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04-0921_CAMP DRESSER & MCKEE INC._Personal Services Agreement Amd No. 4 (2) AMENDMENT NO. 4 TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this 2 d y oAt t � 2004 by and between the City of San Juan Capistrano (hereinafter referas 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 SD "A". 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. CITYtSAN tUAN AI TRANO By: JOE SOTO, layor CAMP DRE SER & MCKEE, INC. By:,L'GG � ATTEST: Mar ar R. Monahan, City Clerk AP OVED AS TO FORM: John R/SYaw, City Attorney 2 1925 Palomar Oaks Way,Suite 300 Carlsbad,California 92008 tel: 760438-7755 fan: 7604311-7411 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 consulting-engineering-construction-operations 6XI41 PT- 'All 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 RFIs 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 12A Attend Pre-construction Meeting This task includes attendance at the project's 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. Peter Salgado September 10,2004 Page 3 Task 12.5 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. CDM 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. 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, 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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I I- 101119111111111111111111111�11111111101111111 III�IIII�III �I I�OnN�lllll Iw�iww�YYl�linnllw nnNNlllnlll w HIM ll1111 I��InI11111�inI1�111Y1191111111nnnIIlllYl 111 YDIYIIYIIY �IIYIo01110011100Y1YI1111111111YYlllllwllll MINE I�liiioYoiYioOil iveYiYY�iin iiiiiiYninii= iii ��61N�111�111N IIIIoI11nE0111�EOIIIIOCIII�IN�1111 IIIIIn11Nl�i w 111 �Ilf 000ONil 11B11111111E1111111111N�11III 111N11n1INN 11 6N1111111NIIN111111C1110111100111111111111 lllllllNnlnw111 �1�1 Ill�lnl�tl �lNl�llN�l�llllllll101�l�ll SII �8��18n1111118 illlfllllllll01111101�11111!1111111111 011811 . 01lYll1011 -IIII��IIIlIIloollll�lnll�llllllllollllllll��l�11111 B01l11O1�16�11111I 11111l1I�1I1I1I1lw1I1I11I11�I9�Y0Il1I�1l1IlI1l1Il1Il1Il1lI1I1�1I11I11I1I11I1I11I1I1I1II11II1I11I1I11II1I11I1I1II1iI1I11lI�1 Iwl11111ISKII 0HIRE 1N111111111111111111I1I1 �0n11 I NI11�11110HIM II11NNIIII11111111111111111111111111111 � 1111111111111011111111111111111111111111IS 11111110111111 I11111119111�111101111111160111�illlllllO1111 IIIIIIIIIIIIIl111111 !I!!I!!l�IIIIIYI@IAIYIIINIIIIIIINII!1111=IIIIIIIINIillllllll BIIIIIIIIIII IIIIo1111111111III 111111111111N®Illlllllllllllloil l �!I!!�l9111�111�1111lIIIIlin III I11111111111111111O1AIR 011111110111111119111191III 1III 101111HIM 1MEN 111111111111111 lIl —IIII -�w 1: 1 mi III oll 11191111111111111119111111 111 1111i �!I 111IIII!111I11111111111111 IIIIIIII 11111�1111101��111 B0Iln-nllll111111111111101111111111 11 111111 IIII�NIIII�Nllllllllullllllllllllllllnl Illllunlllllllllll ®�IIHIIIIIRIIIIIII1111 loll AMENDMENT NO. 3 TO PERSONAL SERVICES AGREEMENT 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 r 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. CITY O N J BI i; Joh S ff ayor CAMP DR ER & MCKEE, IN By: ATTEST: M r ret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sha , City Attorney 2 1925 Palomar Oakt Way,Suite 300 Carlsbad,California 92008 tel: 760 438-7755 fax 760438-7411 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 E1 - 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 CDM 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). 1.7A3, 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. CDOWN Mr. Peter Salgado June 18,2003 Page 4 1.8 A3, Task ES - 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. f i CWWO 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 Management/QA-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). rMn 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 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. CDM Mr. Peter Salgado June 18,2003 Page 4 • 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 P1 -P8 (Environmental Permitting) $28,228.00 A3, Tasks S1 -S3 (Aerial Survey/Mapping) $30,100.00 A3, Tasks H1 -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 E1-E3 (Electrical Work) $16,075.00 Mr.Peter Salgado June 18,2003 Page 12 A3,Tasks Al —A2 (Access Road) $5,682.00 A3,Tasks Fl —F6 (Backfill Design) $12,357.00 A3,Tasks CBl (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 y��G Wi i _,J. oncrief,PX. -- icer In Charge \ `Camp 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 Table 1 -Amendment No.3(A3) Environmental Permitting (P)Costs CDM M&A Task MG JH JM DS CW KT DDM AmenOmi3 GENGB GENG] Pdn PIA Struct PE DRAFT ADMIN TOTAL COM CDM CDM SUB EQUIPMENT SUB Envkr ff al $150.00 $140.00 $155.00 $155.00 $150.00 $110.00 $85.00 $55.00 HOURS LABOR ODCs TOTAL LABOR$ COSTS TOTAL Told A3,Task Pt-Pro'ect Management and Communication 0.0 0.0 0.0 4.0 0.0 12.0 0.0 2.0 18.00 $2,050.00 $123.00 $2,173.00 $0.W $000 $0.00 S2,173 A3,Task P2-Judsdictional Wetlantl Determination 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 $0.00 $0.00 $O.W $2,135.00 $20.00 $2155.00 $2155 A3,Task P3-Development of Mdigation Plan 8 Construction Drawings and S ifications 0.0 0.0 4.0 12.0 0.0 60.0 32.0 8.0 96.00 $10,040.00 $602.40 $10,642.40 $1,535.00 $580.00 $2,115.00 $12,757 A3,Task P4-Section 404 Permit 00 0.0 0.0 0.0 0.0 0.0 0.0 00 O.W $0.00 $000 $0.00 $1,327.00 $5600 $1,383.00 $1383 • A3,Task PS-Section 401 Codification 0.0 0.0 0.0 0.0 0.0 0.0 0.0 00 000 $0.00 $0.00 Saw $2788.00 $56.W $2,864.00 $2,844 A3.Task P6-Section iW3 Aqnaemert 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 O.W $O.Do $0.00 $O.W $3352.W $56.W $3,408.00 $3,408 A3,Task P7-USFWSdtl Permit Amendment 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 O.W $O.W $000 $O.W $2,766.W $0.00 $2,766.00 $2,766 A3,Task PS-QA/OC 0.0 5.0 0.0 0.0 0.0 0.0 0.0 0.0 5.00 $7W.W $42.00 $742.W $O.W $0.W $O.W $742 Amendment 3,Environmental Tool 118 $12780.00 $767.40 $13557.40 $13903.00 $768.00 $10671.00 $28228 Amendment NO3-ALL TASKS REV3x1s Table 2 e Amendment No. 3 (A3) Aerial Survey(S)Costs CDM B&H-SURVEY Task MG JH JM DS CW KT CDM Amendment3 GENGB GENG7 Pdn PM Stmct PE DRAFT ADMIN TOTAL CDM CDM CDM SUB SUB Survey $150.0 $140.00 $155. $155. $150. $110. $85.00 $55.00 HOURS LABOR ODCa TOTAL HOURS TOTAL Total A3,Task St-Aena1T ra is Mapping 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00fi ,050E$30,1 A3,Task S2-Legal Descd tions and Plats 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 ,375A3,Task S3-Project Mana emenUQA-QC 0.00 0.00 4.00 8.00 0.00 16.00 8.00 2.00 38.00 $4,410.00 $264.60 $0.00Amendment 3,Aerial Sume Total 0.00 0.00 4.00 8.00 0.00 16.00 800 2.00 38.00 $4,410.00 $264.605,425 • Amendment No3-ALL TASKS REV3.xls Table 3-Amendment No. 3 (A3) Hazmat Survey(H)Costs COM Levine-Fricke-Harmet Survey Task MG JH JM DS CW KT coM Amendment GENG8 GENG7 Prin PM SVuct PE DRAFT ADMIN TOTAL CDM CDM CDM SUB EQUIPMENT SUB Hazmat Survey $150.00 $140.00 $155.00 $155.00 $150.00 $$10.00 $85.00 $55.00 HOURS LABOR ODCs TOTAL LABOR$ COSTS TOTAL Total A3,Task H1-Asbestos Survey0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $100.00 $100.00 $917.60 $300.00 $1,217.50 $1,318 A3,Task H2-Lead-Based Paint Survey0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 $0.00 $935.50 $80.00 $1,015.50 $1,016 A3,Task H3-Hazmat Inventory 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 $0.00 $0.00 $303.50 $0.00 $303.50 $304 A3,Task H4-Project Mana emem/QA-QC 0.00 0.00 0.00 1.00 0.00 14.00 0.00 2.00 17.00 $1,805.00 $108.30 $1,913.30 $0.00 $0.00 $0.00 :S4,550 • Ammendment 3 Hazmat SurveyTotal 17 $1,805.00 $208.30 52,013.30 $2,156.50 $380.00 $2 536.50 • Amendment No3-ALL TASKS REV3.ads Table 4- Amendment No. 3 (A3) Geotechnical (G-1) Costs CDM CDM-GEO Fojomc 7PP PB JD KW pAOC CDMGeo Geo Geo OPSCDM-GEO A3 Task Description TOTAL CDM Labor Markup Total OPS GEO-A PE Draft Admin TEAM HRS Stall ODCs Ops (10%) Cost TOTAL TOTAL A3,Task G-1.1 Review Additional Geotechnical Data 0 1 4 0 0 2 0 7 $70500 $1,897 $492 $0 $0 $0 $2,389 $3,094.00 A3,Task G-1.2 Field Exploration 1 4 6 0 0 1 0 12 $1,490.00 $4,197 $869 $12,510 $1,251 $13,761 $18,827 1 $20,317.00 A3,Task G-1.3 Laboratory Testing and Engineering Analys 0 0 3 0 0 3 $330.00 $8,457 $470 $2,251 $225 $2,476 $11,403 $11,733.10 A3,Task G-1.4 Ouali Assurance/Dual' Control 0 3 0 0 !OE2 4 9 $1,255.00 $623 $75 $0 $0 $0 $698 $1953.00Amendment 3,TR-3 Evaluation 1 8 13 0 4 31 53,780.00 $15,174 $1,906 $14,761 $1,476 $16,237 $33,317 $37,097 • Ame,dmem NcIA TASKS REVIa 6/25/2003 Table 5 - Amendment No. 3 (A3) Geotechnical (G-2) Costs CDM CDM-GEO _ JM PG KT PB JD KW OAOC CDM Geo Geo Geo OPS CDM- A3 Task Description DOC PM PE PE Draft Admin TEAM TOTAL CDM Labor Stall ODCs O00IPS Markup Total OPS GEO GEO-B ($170) HRS (10%) Cost TOTAL TOTAL A3,Task G-2.1 Field Exploration 0 0 0 0 0 0 0 0 $0.00 $13,206 $2,715 $26,395 $2,640 $29,035 $44,956 $44,955.50 A3,Task G-2.2 Laboratory Testing, Engineering Analysis,and Report 0 0 0 0 0 0 0 0 $0.00 $16,468 $1,950 $4,545 $455 $5,000 $23,418 $23,417.50 A3,Task G-2.3 Construction Cost Estim 0 0 0 0 0 0 0 0 $0.00 $4,000 $0 $0 $0 $0 $4,000 $4,000.00 A3,Task G-2.4 OA/QC 0 0 0 0 0 0 0 0 $0.00 $2,623 $0 $0 $0 $0 $2,623 $2,623.00 Amendment 3,TR-2 Evaluation 0 00 0 0 0 0 0 $0.00 $36,297 $4,665 $30,940 $3,094 $34,034 $74,996 $74,996.00 • Amendment NO3-ALL TASKS REVI. Is 6/25/2003 Out of Scope Tasks and Costs Table Table 6-Amendment No. 3(A3) Electrical (E)Costs CDM-INC CDM-STRUCTURAL Item JM DS DA/OC TV KT PB CDM CDM Electrical Prin PM ENEV 7 ELEC PE PE DRAFT ADMIN TOTAL CDM CDM CDM TOTAL CDM CDM CDM Total $155.00 $155.00 $150.00 $140.00 $110.00 $110.00 $85.00 $55.00 HOURS LABOR ODCs TOTAL HOURS LABOR ODCs TOTAL Electrical Service E1-Drawings 0.0 2.0 0.0 0.0 4.0 0.0 0.0 0.0 6.00 $760.00 $45.00 $795.00 0.00 $0.00 $0.00 $0.00 $795 1.1.1-Site electrical lighting 0.0 0.0 0.0 8.0 0.0 0.0 10.0 0.0 18.00 $1,970.00 $118.20 $2,088.20 0.00 $0.00 $0.00 $0.00 $2,088 1.1.2-Equipment Relocation for Construction Detail 0.0 0.0 0.0 6.0 0.0 0.0 6.0 0.0 12.00 $1,350.00 $81.00 $1,431.00 0.00 $0.00 $0.00 $0.00 $1,431 1.1.3-Solar Powered adi0fRTU, • Level,Intrusion Layout 0.0 0.0 0.0 72.0 0.0 0.0 20.0 0.0 32.00 $3,380.00 $202.80 $3,582.80 0.00 $0.00 $0.00 $0.00 $3,583 1.1.4.Building Vault Altitude Valve Power and Lighting Layout 0.0 0.0 0.0 5.0 0.0 0.0 6.0 0.0 11.00 $1,210.00 $72.60 $1,282.60 3.00 $360.00 $21.60 $381.60 $1,664 1.1.5-Misc.Detail 0.0 0.0 0.0 8.0 0.0 0.0 BA 0.0 16.00 $1,800.00 $108.00 $1,908.00 0.00 $0.00 $0.00 $0.00 $1,908 E2-Secifications 0.0 0.0 2.5 18.0 0.0 0.0 0.0 6.0 26.50 $3,225.00 $193.50 $3,418.50 0.00 $0.00 $0.00 $0.00 $3,419 E3-Meetin s 1 0.0 0.0 0.0 8.0 0.0 0.0 1 0.0 0.0 8.00 $1,120D0 $67.20 $1,187.20 0.00 $0.00 $0.00 $0.00 $1,187 Electrical Totals 0.0 2.0 2.5 65.0 4.0 0.0 50.0 6.0 129.50 $14,805.00 $888.30 $15,693.30 3.00 $360.00 $21.60 5381.60 $16075 • Amendment NO3-ALL TASKS REV3.>us Out of Scope Tasks and Costs Table Table 7 - Amendment No. 3 (A3) Access Road (A) Costs CDM-INC Item JM DS OA/OC TY KT PB CDM Access Prin PM ENEV7 ELEC PE PE DRAFT ADMIN TOTAL CDM CDM CDM Road $155.00 $155.00 $150.00 $140.00 $110.00 $110.00 $85.00 $55.00 HOURS LABOR ODCs TOTAL Total Access Road A-1-Desi n of New Acess Road 0.0 1.0 0.0 0.0 4.0 12.0 0.0 0.0 17.00 r$3,445.00 $114.90 $2,029.90 A-2-Drawings 0.0 1.0 0.0 0.0 4.0 12.0 18.0 0.0 35.00 $206.70 $3,651.70 Access Road Totals 0.0 2.0 0.0 0.0 8.0 24.0 18.0 0.0 52.00 $321.60 $5,681.60 $5,682 • Amendment No3-ALL TASKS REV3.xls Out of Scope Tasks and Costs Table Table 8 - Amendment No. 3 (A3) Backfill Design (F) Costs CDM-INC Item JM DS QA/QC TY KT PB CDM Backfill Prin PM ENEV 7 ELEC PE PE DRAFT ADMIN TOTAL CDM CDM CDM Design $155.00 $155.00 $150.00 $140.00 $110.00 $110.00 $85.00 $55.00 HOURS LABOR ODCs TOTAL Total Item 4-2 MG Backfill Design F7 -Alternatives Evaluation 0.0 2.0 0.0 0.0 1 4.0 4.0 0.0 1 0.0 10.00 1 $1,190.00 $71.40 1 $1,261.40 $1,261 F2-Field Exploration 0.0 0.0 0.0 0.0 0.0 0.0 1 0.0 1 0.0 0.00 $0.00 $0.00 $0.00 $0 F3-lab Testing,Analysis,and Report 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.00 $0.00 $0.00 $0.00 $0 F4-Construction Cost Estimate 0.0 0.5 1.0 0.0 0.5 2.0 0.0 0.0 4.00 $502.50 $30.15 $532.65 $533 F5-Gradinq and Drainage Design 0.0 0.5 1.0 0.0 4.0 20.0 0.0 0.0 25.50 $2,867.50 $172.05 $3,039.55 $3,040 F6-Drawings 0.0 0.5 2.0 0.0 4.0 20.0 48.0 0.0 74.50 $7,097.50 $425.85 $7,523.35 $7,523 Backfill Design Totals 0.0 3.5 4.0 0.0 12.5 46.0 48.0 0.0 114.00 $11,657.50 $699.45 $12,356.95 $12,357 • Amendment No3-ALL TASKS REV3.x1s Table 9 - Amendment No. 3 (A3) Chlorimination System and Masonry Building (CB) Costs CDM-INC Tetra Tech Item Chlor.Sys a CDM CDM CDM CDM Mas. Bldg Des. LABOR ODCs TOTAL Ops Total Item 5-Chloramine System and Masonry Building CB1 -Chlorimination System and Masonry Building Design $4,693.00 $281.58 1 $4,974.58 $46,963.00 $51,938 Chlorimination Totals $4,693.00 $281.58 $4,974.58 $46,963.00 $51,938 NOTE:See attached Tetra Tech proposal for scope and cost breakdown of all tasks associated with the Chlorimination System and Masonry Building Design • Amendment No3-ALL TASKS REV3.xls AMENDMENT NO. 2 TO PERSONAL SERVICES AGREEMENT ,, ..//� THIS AMENDMENT is made and entered into this day of 112002 by and between the Capistrano Valley Water District (hereinafter referred to as the "CVWD") and Camp Dresser & McKee Inc., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, CVWD and Consultant have entered into a Personal Services Agreement dated April 2, 2002, for services for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation Project (CIP # 753); and WHEREAS, CVWD 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, CVWD 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, CVWD and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work to be performed by Consultant shall consist of additional geotechnical site investigation 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 CVWD hereby agrees to pay the additional sum of $92,854.40 (ninety-two thousand eight hundred fifty-four dollars and forty cents) for a revised total contract price of $532,710.40 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. SD 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 CVWD 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. CAPISTjR�ANO VALLEY WATER DISTRICT By: Y//Q�l.t'/ (G'Gti1 o' fA Diane Bathgate, Ch an CAMP DRESSER & M�CCK�EE, INC. By: � - /0�2 oZ— ATTEST: '—#et et R. Monahan, Clerk of the Board APPROVED AS TO FORM: John R. Sha , General Counsel P\pw hared\agenda\021105M AMENDMENT2.dac 2 1925 Palomar Oaks Way,Suite 300 Carlsbad,California 92008 tel: 760 438-7755 fax: 760 438-7411 October 15,2002 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. 