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03-0715_CAMP DRESSER & MCKEE INC._Personal Services Agreement Amd No. 3AMENDMENT NO. 3 TO PERSONAL SERVICES AGREEMENT d'_ THIS AMENDMENT is made and entered into this day of 2003 by and between the City of San Juan Capistrano (hereinafter referred to 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 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. NOW, THEREFORE BE IT RESOLVED, 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 land surveying, geotechnical site investigation, environmental, hazardous materials survey, and 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 fifty thousand six hundred seventy-seven dollars ($250,677.00) for a revised total contract price of $783,387.40 to Consultant for those services performed as set forth in Exhibit "A". ATTACHMENT 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 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with respect to those extra services described herein, and any other understandings, oral or in writing, are hereby superseded.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: M r ret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sha , City Attorney Cl- am I" am 2 LGE NJ 1925 Palomar Oaks Way, Suite 300 Carlsbad, California 92008 tel: 760 438-7755 fax: 760438-7471 June 18, 2003 Mr. Peter Salgado City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Terminal Reservoir Number 2 Replacement Contract Amendment No. 3, Additional Environmental Permitting, Aerial and Hazardous Materials Survey, Geotechnical Services, and Additional Work Items CDM Project No. 20515-35977 Dear Mr. Salgado: As you are aware, CDM is providing professional services to the City of San Juan Capistrano (City) under the Personal Services Agreement dated April 2, 2002 between the Capistrano Valley Water District and Camp Dresser & McKee, Inc. (CDM) for the Terminal Reservoir No. 2 (TR#1) Replacement Project. This letter outlines the additional services requested by the City at project meetings dating back to January 10, 2003. 1. Environmental Permitting CDM has prepared a scope of services and cost estimate to prepare applications for the environmental permits. Task 4 of our contract includes work to perform a field visit to determine the existence of sensitive habitats and to prepare a report on the findings. The scope was amended to include assistance with obtaining a 4(d) permit for the removal of coastal sage scrub. The proposed scope of work includes the work to prepare applications for a Section 404 Permit, Section 401 Water Quality Certification, and a Section 1603 Streambed Alteration Agreement. All three permits will be required to construct the new Terminal Reservoir No. 3 at the site of the Terminal Reservoir No. 1. Our effort does not include any permits required for constructing a new reclaimed water reservoir or rehabilitating the existing Terminal No. 2 Reservoir. Attached, please see Amendment 3, Table 1 for the proposed costs for the environmental permitting tasks outlined below. EXHIBIT "A" consulting • engineering - construction - operations Mr. Peter Salgado June 18, 2003 Page 2 1.1 A3, Task El - Project Management and Communication Project management activities include scheduling, subcontractor coordination, financial management, and general project management, communications and coordination needed to complete the additional environmental permit process. It is anticipated that these additional environmental services will take approximately three months to complete. 1.2 A3, Task E2 Jurisdictional Wetland Determination Perform a jurisdictional determination of wetlands to establish exact boundaries and aerial extent. This determination would be required by the agencies as a precursor to the permitting process, and it will provide an accurate basis for making decisions regarding mitigation. 1.3 A3, Task E3 Mitigation Plan and Construction Contract Documents With the development and compilation of potential mitigation measures, subsequent additional construction drawings and specifications may be required. This task includes implementing mitigation requirements into the proposed construction contract documents. The amounts shown in the attached matrix represent an anticipated level of effort. Only actual time used during this work will be invoiced. CDM will negotiate the amount with the City after the mitigation effort is identified. 1.4 A3, Task E4 — Clean Water Act, Section 404 Permit for Deposition of Dredged or Fill Material Under Section 404, nationwide permits are authorized only when specific conditions exist. These conditions may only be combined in certain ways to permit the project activities. This task includes working with the City and the Army Corps of Engineers to ensure that the most efficient permitting avenue is taken for this work. The general time frame to complete the pre -construction notification (PCN) package for these nationwide permits would be approximately two weeks. Review and approval by the ACOE generally takes an additional 45 days. There is no agency fee for the nationwide permit pre- discharge notification. 