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04-0921_CAMP DRESSER & MCKEE INC._Personal Services Agreement Amd No. 4AMENDMENT NO.4 TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into thisay of 2004 by and between the City of San Juan Capistrano (hereinafter referred td as the "City") and Camp Dresser and McKee Inc., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City and Consultant have entered into a Personal Services Agreement dated April 2, 2002, for services for the Terminal Reservoir No. 2, Replacement Project (CIP No. 753); and, WHEREAS, City and Consultant have agreed to Amendment No. 1 to the Personal Service Agreement dated September 3, 2002, for additional monitoring and environmental services; and, WHEREAS, City and Consultant have agreed to Amendment No. 2 to the Personal Service Agreement dated November 5, 2002, for additional geotechnical site investigation services; and, WHEREAS, City and Consultant have agreed to Amendment No. 3 to the Personal Services Agreement dated July 15, 2003, for additional land surveying, geotechnical site investigation, environmental, hazardous materials survey, and additional design services; and, WHEREAS, City and Consultant agree that additional services outlined in the cost proposal as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. City and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work to be performed by Consultant shall consist of additional design services as set forth in Exhibit "A". 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 Two Hundred Nine Thousand Nine Hundred Eighty -Seven Dollars, ($209,987) for a revised total contract price of $993,374.40 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Aareement Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Entire Agreement This entire Agreement between 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. ATTEST: R. Monahan, D AS TO FORM: �� 4'�� John R SMaw, City Attorney CITY (OF SAN JOE SOTO, CAMP DRESSER & MCKEE, INC. By:,� `a 1925 Palomar Oaks Way, Suite 300 Carlsbad, California 92008 tel: 760 438-7755 fax: 750438-7411 September 10, 2004 Mr. Peter Salgado City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Terminal Reservoir No. 3, Proposal for Construction Services Dear Peter: Camp Dresser & McKee Inc. (CDM) is pleased to offer this proposal for providing construction support services plus the preparation of the Erosion Control Plan, the additional Mitigation Plan, and additional design services due to the 100% review comments, to the City of San Juan Capistrano (City) for the construction of the Terminal Reservoir No. 3. The proposal for construction services is based on the content of the 90% submittal, which portrays a project significantly different than originally envisioned. Our detailed fee estimate for construction services is attached and is based on an eighteen -month construction schedule and certain assumptions and limitations related to the support services as presented below. Our detailed estimate for the other work items is also provided, and is found at the end of the construction services estimate. The total estimated cost of the services as discussed herein, including Construction Support, Erosion Control/BMPs, the additional Mitigation Plan, and the additional design services totals $209,987. We propose to provide Task 12 services on a time and material basis, and Tasks 13 through 20 on a lump sum basis. Services provided on a time and material reimbursement shall be reimbursed based on the rates shown in the attached fee estimate. Reimbursement for other direct expenses, which include reproduction, facsimiles, overnight deliveries, and Mylar drawings, will be at cost. Services provided by sub -consultants will be reimbursed at cost plus 10%. There will be no reimbursement for travel and per diem expenses incurred in the performance of the work Task 12 Construction Support Services Task 12.1 Review submittals/shop drawings Provide not more than two reviews of each submittal and shop drawing. Review of submittals from 60 specification sections or not more than 90 submittals are provided. If more than two reviews for any single submittal/shop drawing is required, then a separate 6Xj41 PIT•' "A" consulting • engineering - construction • operations Peter Salgado September 10, 2004 Page 2 accounting will be made for the additional reviews and will be invoiced as a separate cost to the City. Total cost = $37,829. Task 12.2 Respond to Contractor Requests for Information (RFI) Review and respond to not more than 25 RFls submitted by the Contractor. This work is limited to providing clarifications and interpretations, and does not include detailed reviews of substitutions or alternates submitted by the Contractor. If more than 25 RFIs are submitted for review, then a separate accounting will be made for the additional reviews and will be invoiced as a separate cost to the City. Total cost = $15,262. Task 12.3 Attend Project Meetings/Visit Project Site This task provides for attendance at project construction meetings and site visits as requested by the City. Not more than 10 meetings/site visits will be provided by the Project Manager and/or Project Engineer; 4 meetings/site visits by the Structural Engineer; 3 meetings/site visits by the Electrical Engineer; 10 total days of site visits/inspections by the Geotechnical Engineer (2 site visits by the Senior Geotechnical Engineer), 3 meetings/site visits by the Project Geologist and 1 site visit by Tetra Tech for the Chloramination building and facilities. Total cost = $37,090. Task 12.4 Attend Pre -construction Meeting This task includes attendance at the projects pre -construction meeting by the