2, Additional Geotechnical Investigation for Landslide Delineation 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. for the Terminal Reservoir No. 1 (TR#1) Replacement Project. During our October 4w project status meeting,the City requested that CDM prepare a scope of services and cost estimate (Amendment No. 2) to conduct additional geotechnical and biological field investigation and engineering analysis to assess the geologic conditions and site mitigation schemes at Terminal Reservoir No.3 (TR#3) and existing TR#2. Results from our geotechnical exploration indicate the presence of landslides along the east and west canyon slopes. However,the geometry and limits of these structures are poorly constrained and thus limit our ability to provide an effective design solution. To adequately delineate the landslide limits,provide adequate design recommendations, additional field exploration, laboratory testing, and engineering evaluation will be required. The following sections present CDM's proposed scope of work and our cost estimate is summarized in Table 1 (attached). Figure 1 (attached)indicates the proposed exploration locations. Task 1 -Project Management and Communication Project management activities including project tracking,scheduling,subcontractor coordination,financial management, and general project management, communications and coordination needed to complete the additional geotechnical investigation effort as outlined below. It is anticipated that these geotechnical services will take about 6 weeks to perform and the project schedule will be extended for this amount of time. In order to minimize the PACIty of San Juan Capliurano-206M35977-1`1eservoir X1 Replacement ProjecN-contracisU.O Client Rovised Current Connor mendmentNo211.dOc consulting•engineering•construction-operations CDM Mr. Peter Salgado October 15,2002 Page 2 additional project management effort during this period,project schedule updates for the remainder of the design effort will be provided when significant revisions are required. Task 2—Additional Geotechnical Borings for Landslide Delineation Conduct additional geotechnical investigations to evaluate identified failures along the canyon slopes. In all,CDM plans to conduct six bucket auger borings,depth totaling approximately 460 feet. All boreholes will be down-hole logged and sampled consistent with our initial investigation. Considering that the site contains areas of sensitive habitat,two mobilizations will be discussed below. The proposed geotechnical investigation consists of the following tasks. East Slope Landslide Evaluation: • Meet onsite with City/driller/dozer to confirm exploration locations proposed by CDM and verify access • Use small dozer to construct access road for drill sites. • Drill two 80-foot bucket auger borings using a limited access drill rig with boring locations below the upper V-ditch. • Drill one 40-foot bucket auger boring on east side of TR#2 to establish limits of east slope landslide. • Down hole log each boring. West Slope Landslide Evaluation: • Meet onsite with City/driller/dozer to confirm exploration locations proposed by CDM and verify access. • Use small dozer to construct access road for drill sites,if needed. • Drill two 100-foot bucket auger borings using standard drill rig within existing horse trail (City to verify this method suitable). • Drill one 60-foot boring along project northern limits of landslide (approximately 80 feet upstream from concrete culvert). • Down hole log each boring. Please note that the City of San Juan Capistrano needs to verify that the use of the existing horse trail as a drill pad is acceptable prior to starting the investigation. Erosion Protection—East Canyon Slope Soil excavated along for the east slope access road and drill pad will be replaced using a small bulldozer. Following replacement of the soil, up to 10,000 ftz of erosion control blankets (jute mats)will be installed and secured over the newly exposed soil surface from the access road P:\City of San Juan Capistrano-20515\359 -Itesemoir#1 Replacement Project\l- ftacb\1.00imt\Revised Current ContracNmmendm o211.dM CDM Mr.Peter Salgado October 15,2002 Page 3 construction to reduce erosion during the upcoming rainy season. Note that the installation of erosion control blankets does not include soil compaction and testing. Task 3— Additional Biological Assessment Conduct additional biological assessment/vegetation mapping report of west slope beyond the City of San Juan Capistrano Terminal Reservoir property line up to the ridgeline in case grading in this area is required for the project. Task 4—Laboratory Testing Conduct additional laboratory testing to evaluate material index such as Atterberg limits, grain size distribution,expansion index, and engineering characteristics such as, consolidation,compaction, and shear strength properties. Task 5—Additional Engineering Analysis and Design The scope of the geotechnical investigation since CDM's scope of work dated March 8,2002 has changed primarily due to the newly discovered westerly landslide and the significantly larger landslide on the easterly slope of the site. The two landslides present more complex geotechnical conditions than previously anticipated in CDM's March 8,2002 Scope of Work. CDM's initial geotechnical investigation(contained in our March 8,2002 scope)was developed using the available data and was designed to evaluate the following general design areas: • East slope-presence of landslide beneath residential property and TR#1, • West slope—determine the condition of bedrock and geologic structure (i.e., orientation of bedding and joints that may impact temporary cut slopes and final design, • General geologic conditions adjacent to TR#1 to support the design of replacement TR#3 at TR#1 site, and • General site characterization including condition and depth of existing fill, alluvium and bedrock materials. Amendment No. 1 included installation of the equipment for monitoring deformation at TR#2 and additional effort for coordinating the sensitive habitat issues associated with the proposed geotechnical program in our March 8,2002 scope. Results from CDM's investigation to date indicate the following issues will impact design of TR#3 and continued long-term operation of TR#2. P:\City of San Juan Capistrano-20515\MM-Reservoir#1 ReplacementProject\tKonkacts\3.0 Client\Revised C=ent Conhac rnm drnMWo231.doc Col Mr. Peter Salgado October 15,2002 Page 4 • East Slope o The results from BA-1, BA-2,and T-1,indicate that the east slope landslide is much larger than anticipated. This structure not only impacts the design of TR#3 but may also contribute to the ongoing deformation at TR#2. o The additional borings proposed along the east side of the site will provide required information to more accurately constrain the landslide depth and horizontal limits.This data is required to perform design analysis and to prepare remedial grading design and recommendations.Without this additional information, the design of remedial grading approaches will be negatively impacted because of the adjacent residential property and potential for landslide beneath TR#2. • West Slope o The results from BA-3,T-6, and mapping in the lower drainage channel indicate that the west slope contains a landslide.The available data does allow for confident delineation.In addition,based on interpretation of geomorphic features (surface landform), the west landslide may extend beyond the location of TR#1 and well south of TR#2. o The additional borings for this area will provide subsurface information to define the north limit of the west landslide. • North Fill Embankment Slope o Investigation of this area was not permitted because of sensitive habitat,as a result there is no information on the subsurface conditions,which may include landslide debris,left in-place alluvium/weathered bedrock,and poor quality fills. o The boring recommended for this area will provide subsurface information to define the north limit of the west landslide. Field mapping in all three areas will support the interpretation of landslides for both east and west slopes. The need for additional data analysis and reporting arises from the addition of field and lab data that will require analysis,interpretation,and incorporation into the project design and report. These activities will result in the additional tabulation of data,boring log and cross section development,iterative stability analysis including shear key and buttress design,and presentation in the geotechnical report.Based on the newly discovered site conditions, namely the identification of complex landslide structures, the effort needed to provide the P:\City&San 1.Capistrano.20515\35 .Reservoir k1 Replacement Probe \I�ftacts\1.0 Client\Revised Curtest Co "t Lkmmendm WQ211.dx - CDM Mr.Peter Salgado October 15,2002 Page 5 District with an adequate design and cost effective solution to address the landslides greatly exceeds the initial geotechnical assumptions used to prepare the March 8,2002 scope of work. Upon receipt and review of the new geotechnical data,CDM will conduct additional engineering analysis to provide design based on available data.This task includes the following: • Revise/develop cross-sections for stability analysis. • Perform additional stability calculations. • Design stabilization solutions (e.g.buttress shear key and back cut calculations, design,tie-back systems,soil reinforcement,etc). • Incorporate stabilization into final design and report elements. Following the completion of the additional geotechnical investigation, CDM will meet with the District to review alternatives for landslide stabilization,stabilization of Terminal Reservoir No. 2,and location and stabilization of the proposed site of Terminal Reservoir No. 3. Task 6—Additional Report Preparation Compile newly generated geotechnical data, analysis,and findings into design report and specifications. Task 7—Meetings CDM will not increase the number of project status meetings in the scope of work. The remaining project status meetings will be spread out over the remaining design schedule. The geotechnical engineers will attend up to two additional project status meetings (4 hours each) with San Juan Capistrano representatives to present investigation results and review proposed design. Task 8 - Quality Assurance/Quality Control Provide Quality Assurance and Quality Control per CDM standard Quality Management Process protocols. Attached,please find a copy of the proposed cost spreadsheet the details the costs shown herein. CDM proposes to complete the tasks and scope of work defined above for a cost of $92,854.40. P:\City of San]uan Cnpis4azw-20515\359]]-P.eservoSx kl Replxesent Pttryect\3<rnwacts\1.0 Clia�t\ReJ,. dCwrent ContractAmtna�dmmWo211.doc CDM Mr.Peter Salgado October 15,2002 Page 6 Please review the attached cost estimate and level of effort and call the undersigned if you have any questions. CDM is ready to proceed immediately pending final confirmation that the scope and level of effort are acceptable to you,and a Notice to Proceed is issued for this work. Very truly yours, an Schure burg,P.E. Project Manager Camp Dresser&McKee Inc. cc: Amy Amirani,City of San Juan Capistrano Eric Bauman, City of San Juan Capistrano Jeff Moncrief,CDM Kevin Tirado,CDM Mike Gray,CDM File P:\City of San Juan Capistrano-20515\359T-Reservoir#1 Replacement Project\1-mntracta\1.oclmt\Revised Current ContracA and mW02ll.do[ Table 1 - Amendment No. 2 Costs CDM INC CDM GEO MERKEL&ASSOC.-ENV. Task COM CDM CDM COM Geo CDM Geo Amendment 2 TOTAL CDM ODCs CDM CDM Geo ODCs Ops TOTAL EQUIPMENT SUB Total HOURS LABOR TOTAL LABOR COSTS TOTAL Task 1-Project Management and Communication 30.00 3,880.00 232.80 4,112.80 $3,550.00 $1,050.00 $0.00 $4.600.00 $0.00 $0.00 $8,712.80 Task 2-Field Exploration(Additional Borings for Landslide Delineation 0.00 0.00 0.00 0.00 $18,420.00 $2,920.00 $20,950.00 $42,290.00 $0.00 $0.00 $42,290.00 Task 3-Additional Biological Assessment 6.00 1 660.00 39.60 699.60 $0.00 $0.00 $0.00 $0.00 $0.00 $2,150.00 $2,849.60 Task 4-Laboratory Testing 0.00 0.00 0.00 0.00 950.00 $500.00 $4.374.00 $5824.00 $0.00 $0.00 $5,824.00 Task 5-Additional Engineering Analysis and Design 8.00 970.00 58.20 1,028.20 $14,880.00 $0.00 $0.00 $14,880.00 $0.00 $0.00 $15,908.20 Task 6-Report Preparation 22.00 2,310.00 138.60 2,448.60 $6,630.00 $750.00 $0.00 $7,380.00 $0.00 $0.00 $9,828.60 Task 7-Meetings 0.00 0.00 0.00 0.00 $2,88u.00 $91.00 $0.00 $2,971.00 $0.00 $0.00 $2,971.00 Task B-Quali Assurance/Quality Control 14.00 2,170.00 130.20 2,300.20 $2,170.00 1 $0.00 $0.00 1 $2,170.00 1 $0.00 $0.00 $447020 Ammendment No.2 Total 1 80.00 19,990.00 599.40 10,589.40 $49480.00 $5311.00 $25324.00 1 $80115.00 1 $0.00 g150.00 $92854.40 AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this day of Cl by and between the Capistrano Valley Water District (hereinafter referof d to as the "CVWD") and Camp Dresser & McKee, Inc., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, CVWD and Consultant have entered into a Personal Services Agreement dated April 2, 2002 for services for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair project (CIP # 753); and WHEREAS, CVWD and Consultant agree that additional services outlined in Exhibit "A" dated August 13, 2002 are required for which extra compensation will become due. NOW, THEREFORE BE IT RESOLVED, CVWD and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work to be performed by Consultant shall consist of those tasks set forth in Exhibit "A", including additional design, biological monitoring, and completion of the Section 4(d) Habitat Loss Permit submittal to the Resources Agency for this project detailed as follows: Task 9 Terminal Reservoir No. 2 Monitoring Task 10 Impacts to Exploration Program and Additional Environmental Services 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 CVWD hereby agrees to pay the additional sum of $126,636 (one hundred twenty six thousand six hundred thirty-six dollars) for a revised total contract price of $439,856 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. ATTACHMENT SD Section 3. Relationship to Agreement Except as to Section 1 and 2 herein, all other terms and conditions of the first Agreement shall remain unchanged. Section 4. Entire Agreement This entire Agreement between CVWD 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. CAPISTRANO VALLEY WATER DISTRICT By: 'T p-& 4 Diane Bathgate, ChADhn CAMP kESSER & MCKEE, INC. By: SENlOr2 Vice �f��siAE�1T ATTEST: --:zj I L L Mar ret R. Monahan, Clerk of the Board APPROVED AS TO FORM: John R. Shaw, istrict Attorney 40 4= 1925 Palomar Oaks Way,Suite 300 Carlsbad,California 92008 tel: 760438-7755 fax: 760 438-7411 August 13,2002 Mr. Lonnie Curtis City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Subject: Terminal Reservoir Number 2 Replacement Contract Amendment No. 1, Services for TR#2 Monitoring,Biological Impacts to Exploration Program, and Section 4(d) Habitat Loss Permit Completion CDM Project No.20515-35977 Dear Mr. Curtis: 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. for the Terminal Reservoir No. 1 (TR#1) Replacement Project. During our June monthly project status meeting, the City requested that CDM prepare a scope of services and cost estimate to perform the monitoring and installation of piezometer/inclinometer services at the TR#2 site (former Task 9 listed in the initial TR#2 Repair Proposal). The purpose of this monitoring is to record,observe, and evaluate reservoir and