agree as follows:
Task 2.4 - Supplemental Hydrology and Hydraulics
Q3 will prepare hydrologic computations for the supplemental master-planned storm drain alternative within the limits of work. This assumes that the hydrology from Tracts No. 17239 and 20150 are per plans and reports provided by the City. Hydrologic computations will be consistent with the County's Hydrology Manual and will be performed for both the 10- and 100-year events. Q3 will prepare a hydrology map for the supplemental master-planned storm drain alternative.
Q3 will prepare hydraulic computations using WSPG for the supplemental master-planned storm drain alternative. Q3 will size the conceptual collector catch basins channel to capture overland flows determined from the two-dimensional hydraulic model.
Task 4.5 - Supplemental Preliminary Design Report
Q3 will a conceptual 40' scale storm drain plan and profile for the supplemental master-planned storm drain alternative, including for the backbone line and the laterals along W Meyers Rd and W Belmont Ave. The planview will include the location of the rectangular channel inlets with railing.
Q3 will prepare a preliminary engineer's estimate of probable costs based on unit costs provided by the City and the latest construction bids for similar projects to be provided by the County's FCD.
Q3 will update the PDR with the supplemental master-planned storm drain alternative.
Exclusions:
1. All third party fees
2. Any other work task not specifically set forth in the above Scope of Services.
Reimbursables:
Q3 Consulting will bill reproduction services and other related expenses, at cost, during this phase of the project. This includes all reprographics and photocopying for studies and plan preparation, plan review and agency submittals, meetings, mileage, and other expenses.
Scope of Services Page | A-1
Focused Study for Meyers Creek Drainage - COP1
December 9, 2024 Q3 Consulting
"Exhibit B"
Compensation for Additional Scope of Services
December 9, 2024
Consultant agrees to perform the Scope of Services as described in Exhibit "A". Fee and Payment Conditions in the Original Agreement remain as-is for such services as identified in the fee breakdown on the next page, and summarized as follows:
Task 2.4 Supplemental Hydrology and Hydraulics $23,418
Task 4.5 Supplemental Preliminary Design Report $25,130 TOTAL ADDITIONAL SCOPE OF WORK $48,548
Original Agreement Amount $266,771
Adjustment to Agreement Amount due to this Additional Scope of Services $48,548 Current Agreement Amount $315,319
NOTES:
Progress billings will be forwarded to Client on a monthly basis. These billings will include the fees earned for the billing period, plus all direct costs advanced by Consultant. Client shall make every reasonable effort to review invoices within (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect.
Reliance on Documents or Reports Prepared by Others - In performing our services herein, it is anticipated that Q3 Consulting will receive information prepared or compiled by others; therefore, Q3 Consulting makes no claims as to the accuracy and/or completeness of information relied without independent evaluation or verification.
Compensation Page | B-1
cused Study for Meyers Creek Drainage - CO
rember 9,20 3 Consulting
City of San Bernardino - Focused Drainage Study For Meyers Creek Drainage System CO1 - Supplemental Services for Storm Drain Alternative CHANGES ARE IN RED.
December 9, 2024
Labor Hours and Rates Subconsultants
Qs , Consulting Senior
Project Technical Project Design ECORP (CEQA/ NEPA/ TOTAL OTHER DIRECT Project Team Role:
Director Engineer Engineer Permitting) TOTAL FEE
Manager HOURS COSTS (OD's)
Rillable Rate : $245 $214 $180 $142 Hours FAR
Task 1
Baseline Collection and Review 28 8 40 76 $500.00 $13,612.00 Task 2
Focus Area Hydrology & Hydraulics 29 80 76 488 673 $6,000.00 $113,201.00
2.1 Hydrology 1 24 16 96 137 $21,893.00
2.2 Hydraulics 2 24 24 160 210 $32,666.00|
2.3 Sedimentation and Scour 24 16 16 120 176 $6,000.00 $35,224.00
2.4 Supplemental Hydrology and Hydraulics 2 16 20 112 150 $23,418.00 Task 3
Evaluation of Interim Detention Basins 20 56 32 96 204 $36,276.00 Task 4
Preliminary Design Alternatives 22 117 48 364 150 $23,000.00 701 $14,000.00 $127,756.00
4.1 Existing Utility Alignments 16 20 $3,128.00
4.2 Environmental Assessment 150 $23,000.00 154 $23,856.00(
1.3 Concoptual ROW Accosemont 12 21 $11,000.00 $17,101.00
4.4 Preliminary Design Report (PDR) 20 80 224 348 328138.00
4.5 Supplemental PDR 2 24 20 112 158
Task 5
Meetings & Coordination 16 66 40 122 $750.00 $24,474.00 Total Professional Fee 87 347 1028 21,250.0
Compensation Page | B-1
a consulting
December 9, 2024
City of San Bernardino
Public Works Engineering Division
201 North "E" Street
San Bernardino, CA 92401
Attn: Mr. Eddie Mendez
Subject: Focused Study for Meyers Creek Drainage System, San Bernardino, California Change Order Proposal No. 1 for Q3 Project #40.111
Dear Mr. Mendez:
Q3 Consulting (Q3) appreciates the opportunity to provide this change order proposal for additional civil engineering services to support the City of San Bernardino (City) with the completion of the focused drainage study. Q3 received a Notice to Proceed on August 14, 2023 for the project. Q3 has completed the evaluation of the interim detention basins, the two-dimensional rain-on-grid hydraulic analysis, and the sediment transport analysis. The existing scope of work focuses on channel improvement alternatives. However, the results have led to the identification of an additional alternative, which consists of a master-planned storm drain facility along North Little League Drive, Belmont Ave W, and W Meyers Rd. The storm drain alternative could be more cost-economical, may limit sedimentation from Tract No. 17329, and may reduce or eliminate the need for right-of-way take and regulatory permitting.
Detailed below you will find the additional Scope of Services and Compensation, attached as Exhibits "A" and "B." These exhibits define our efforts and the budget amounts for the tasks to be completed. We appreciate the opportunity to submit this proposal and look forward to working with you to provide professional services on this project. Should you have any questions, please do not hesitate to contact me by phone at 949-259-6441 or by email at [email protected].
Respectfully,
Ule
Remi Candaele, PE
Director
Attachments: Exhibit A - Scope of Services
Exhibit B - Compensation
27051 Towne Centre Drive, Suite 270
Foothill Ranch, CA 92610
T: 949-716-7460
www.q3consulting.net Q3CONSULTING.NET