1.5 A3, Task E5 — Clean Water Act, Section 401 Water Quality Certification A 401 water quality certification or waiver will be required in order to take advantage of the nationwide permit process. At present, most of the Section 401s are issued by time-lapse waiver. However, recently the Board has taken greater interest in this program and there is some risk that conditions may be imposed under Section 401. These can be negotiated with the Board if necessary. At present, there is no time or costs provided for this additional negotiation since these have been irregular and uncommon, and as a result, such need is not Mr. Peter Salgado June 18, 2003 Page 3 anticipated. Furthermore, the Board has increased its required submittal documentation, and coordinating this information takes a considerable amount of time. The general time frame to obtain this authorization would be approximately two weeks (however, if the required documentation is not available, this will result in delay) plus 60 calendar days. The application for certification must include an initial deposit of $500.00 (fee not included in this cost estimate). An additional application fee may be required depending upon project specifics; however, it is not expected to exceed $1,000.00. 1.6 A3, Task E6 — California Fish and Game Code, Section 1603, Streambed Alteration Agreement A streambed alteration agreement with the California Department of Fish and Game (CDFG) will be required. The development and completion of this agreement will consist of coordination with the CDFG on basic conditions prior to issuance of the CDFG's draft agreement. Upon issuance, this task includes assisting the City and CDFG to finalize an agreement. Submittal materials must include a CEQA document covering the project, in this case, probably a Mitigated Negative Declaration issued by the City of San Juan Capistrano. An additional requirement of CDFG would be a firm project description and site plan which would show the actual area to be impacted by the project. The general time frame to complete the application would be approximately two months following identification of suitable mitigation and completion of mitigation plan. Mitigation could take place on adjacent or nearby City owned land, or possibly at the southern end of the site (expanded boundary) in the form of enhancement of the existing Southern Willow Scrub (if this area is not impacted by grading). The estimated agreement notification fee payable to the Department is $1390.50 (fee not included in this cost estimate). 1.7 A3, Task E7— USFWS 4(d) Permit Amendment Amend the existing Section 4(d) permit to include potential impacts to sage scrub (and disturbed sage scrub) outside the City's property line. This includes analysis of the limits of impact to resources, particularly, the California Gnatcatcher, due to noise or other disturbance. These limits would include potential impacts up to 500 ft from the construction footprint. Upon finalization of a grading plan, the site will be revisited to analyze the impacts of on-site and off-site construction, particularly in the areas that include impact to adjacent sage scrub vegetation. Following the finalization of the grading plan, the estimated time for preparing a 4(d) amendment and analyzing additional impacts is anticipated to be four weeks. Review by the USFWS is estimated to be an additional 30 days. Mr. Peter Salgado June 18, 2003 Page 4 1.8 A3, Task E8 - Quality Assurance/Quality Control Provide Quality Assurance and Quality Control per CDM standard Quality Management Process protocols. Please note that CDM/Merkel & Associates have proceeded with these tasks at the request of the City as identified in the Notice to Proceed (NTP) dated February 7, 2003 (see attached). 2. Aerial Survey/Mapping At the March 10, 2003 project meeting, new topographical mapping/data was requested by the City. Attached, please see Amendment 3, Table 2 for the proposed costs for the aerial survey/mapping tasks outlined below. 2.1 A3, Task S1— Aerial Topographic Mapping The following tasks will be completed: a. Research City and County records for existing survey control and easements if not yet on file. All existing survey control within the project area shall be shown and referenced on the topographic map. b. Provide a field survey to control aerial ground target points required for the photogrammetry. A total of three stereo models will be required for this project to facilitate mapping of the 6.9 acre project site and the access road which runs in a southwesterly direction from the reservoir site to Mission Hills Road, approximately 1,320 feet +/- in length. The survey ground control will utilize the Orange County Surveyor Horizontal and Vertical Control as the basis which provides CCS83 (California Coordinate System 1983) Zone VI, 1991.35 Epoch Adjustment horizontal and NGVD29,1995 OCS Adjustment vertical coordinate values. c. Provide aerial topographic mapping of the project site including the 6.9 acre Terminal Reservoir project site along with a 1,320 +/- foot long access road from Mission Hills Road to the site. Aerial topographic mapping shall be prepared at a final scale of 1" = 40' with one foot contour intervals in digital format compatible with AutoCAD 2000. d. Provide supplemental field survey data collection at specific locations within the project site to facilitate final engineering requirements. Any existing utilities (visible) will be located and invert elevations will be captured in the case of either sewer or storm drain improvements. This information will be added to the final topographic basesheet. Mr. Peter Salgado June 18, 2003 Page 5 e. Provide the necessary calculations, analysis of the survey control data and basesheet preparation of the survey data. Includes modification and inclusion to existing site/plan drawings f. Coordination and Supervision — Attend project meetings if required and provide the necessary supervision and review of all survey data and reports. 