Project Manager and Project Engineer only. Total cost = $1,950. Task 12.5 Prepare Addenda This task provides for the preparation of not more than 2 addenda during the bidding phase, and does not include detailed designs for alternates or substitutions. Total cost = $8,938. Task 12.6 Pre -Final Inspection This task includes one site visit by the Project Manager, the Project Engineer, the Electrical Engineer, and by Tetra Tech for the purpose of observing completed work. Observations will be provided to the City in the form of a written Memorandum containing observed deficiencies and/or omissions. Total cost = $4,700. Task 12.7 Project Management This task provides for project management and administrative support through the bidding and construction phase. Services will be provided for a total continuous duration not exceeding 21 months. Total cost = $9,450. Ll� Peter Salgado September 10, 2004 Page 3 Task 12.8 Additional Engineering Services This task provides an allowance for unforeseen efforts, efforts expended on various items that exceed the limits and assumptions set forth herein, or for additional services not specifically called for in this proposal. The work and reimbursement associated with this task would only be performed and reimbursed following receipt of written authorization from the City. Total allowance = $42,000. The total estimated cost for the construction services, including the allowance for additional engineering services, is $157,219. This proposal for construction services does not include certain other tasks and support activities as presented below: ■ Review of Change Orders ■ Attendance at Pre-bid Meeting ■ Support during the bidding phase ■ Preparation of record/as-built drawings ■ Assistance during project start-up However, the services specifically not included above and other additional services identified by the City may be provided upon receipt of written direction from the City, with reimbursement provided by the contingency allowance. Task 13 Erosion Control/BMPs This task includes the preparation of Erosion and Sediment Control Drawings, including BMPs for the construction activities. Total Cost = $6,810. Task 14 Additional Mitigation Plan This task provides for the preparation of a second mitigation plan, due to the revised design of the mitigation site. Total Cost = $3,300. Task 15 Additional Design Efforts This task provides payment for additional design efforts due to review comments from the 100% Design Review. Peter Salgado September 10, 2004 Page 4 Task 15.1 Altitude Valve Vault This work provides for changing the roof at the altitude valve vault from grating to a solid concrete roof. The proposed roof would have a removable panel or hatch opening to allow removal of valves. In addition, lighting and a circulation fan and vents will be added. This work includes coordination, design, drafting, specifications, and construction cost estimating. The cost of this change is $4,680. Task 15.2 TR 3 Connection and TR 2 Drain This change includes a new tee outlet on the existing steel waterline, and adding the drain serving Terminal Reservoir No. 2. This work includes coordination, design, drafting, and construction cost estimating. The cost of this change is $3,135. Task 16 Off -Site Mitigation This task provides for additional work to locate an off-site mitigation area, evaluate site and prepare conceptual enhancement plan for selected site, agency coordination, and prepare final off-site Enhancement Plan. The cost of this additional work is $10,243. Task 17 Stockpile Plan The original concept included the removal of excavated material off site, and then returning the material to the site for backfilling and finish grading. A stockpile plan has been added to allow the contractor to store excavated materials adjacent to the work area. The cost for adding the stockpile plan is $2,400. Task 18 Revised Wetlands Mitigation/Restoration Plan Design The need for revising the wetlands mitigation plan surfaced as part of the 90% review. The request was'made to add a second wetlands mitigation area, which would reduce costs, by reducing excavation at the previously designed wetlands area. The cost for revising the wetlands plan is $5,050. Task 19 Pipeline Cathodic Protection The City chose to extend the existing pipeline cathodic protection system to the new pipelines at the 90% submittal, and thus was not included as part of the original scope. Now, a cathodic protection plan was been added. The cost for adding cathodic protection is $1,150. L so Peter Salgado September 10, 2004 Page 5 Task 20 Additional Slope Stabilization Design The original concept for slope stabilization included grade beams with tie -backs. Our geotechnical experts were confident that the originally proposed design would readily accomplish the required duty. However, the City's geotechnical reviewer would not approve the original design since he preferred a more conservative design approach. The more conservative design criteria would have also increased the cost of construction. CDM worked proactively with the City's geotechnical reviewer to develop a third approach that was acceptable to the reviewer, and also provided a cost impact much lower than the impact that would have occurred if the more conservative design criteria were applied to the originally proposed design. The slope stabilization re -design was 124 hours, or $16,000. We look forward to discussing any question you may have regarding the proposed level of effort Very truly yours, ewa6-- Wain Cooper, P.E. William G. Hunter, P.E. Project Manager Vice President Camp Dresser & McKee Inc. Camp Dresser & McKee Inc. 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