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09-1006_LAWSON / ASSOCIATES_Personal Services Agreement (2)AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of,2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Lawson & Associates Geotechnical Consulting, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City and Consultant have entered into a Personal Services Agreement dated October 6, 2009 to provide construction support services for the City's Sewer Hydraulic Capacity No. 2 Project (CIP 07704); 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 Four Thousand Seven Hundred and Eighty Seven Dollars and Fifty Cents ($4,787.50) 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 Agreement Except as to sections 1, 2 and 4 herein, all other terms and conditions of the Agreement shall remain unchanged, Section 4. Contract Term. The Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2010. Section 5, Entire Agreement. This entire Agreement between the City and Consultant with respect to these extra services described herein and any other understandings, oral or in writing, are hereby superseded. Agreement. IN WITNESS WHEREOF, the parties hereto have executed this CITY OF SAN JUAN CAPISTRANO By: J e Tait, ity Manager CONSULTANT By; Timothy Lawson Lawson & Associates, Inc. APPROVED AS TO FORM: E Omar Sandoval, Gity Attorney EXHIBIT "A„ Lawson & Associates Geotechnical Consulting, Inc. April 29, 2010 Mr. Khoon Tan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Project No. 091072-01 Subject: Extra Budget Request for Additional Geotechnical Observation and Testing Services Provided during Trunk .kine Sewer Construction, Sewer Hydraulic Capacity Project No. 2 (CTP 07704), City of San Juan Capistrano, California Introduction In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has provided additional geotechnical services during construction of the trunk. line sewer for the City of San. Juan Capistrano's Sewer Hydraulic Capacity Project No. 2 (CII' 07704). Scone ofAdditional Work and Associated Cost LGC has provided additional on-call geotechnical services during construction of the Sewer Hydraulic Capacity Project No. 2 (CIP 07704) in the city of San Juan Capistrano. Additional services beyond the scope of our original proposal were required because of slow contractor progress, primarily due to unforeseen circumstances including existing unsuitable condition of fill material, shoring requirements, construction plan issues, and inclement weather. Additional Cost Please see the following table for an estimated cost for the additional geotechnical services as described above. Task/Service Estimated Amount Additional geotechnical observation/testing services for trunk line sewer construction. $ 4,637.50 Additional Laboratory Testing 1 $ 150.00 TOTAL: 1 $ 4,787.50 We request a total extra budget for the above mentioned geotechnical services in the amount of Four Thousand Seven Hundred Eighty Seven Dollars & Fifty Cents ($4,787.50). 1319 Calle Avanzado e San Clemente . CA 92673-6351 . (949) 369-6141 .l=ax (949) 369-6142 Our services have been performed to the general standard oC care of ,geotechnical consulting hi Soutlieril California;. rio other warranty is expressed or implied, The, opportunity to work on this project is sincerely appreciated. If you should have any questions, please do not hesitate to contact our office, LA WSON & A SSO CM TES GEO 'TECHNIC" L CONS UL TING, -INC. James Thomasson .Project Manager JRT Distribution: (2) Addressee PreectNo. 091072-01 Page 2 AI -WI ?9, 010 32400 F,ASE0 ADELAPBTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Lawson & Associates 1319 Calle Avanzado San Clemente, CA 92673-6351 DATE: September 22, 2010 i' MEMBERS OF THE CITY COUNCIL s�> ITHOMAS l0t00P0RRFEB SAM AL LEVATO LAURA FREESE EST9BEE R W. FERN 1776 MARK NIELSEN DR. LONDRES USO FROM: Christy Jaki, Deputy City Clerk (949) 443-6310 RE: First Amendment to Personal Services Agreement — Construction Support Services for Sewer Hydraulic Capacity No. 2 Project (CIP 07704) Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer at (949) 443-6353. An original Agreement is enclosed for your records. Cc: Khoon Tan, Associate Engineer San Juan Capistrano: Preserving ng the Past to Enhance the .Future