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09-1020_APA ENGINEERING, INC._Amd No. 1 to Personal Services Agreement 0 0 AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this rday of , 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and APA Engineering, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City and Consultant have entered into a Personal Services Agreement dated September 5, 2006 that has totaled $155,377 to prepare Plans and Specifications for Junipero Serra Road and Rancho Viejo Road Intersection Improvements; and WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in the Additional Work section incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section I. Additional Work The additional scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement,the provisions in this Agreement shall control. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Additional Compensation City hereby agrees to pay the additional sum of Thirty Six Thousand Eight Hundred Eighty Dollars and no cents ($36,880) for a revised total contract price of$192,257 to Consultant for those services performed as set forth in the Additional Work section. These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement Except as to sections 1, 2, and 4 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Contract Term This Agreement will extend the contract completion date to June 30, 2010. 0 0 Section 5. Entire Agreement This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Ae� A� &-; oe Tait, Interim City Manager CONS 7 By: Ali Pakzad, Preside APA Engineering, Inc. i ATT .S It o i k FQvze i S Attxn N APPROVED AS TO FORM: / stn Omar Sandoval, City Attorney EXHIBIT "A" .A APA ENGINEERING. INC. October 1, 2009 Mr. Khoon Tan Civil Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Additional Work—Junipero Serra Intersection Improvements Dear Mr. Tan, Per our previous discussion we are submitting a request for contract amendment for additional work as described and listed below: 1. Design revision to relocate the southerly driveway for the south Park and Ride facility to form a right angle intersection with Malaspina Road to improve traffic circulation and traffic operation, and improve safety and minimize liability at the intersection of Malaspina Road and Rancho Viejo Road. This revision impacts 8 drawings including the landscape and irrigation. The fee for this task is $4,800 2. Incorporation of a bio-swale system and a modular wetlands unit into the landscaping and drainage design to meet Water Quality requirements. The modular wetlands unit was redesigned by the supplier and the WQMP also incorporated Filterra units and this required revisions to the WQMP and revisions to the plans. The fee for this task is$3,700 3. Prepare field notes, legal descriptions and exhibits to support the transfer of a portion of private property to the City that is needed for the Southern Park and Ride Facility driveway realignment. The fee for this task is $3,400 4. Prepare two (2)field notes describing access, and easements into the southern Park and Ride facility as requested by Caltrans. The fee for this task is$3,100 5. Perform Microstation electronic file conversion for submittal to Caltrans for the two exhibits and notes for parcels which are required for access to the southern Caltrans Park and Ride facility. The fee for this task is $1,500 6. Prepare additional colored exhibits for the project for inclusion in the freeway and landscape maintenance agreements with Caltrans. The fee for this task is$1,700 7. Design revisions to eliminate access to the southern Park and Ride facility at Malaspina Road and incorporate an alternate drive apron on the west side of Rancho Viejo Road between Malaspina Road and Junipero Serra Road as an alternative to land acquisition from Endefco. The design changes requested impact the following drawings: roadway, landscaping and Irrigation, lighting, water quality/bio Swale, and striping. The design changes impact a total of nine sheets, one exhibit, and the project quantities. The fee for this task is$13,700 23282 Mill Creek Drive,Suite 160.Laguna Hills,CA 92653.Tel:(949)770-4429.Fax:(949)770-9468,www:apaeng.wrn