21-1102_CNC ENGINEERING, INC._Amd 1 to Professional Services AgreementAMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
CNC ENGINEERING, INC.
Parties and Date.
This Amendment No. 1 to the PROFESSIONAL SERVICES AREEMENT is made
and entered into as of this 2nd day of November 2021, by and between the City of San
Juan Capistrano, a municipal organization organized under the laws of the State of
California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, California 92675 ("City") and C&C Engineering, Inc., dba CNC Engineering, a
Corporation with its principal place of business at 2121 Alton Parkway, Suite 200, Irvine,
CA 92606, Consultant. City and Consultant are sometimes individually referred to as
"Party" and collectively as 'Parties."
2. Recitals.
2.1 The City and Consultant have entered into an agreement entitled
"Professional Services Agreement dated December 13, 2018, ("Agreement") for the
purpose of retaining the services of Consultant to provide Engineering Design and
Construction Support Services.
2.2 Amendment Purpose. The City and Consultant desire to amend the
Agreement to revise the Term of the Agreement as indicated on the attached Exhibit A.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Section 2 of the Agreement.
3. Terms.
3.1 Amendment of Scope of Services. Exhibit "A" to the Agreement is hereby
amended to add the Scope of Services attached to this Amendment as Exhibit "A", and
incorporated by reference herein.
3.2 Amendment of Compensation. Section 2, subdivision (b) of the Agreement is
hereby amended in its entirety to read as follows:
Attachment 2
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61147.00150\34509699.1
"in no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $264,000. This
amount includes a 10% contingency. City's prior written approval is
required to use the contingency fees. This amount is to cover all printing
and related costs, and the City will not pay any additional fees for printing
expenses. Periodic payments shall be made within 30 days of receipt of
an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly
billing basis."
3.3 Amendment of Time of Performance. Section 5 of the Agreement is hereby
amended in its entirety to read as follows:
"Consultant shall perform its services in a prompt and timely manner and
shall commence performance upon receipt of written notice from the City
to proceed ("Notice to Proceed"). Consultant shall complete the services
required hereunder by December 31, 2022. The Notice to Proceed shall
set forth the date of commencement of work."
3.4 Continuing Effect of Agreement. Except as amended by this Amendment
No.1, all other provisions of the Agreement remain in full force and effect and shall govern
the actions of the parties under this Amendment No.1. From and after the date of this
Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean
the Agreement as amended by this Amendment No. 1.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance
of the obligations they have undertaken pursuant to this Amendment No. 1.
3.6 Severability. If any portion of this Amendment No. 1 is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
[Signatures on Next Page]
61147.00150\34509699.1
Attachment 2
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND CNC ENGINEERING, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
--S-enj,Sieo6l
City Manager
- 10 -2 -
Date
Attested By:
I f �
Maria Morris, City-flerk
Approved As To Form:
94WI3�
City Attorney
61 147.00150\34509699.1
CNC ENGINEERING, INC.
Signature
Shahab (Sean) Nazarie
Name
Senior Project Manager
Title
November 9, 2021
Date
Attachment 2
Page 3 of 8
ACNC EXHIBIT A
E N G I N E E R I N G
Mr. Paul Meshkin, P.E .
City of San Juan Capistrano
Public Works Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Camino CapisbwnoandAve7idaAe-opuetoS&e&Re�abilitation
Chapge Or der flequest No. 1
Dear Mr. Meshkin,
October 25, 2021
Per your request, CNC Engineering (CNC) is pleased to submit this change order request for
additional design services for the subject project.
Project Understanding
The following understanding of the expanded scope of services is based on our telephone
conversation on October 19, 2021. We understand the city wishes to include the following six
(6) roadway segments to our current contract:
1. Camino Capistrano from Avenida Aeropuerto to San Juan Creek Bridge -Pavement
rehabilitation consisting of reconstruction of the two southbound lanes and grind and
overlay of the remainder of the roadway.
2. Camino Capistrano from San Juan Creek Bridge to Verdugo Street -Pavement grind
and overlay.
3. Ortega Highway from Camino Capistrano to EI Camino Real -Pavement grind and
overlay.
4. Camino Capistrano from Ortega Highway to La Zanja -Pavement grind and overlay.
5. Stonehill Drive from Camino Capistrano to San Juan Creek bridge -Pavement grind and
overlay and coordination with developer on the north side for new traffic signal. We
understand the signal design and related striping will be performed by others. CNC will
only reference these items on our plans.
6. Camino Capistrano from Junipero Serra to Rancho Capistrano -Pavement spot repairs
and slurry seal. We understand City will provide field inspection to identify the locations
for spot repairs and will provide CNC with the structural section for pavement dig -outs.
CNC will show the spot repair locations on the base map that will be furnished by City.
Scope of Services
2121 Alton Parkway • Suite 200 • Irvine • California • 92606 • T 949.863.0588 • www.cnc-eng.com
Attachment 2
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Task 1. Ground Survey - This task will only be performed for the segment 1 above (Camino
Capistrano from Avenida Aeropuerto to San Juan Creek bridge). Work will consist of
establishing controls based on County bench marks and state plane coordinates to perform a
cross section survey at 50 -ft intervals, extending from back of sidewalk to back of sidewalk or
apparent right of way. Field survey in the vicinity of the 1-5 on- and off -ramp south of San Juan
Creek Road will require an encroachment permit from Caltrans District 12. CNC will prepare
and submit a permit application along with traffic control plans. Refer to assumptions at the
end of this proposal for additional information.
Task 2. Mapping— Task consist of the following:
Ground survey data for segment 1 collected in Task 1 will be processed to create 20 -
scale topographic base with 1 -ft contours.