2.2 A3, Task S2 — Legal Descriptions and Plats Legal Descriptions and Plats will be prepared for those areas of the project where additional easement acquisitions will be required. A total of five (5) parcels will be anticipated for this project. Additionally, five (5) Preliminary Title Reports will be required as reference data for each parcel affected. a. Prepare plats defining the proposed easement acquisition area. The plats will include the dimensional data along with the area of the proposed acquisition. Closure reports along with any existing easements as defined in the preliminary title reports will also be included. b. Prepare legal descriptions of the proposed easement acquisition area written in a "metes and bounds" format. This description will accompany the plat and will also include the assessor's parcel number, ownership, and area data. c. Title Reports will be obtained for those parcels which will require proposed easement acquisition. These reports will define ownership of the property, the legal description of the property, and will include any existing easements which may already encumber the property. 2.3 A3, Task S3 — Project ManagementlQA-QC This task includes CDM project management activities including general communications, scheduling, project tracking, overall subcontractor coordination, revision/inclusion of new survey data onto existing drawings, and implementation of quality assurance and quality control measures. Also, provide Quality Assurance and Quality Control per CDM standard Quality Management Process protocols Please note that CDM/Berryman & Henigar have proceeded with these tasks at the request of the City as identified in the NTP dated March 27, 2003 (see attached). Mr. Peter Salgado June 18, 2003 Page 6 3. Hazardous Materials Survey Attached, please see Amendment 3, Table 3 for the proposed costs for the hazardous materials survey tasks outlined below. 3.1 A3, Task H1—Asbestos Survey The following tasks will be completed: a. Review project plans and documents to determine sampling strategy. b. Visual and sampling investigation of suspect ACM will be conducted. c. Asbestos bulk material samples will be collected of previously un -sampled friable and non -friable materials. d. Upon completion of the investigation and sample analysis, an asbestos report will be issued summarizing all findings and results. 3.2 A3, Task H2 — Lead -Based Paint Survey The following tasks will be completed: a. Review project plans and documents to determine sampling strategy. b. Visual and sampling investigation of suspect ACM will be conducted. c. Upon completion of the investigation and sample analysis, a lead-based paint report will be issued summarizing all findings and results. 3.3 A3, Task H3 — Hazardous Material Inventory A visual investigation and inventory report of all visible suspect hazardous materials will be developed. 3.4 A3, Task H4 —Project Management/QA-QC Project management activities including project tracking, scheduling, subcontractor coordination, financial management, and general project management, communications and coordination needed to complete the hazardous materials investigation effort. This task also includes initial CDM/LFR site visit to review site specific concerns. Also, provide Quality Assurance and Quality Control per CDM standard Quality Management Process protocols L I I Mr. Peter Salgado June 18, 2003 Page 7 4. Geotechnical Services 4.1 A3, Task G1— Geotechnical Boring on Highland Avenue CDM proposed a geotechnical investigation in the Cost Estimate for Additional Geotechnical Services for Off-site Landslide Investigation (dated April 21, 2003) to evaluate the geometry and limits of the off-site easterly landslide identified in the Draft Geotechnical Report for the proposed Terminal Reservoir No. 3. On May 9, 2003, the City authorized/ approved the 'one boring' (bucket auger boring) approach along Highland Avenue outlined in the April 21, 2003 proposal. All associated costs with this investigation (Gl) are summarized herein in the attached Table 4. 