ground deformations during operation of TR #2. CDM provided the City with a proposed amendment and cost estimate at the July monthly project status meeting. At the City's request,CDM has revised the proposed amendment eliminating specific tasks and costs and these modifications are reflected herein. These costs reflect an increase from the original contract TASK 9 costs due to additional mobilization/demobilization,erosion protection(at BA-1 access road),inclusion of groundwater monitoring permits,and increased task management requirements. Following the recent biological survey, areas of sensitive habitat (wetlands and coastal sage scrub -designated as California Gnatcatcher habitat) and birds (gnatcatchers) listed as threatened species, were identified,mapped,as well as delineated at the project site (with stakes and flagging). As a result of these biological findings, the field exploration program was delayed and modified to address all environmental concerns and comply with applicable regulations. Based on this information and related site activity limitations,unavoidable additional costs might have been incurred during performance of the exploration program. EXHIBIT "A" consulting-engineering•construction-operations CDM Mr.Lonnie Curtis August 13, 2002 Page 2 However, the City has decided to wait until the gnatcatcher breeding season concludes (on September 1, 2002) in order to avoid these additional costs. The revised scope of services for this task is presented below as Task 10. At the City's request, CDM has developed and prepared a revised scope of work and cost estimate in order to complete the proposed additional work. The following is a description of associated tasks (outlined in the attached cost estimate): RESERVOIR MONITORING Task 9-Terminal Reservoir No. 2 Monitoring Task 9.1 Monitoring Services CDM proposes to provide up to one year of monitoring services for TR#2. The integrated continuous monitoring of the inclinometer and piezometer facilities, coupled with the existing monitoring systems will provide the City with a more accurate determination of the potential source and magnitude of actual deformation at TR#2. Services include the following: • Inclinometer and Piezometer Monitoring-A total of 15 monitoring and reporting events will be conducted for one year(continuous 12 months)based on the following schedule: - Month One—weekly measurements (4 events) - Months Two through Twelve—monthly measurements (11 events). Task 9.1.2 Monitoring Equilment and Installation Piezometers and slope inclinometers will be installed using a truck mounted CME 85 hollow stem auger drill. The approximate location of the piezometers and inclinometers is illustrated on Figure 1, Proposed Geotechnical Exploration Map. The scope of work for this activity is summarized below. • Inclinometer Installation-CDM will install two 35-foot slope inclinometers to measure fill deformation along the southwest portion of TR#2. The inclinometer s will be installed along the outside edge of the reservoir perimeter service road to monitor fill deformations at TR#2. The inclinometer will be constructed using 2-inch diameter casing in flush mounted traffic-rated well boxes. • Piezometer Installation—two piezometers will be installed to measure the groundwater conditions beneath TR#2. The piezometers will be installed at depths of 15 feet and 30 feet below ground surface along the outside of the perimeter service road, as shown C1XV1 Mr.Lonnie Curtis August 13, 2002 Page 3 on the Proposed Geotechnical Exploration Map. The piezometers will be constructed using flush mount traffic-rated well boxes. Following installation,each piezometer will be developed to remove suspended and solid particles. Task 9.2 Data Collection and Reporting Following the completion of each monitoring event,CDM will prepare a letter report that summarizes the monitoring(recent and historic)results. The data results will be tabulated and graphically presented with an interpretation of the data results. For the initial report, CDM will provide the City with a draft copy for review and comment. Subsequent reports will be prepared and submitted following the City-approved format. Task 9.3 Task 9 Coordination This task includes project management activities including project tracking,scheduling, coordination with subcontractor's,financial management,and general project communications needed to complete the tasks outlined above. Task 10—Impacts to Exploration Program and Additional Environmental Services As discussed during the June 17th conference call, a qualified biologist has delineated the environmentally sensitive areas (coastal sage scrub to the north of the reservoir and the linear wetland to the west of the reservoir). One day of site clearing and preparatory work was estimated in the original contract scope-of-work cost estimate. Additional time will be required to avoid sensitive vegetated areas,property impacts/damage, and to ensure equipment mobilization. The additional tasks will include: Task 10.1 Meetings,Permits,Boring BA-1 Access and Communication This subtask includes activities associated with planning,setting operational parameters to meet environmental law,and associated permitting requirements. It also includes increased costs to access the proposed drilling site for boring BA-1. The proposed location of BA-1 is situated on a relatively steep cut slope within the boundaries of a mapped potential landslide and east of a discovered environmentally sensitive area. The presence or absence of this slide was not determined during past work conducted by the City. In addition,the geotechnical report for the upslope residence did not address any landslide related issues. CDM proposes to locate BA-1 along the Elev. 460 Ft. terrace drain (V-ditch). This boring is needed to evaluate the presence/absence of the aforementioned mapped landslide. Therefore,due to the presence of this potential landslide PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 2"d day of April. 2002, by and between the Capistrano Valley Water District (hereinafter referred to as the "CVWD") and Camp Dresser & McKee Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, CVWD desires to retain the services of Consultant regarding the CVWD's proposal to provide design services for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, CVWD and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth, described, or required to complete the work in Exhibit "A," described as the Request for Proposals (RFP) to Provide Engineering Services for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair project, dated November 20, 2001, and addendum number 1, dated December 10, 2001; and all those tasks as set forth, described, recommended, or required to complete the work in Exhibit on Exhibit 'B," described as the Consultant's proposal of January 15, 2002, the Consultants letters of clarification January 22, 2002 and, and the Consultants revised proposal of March 8, 2002; attached and incorporated herein by reference. 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. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than three hundred sixty five (365) days from the effective date of the Agreement. Subsequent to design completion, Consultant shall provide construction phase assistance for an additional 365 days. Page 1 of 7 CAtempie\0LK6333\PSA CDM1.doc SD Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be a lump sum fee in the amount of Three Hundred Thirteen Thousand, Two Hundred Twenty dollars and no cents ($313,220.00), as set forth in Exhibit "B;" attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the CVWD as a percentage of the work completed as set forth in Exhibit "B." Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the CVWD representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the CVWD. The CVWD will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from CVWD is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CVWD. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of CVWD, and shall obtain no rights to any benefits which accrue to CVWD's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for CVWD to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the CVWD. This Agreement may not be Page 2 of 7 C:\tempie\OLK6333\PSA CDM1.doc assigned, voluntarily or by operation of law, without the prior written approval of the CVWD. If Consultant is permitted to subcontract any part of this Agreement by CVWD, Consultant shall be responsible to CVWD for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and CVWD. All persons engaged in the work will be considered employees of Consultant. CVWD will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the CVWD, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CVWD, it shall immediately inform CVWD of this and shall not proceed with further work under this Agreement until written instructions are received from the CVWD. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Page 3 of 7 CAtempie\OLK6333\PSA CDM1.doc Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to CVWD at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the CVWD shall be in reproducible and electronic format. All services to be rendered hereunder shall be subject to the direction and approval of the CVWD. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the CVWD. All such reports, information, data, and exhibits shall be the property of the CVWD and shall be delivered to the CVWD upon demand without additional costs or expense to the CVWD. The CVWD acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless CVWD, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: Page 4 of 7 CAtemp1e\OLK6333\PSA CDM1.doc $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the CVWD's City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the CVWD's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/TermMation of Insurance. The above policy/policies shall not terminate, nor shall they be Page 5 of 7 CAtemp1e\0LK6333\PSA CDM1.doc cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to CVWD, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the CVWD has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. CVWD and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To CVWD: Capistrano Valley Water District 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services To Consultant: CDM 1925 Palomar Oaks Way, Suite 300 Carlsbad, CA 92008 Attn: Paul R. Brown Senior Vice President Page 6 of 7 0A1empiM0LK6333\P5A cDM1.doc Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CAPISTRANO VALLEY WATER DISTRICT B : --wgb 5�� DIANE BATHGATE, CHA CONSULTANT Camp Dresser & McKee, Inc. ATTEST: B n Arg SEA1roR ✓IcE PREs/OE=QT'et R. Monahan,ecretary APPROVED AS TO FORM: — q 4�— John R. SaWAttorney Page 7 of 7 CAtempie\0LK6333\PSA CDM1.doc �k �1�j'' �c yam. . .. ......... ACORD iA � Je R1 � � � iJ DATE CMA/DD/YV) of oz 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services, Inc. of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Zurich American Ins Co PHONE- (866) 266-7475 FAX- (866) 467-7847 A INSURED COMPANY Lloyd's of London Camp Dresser & McKee Inc. B one Cambridge Place 50 Hampshire street COMPANY Cambridge MA 021390000 USA C COMPANY D .n.S....n..n,..,..,..,..5..�..,...,_n.k:y.n..,...,:...:..:.:.....:.).:a.]:,:na:naa,...,:ao.,p..�::[:�:.a..>ax...:o[n:n::,.<..:....�....:.....:..._............ .. :>�{�� _ �':o:.w.n..<ga.:N:.R:<K:i.:i:':.'a :<.:.[q .;c..A..,A.,,�..;,.,:v...v.).,n,.....,:aa. +a.a,aa,.unc<c«Rc:a..:oc.•a.$:R:.R»ti„'.x4:.aiyx[[.a<.:«R<R<fi<R::.`.:>:mY.w.:cr_[e:<.9<.�. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPEOFTYSL1UNC'E POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIO. LIMITS LT DATE(MMIDD/YY) DATE(MMODDIVY) A GENERAL LIABILITY GLOB376632-08 01/01/04 01/01/05 GENERAL AGGREGATE $2,000,000 )( COMMERCIAL GENERAL LIABILITY Commercial General Liability PRODUCTS-COMPIOP AGO $2,000,000 CLAIMS MADE Ex-1 OCCUR PERSONAL&ADV INJURY $1,000,000 ' OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Any one lire) $100,000 MED EXP(Any one oer en) $10,000 A AUTOMOBILE LIABILITY SAP8376631-08 01/01/04 01/01/05 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BUSINESS AUTO COVERAGE ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per,,no) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accWenO PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGAT EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION AND WC 8376633-09 01/01/04 01/01/05 X WCSTATU- nTH- TORY LIMIT EMPLOYERS'LIABILITY WORKERS COMPENSATION EL EACH ACCIDENT ` `$1,000,000 THE PROP ET ETORI X INCL EL DISEASE-POLICY LIMIT $1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE, I EXCL $1,000,000 EL DISEASE-EA EMPLOYEE B QK0401367 01/01/04 01/01/05 Each Claim/Aggregate $1,000,000 ARCHITECTS & ENGINEERS E&O X Archit&Eng Prof DES C IPTIONOF AER nONSILOCATION HICLE SPECIALM'MB Evil ence 0 Insurance regardT ng t�le Terminal Reservoir No. 2 Structural and Geotechnical Investigation and Repair project. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of San Tuan CapistranoEXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL Attn Director of Administrative Seryl Ces 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 Paseo Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano CA 92675 USA OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ,.. .. a..., Certificate No: 570008363133 Holder Identifier: INSURED Camp Dresser & McKee Inc. One Cambridge Place 50 Hampshire Street Cambridge MA 021390000 USA POLICY # GL08376632-08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: CAMP DRESSER & MCKEE INC. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services office, Inc., 1984 Certificat 570008363133 Air MEMBERS OF THE CITY COUNCIL DIANE L.BATHGATE JOHN S.GELFF v WYATTHART O AVID DM 32400 PASEO ADELANTO /��,(� SAN JUAN CAPISTRANO, CA 92675111111111111 DAVID M.SWERDLIN (949) 493-1171 mumu 1961 (949) 493-1053 (SAX) 1776 INTERIM CITY MANAGER svivsv.sanj«ancapistrano.org PAMELAGIBSON December 2, 2003 Camp Dresser& Mckee, Inc. 1925 Palomar Oaks Way, Suite 300 Carlsbad, CA 92008 RE: Compliance with Insurance Requirements — Structural and Geotechnical Investigation Project—Terminal Reservoir No. 2 The following insurance documents are due to expirpe: ✓ General Liability Certificate 1/1/2004 ✓ General Liability Endorsement Form naming the City of San Juan Capistrano as additional insured. ✓ Automobile Liability Certificate 1/1/2004 ✓ Professional Liability Certificate 1/1/2004 ✓ Workers Compensation Certificate 1/1/2004 Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above expiration dates. If ou have any questions, please contact me at (949) 443-6309. in y a Secretary cc: Michelle Perea, Administrative Assistant Peter Salgado, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Dawn Schanderl To: Kathleen Springer Subject: Camp Dresser Insurance FYI: I'm not sure who dropped off the Dresser insurance but I still need a general liability endorsement form. What was attached was an endorsement form for the workers comp which we never, never, never want. Thanks 32400 PASEO ADELANTO / 1111U111111 SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 lsnnBle 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1053 (FAX) 1776 DIANE L BATHGATE 1,1 msanj sancapistran o.org �w JOHN S.GELFF WYATT HART `!