Compiling 40 -scale base map for segments 2 to 5, using available aerial imagery, such
as Nearmap and visual field verification of the imagery for surface culture such utility
features.
• Mapping for segment 6 from Junipero Serra to the Trabuco Creek bridge (Approx. 2,150
LF) will be provided by City. CNC will create the base map for the remaining portion of
the segment (Approx. 6,600 LF), using available aerial imagery, such as Nearmap and
visual Feld verification of the imagery for surface culture such utility features.
Task 3. Utility Coordination- CNC will compile a list of utility purveyors with facilities in the area
and will augment the list in consultation with the city. We will also draft a letter of notification
describing the City's proposed project and schedule of work and requesting copies of record
drawings of existing facilities within the project limits. CNC will provide all coordination with
utilities and will maintain a correspondence log and submittal of preliminary and final plans to
all affected utilities.
Task4. Construction Drawings -This task consists of the following deliverables:
• Update title Sheet to include the additional roadway segments
• Typical Sections and Notes
• Plan & Profile Sheets for segment 1, showing existing centerline profile; pavement
reconstruction of two southbound lanes; grind and overlay of the remaining portions of
the roadway on the plan view.
• Plan Sheets for segments 2 to 5- Pavement grind and overlay, disposition of existing
surface culture.
• Plans sheets for segment 6- Limits of AC dig -outs and slurry seal furnished by City.
• Pavement Delineation and Signage
• Loop Restoration Plan (Caltrans Controlled Intersection at On/Off Ramp)
• Traffic Control Plans for segment 1
CNC
t: .t ..,�
Attachment 2
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Task 5. ADA Upgrades to Driveways- CNC will prepare detailed design of pedestrian path of
travel in accordance with the current ADA requirements at up to eleven (11) driveways along
Camino Capistrano south of Avenida Aeropuerto.
Task 6. Median Landscape Design- CNC will use the services of Cornerstone Studios to prepare
conceptual and final landscape and irrigation design plans for the median #1 & #2 identified in
Figure 1.
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Figure 1. Raised Medians on Camino Capistrano
Task 7. Specs- CNC will prepare technical provisions based on the latest edition of the Green
Book. City will provide the boiler plate and assemble the final special provisions.
Task 8. Estimates- CNC will prepare an itemized list of quantities and unit costs based on
recent similar projects in the area.
Task 9. Coordination with Dana Point and Caltrans- CNC will review and address comments
from the City of Dana Point and Caltrans on the portion of the roadway within their respective
jurisdictions and will make all mutually agreed upon revisions to the design.
Task 10- Submittals, Meetings & Coordination- CNC will submit the construction documents for
City review. We will address subsequent plan check comments and will be available to meet
with the city to discuss our findings and recommendations.
Task 11. Construction Support Services- Striping plans for parking stalls, ADA path of travel and
sign layout and details.
Task 12. Project Administration - This task consists of progress reports, invoicing, and
administrative support.
1. Design of ADA upgrades are excluded except for specific locations stated herein.
2. Traffic control implementation will be invoiced separately as additional cost.
3. All fees will be billed separately as additional cost.
4. City will provide pavement sections for grind/overlay and spot dig -outs.
5. Attendance at meetings will be invoiced separately as additional cost.
ACNC
Attachment 2
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Compensation
The estimated total fee for the scope of work outlined in this proposal is $198,895. Refer to
Attachment A for an hourly breakdown of the estimated fee for each task.
If you have any questions regarding this proposal, please contact me directly at (949) 863-0588
x 8103.
Respectfully Submitted,
CNC ENGINEERING
Shahab (Sean) Nazarie, P.E.
Director of Engineering
ATTACHMENT
ACNC
Attachment 2
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ATTACHMENT A: CHANGE ORDER REQUEST #1
CAMINO CAPISTRANO & AVENIDA AEROPUERTO REHAB
PREPARED FOR CITY OF SAN JUAN CAPISTRANO
PREPARED BY: CNC ENGINEERING
DATE: OCTOBER 25, 2021
TASK
DESCRIPTION
PROJ
MGR
$220
SURVEY
MGR
$180
PROJ
ENGR
$180
DESIGN
ENGR
$150
SURV
CREW
$260
Admin
$85
SUB
CONTRACT
LUMP SUM
OTHER
DIRECT
COSTS
EST
TOTAL
HRS
T TAL
NTE
AMOUNT
1
Ground Survey
8
8
8
40
64
$15,040
2
Mapping
8
100
108
$16,440
3
Utility Coordination
8
8
16
8
40
$6,280
4
Pavement Rehabilitation Plans
16
112
280
408
$65,680
Signing & Striping
8
40
80
128
$20,960
Traffic Control Plans (Segment 1
8
16
24
$3,840
,Loop Restoration Plans (Segment 1
8
16
$2,640
5
ADA Upgrades for Driveways 11
24
8
$150
72
$11,670
6
Median Lansca a Design
8
8
4
$4A85
28
$9,225
7
Secs
8
8
2
18
$3,370
8
Estimates
4
4
6
!40
24
$4,000
9
Coordination with Dana Point and Caltrans
8
16
2
56
$9,440
10
Submittals, Meetings & Coordination
8
24
8
$150
80
$12,910
11
Construction Su ort Services
24
24
4
72
$13,200
12
Project Administration
16
8
24
$4,200
ESTIMATED LABOR HOURS
116
8
300
668
40
30
1162
TOTAL NOT -TO -EXCEED AMOUNT
1 $4,485
$300
$198,895
Attachment 2
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