09-1020_APA ENGINEERING, INC._D8_Agenda Report 10/20/2009
AGENDA REPORT D8
TO: Joe Tait, Interim City Manageokl�
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Approval of Amendment No. 1 to the Personal Services
Agreement and Increase of Project Design Budget for Preparation of
Plans and Specifications for Junipero Serra Road and Rancho Viejo Road
Intersection Improvements (APA Engineering, Inc.) (CIP No. 07116)
RECOMMENDATION
By Motion:
1. Approve Amendment No. 1 to the Personal Services Agreement with APA
Engineering; and,
2. Authorize the City Manager to sign the amendment; and,
3. Extend the term of the agreement and approve increased project design budget
in the amount of $38,380.
SITUATION
A. Summary and Recommendation
Design plans for the Junipero Serra Road and Rancho Viejo Road Intersection
Improvement Project is being prepared by APA Engineering. APA Engineering has
contacted the City and requested an increase in the design budget to complete the
plans and specifications due to design changes.
Staff has reviewed the request, re-negotiated the requested change order amounts, and
is recommending the approval of the Amendment of Personal Services Agreement with
APA Engineering for this work in the amount of$38,380.
B. Background
On September 16, 2003, City Council adopted the Traffic Congestion Relief Capital
Improvement Program from the Traffic Congestion Relief Ad-Hoc Committee. The
Traffic Congestion Relief Program (TCRP) identifies a wide range of circulation
improvements throughout the City. Three separate widening at the Junipero Serra Road
Agenda Report October 20, 2009
Page 2
and Rancho Viejo Road intersection have been combined into one intersection
improvement project which includes Rancho Viejo Road northbound dual left turn lanes
at Junipero Serra Road, Junipero Serra Road eastbound right turn lane (1-5 northbound
ramps to Rancho Viejo Road), and Junipero Serra Road westbound right turn lane
(Rancho Viejo Road to 1-5 northbound ramps).
On May 2, 2006, the Council approved the concept plan for the Junipero Serra Road
and Rancho Viejo Road Intersection Improvements. Requests for Proposals were
mailed to Psomas, Hall & Foreman, APA Engineering, and Austin-Foust. On
September 5, 2006, the Council approved a Personal Services Agreement with APA
Engineering for the preparation of plans and specifications for the Junipero Serra Road
and Rancho Viejo Road Intersection Improvements in the amount of $132,480. On
August 21, 2007, the Council approved the preliminary project design plans and the
increase in FY 2007-2008 project budget by $23,000 from the Capistrano Circulation
Fee Program (CCFP) to cover $22,897 of additional preliminary design costs for a total
of$155,377.
During the course of final design, APA Engineering contacted the City and requested an
increase in the design budget to complete the plans and specifications. A negotiated
cost proposal was prepared by APA Engineering to provide for the additional services in
the amount of$38,380 (Attachment 2).
Based on City Council direction, staff is to bring project change orders to the City
Council as soon as they learn about them. This request for the change order is
processed in the short order.
There are two main reasons for the additional services by the consultant:
1. Land dedication from Endevco to the City — the dedication of land from Endevco
to the City took several months and it was uncertain at times. The consultant had
to work on two scenarios, with or without the new land, as the property impacted
the park and ride facility entrance. Additional work had to be performed to
determine access implications.
2. Right-of-way issues with CalTrans — The initial approach to construct the
improvements was to acquire right of way from CalTrans. However, through
meetings with CalTrans, it was decided that only a maintenance agreement is
necessary and no land swap would be required (with savings of approximately
$760,000 to the City). Additional exhibits had to be prepared for the Agreement.
Staff expects that the project permits will be granted to the City in January 2010 and the
project will be advertised to receive bids thereafter.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
Agenda Report • • October 20, 2009
Page 3
FINANCIAL CONSIDERATIONS
Funding for design and construction is provided in account No. 50-00000-XXXXX-
07116-000 totals approximately $2,105,836 consisting of Growth Management Area
(GMA) funds of $277,000, Measure "M" funds of $4,836, Community Redevelopment
Agency (CRA) funds of $1,100,000, Proposition 1B funds of $250,000, and Capistrano
Circulation Fee Program (CCFP) funds of$474,000. The current engineer's estimate for
construction cost is approximately $1,450,000.
The overall project budget currently stands at approximately $2,084,973.65 and is
sufficient to cover the increase in design cost of $38,380.
NOTIFICATION
Ali Pakzad, P.E. (APA Engineering, Inc.)
RECOMMENDATION
By Motion:
1. Approve Amendment No. 1 to the Personal Services Agreement with APA
Engineering; and,
2. Authorize the City Manager to sign the amendment; and,
3. Extend the term of the agreement and approve increased project design budget
in the amount of $38,380.
Respectfully submitted: Prepared y:
Nasser Abbaszadeh, P.E. Khoon Tan, P.E.
Public Works Director Associate Engineer
Attachment 1. Location Map
2. Amendment to Personal Services Agreement
THE CITY OF
SAN JUAN CAPISTRANO
11
JUNIPEROSERRA/
RANCHO VIEJO ROAD
a INTERSECTION IMPROVEMENTS
CIP No. 07116
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ATTACHMENT
AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day 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 1. 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 Eight Thousand Three Hundred
Eighty Dollars and no cents ($38,380) for a revised total contract price of $193,757 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 Aereement
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.
ATTACHMENT 2
Section 5. Entire Aereement
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:
Joe Tait, Interim City Manager
CONSULTANT
By:
Ali Pakzad, President
APA Engineering, Inc.
ATTEST:
1!Iar'_a Morris , ACting City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
EXHIBIT "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 d rive 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.com
APA ENGINEERING INC.
B. Submittals to Caltrans, each submittal is printed and folded to Caltrans requirements which
is 15 sets folded in butterfly format (24 sheets x 6 sgft x $1/sgft x 15 sets X 3 submittals
=$6480). The fee for this task is $6,480
We would kindly request that you review the above additional work requested by the City
and provide APA Engineering with a Contract Addendum in the amount of$38,380 to cover
our cost to date and anticipated cost to complete so that we can move forward and finalizing the
project to meet your construction schedule.
Please call or reply to this e-mail, should you have any questions or need additional information.
As always, we appreciate the opportunity to provide our services to the City of San Juan
Capistrano.
Sincerely,
APA ENGINEERING, INC.
Ali Pakzad, P.E.
President-Project Director
23282 Mill Creek Drive,Suite 160.Laguna Hills,CA 92653.Tel:(949)770-4429.Fax:(949)770-9468,www:apaeng.com