� JOESO January 2, 2003 ' I DAVW M. t ( DAVID BWEROLIN CITY MANAGER ! GEORGE SCARBOROUGH Camp Dresser & McKee, Inc. 1925 Palomar Oaks Way, Suite 300 4 Carlsbad, California 92008 1 RE: Compliance with Insurance Rees uirements - Structural and Geotechnical Investigation Project - Terminal Reservoir No. 2 The following insurance documents have expired: I General Liability Certificate 1/1/2003 1/ V General Liability Endorsement naming the Capistrano Valley Water District as additional insured. V Automobile Liability Certificate 1/1/2003 rV V Professional Liability Certificate 1/1/2003 4 Workers Compensation Certificate 1/1/2003 V V Other Information: Please list the Capistrano Valley Water District as Certificate Holder Please submit updated documentation to the City of San Juan Capistrano, attention City Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by January 13, 2003. If you have any questions, please contact me at (949) 443-6310. Sincerely, ,� �� p /QW�il..� uJ� LL Dawn Schanderl Deputy City Clerk cc: Kathleen Springer Peter Salgado, Associate Engineer onuo use n San Juan Capistrano: Preserving the Past to Enhance the Future ,APQf Qa CER F IFIC 1N . ;— DATE(MMIDD/YY) .-�. .. � - 03/20/03 PRODUCER THIS CERTIFICATE IS ISMD AS A MATTER OF INFORMATION Aon Risk Services, Inc.of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY PHONE• (866)266-7475 FAX- (866)467-7847 A Zurich American Ins CO INSURED COMPANY Lloyd's of London Camp Dresser&McKee Inc. B One Cambridge Place COMPANY 50 Hampshire Street C Cambridge MA 021390000 USA COMPANY D CC THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICYNUMBER EX POLICY EFFECTIVE POLICY PIRATIO LIMITS L DATE(MMA)D/YY) DATE(MM/DD/YV) A GENERAL LIABILITY GLOB376632-07 01/01/03 01/01/04 GENERAL AGGREGATE $2,000,000 COMMERCIAL GENERAL LIABILITY Commercial General Liability X PRODUCTS-COMPIOP AGG $2,000,000 CLAIMS MADE M OCCUR PERSONAL&ADV INJURY $1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,D00,00D FIRE DAMAGE(Any one fire) $100,000 MED EXP(Any one person) $5,000 A AUTOMOBILE LIABILITY BAP8376631-07 01101103 01101/04 X ANY AUTO BUSINESS AUTO COVERAGE COMBINED SINGLE LIMIT $1,000Q00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per auident) t~ PROPERTY DAMAGE GARAGE LIABILITY ��,.'` c-,da# t AUTO ONLY-EA ACCIDENT ANY AUTO s' - 'rw` '� OTHER THAN AUTO ONLY'. 3" 1r^1 a, EACH ACCIDENT {3$ HR AGGREGAT EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM r p AGGREGATE OTHER THAN UMSR. Ilk F x. .' � X WC ST AT U- 0TH- A WORKER'S COMPENSATION AND WC 8376633-08 01/01/03 01/01/04 V IMFIR EMPLOYERS LIABILITY EL EACH ACCIDENT $1.0D0,000 THE PROPRIETOR/ X THE EL DISEASE-POLICY LIMIT $1,000,000 PARTNERVEXECUTIVE OFFICERSARE'. EXCL EL DISEASE-EA EMPLOYEE $1,000,000 B OK0301367 01/01/03 01/01/04 Ea CIainVAggregate $1,000,000 ARCHITECTS&ENGINEERS E&O X ArchR&Eng Prof DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS Evidence of Insurance regarding the Terminal Reservoir No. 2 Structural and Geotechnical Investigation and Repair project. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE Capistrano Valley Water District EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL Attn Director of Administrative Services 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 32400 Paseo Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano CA 92675 USA OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate No: 570W5525348 Holder Identifier: ENDORSEMENT Insurance for thiscoverage part provided by: PolicyNumber BAP 8376631-07 ZURICH AMERICAN INSURANCE COMPANY Renewal of Number BAP 8376631-C WAIVER OF SUBROGATION (BLANKET) This endorsment modifies insurance provided by the following: Business Auto Coverage Part Commercial General Liability .Coverage Part The following is added to the "Transfer of Rights of Recovery Against Others to Us" condition: C) . . If you .are required by a written contractor agreement,, .o which is executed before a loss, to Waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights applies only with respect to Certificates of Insurance on file with the company and shall °�bbt be construed to be a waiver with respect to any other=b erations in which the insured .has no contractual interest. INSURED COPY U-CA-388-A(07-94) Endorsement ZURICH Policy No. Eff. Date of Pol. xp. Date of Pol.1 Eff.Date of End. Producer Add'I.Prem Return Prem. WC 8376633-08 1-1-03 1.1.04 1-1-03 90-080-801 $ Is WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF SUBROGATION It is agreed that when any Named Insured is required by written contract to waive subrogation for loss covered by this policy,the Company agreed to waive any rights of subrogation It may acquire by reason of any payment under this policy. U-WC-332-A(7/94) Page 1 of t ACORU,>, CERTIFICATE LIABILITY INSURANC °AT 03120/03 Y) ........ ._..: ..-.... - 0320/03 PRODUCER THIS CERTIFICATE IS 13WD AS A MATTER OF INFORMATION Aon Risk Services, Inc.of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY PHONE-(666)266-7475 FAX- (866)467-7847 A Zurich American Ins Cc INSURED COMPANY Lloyd's Of London Camp Dresser&McKee Inc. 6 One Cambridge Place COMPANY 50 Hampshire Street C Cambridge MA 021390000 USA COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSI NS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPEOYINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPDIATIO LIMITS ITS DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GLO8376632-07 01/01/03 01/01/04 GENERAL AGGREGATE $2,000,000 Commercial General Liability X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $2,000,000 CLAIMS MADE FX 1 OCCUR PERSONAL&ADV INJURY $1,000 000 OWNER'S&CONTRACTOR'S PROT EACHOCCURRENCE $1,000,000 FIRE DAMAGE(Aw one fire) $100,000 MED EXP(Any one parson) $5,000 A AUTOMOBILE LIABILITY BAPS375631-07 01/01/03 01/01/04 �{ COMBINED SINGLE LIMIT $1,000,000 ANY AUTO BUSINESS AUTO COVERAGE ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGAT EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM STATU- 0TH-1 A WORKER's COMPENSATION AND WC 8376633-08 01/01/03 01101/04 X -VvC Y IMT ( •�' lig ��f Iii EMPLOYERSLIABILITY EL EACH ACCIDENT $1,000,000 THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT PARTNERrVEXECUTIVE $1,000,000 OFFICERS ARE I EXCL IEL DISEASE-EA EMPLOYEE $1,000,000 B OK0301367 01/01/03 01/01/04 Ea ClaieJAggregate $1,000,000 ARCHITECTS&ENGINEERS E&O X ArchitFEng Prof DESCRIPTION OF OPERATK)NSILOCATONSIVEHICLESISPECIAL ITEMS Evidence of Insurance regarding the Terminal Reservoir No. 2 Structural and Geotechnical Investigation and Repair project. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE Capistrano Valley Water District EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVORTO MAIL Attn Director of Administrative Services 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 32400 Paseo Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano CA 92675 USA OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate No: 570005526346 Holder Identifier: ENDORSEMENT Insurance to.'thiscoverage part provided by: PolicyNumber BAP 8376631-07 ZURICH AMERICAN INSURANCE COMPANY Renewal of Number BAP 8376631- WAIVER OF SUBROGATION (BLANKET) This endorsment modifies insurance provided by the following: Business Auto Coverage Part Commercial General Liability .Coverage Part The following is added to the "Transfer of Rights of C ' / Recovery Against Others to Us" condition: � - If you .are required by a written contractor agreement,, n which is executed before a loss , to 'waive your rights of recovery from others, we agree to waive our rights of 4 recovery. This waiver of rights applies only with respect to Certificates of Insurance on file with the company and shall %ot be construed to be a waiver with respect to any other >erations in which the insured .has no contractual interest. , i INSURED COPY U-CA-38&A(07-E Endorsement ZURICH Policy No. Eff. Date of Pol. jExp. Date of P01. Eff. Date of End. Producer Add'I. Prem I Return Prem. WC 8376633-M 1-1-03 1-1-04 - 1.1-03 90-060-801 Is Is WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF SUBROGATION it is agreed that when any Named Insured is required by written contract to waive subrogation for loss covered by this policy,the Company agreed to waive any rights of subrogation It may acquire by reason of any payment under this policy. U-WC-332-A(7194) Page 1 of 1 POLICY NUMBER: GLO 8376632-07 COMMERCIAL GENERAL LIABILITY CO 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of San Juan Capistrano (if no entry appears above, Information required to complete this endorsement will be shown in the Declarallons as applicable to this endorsement.) A. Section II—Who Is An Insured is amended to (1) All work, including materiels, parts Include as an Insured the person or organization or equipment furnished in shown in the Schedule, but only with respect to connection with such work, on the liability arising out of your ongoing operations project (other than service, maints- perforrned for that insured. nonce or repairs)to be performed by S. With respect to the Insurance afforded to these or on behalf of the additional In- additional insureds, the following exclusion is sured(s) at the site of the covered added; operations has been completed;or 2. Exclusions (2) That portion of "your work" out of which the injury or damage crises This insurance does notapply to 'bodily in- has been put to Its Intended use by jury"or-property damage"occurring after: any person or organization other than another contractor or subcon- tractor engaged in performing op- erations for a principal as a part of the same project. CO 20 10 10 01 61130 Properties,Inc.,2000 Page 1 of 1 6 3Jttd 6Z880L9LT9T:)WJ 1Nrcou TiN011HN:QI 8150 E0, 0IiV0 L5Z'oN 3-113 COMMON POLICY CHANGE ENDORSEMENT NAMED INSURED ENDORSEMENT EFFECTIVE DATE POLICY NUMBER CAMP DRESSER 6 MCRRE, INC. 1-1-03 GLO 8376632-07 POLICY TERM: 1-1-03 TO 1-1-04 JENDORSEMENTNUMBER 004 COVERAGE PART INFORMATION•Coverage parts affected by this change as indicated by ® below. ❑ Commercial Property x❑ Commercial General Liability ❑ Commercial Crime ❑ Commercial Inland Marine ❑ Boiler and Machinery Ej Changs Description Additional Insured - Owners, Lessees, CG 20 10, I0-01, is hereby added to she policy per the attached. Premium changes This premium does not Inolude taxes and surcharges. Additional$ Subi pct to Audit Return$ Tax and Surcharge Changes Additional$ Return$ AUTHORIZED REPRESENTATIVE U•GV-0-321•A(01/93) PAGE 1 OF 1 Z 35IJd 6Z880L9LT9T:Xtid 1Nf1000 ltjNoIitAV:QI 8T:90 £O, OVVO L9Z•oN 7113 ACD pR DATE(MhVDDIW) y I7L/rr. ON29102 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Risk Services,Inc.of Massachusetts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY Lloyd's of London PHONE-(617)482-3100 FAX- 617 542.2597 A INSURED COMPANY Zurich American Ina Co Camp Dresser&McKee Inc. B One Cambridge Place COMPANY 50 Hampshire Street C Cambridge MA 021390000 USA COLIPANV D THS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1HE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Do TYPE OF INSVRANCE RILICYNUPARR POLICYKI'li rMICY1XPIRATIw LBAITS 4TR mn IMNDA'n DAM NUMOHY) B GENERAL LIABILITY GLOB376632-06 GENERALAGGREGATE $2,000,000 Commercial General Liability 01/01/02 01/01/03 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPgP AGG $2,000,000 CLAIMS MADE MX OCCUR PERSONAL&ADY INJURY $1000000 OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Anvonefire) $100,000 MED EXP(Anv ane person) $5,000 B AUTOMOBILE LIABILITY BAP8376631-06 X ANY AUTO BUSINESS AUTO COVERAGE 01/01/02 01/01/03 COMBINED SINGLE LIMIT $1,000,000 ALL OWNED AUTOS BODILY INJU RY SCHEDULED AUTOS (Pori HIRED AUTOS BODILY INJURY NON-OW NEO AUTOS (For a ie * PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHERTHAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM 0 ]{ WC STATU- OlH-I WOriKER'S COMPENSATION AND WC 8376633-07 i EMPLOYERS'LIABILITY WORKERS COMPENSATION 01/01/02 01/01/03 EL EACH ACCIDENT $1,000,000 THE PROPRIETOR/ INCL PARTNEFLS/EX�ITTNE EL DISEASE-POLICY LIMIT $1,000,000 OFFICERS ARE EXCL EL DISEASE-FA EMPLOYE9 $1,000,000 A OB9800005 Each Cleim'Aggrogol $1,000,000 ARCHITECTS&ENGINEERS E&O 01/01/99 01/01/03 Archit&Eng Proi DESCRIPTION OF OPERATIONSILOCATIONSNEHK:LESISPECtAL ITEMS Evidence of Insurance regarding the Terminal Reservoir No.2 Structural and Geotechnical Investigation and Repair project. E SHOULD ANY OF THE ABOVE DESCRIBED POUCHES BE DANCE JFD BEFORE THE Capistrano Valley Water District EXPRATK)N DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVORTO MNL Attn:Director of Administrative Services W DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 32400 Paseo Adelanto BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Juan Capistrano CA 92675 USA OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE JC.{�VMy 119- e Certificate No: 570002645239 Holder Identifier: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 03 97 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective: Policy No. GLO8376632-06 12:01 A.M.standard time Named Insured: Countersigned by CAMP DRESSER&MCKEE INC (Authorized Representative) SCHEDULE Name of Person or Organization: CAPISTRANO VALLEY WATER DISTRICT 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 USA FOR THE PURPOSE OF THIS ENDORSEMENT ONLY your work"means: a) work,oporatians or completed operations performed by or on your behalf; and b) materials,parts or equipment furnished in connection with such work or operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"performed for that insured. CL 897(3-97) CG 20 10 03 97 Copyright,Insurance Services Office,Inc.,1996 Page 1 of 1 Transmittal cm 1925 Palomar Oaks Way,Suite 300 Carlsbad, CA 92008 760-438-7755 760-438-7411 To: Dawn Schanded, Deputy City Clerk From: W.Jeffery Moncrief Organization) City of San Juan Capistrano Address: Date: May 1,2002 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Terminal Reservoir No.2 Personal Services Agreement Job#: 0000-wjmmk-mw.wjm Via: mail., XX Overnight Couder: Enclosed please find: For your information Approved For your review XX Approved as noted For your signature Returned to you for correction Message: Enclosed are the revised insurance certificates naming "Capistrano Valley Water District." Please let me know if there are any further questions. Signed APR-18-2002 03:20PM FROM—Camp Dresser & McKee Inc 760 436 T411 T-89T P 003/004 F-835 MA1VV• •A+•M 1y�4% SS4:t 6!9N:ii0W."II :.iIk"a11ii�!'!?!