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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 Page 1 of 8 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 Page 2 of 8 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 Page 4 of 8 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 Page 5 of 8 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. n � \ w 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 Page 6 of 8 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 Page 7 of 8 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 Page 8 of 8