4.2 A3, Task G2 — Geotechnical Investigation for TR -2 Slope Stability An additional geotechnical investigation was proposed (as an Out of Scope item) in the May 1, 2003 Response to Project Scope Letter/Recommendations Comments letter as part of the Terminal Reservoir No. 2 backfill design to provide a foundation for the construction of a new reclaimed water reservoir. This task was originally proposed to be completed at a cost of $57,467. During the June 10, 2003 project meeting, CDM presented recent results of inclinometer readings collected at S-1 and S-2, which showed consistent movements at S-1 towards the canyon. The data indicates that the integrity of Terminal Reservoir No. 2 (TR -2) may be compromised. CDM recommends that three bucket auger borings be drilled and downhole logged, one piezometer, and two inclinometers installed upslope on the east side to evaluate potential landslide geometry and movements. This item is now divided into two smaller components — Geotechnical Investigation (G2) and the Reclaimed Water Tank Pad/Backfill Design. The pad/backfill design is addressed as an additional work/out of scope task in Section 5 of this proposal. The scope and level of effort for the TR -2 geotechnical investigation are outlined below: 4.2.1 Project Approach 4.2.1.1 Task 1, Drill Three Bucket Auger Borings with Downhole Logging Objective: Drill three 24 -inch bucket auger borings with BA -12 extending to a depth of approximately 130 feet, BA -13 to approximately 80 feet, and BA -14 to approximately 50 feet. Install two inclinometers (S-3 and S-4), and one piezometer (P-3). We will collect soil samples and conduct downhole geologic logging by CDM's engineering geologist. Mr. Tim Lawson, the City's technical reviewer, indicated that he or one of his staff would like to perform independent downhole logging in these bore holes as well. Approach: The proposed geotechnical investigation will include the following elements: Mr. Peter Salgado June 18, 2003 Page 8 Notify Underground Service Alert for utility marking prior to beginning subsurface exploration. Completion of three bucket auger borings with downhole logging using Al -Roy Drilling Company's E -Z Bore drill rig. Install two inclinometers and one piezometer with a truck -mounted hollow stem auger drill rig. Location of the proposed piezometer will be determined in the field based on ground water conditions encountered during drilling. We have included one visit after instrumentation installation to establish baseline readings, and five subsequent monitoring events to collect piezometer and inclinometer readings. • Log subsurface conditions and collect soil samples at 2.5 ft, 5 ft, and at 5 -foot intervals thereafter. A licensed engineering geologist or geotechnical engineer will supervise all exploration and reporting activities. • Backfill BA -12 with a two sack cement slurry mix at the vacant lot, and backfill all other borings with soil cuttings. • Provide a letter report describing the work performed, boring logs, geologic map and profiles, laboratory testing, and including recommendations for monitoring and mitigation design and construction, which will be included as part of the bid package or an amendment to it. • Attend one project meeting with City personnel. Assumptions: • All costs associated with securing agreements and permits, including but not limited to, property access agreements and/or necessary encroachment permits will be coordinated and obtained by the City. • CDM estimates that two days of dozer work will be necessary to prepare an access road to reach BA -13 either from an existing horse trail or along the ridge from the vacant lot. • Costs to repair and/replace damaged landscaping, flatwork, and related property damage within private lots or along the Highland Avenue will be the sole responsibility of the City. 0 Sites are fully accessible and suitable for rubber -tired drilling and support equipment. Mr. Peter Salgado June 18, 2003 Page 9 • Locations of underground utilities and other obstructions will be clearly marked by City personnel; CDM does not assume responsibility for damage to underground utilities or structures. • Site work conducted by CDM will not require coordination with other contractors/consultants performing work at or in the vicinity of the site. • This proposal does not include costs for off-site disposal of drill cuttings; it is assumed that excess cuttings can be disposed by spreading near the boring locations. • Field investigation activity includes up to 8 hours of coordination time for Lawson geotechnical down hole review and related activities. 4.2.1.2 Task 2, Conduct Laboratory Testing, Engineering Analysis, and Report Preparation Objective: Conduct laboratory testing on selected samples, perform engineering analysis, and incorporate results into CDM's geotechnical report and design recommendations. Approach: CDM will select soil samples for index and strength analysis. The results of laboratory testing will be used in our analysis and design, and presented in our geotechnical report . • Review of field boring logs and selection of representative soils samples to characterize index and strength parameters to support design. • Develop soil boring logs, develop/revise geologic cross sections, and modify geologic and engineering interpretation of landslide geometry. • Incorporate geotechnical findings into existing dataset and conduct detailed engineering analysis including but limited to slope stability analysis. • Prepare a letter report describing the work performed, our findings, together with backup documents including boring logs, geologic profiles, geologic map, laboratory test results, and provide conclusions and recommendations for mitigation design and construction as appropriate. • Attend one project meeting with City representatives. CDM will submit five copies of the draft and the final report. Mr. Peter Salgado June 18, 2003 Page 10 4.2.1.3 Task 3, Construction Cost Estimate Provide construction cost estimate for mitigation measures, using project approach applied to past cost estimates. 