•YSpm�tt!,;E;!clA!CY`�l�r!hAr^a•-.. �GlG5UN7fAQela'dilk'p'uii+M1Iil',4 "Inl3 04116/02 PRODUCER THIS CERTIFICATE I UED AS A MATTER OF INFORMATION Aon Risk Services, Inc.of Massachusefts ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 99 High Street HOLDER_ THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Boston MA 02110 ALTER THE COVERAGE AFFORDED By THE POLICIES BELOW. • COMPANIES AFFORDING COVERAGE PHONE-(617)482.3100 FAX- (617)542-2597 cOMAPANY Lloyd's of London INSURED COMPANY Zurich American Ins Co Camp Dresser&McKee Inc. 6 One Cambridge Place COMPANY11 �L 50 Hampshire Street C I, --- 14T Q q� Cambridge MA 021390000 USA 1 COMPANY 1/ •/ Dv o t iiiaesO IkP4�IIi P11 1�1i � f 41-AW911w"Y 3k@ r ERR T1,w. 1 THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE N51.)RANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_ GO TYTH Of LYsuBAncc r01,ICYNUMaPJe PDu Cv RFF9CnvE POLICVEXPIRAnOY L¢urTs Lir DATE( ivaIWY) DAMWIDbMY1 B GENERAL LIABILITY GLOBS760206 GENERAL AGGREGATE $2,000,000 Commercial General Llabillry O7Po1/02 01/01/03 X COMMERCIAL GENERAL LIABILITY PRODUCT$•COMPpP AGG ,2,000,000 I" I(.WMS MADE OCCUR PER$ONAL6ADV INJURY $i3OD0,000 OWNER'SACONTRACTOR'S PROT EACH OCCURRENCE $1.000,000 FIRE OMAAGE(MyOnS 11M) $100,000 V MED EXP(MY one parepn) $5.000 B AUTOMOBILE LABILITY BAP8370Ml-06 X ANYAUTO BUSINESS AUTO COVERAGE 0101/02 01/01/03 COMBINED SINGLE LIMIT $1,000.000 ALL OWNED AUTDS BODILY INJURY SCHEDULED AUTOS (PNP°�Ofi) HIRED AUTOS BOOLYIN, RY NOWOWNED AUTOS '/ (Pm..id.m V PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EAACCIDENT ANY AUTO OTHERTHAN MJTOONLY: I.."•EACH ACCIDENT AGGREGATE EZCESS LIAMILRY FACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM B WORKE"COMPENSATION AND WC 11376633-07 X %STA TU- nF— EMPLOWFIS'LIMILITY WORKERS COMPENSATION 01/01/02 01/01/03 EL EACH ACCIDENT $1,000,000 111E PROPR�rOR/ INCL EL DISEASE-TgLICY LIMIT PwRrNE6L+rExECIfTNE J $1.000,000 OFFICERSARE EXCL EL DISEASE-EA EMPLOYE $1000000 A CBsecows 01/01199 01/01/03 $1,000,000 Ci..MAwrWi, $1,000,000 ARCHITECTS&ENGINEERS EAO MmkAEsig Prw DE6CWPTI0,OF OPERATIONSILOCATB)IS LESI$PROAL ITEMS Evidence of Insurance regarding the Terminal Reservoir No 2 Structural and Geotechnical Investigation and Repair project. :iR'ICA R011nERS(4M&R �" A'R 'pI>BR'41Fli '22LV KCANCFl"LIGTdONif4APLWdiiCr'efiikl!IkA - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES eE CANCELLED BEFORE THE City of San Juan Capistrano EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn:Director of Administrative Services 30 GAYS WRRTEN NOTICE TG THE CERTIFICATE HOLnER NAMED TO THE LEFT, 32400 Paseo Adetanto BUT FAILURE TO MAIL SUCK NOTICE SHALL IMPOSE NO OBLIGATION OR LAe1LW San Juan Capistrano CA 92675 USA OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE IP>P1YJ0'AOf2.4$'--_- . :- "JL °:Bf •}71i?h' dlAf; :Bw" , Rwj• '�FliY. f f�(° 44�K!' 't4?l�ew[•@�I"r... :; '_ �...-,.,.,,... ._ Certhricate N0: 570002538227 Holder Identifier APR-19-2002 03:21PM FROM-Camp Dresser & McKee Inc 760 436 7411 T-99T P 004/004 F-935 THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. CG 20 10 03 97 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below_ Endorsement effective- Policy No. GLO8376632-06 12:01 A.M. standard time Named Insured, Countersigned by CAMP DRESSER& MCKEE INC (Authanzed Representative) SCHEDULE Name of Person or Organization: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 USA FOR THE PURPOSE OF THIS ENDORSEMENT ONLY"your work' means: a) work, operations or completed operations performed by or on your behalf;and b) materials, parts or equipment furnished in connection with such work or operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work'performed for that insured. CL 897(3-97) CG 20 10 03 97 Copyright, Insurance Services O81oe, inc, 1996 Page 1 of 1 APR-18-2002 03:20PM FROM-Camp Dresser L McKee Inc 760 438 7411 T-B97 P 002/004 F-935 Transmittal cm 1925 Palomar Oaks Way,Suite 300 Carlsbad.CA 92008 760-438-7755 760-438-7411 To: Dawn Schanded,Deputy City Clerk From: W.Jeffery Moncrief Organization/ City of San Juan Capistrano Address: Date: April 18,2002 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Re: Terminal Reservoir No.2 Personal Services Agreement Job#: 0000-wjmmk-mw wjm Ya: Mail: XX Overnight Couner. Enclosed please find: Certificate of Insurance for CDM For your information Approved For your review XX Approved as noted For your signature Returned to you for correction Message: Enclosed is the certificate of insurance in accordance with the terms of the personal services agreement. Please do not hesitate to contact me if there are any questions regarding the documents. Signed APR-16-2002 03:20PM FROM-Camp Dresser & McKee Inc 760 439 7411 T-687 P 071/004 F-935 CDM Fax cm 1925 Palomar Oaks Way.Suite 300 Carlsbad,CA 92008 760438-7755 760439-7411 To: Dawn Schanded,Deputy City Clerk From: W.Jeffery Moncnef Eric Bauman,Project Manager Organization: City of San Juan Capistrano Date: April 18,2002 Fax No.: 949493-1053 Time: 3:35 PM Re: Terminal No.2 Reservoir Job#: #of Pages: tndwffV ao ersl�eet) Message: Attached is the certificate of insurance for the project_The original document is being sent by mail. &IFORNIA PRELIMINARY NOTICE THIS NOTICE IS GIVEN RSUANT TO SECTIONS 3097 AND 3098 CALIFORNIA CIVIL CODE THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED: DATE: January 14,2003 THE NAME AND ADDRESS OF THE PERSON OR FIRM WHO HAS FURNISHED OR WILL FURNISH LABOR,<SERVICES, EQUIPMENT O MATERIAL OF THE FOLLOWING DESCRIPTION IS: I DESCRIPTION OF LABOR,SERVICES,EQUIPMENT OR MATERIAL: N F AMERICAN CAISSON,INC. Hourly Test Hole Drilling D 0 1 DBA THE MAHAFFEY COMPANIES Back Filling I R R 1800 S. Alameda Street V M Compton, CA 90221-4800 TMC 03-001 D <r. JOB NAME AND LOCATION: San Juan Capistrano Highland Dr Hi A Thomas J. DW er 9 L Vice President San Juan Capist, CA THE NAME AND ADDRESS OF THE PERSON WHO CONTRACTED FOR THE PURCHASE OF(PRIVATE WORKS)OR WHO WILL BE FURNISHED(PUBLIC WORKS)SUCH LABOR,SERVICES, xww+wxwwwwxwwwewwwwwww NOTICE TO PROPERTY OWNER* EQUIPMENT OR MATERIAL IS: IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, Mike Gray EQUIPMENT,OR MATERIALS FURNISHED OR TO BE FURNISHED, CDM A MECHANICS' LIEN LEADING TO THE LOSS, THROUGH COURT 100 Pringle Ave.,Ste 300 FORECLOSURE PROCEEDINGS,OF ALL OR PART OF YOUR Walnut Creek, CA 94596 PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CON- TO: OWNER,REPUTED City of San Juan Capistrano TRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF OWNER ORAGAINST THIS CONSEQUENCE BY(1) REQUIRING YOUR CON- PUBLIC ENTITY 324D0 Pasco Adelanto TRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON San Juan Capistrano, CA 92675 OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR OR(2)ANY OTHER METHOD OR DEVICE TO:ORIGINAL Camp Dresser&McKee, Inc. THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. CONTRACTOR OR (THIS STATEMENT IS APPLICABLE TO PRIVATE WORK ONLY.) REPUTED 100 Pringle Ave.,$te 300 wwwwwxxwwwwxwwxrwwwxwwx+wwxr,xwwxwxxxwwwwwxxwwxnwxwwxxwwwxxx»wxwxwwww+,wwxwwwwrwwwwxw CONTRACTOR Walnut Creek, CA 94596 TRUST FUNDS TO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE: TO: LENDER OR N/A Construct. Laborers Trust Fund REPUTED LENDER Southern Califomia Operating Engineers Trust Fund Southern Calfomia TO: SUBCONTRACTOR N/A (MATERIAL MEN NOT REQUIRED TO FURNISH THE ABOVE) ESTIMATED PRICE OF THE LABOR, SERVICES, EQUIPMENT OR MATERIAL DESCRIBED HEREIN:$20,000.00 PROOF OF SERVICE AFFIDAVIT-(SECTION 3097.1,CALIFORNIA CIVIL CODE) 1, ALY PROANO , declare that I served copies of the above PRELIMINARY NOTICE(check appropriate box). (a)[ ] By personally delivering copies to at (name(s)and titles)of persons served) On I at m. (date) (year) (time) (b) 6 First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on JANUARY 14th 2003 I declare under penalty of perjury that the foregoing is true and correct. Signed at COMPTON CA on JANUARY 14th 2003 Signature of person making service: [ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED] File No:477[CA][PUBLIC][GENERAL] Customer:C.D.M Notice Requested by and Return To: Projecl:San Juan Cap R.J.Lalonde,Inc. Rec ID:ORPOLXRMZ 2508 N.Palm Dr.Suite 200 Carl No.: Signal Hill,CA 90806 Return Receipt Requested PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) California Civil Code Sections 3098, 3111, 3241 & 3252 et Seq. THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR TO: OWNER 1.The following is a general description of OR REPUTED OWNER the labor,service,equipment or materials City Of San Juan Capistrano furnished or to be furnished by the un igned:,,. 32400 Paseo Adalto EARTH MOVING EQUIP.&OPER. Ea 9 ;70 San Juan Capistrano,CA 92675o rn C__a C_') TO: ORIGINAL CONTRACTOR 2. Estimated Price:$3,500.00 ?' —' m0 OR REPUTED CONTRACTOR` 3.The name of the person who furnishZ that labor,serve;, IM � Q7s ' ,' K Yee equipment or materials is: r C.D.M r k 7z r D 100 Pringle Ave Suit 30 R.J. LALONDE, INC. c [T1 Walnut Creek, CA 94596 LALONDE EQUIPMENT RENTALS C7 2508 N. PALM DRIVE SUITE 200 z TO: LENDER,SURETY OR SIGNAL HILL,CA 90755 " J BONDING COMPANY 4.The name of the person who contracted for purchase of that None Reported labor, service,equipment or material is: C.D.M 100 Pringle Ave Suite 300 Walnut Creek,CA 94596 5.The description of the jobsite is: San Juan Cap Highland Drive f(V'-ft1NJ 805000[(— "0 ,2_ San Juan Capistrano,CA VERIFICATION I declare that I am authorized to file this PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at SIGNAL HILL, California on 09/20/2002 for R.J. LALONDE, INC. LALONDE EQUIPMENT RENTALS. By:li. t �PJaone:(562)595-6655 Fax:(562)595-8833 ANDREA LAISUWAN,ACCOUNTING ASSISTANT PROOF OF SERVICE BY MAIL AFFIDAVIT 1, ANDREA LAISUWAN declare that I served copies of the above PRELIMINARY 20-DAY NOTICE (PUBLIC WORK) By First Class Certified Return Receipt Requested or Registered Mail service, postage prepaid, addressed to each of the parties at the addresses shown above on 09/20/2002. 1 declare under penalty of perjury that the foregoing is true and correct. By: 1 NDREA LAISUWAN,ADMINISTRATIVE MANAGER Executed at SIGNAL HILL, California on 09/20/2002. NOTICE TO PRIME OR GENERAL CONTRACTOR THIS IS NOT A LIEN. THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR. the undersigned has entered into a contract to perform labor or furnish materials for the above-described public project, and will look to you and your sureties for payment if the person ordering such materials and labor fails to pay for them. ?� k S C COI � U • � Jwa„ • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO,CA 92675IAUAPOArtfY MEMBERS OF THE CITY COUNCIL (949)493-1171 °SMf° ) (961 SAM ALLEVATO (949)493-1053 FAX 1776 DIANE L BATHOATE www.sanjuancapistrano.org WYATT HART TO JOE AVID M. September 22, 2004 DVfD SWERDLN Camp Dresser McKee 1925 Palomar Oaks Way, Ste 300 Carlsbad, CA 92008 Dear Sir or Madam: Enclosed is an executed, original amendment no. 4 to a personal services agreement for related to the Terminal Reservoir No. 2 Replacement Project. Thank you for maintaining current proof of insurance with our office. Please keep in mind, should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Peter Salgado, Associate Engineer (949) 443-6366. Yours truly, Me onah CMC Cit Clerk enc se , greement cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADEI-ANTO /,✓ �` SAN JUAN CAPISTRANO,CA 92675 IOURRDRREED MEMBERS OF THE CITY COUNCIL (949)493-1171 RUSRiR X96) SAM ALLEVATO (949)493-1053 FAX ' • )776 • DIANE L.BATHGATE iC",iiisGii(Lf(iilc,il)i S/l"oryo.org WYATT HART JOE DAVIDD M.M.SWERDLIN September 22, 2004 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On September 21, 2004 the City Council of San Juan Capistrano met regarding: "Consideration of Amendment No. 4 to a Personal Services Agreement for Construction Engineering Services for the Terminal Reservoir No. 3 Project (Camp Dresser and McKee, Inc.) (CIP#753)" Item No. D6. The following action was taken at the meeting: Amendment No. 4 with Camp Dresser and McKee, Inc., in the amount of $209,987 for construction engineering services for the Terminal Reservoir no. 3 project, approved; the Mayor authorized to execute the Amendment; and the City Manager authorized to approve necessary changes to the agreement within the project budget. The following documents are in the process of being executed: Amendment No. 4. If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 443-6366 for more detailed information. Thank you, 6167 Mitzi OrtizGJ Deputy City Clerk Cc: Camp Dresser and McKee, Inc.; Amy Amirani, Public Works Director; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future • 9/21/2004 AGENDA REPORT D 6 TO: Dave Adams, City Manager 9^ FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Amendment No. 4 to a Personal Services Agreement for Construction Engineering Services for the Terminal Reservoir No. 3 Project (Camp Dresser and McKee, Inc.) (CIP# 753) RECOMMENDATION: By motion, 1. Approve Amendment No. 4 with Camp Dresser and McKee, Inc. in the amount of $209,987 for Construction Engineering Services for the Terminal Reservoir No. 3 Project; and, 2. Authorize the Mayor to execute the Amendment, and authorize the City Manager to approve necessary changes to the Agreement within the project budget. SITUATION: A. Summary and Recommendation This project will replace the existing Terminal Reservoir No. 2, which has sustained structural damage due to differential settlement. The new facility will be a six (6) million gallon pre-stressed concrete reservoir, referred to as Terminal Reservoir No. 3. Construction engineering services are required for the project. Camp Dresser and McKee, Inc. (CDM), the engineer of record, has submitted a total cost proposal of $209,987. Staff has reviewed this cost proposal and finds it to be reasonable for the scope of work. Staff recommends that the City Council approve Amendment No. 4 (Attachment 1) with CDM. B. Background The City owns two existing reservoirs located side by side in the Mission Hills Area: Terminal Reservoir No. 1 (T1) and Terminal Reservoir No. 2 (T2). T1 is a two (2) million gallon (MG) reservoir that is no longer in operation and T2 is a ten (10) MG reservoir that is currently in use. In the early spring of 1997, leaking was discovered in T2. Investigation and remedial repairs were completed in the spring and summer of Agenda Report • • September 21, 2004 Page 2 1997. T2 did not show any sign of leaking until February 2001 when a crack was noted in the floor of the reservoir during inspection. The crack was repaired immediately. However, since this repair, T2 has experienced continued settlement. Based on these findings, staff issued a Request for Proposal (RFP) for design services and obtained the services of Camp Dresser and McKee, Inc. (CDM) to provide engineering design services for the replacement of T2. The scope of work included geotechnical and structural testing and analysis, and preparation of the design and contract documents for a new replacement facility, referred to as Terminal Reservoir No. 3 (T3). T3 will be a new six (6) MG pre-stressed concrete reservoir to be constructed on the site presently occupied by T1. This will allow for continued use of T2 during the construction period, avoiding serious disruptions to domestic water service. T1 will be demolished to allow for construction of T3, and once T3 is completed and in service, T2 will be taken out of operation and abandoned in place. On July 20, 2004, the City Council approved the project plans and specifications and authorized the City Clerk to solicit bids for the project. Bids were opened on August 31, 2004, and the lowest responsive and responsible bid was submitted by Gateway Pacific Contractors, Inc for a total of $10,527,276. The construction contract is scheduled to be presented to the City Council for consideration at the September 21, 2004, Council meeting. The Notice to Proceed for construction of the project is scheduled to be issued in early October 2004. Substantial completion of the project is scheduled for early September 2006. Construction engineering support services are required for the project. These services include reviewing and responding to any design related Requests for Information (RFI); preparing and issuing design addenda if required; reviewing and approving contractor submittals and shop drawings; reviewing change order requests from the contractor; conducting interim site inspections to resolve any design related issues; attending construction progress meetings; conducting final inspections and preparing a punch list during the project close-out period. The aforementioned construction engineering services shall be provided by CDM under the recommended Amendment No. 4 to their Personal Services Agreement with the City. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: This item was scheduled to be presented to the Water Advisory Commission at their August 24, 2004, meeting. However, due to lack of quorum, staff adjourned the meeting to September 28, 2004. Given the critical nature of this project, staff does not recommend delaying presentation of CDM's Amendment to the City Council for consideration. Staff has scheduled a special Water Advisory Commission meeting prior to the City Council Meeting to present the Amendment to the Commission for their Agenda Report . • September 21, 2004 Page 3 consideration. Staff will provide the City Council with an update of the Commission's recommendation. The Planning Commission reviewed the Domestic Water Master Plan at their April 27, 2004, meeting and determined that the master planned water facilities, including Terminal Reservoir No. 3, are consistent with the City's General Plan. Therefore, as required by the Governmental Code Section 65401, this project has been deemed consistent with the General Plan. FINANCIAL CONSIDERATIONS: The City's Domestic Water Master Plan, which was adopted in May 2004, includes a total of $15 Million for the Terminal Reservoir No. 3 Project under CIP# 753. Of this amount, $342,000 was allocated for FY 2003/2004 expenditures and $14,658,000 is allocated for projected expenditures from FY 2004/2005 through completion of the project. The amount of $14,658,000 is identified in the 7-Year Capital Improvement Budget adopted in June 2004. CDM's Amendment No. 4 for a total of $209,987 is within the budgeted amount of $14,658,000. This amount will be financed through adopted rate increases and bonds issued in early September 2004. NOTIFICATION: Camp Dresser and McKee, Inc. Agenda Report • • September 21, 2004 Page 4 RECOMMENDATION: By motion, 1. Approve Amendment No. 4 with Camp Dresser and McKee, Inc. in the amount of $209,987 for Construction Engineering Services for the Terminal Reservoir No. 3 Project; and, 2, Authorize the Mayor to execute the Amendment, and authorize the City Manager to approve necessary changes to the Agreement within the project budget. Respectfully submitted, Prepared by, Amy Amirani e r S g o Public Works Director Se for ivil ngineer AA/PS:mp Attachments: 1. Amendment No. 4 2. Location Map AMENDMENT NO. 4 TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this_day of 2004 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 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 ATTACHMENT ? "A". 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. CITY OF SAN JUAN CAPISTRANO By: JOE SOTO, Mayor CAMP DRESSER & MCKEE, INC. By:,L?� � ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R SYaw, City Attorney 2 1925 Palomar Oaks Way,Suite 300 Carlsbad,California 92008 tel: 760 438-7755 fan: 760 438-7411 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 t'iXI41AT— "^t 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 RFIs 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 project's 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. 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 cos&f 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. 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, ew�: ll JI, 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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INIIl001�,N - IN 9= 11 IHIIIINNIIillll IIIB�A11199111901 ON a1111an INNNII li INIIN m NIIININNIiil9�9 -NIINNIINNIIN NNNIINNN m INNm�msA a�ISNINSNNl9 N IIIINI N NI IIIA S I III IIISINIIIII VIII VIII NII I ANIIII= IIIN -11011MII THE CITY 4F a SAN JUAN CAPISTRANO g Project Site fJNAN � b Y J ,t610� � er R } .� 6 a, J" fir 0 3000 6000 9000 Feet ATTACHMENT 32400 PASEO ADELANTO ,:✓ SAN JUAN CAPISTRANO,CA 92675 ! mUnvoAAtFo MEMBERS OF THE CITY COUNCIL (949)493-1171 1776Fo 1961 SAM ALLEVATO (949)493-1053 FAX DIANE L.BATHGATE If H'IP..Sgy)�tlQIYCRplSIYCt!]O.0)"{' _ WYATT HART • • JOE SOTO DAVID M.SWERDLIN NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 21, 2004 in the City Council Chamber in City Hall, to consider: "Consideration of Amendment No. 4 to a Personal Services Agreement for Construction Engineering Services for the Terminal Reservoir No. 3 Project (Camp Dresser and McKee, Inc.) (CIP#753)" — Item No. D6 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, September 20, 2004 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanmuancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas a0sanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Camp Dresser and McKee, Inc.; Amy Amirani, Public Works Director; Peter Salgado, Senior Civil Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future CITY CLERK'S DEPARTMENT-ACTION REMINDER TO: Eric Joseph, Water Services Manager FROM: Mitzi Ortiz, Deputy City Clerk DATE: March 15, 2004 SITUATION: At their meeting on April 2, 2002 the Board of Directors of the Capistrano Valley Water District approved an agreement with Camp Dresser & McKee, Inc. to provide design services for the Terminal Reservoir No. 2 Structural and Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days. (April 2, 2004). Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: 9;-1/FW / •S jr-&c PM&4WJ C r«f 9-gt4yfix� se3)6/I cE3 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATESIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: ON15/04 Deadline Date: 04/02/04 cc: Department Head (600.701camp dresser) • • 7/15/2003 AGENDA ITEM G 3a TO: George Scarborough, City Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Amendment No. 3 to the Agreement for the Terminal Reservoir No. 2 Replacement Project (CIP No. 753) (Camp Dresser and McKee Inc.) RECOMMENDATION: By motion, 1. Ratify expenditures for land surveying and additional environmental consultant and geotechnical investigations services in the amount of $95,425.00; approve additional engineering design services in the amount of $155,252.00 for the Terminal Reservoir No. 2 Replacement Project; and authorize the Mayor to execute Amendment No. 3; and 2. Appropriate $150,000 from the Capital Improvement Fund Reserve to CIP No. 753. SITUATION: The City owns two existing reservoirs, located side by side in the Mission Hills Area: Terminal Reservoir No. 1 (T1) and Terminal Reservoir No. 2 (T2). T1 is a 2 million gallon (MG) reservoir that is not operational since its high water elevation (416 feet amsl) is lower than T2's high water elevation (425 feet amsi). In addition, T1 also has some minor leaking. T2 is a 10 MG reservoir that is currently in service, but it has sustained damage due to differential settlement. In the early spring of 1997, leaking was discovered in T2. Investigations and remedial repairs were conducted in the spring and summer of 1997. In February 2001, a crack was noted in the floor of the reservoir during a dive inspection, and the crack was repaired. Shortly after the repair, a displacement monitoring program was implemented. The results of the monitoring program provided convincing evidence that T2 displayed signs of steady displacement that would lead to failure of the reservoir. The initial scope of the project focused on the repair and rehabilitation of T2. However, after further evaluation, it was determined that T2 was unsalvageable; and replacing T2 with a new 10 MG reservoir (T3) would provide the City with a more cost-efficient, durable, and sustainable facility. Evaluation of the displacement data at T2 showed that the settlement was much larger than any examination had previously discovered, which FOR CITY COUNCIL AGIA. • Agenda Item • • July 15, 2003 Page 2 necessitates not only the design and construction of a new reservoir, but the remediation of the site's geotechnical problems. T3 will be constructed on the site presently occupied by T1. This will allow for the continued use of T2 during the construction period, avoiding serious disruptions to domestic water service. T1 would be demolished to allow construction of T3. Once T3 is completed and in service, T2 will be taken out of operation and demolished. The demolition of T2 will allow for the future construction of a new non-domestic reservoir. On April 2, 2002, the City of San Juan Capistrano entered into an agreement with Camp Dresser & McKee Inc. (CDM) for geotechnical and engineering design services for a total amount of $313,220. To date, the City has executed two amendments for $219,490 for additional geotechnical investigation and environmental services required for the project, bringing the total cost to date to $532,710. During the preliminary stages of the geotechnical investigations, CDM discovered existing landslides on the eastern, northern, and western portions of the site. Also, as part of their investigation, CDM augmented the displacement monitoring program at T2 by installing two additional slope inclinometers. Recent readings from these inclinometers show that T2 has continued to move in a southwesterly direction with the potential for further movement. The construction of T3, demolition of T2, and the construction of a new non-domestic reservoir, will therefore require complex slope stabilization measures to minimize the potential for liability from geotechnical failures in the future. Although the design effort is progressing, staff has evaluated five alternate sites for T3 in light of the geotechnical issues associated with the current site. Of the five evaluated, none were found to be more cost-efficient than the current site. Each alternate site required geotechnical remediation and more extensive earthwork and site improvements than the proposed site. Discovery of the existing landslides, continued displacement of T2, and unanticipated ancillary site work have led to the following design changes: Land Surveying Services Remedial grading work needed to stabilize existing landslides, as well as site improvements associated with construction of the new reservoir, will extend beyond areas included in the original contract. The revised extent of the grading necessitates additional topographical surveys than were originally proposed and more accurate survey work than currently in our possession. It was also determined that temporary and permanent easements from properties surrounding the project site will be required. This will in turn require the preparation of legal descriptions and title reports for each easement. Agenda Item • • July 15, 2003 Page 3 The expanded topographic survey and preparation of legal easement documents will be completed by CDM for a total cost of $30,100. These services are critical to the progress of the design and have been authorized. Staff is requesting ratification of this expenditure as part of CDM's Amendment No. 3 (Attachment 1). Environmental Consultant Services The City currently holds a Section 4(d) Habitat Loss Permit issued by U.S. Fish and Wildlife Service which allows the removal of existing Coastal Sage Scrub within the reservoir property line. Coastal Sage Scrub is breeding habitat for the California gnatcatcher and is considered environmentally sensitive. Remedial grading work needed to stabilize existing landslides may result in impacts to other environmentally sensitive habitat surrounding the reservoir site. As a result, additional environmental permits will need to be processed to allow grading and construction of the new reservoir. These permits include the California Fish and Game Section 1603 — Streambed Alteration Agreement and Clean Water Act Section 401 and 404 Permits. CDM will complete the required additional permits for a cost of $28,228. These permits have lengthy processing times and may impact completion of the bid documents. We have authorized CDM to begin processing these permits to minimize potential impacts to the design schedule. Staff is requesting ratification of this expenditure as part of Amendment No. 3. Geotechnical Investigation Services On March 12, 2003, CDM submitted a draft geotechnical report for review. To assist the City in reviewing the technical aspects of CDM's report, staff obtained the services of Lawson Geotechnical Consulting (LGC) through the City's as needed geotechnical review and plan check agreement. Based on their expertise and extensive local geotechnical experience, LGC strongly recommended that additional borings east of the reservoir property line be performed to further identify the characteristics of the existing landslide. CDM concurred with LGC and recommended to the City that one additional boring along Highland Avenue be performed. Information obtained from this additional boring may prove critical to successfully formulating effective and cost-efficient slope- stabilization measures. CDM will complete the additional geotechnical investigation services for a total cost of $37,097. Staff has authorized this work to minimize impacts to the progress of the design and is requesting ratification of this expenditure as part of CDM's Amendment No. 3. Agenda Item • • July 15, 2003 Page 4 Hazardous Materials Survey T1 and T2 will be demolished as part of the project. Given that these structures were built over thirty years ago, hazardous materials may be present. This survey will confirm the presence of and identify the type of hazardous materials so they can be addressed as part of the plans and specifications. CDM's cost proposal for this work is $4,550. Staff is requesting approval for these services as part of CDM's Amendment No. 3. Additional Civil Engineering During the course of the design, it was determined that the existing 4,800 feet of access road from Mission Hills Avenue to the reservoir site needs to be paved and repaired. Only 1,200 feet of the road is paved, and during recent rain events, soil erosion and muddy conditions prohibited access to the reservoir site. Paving the unpaved sections and implementation of effective surface drainage will allow convenient access to the site even during rain events. Additional Civil Engineering design services are required for the paving and repair of the existing access road from Mission Hills Avenue to the reservoir site. CDM's cost proposal for this design work is $5,682. Staff is requesting approval for these services as part of CDM's Amendment No. 3. Chloramine Generator System Design Staff has determined the need for a chloramine generator system to maintain desired chlorine levels and improve water quality within the reservoir. The City has a similar system at the North Open Space Well, and chloramine generator systems have been implemented by neighboring water districts at their new reservoir facilities. Additional mechanical and structural engineering design services are required for the proposed chloramine generator system, as well as an enclosed structure to house the generator system. CDM's cost proposal for this design work is $51,938. Staff is requesting approval for these services as part of CDM's Amendment No. 3. Additional Electrical Engineering During the course of design, it was determined that additional lighting and an intrusion alarm system are required for the reservoir site. Also, the proposed chloramine generator system will require increased site electrical requirements. CDM's current scope of work does not include electrical engineering design services for these items. CDM's cost proposal for this design work is $16,075. Staff is requesting approval of these services as part of CDM's Amendment No. 3. Agenda Item • • July 15, 2003 Page 5 T2 Backfill and Future Reservoir Pad Design As previously mentioned, T2 will be demolished upon completion of T3, and the vacated site may be used for a future non-domestic reservoir. Backfilling of the vacated site, with engineered fill and construction of the pad for the future reservoir will be included in this project. Slope inclinometers at T2 have shown continued displacement with the potential for further movement. It is suspected that the existing landslides discovered during CDM's preliminary investigations are contributing to the displacement. Therefore, as with the construction of T3, CDM has recommended that slope stabilization measures be implemented at the T2 site as part of the backfilling work and the construction of the pad for the future reservoir. This will minimize the potential for liability from future geotechnical failures. CDM's design work for the slope stabilization at T2 will include three additional geotechnical borings and the installation of two additional inclinometers. Two of the three borings will require encroachment upon a vacant privately owned lot, east of the T2 site. Staff will discuss the proposed geotechnical investigation and monitoring with the owner of the vacant lot, and request their permission accordingly. Should the owner not grant permission, CDM will formulate alternative methods to gather the required data. CDM's cost proposal to design the slope stabilization measures, T2 backfill, and pad for the future reservoir is $87,353. Staff is requesting approval of these services as part of CDM's Amendment No. 3. Constructability Review Finally, staff is considering the services of a construction management firm to perform pre-bid constructability reviews of the plans and specifications prepared by CDM. Their expertise and input during the preparation of the construction documents will reduce the potential for cost and schedule impacts during construction. These services are estimated at $15,000. Other Future Work There is additional future work that is needed which is not currently included in this proposal and is indicated as follows: preparation of easement documents to acquire rights to install a network of monitoring instrumentation points near several property owners surrounding the site, preparation of legal descriptions for subject easements, and the installation and monitoring of additional borings around the site. Agenda Item • • July 15, 2003 Page 6 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: This item was presented to the Water Advisory Commission at its meeting on June 24, 2003, at which time they recommended approval by the City Council. FINANCIAL CONSIDERATIONS: CDM's current contract amount, and potential cost increases are detailed as follows: Base Contract: $313,220.00 Amendment No. 1 $126,636.00 Amendment No. 2 $ 92 854.40 Total Contract to Date: $532,710.40 Additional services to be ratified for Amendment No. 3: Services Amount Land Surveying $ 30,100.00 Environmental Permits $ 28,228.00 Geotechnical Investigation $ 37,097.00 Subtotal $ 95,425.00 Additional services pending approval for Amendment No. 3: Services Amount Hazardous Materials Survey $ 4,550.00 Civil Engineering $ 5,682.00 Chloramine Generator System $ 51,938.00 Electrical Engineering $ 16,075.00 T2 Backfill and Pad Design $ 87,353.00 Credit (Monthly status reports) ($ 10,346.00) Subtotal $155,252.00 Total for Amendment No. 3: $250,677.00 Total of Potential Contract: $783,387.40 The Water Replacement Fund allocates $791,607, under CIP No. 753, for engineering design costs associated with the replacement of Terminal Reservoir No. 2. There are sufficient funds to cover the expenditures to be ratified. However, an additional $150,000 will need to be appropriated from the Capital Improvement Fund Reserve to cover the additional services pending approval. NOTIFICATION: Camp Dresser and McKee Inc. Agenda Item • • July 15, 2003 Page 7 ALTERNATE ACTIONS: 1a.)By motion, ratify expenditures for land surveying and additional environmental consultant and geotechnical investigations services in the amount of $95,425.00; approve additional engineering design services in the amount of $155,252.00 for the Terminal Reservoir No. 2 Replacement Project; and authorize the Mayor to execute Amendment No. 3. b.)Appropriate $150,000 from the Capital Improvement Fund Reserve to CIP No. 753. 2.) Request additional information from staff. RECOMMENDATION: By motion, 1. Ratify expenditures for land surveying and additional environmental consultant and geotechnical investigations services in the amount of$95,425.00; approve additional engineering design services in the amount of $155,252.00 for the Terminal Reservoir No. 2 Replacement Project; and authorize the Mayor to execute Amendment No. 3; and 2. Appropriate $150,000 from the Capital Improvement Fund Reserve to CIP No. 753. Respectfully submitted, Prepared By, . * tW,--) irani P er do Public Works Director ssoci to E gineer Attachments: 1. Amendment No. 3 2. Location Map Jwa, 32400 PASEO ADELANTO /� IAtIAAAllltl SAN JUAN CAPISTRANO, CA 92675 ISIIItIfAll ' 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 - INANE L BATHGATE (949) 493-1053 (FAX) JOHN S,GELFF 11'11'11'.fGryJ I(OYICOPlS(Yptt O.OYg MATT HART JOESOT• MATTO DAVID M.SWERDLIN CITY MANAGER July 18, 2003 GEORGESCARBOROUGH Camp Dresser and McKee Inc. 1925 Palomar Oaks Way, Ste 300 Carlsbad, CA 92008 Attention: William J. Moncrief, P.E Dear Mr. Moncrief: A fully executed, original Amendment No. 3 to Personal Services Agreement related to the Terminal Reservoir No, 2 Replacement Project (CIP No. 753) is enclosed for your records. We have current evidence of insurance as required by the agreement. Please keep in mind that this documentation must be maintained current with our office, or all work under this agreement must stop and all payments for services rendered will be withheld, until these documents are brought current. You may proceed with work under this agreement in coordination with the Project Manager, Peter Salgado, Associate Engineer (949) 443-6366. Yours truly, %en enclosed: Agreement cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director ortuo 531 IS San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO I IAINIIOR,III SAN JUAN CAPISTRANISTRANO, CA 92675 [DIIDSNB t961 MEMBERSOFTHEGWCOUNCIL (949) 493-1171 1776 DIANE L.BATHGATE (949) 493-1053 (FAX) JOHN S.GELFF IVII'1 V.SC1YIj([RNCOplS1YNNO.OYg HART JOE SO JOE ROTO DAVID M.SWEROLIN CITI'MANAGER July 16, 2003 GEORGESCARBOROUGH NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On July 15, 2003 the City Council of San Juan Capistrano met regarding: "Consideration of Amendment No. 3 to the Agreement for the Terminal Reservoir No. 2 Replacement Project (CIP No. 753) (Camp Dresser and Mckee Inc.)" Item No. G3a The following action was taken at the meeting: Expenditures of land surveying and additional environmental consultant and geotechnical investigations services ratified in the amount of $95,425.00; additional engineering design services, in the amount of $155,252.00 approved for the Terminal Reservoir No. 2 Replacement Project; the Mayor authorized to execute Amendment No. 3; and $150,000 appropriated form the Capital Improvement Fund Reserve to CIP No. 753. If you have any questions regarding this action, please contact Amy Amirani, Public Works Director at 443-6366 for more detailed information. Thank you, M g M ahan, CMC -ty Cl rk Enclosed: Cc: Camp Dresser and McKee Inc.; Amy Amirani, Public Works Director onuo us¢ to San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO W111111111 SAN JUAN CAPISTRANO, CA 9267$ 13111t13111 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 DIANE L BATHGATE (949) 493-1053 (FAX) JOHNS.GELFF uv,Hsanj u uncap istrano.org W VATT HART O AVID M DAVID M.SWEROLIN CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on July 15, 2003 in the City Council Chamber in City Hall, to consider: "Consideration of Amendment No. 3 to the Agreement for the Terminal Reservoir No. 2 Replacement Project (CIP No. 753) (Camp Dresser and Mckee Inc.)" — Item No. G3a If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, July 14, 2003 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak' form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Amy Amirani, Public Works Director. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasCa sanivancapistano.ora. Meg Monahan, CMC City Clerk cc: Camp Dresser and McKee Inc.; Amy Amirani, Public Works Director " Received staff report onuo use is San Juan Capistrano: Preserving the Past to Enhance the Future 3. IMPROVEMENT AND REIMBURSEMENT AGREEMENT FOR WATER FACILITIES APPROVED WITH KB HOME COASTAL INC., IN THE AMOUNT OF $9,672.13 FOR TRACTS 15858 AND 15998; CHAIRMAN AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE DISTRICT; AND CITY CLERK DIRECTED TO PROCESS RECORDING OF THE DOCUMENT. (600.70) (CONTINUED FROM OCTOBER 15, 2002) 4. PAYMENT OF FEES FOR HABITAT LOSS MITIGATION PLAN MEASURES FOR THE TERMINAL RESERVOIR NO. 2 PROJECT APPROVED IN THE AMOUNT NOT TO EXCEED $19,000 PAYABLE TO THE NATURE CONSERVANCY; AND, $19,000 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP NO. 753. (530.25) 5. AMENDMENT NO. 2 APPROVED TO THE AGREEMENT WITH CAMP DRESSER & MCKEE INC., IN THE AMOUNT OF $92,854.40 FOR THE TERMINAL RESERVOIR NO. 2 STRUCTURAL AND GEOTECHNICAL INVESTIGATION PROJECT; AND, $92,854.40 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP NO. 753. (600.70) 6. RESOLUTION NO. CVWD 02-11-05-02 ADOPTED ENTITLED "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT; AUTHORIZING THE EXECUTION AND DELIVERY OF A QUITCLAIM DEED IN CONNECTION WITH THE ISSUANCE OF LEASE REVENUE BONDS BY THE SAN JUAN BASIN AUTHORITY (GROUND WATER RECOVERY PLANT) (TIRADOR WELL SITE, #1 WELL SITE, SJBA#2 AND #4 WELL SITES)." (670.55) Descriotion: The Tirador Wellsite, CVWD #1 Well Site, SJBA #2 and #4 are currently owned by the District. At some time in the future all property owned by the District will be transferred to the name of the City as part of the final District dissolution into a Water Enterprise Fund of the City. Staff recommends quitclaiming these sites in connection with the issuance of up to $32 million of Lease Revenue Bonds by the San Juan Basin Authority pertaining to the Phase 1 of the Ground Water Recovery Plan project. Written Communication: Report dated November 5, 2002, from Cynthia L. Russell, Administrative Services Director. Board Comments: Director Swerdlin stated he would not support the project due to the associated risks. Board Action: Moved by Campbell, seconded by Director Hart and carried 4-1 to adopt Resolution No. CVWD 02-11-05-01 entitled "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT CVWD Minutes 2 11-5-02 11/5/2002 AGENDA ITEM cvwd B 5 TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Amendment No. 2 to the Agreement for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation Project (Camp Dresser & McKee Inc.) (CIP #753) RECOMMENDATION By motion, 1. Approve Amendment No. 2 to the Agreement with Camp Dresser & McKee Inc. in the amount of $92,854.40 for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation Project, and 2. Appropriate $92,854.40 from the Water Capital Improvement Fund to CIP #753. SITUATION On April 2, 2002, the Capistrano Valley Water District (District) entered into an agreement with Camp Dresser & McKee Inc. for geotechnical investigation and structural design services in the amount of $313,220. During the initial stages of the project, CDM identified the need for additional displacement monitoring at Terminal Reservoir No. 2 (T2), biological monitoring, and processing of the Section 4(d) Rule Habitat Loss Permit, administered by the U.S. Fish and Wildlife Services and the CA Department of Fish & Game (Wildlife Agencies). On September 3, 2002, the District Board approved Amendment No. 1 to the Agreement with CDM to provide additional displacement and biological monitoring and environmental services in the amount of$126,636. On October 4, 2002, CDM completed their geotechnical site investigations and presented their findings to Public Works staff. CDM recommended that additional geotechnical investigation be performed to better ascertain the stability of the existing slopes on both sides of the reservoir site. CDM expressed their professional opinion FOR CITY COUNCIL AGENDA Page•2 • • November 5, 2002 that movement of these slopes may be contributing to the displacement of T2. Staff has negotiated with CDM to provide additional geotechnical site investigation services in an amount not to exceed $92,854.40 (Attachment 1). The total contract cost with CDM, including Amendment No. 2, is $532,710.40, which is detailed as follows: 1. Base contract: $313,220.00 2. Amendment No. 1: $126,636.00 3. Amendment No. 2: $ 92,854.40 Total Contract: $532,710.40 COMMISSION RECOMMENDATIONS The status of the monitoring has been continually presented to the Water Advisory Commission. FINANCIAL CONSIDERATIONS There are sufficient funds available in the Water Capital Improvement Fund to appropriate $92,854.40 for Amendment No. 2 to the CDM Agreement. NOTIFICATION Camp Dresser & McKee Inc.' ALTERNATE ACTION 1. Approve Amendment No. 2 to the Agreement with Camp Dresser & McKee Inc. in the amount of $92,854.40 for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation Project, and 2. Appropriate $98,854.40 from the Water Capital Improvement Fund to CIP #753. 