4.2.1.4 Task 4, Quality AssurancelQuality Control Provide Quality Assurance and Quality Control per CDM standard Quality Management Process protocols. 4.3 Schedule Following receipt of written notice to proceed (NTP) and site access approval CDM will mobilize for drilling within 15 days depending on dozer and drill rig availability, site access restrictions, and weather conditions. Listed below is the estimated timeline for major work tasks. It is estimated that our revised draft report will be submitted approximately three to four weeks following the completion of the field investigation. • Task 1, Borings, piezometer, and inclinometers 2 week • Task 2, Lab Testing, Analysis, Report 3 weeks • Task 3 Construction Cost Estimate 2 days • Task 4, Quality Control/Quality Assurance Duration The schedule presented above is for planning purposes and is subject to change dependent of many factors, including availability of exploration equipment, difficult drilling conditions, site access, regulatory approvals, or impacts resulting from inclement weather. This proposal does not include CDM costs for any the execution of access agreements and encroachment permits that will be needed to enter the private empty lot through Highland Avenue. We have assumed that the City will make arrangement to allow the construction of a temporary access road from (or adjacent to) the empty lot to reach the proposed Boring BA -13 and inclinometer S-4 (See mark ups on Figure 4-1, Geologic Map). We have not included any landscape repair cost in our budget. 4.4 Cost The estimated cost for the above described services is $74,997 and is summarized in Table 5. Mr. Peter Salgado June 18, 2003 Page 11 5. Additional Work On April 26, 2003, CDM submitted a letter to the City outlining additional out of scope items/issues that CDM has been asked to address during the project to date and feels that are out of scope work. The City then requested a proposal (scope and cost) for this additional work. On May 1, 2003, CDM submitted this scope and cost proposal for the additional items defined below. Please refer to the May 1, 2003 for all scope summaries. At the City's request, CDM requested that Tetra Tech provide a proposal to complete the design of the chlorimination system and masonry building (including all necessary electrical work). Attached is Tetra Tech's proposal outlining scope and costs. 5.1 A3, Tasks E1 -E3 -Additional Electrical Services (CDM) See Table 6 for a summary of tasks and costs. Additional electrical services associated with the chlorimination system are outlined in the attached Tetra Tech proposal. 5.2 A3, Tasks Al -A2 - Access Road Design See Table 7 for a summary of costs. 5.3 A3, Tasks F1 -F6 - Backfill Design See Table 8 for a summary of costs. 5.4 A3, Task CB1- Chlorimination System and Masonry Building Design See Table 9 and the attached Tetra Tech proposal for a summary of costs related to the chlorimination system and masonry building design. 6. Amendment 3 Cost CDM proposes to complete the aforementioned tasks and scope of work defined above for: A3, Task PI — P8 (Environmental Permitting) $28,228.00 A3, Tasks Sl — S3 (Aerial Survey/Mapping) $30,100.00 A3, Tasks Hl — H4 (Hazardous Materials Survey) $4,550.00 A3, Tasks G-1.1— G-1.4 (Geotechnical Services - Highland Dr) $37,097.00 A3, Tasks G-2.1— G-2.4 (Geotechnical Services — TR -2) $74,996.00 A3, Tasks El- E3 (Electrical Work) $16,075.00 Mr. Peter Salgado June 18, 2003 Page 12 A3, Tasks A1— A2 (Access Road) $5,682.00 A3, Tasks F1— F6 (Backfill Design) $12,357.00 A3, Tasks CB1 (Chlorimination System & Masonry Building) - Tetra Tech Design $46,963.00 - CDM Oversight $4,975.00 Credit — Monthly Reporting Credit ($10,346.00) Amendment 3 Total $ 250,677.00 As noted earlier, CDM has proceeded and completed several Amendment 3 tasks and is ready to proceed immediately with the hazardous materials survey and geotechnical services pending final confirmation that the scope and level of effort are acceptable to you, and a Notice to Proceed is issued for this work. If you have any questions, comments, or concerns, please do not hesitate to call. Very truly P.E. __ _ r In Charge Dresser & McKee Inc. Mr. Peter Salgado June 18, 2003 Page 13 cc: Amy Amirani, City of San Juan Capistrano Eric Bauman, City of San Juan Capistrano Paul Gustafson, CDM Kevin Tirado, CDM Mike Gray, CDM John Ho, CDM File §9 ■; B , ! a « ■ ! ( ! ! . . § § § ! ■§| § ! § § | : : _ # : : : : ■!/ a2} : : : : ; ; : _ ;\/ - / ! ;2 2 ) - 0 0 \{ \ § !!} ® / @ « @ § §§ \ \ $ } §( 2 § § § ) \CR) ` 2 \ 0 so § a § | | §)) ! § 2 ;«a a a § (| a e @ @ \ \ § !/( ! § § :!2 ! ! § ! G\ a a a a @ a @ ;§) 0001, \ \ } \ � 2§ � § ■ � ;K } ) \ ! \ ! § § K | ] ! ! ! 0| K ;« a a a ! §]} ! § § § a : G\ a a a a § ! \ | \ | ) k ) ) # } ; & m # ! ■ � R `0 i kk \ \ \ Is � 7! & _ ; d ~ ` !£ C4N \ E J # k kdo 00 ae .« ;■ - � � � a 1§ _ \ ! , ! _ .0 ! 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