3. Request additional information from staff. P\publicworks\pwshared\agenda\021105\T2 Amend2 Item.doc Page- 3 • November 5, 2002 RECOMMENDATION By motion, 1. Approve Amendment No. 2 to the Agreement with Camp Dresser & McKee Inc. in the amount of $92,854.40 for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation Project, and 2. Appropriate $92,854.40 from the Water Capital Improvement Fund to CIP #753. Respectfully submitted, Prepared by, a" aAV� Amy Amirani er do Public Works Director Associ ngineer Attachments: 1. Amendment No. 2 2. Location Map P\publicworks\pwshared\agenda\021105\T2 Amend2 Item.doc CD1 1925 Palomar Oaks Way,Suite 300 Carlsbad,California 92008 tel: 760438-7755 fax: 760 438-7411 October 15,2002 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.2, Additional Geotechnical Investigation for Landslide Delineation 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. for the Terminal Reservoir No. 1 (TR#1) Replacement Project. During our October 4w project status meeting,the City requested that CDM prepare a scope of services and cost estimate (Amendment No. 2) to conduct additional geotechnical and biological field investigation and engineering analysis to assess the geologic conditions and site mitigation schemes at Terminal Reservoir No. 3 (TR#3) and existing TR#2. Results from our geotechnical exploration indicate the presence of landslides along the east and west canyon slopes. However, the geometry and limits of these structures are poorly constrained and thus limit our ability to provide an effective design solution. To adequately delineate the landslide limits,provide adequate design recommendations,additional field exploration, laboratory testing, and engineering evaluation will be required. The following sections present CDM's proposed scope of work and our cost estimate is summarized in Table 1 (attached). Figure 1 (attached) indicates the proposed exploration locations. Task 1 - Project Management and Communication Project management activities including project tracking, scheduling,subcontractor coordination, financial management,and general project management,communications and coordination needed to complete the additional geotechnical investigation effort as outlined below. It is anticipated that these geotechnical services will take about 6 weeks to perform and the project schedule will be extended for this amount of time.In order to minimize the P:\Cily of Sen Juan Capistrano-20515\359n-Reservoir#1 Replacement Projecnl-contracts\1.0 CliennRevisea Current ContmatAmmenci lfJo211.doc EXHIBIT "A" consulting-engineering•construction•operations CDM Mr. Peter Salgado October 15,2002 Page 2 additional project management effort during this period,project schedule updates for the remainder of the design effort will be provided when significant revisions are required. Task 2—Additional Geotechnical Borings for Landslide Delineation Conduct additional geotechnical investigations to evaluate identified failures along the canyon slopes. In all,CDM plans to conduct six bucket auger borings,depth totaling approximately 460 feet. All boreholes will be down-hole logged and sampled consistent with our initial investigation. Considering that the site contains areas of sensitive habitat,two mobilizations will be discussed below. The proposed geotechnical investigation consists of the following tasks. East Slope Landslide Evaluation: • Meet onsite with City/driller/dozer to confirm exploration locations proposed by CDM and verify access • Use small dozer to construct access road for drill sites. • Drill two 80-foot bucket auger borings using a limited access drill rig with boring locations below the upper V-ditch. • Drill one 40-foot bucket auger boring on east side of TR#2 to establish limits of east slope landslide. • Down hole log each boring. West Slope Landslide Evaluation: • Meet onsite with City/driller/dozer to confirm exploration locations proposed by CDM and verify access. • Use small dozer to construct access road for drill sites,if needed. • Drill two 100-foot bucket auger borings using standard drill rig within existing horse trail (City to verify this method suitable). • Drill one 60-foot boring along project northern limits of landslide (approximately 80 feet upstream from concrete culvert). • Down hole log each boring. Please note that the City of San Juan Capistrano needs to verify that the use of the existing horse trail as a drill pad is acceptable prior to starting the investigation. Erosion Protection—East Canyon Slope Soil excavated along for the east slope access road and drill pad will be replaced using a small bulldozer. Following replacement of the soil, up to 10,000 ftz of erosion control blankets (jute mats)will be installed and secured over the newly exposed soil surface from the access road P:\City of San Juan Capistrano-20515\359T-Reservoir Ml Replacement Rojed\l<outraas\1.0 Client\Revised Current CouniWanni n WnWo211AM C�Mwl Mr. Peter Salgado October 15, 2002 Page 3 construction to reduce erosion during the upcoming rainy season. Note that the installation of erosion control blankets does not include soil compaction and testing. Task 3—Additional Biological Assessment Conduct additional biological assessment/vegetation mapping report of west slope beyond the City of San Juan Capistrano Terminal Reservoir property line up to the ridgeline in case grading in this area is required for the project. Task 4—Laboratory Testing Conduct additional laboratory testing to evaluate material index such as Atterberg limits, grain size distribution,expansion index, and engineering characteristics such as, consolidation,compaction, and shear strength properties. Task 5—Additional Engineering Analysis and Design The scope of the geotechnical investigation since CDM's scope of work dated March 8,2002 has changed primarily due to the newly discovered westerly landslide and the significantly larger landslide on the easterly slope of the site. The two landslides present more complex geotechnical conditions than previously anticipated in CDM's March 8,2002 Scope of Work. CDM's initial geotechnical investigation(contained in our March 8,2002 scope) was developed using the available data and was designed to evaluate the following general design areas: • East slope-presence of landslide beneath residential property and TR#1, • West slope—determine the condition of bedrock and geologic structure (i.e., orientation of bedding and joints that may impact temporary cut slopes and final design, • General geologic conditions adjacent to TR#1 to support the design of replacement TR#3 at TR#1 site,and • General site characterization including condition and depth of existing fill, alluvium and bedrock materials. Amendment No. 1 included installation of the equipment for monitoring deformation at TR#2 and additional effort for coordinating the sensitive habitat issues associated with the proposed geotechnical program in our March 8,2002 scope. Results from CDM's investigation to date indicate the following issues will impact design of TR#3 and continued long-term operation of TR#2. P:\City of San Juan Capistrano-20515\359T1-Reservoic#1 Replacement Project\1<ontraM\1.0 Client\Revised Current ContramiimmendmentNo211.doa Mr. Peter Salgado October 15,2002 Page 4 • East Slope o The results from BA-1,BA-2, and T-1,indicate that the east slope landslide is much larger than anticipated. This structure not only impacts the design of TR#3 but may also contribute to the ongoing deformation at TR#2. o The additional borings proposed along the east side of the site will provide required information to more accurately constrain the landslide depth and horizontal limits.This data is required to perform design analysis and to prepare remedial grading design and recommendations.Without this additional information,the design of remedial grading approaches will be negatively impacted because of the adjacent residential property and potential for landslide beneath TR#2. • West Slope o The results from BA-3,T-6, and mapping in the lower drainage channel indicate that the west slope contains a landslide.The available data does allow for confident delineation. In addition,based on interpretation of geomorphic features (surface landform), the west landslide may extend beyond the location of TR#1 and well south of TR#2. o The additional borings for this area will provide subsurface information to define the north limit of the west landslide. • North Fill Embankment Slope o Investigation of this area was not permitted because of sensitive habitat, as a result there is no information on the subsurface conditions,which may include landslide debris,left in-place alluvium/weathered bedrock,and poor quality fills. o The boring recommended for this area will provide subsurface information to define the north limit of the west landslide. Field mapping in all three areas will support the interpretation of landslides for both east and west slopes. The need for additional data analysis and reporting arises from the addition of field and lab data that will require analysis,interpretation, and incorporation into the project design and report. These activities will result in the additional tabulation of data,boring log and cross section development,iterative stability analysis including shear key and buttress design,and presentation in the geotechnical report. Based on the newly discovered site conditions, namely the identification of complex landslide structures, the effort needed to provide the P:\City of San Juan Capistraun-20515\3599A-Reservvo #1 Replacement Project\1-contracts\1.0Client\Revieed Current ContractAmmendnuuiW0311.doc Mr. Peter Salgado October 15, 2002 Page 5 District with an adequate design and cost effective solution to address the landslides greatly exceeds the initial geotechnical assumptions used to prepare the March 8, 2002 scope of work. Upon receipt and review of the new geotechnical data,CDM will conduct additional engineering analysis to provide design based on available data.This task includes the following: • Revise/develop cross-sections for stability analysis. • Perform additional stability calculations. • Design stabilization solutions(e.g.buttress shear key and back cut calculations, design, tie-back systems,soil reinforcement,etc). • Incorporate stabilization into final design and report elements. Following the completion of the additional geotechnical investigation, CDM will meet with the District to review alternatives for landslide stabilization,stabilization of Terminal Reservoir No. 2,and location and stabilization of the proposed site of Terminal Reservoir No. 3. Task 6—Additional Report Preparation Compile newly generated geotechnical data, analysis, and findings into design report and specifications. Task 7—Meetings CDM will not increase the number of project status meetings in the scope of work.The remaining project status meetings will be spread out over the remaining design schedule. The geotechnical engineers will attend up to two additional project status meetings (4 hours each) with San Juan Capistrano representatives to present investigation results and review proposed design. Task 8 - Quality Assurance/Quality Control Provide Quality Assurance and Quality Control per CDM standard Quality Management Process protocols. Attached,please find a copy of the proposed cost spreadsheet the details the costs shown herein. CDM proposes to complete the tasks and scope of work defined above for a cost of $92,854.40. P:\Gty of San Juan Capistrano-20515\359 ,Reservoir M 1 Replaoament Project\l<onnaR\1.0 Client\Revised Current Contac aunandmmtNo211.d« Mr. Peter Salgado October 15,2002 Page 6 Please review the attached cost estimate and level of effort and call the undersigned if you have any questions. CDM is ready to proceed immediately pending final confirmation that the scope and level of effort are acceptable to you,and a Notice to Proceed is issued for this work. Very truly yours, an Schu e Wburgy, .E. Project Manager Camp Dresser&McKee Inc. cc: Amy Amirani,City of San Juan Capistrano Eric Bauman,City of San Juan Capistrano Jeff Moncrief,CDM Kevin Tirado,CDM Mike Gray,CDM File P:\Gty of San Juan Capistrano-20515\359A-Reservoir#1 Replattment Project\]contracts\1.0 Client\Revised Current Contras nvuanduuauNo211.dm Table 1 - Amendment No. 2 Costs CDM INC CDM GEO MERKEL&ASSOC.-ENV. Task CDM CDM CDM F$20,950.00 CDM Geo Amendment 2* TOTAL CDM ODCs CDM CDM Geo ODCs OpsTOTAL EQUIPMENT SUB Total HOURS LABOR TOTAL LABOR COSTS TOTAL Task 1-Project Management and Communication 30.00 3,880.00 232.80 4,112.80 $3,550.00 $1,050.00 $4,600.00 $0.00 $0.00 $8,712.80 Task 2-Field Exploration(Additional Borings for Landslide Delineation 0.00 0.00 0.00 0.00 $18,420.00 $2,920.00 $42,290.00 $0.00 $0.00 $42,290.00 Task 3-Additional Biological Assessment 6.00 660.00 39.60 699.60 $0.00 $0.00 $0.00 $QAO $0.00 $2,150.00 $2,849.60 Task 4-Labomtory Testing 0.00 0.00 0.00 0.00 $950.00 $500.00 $4,374.00 $5,824.00 $0.00 $0.00 $5,824.00 Task 5-Additional Engineering Analysis and Design 8.00 970.00 58.20 1,028.20 $14,880.00 1 $0.00 $0.00 $14.880.00 $0.00 $0.00 $15,908.20 Task 6-Report Pre amtion 22.00 2,310.00 138.60 2,448.60 $6,630.00 $750.00 $0.00 $7,380.00 $0.00 $0.00 $9,828.60 Task 7-Meetings 0.00 0.00 0.00 0.00 $2880.00 $91.00 $0.00 $2,971.00 $0.00 $0.00 $2,971.00 Task B-Ouali Assurance/Ouality Control 14.00 2,170.00 130.20 2,300.20 $2170.00 $0.00 $0.00 $2,170.00 $0.00 $0.00 $4470.20 Ammendmem No.2 Total 80.00 9 990.00 599.40 10589.40 $49,480.00 $5,311.00 1 $25,324-00 $80,115.00 $0.00 $2,150.00 $92,854.40 .......... RAE- FT —��u —----------- W T, gmn ituig qg.Q MI�;�WS, u! lu,!—,T�n;:i 01 -R� 1;i:v =--Piun *mw if eii��ftifj �E- H—e....... N. M, i�� Ngw j 0�1 eU�MN,em Nd -X-L ik, V�e e::77" �y�!�ia —1 eme S."N. -uv 99 I J r T��Z�f- a.n—. POO ........... 'Alt�,w�e E�� M e IK :g'. eg� ,e TO eh �e rl, �MPH iMl 1?iii WO� J 5t. to • ..+T( r it J 32400 PASEO ADELANTOL/Y{pp� IA(BAI11111A SAN JUAN CAPISTRANO, CA 92675 IS'1'IBRB I �96� MEMBERS OF THE CItt COUNCIL (949) 493'1171 BANE L.BATHGATE ( ) 949 493-1053 (FAX) 176 CO NE CAMPBELL • JOHN S.GELFF lV 1V IV.sanjlmncapis(rano.Org WATT HART . DAVIT M.SWERgJN CITY MANAGER November 8, 2002 GEORGE SCARBOROUGH Camp Dresser & McKee 1925 Palomar Oaks Way, Ste 300 Carlsbad, CA 92008 Dear Sir or Madam: At the November 5, 2002 meeting, the Board of Directors of the Capistrano Valley Water District approved Amendment 2 to a Personal Services Agreement related to providing services for the Terminal Reservoir No. 2, structural & geotechnical investigation & repair, CIP #753. An Original, fully executed Amendment 2 is enclosed for your records. Thank you for maintaining current the required evidence of insurance and endorsements as required by the agreement. Please be aware that this evidence must be maintained current with our office. Should evidence lapse, work under this agreement must stop and payment will be withheld until evidence is received. You may proceed with work under this agreement in coordination with Peter Salgado, Associate Engineer(949)443-6366. Sincerely, V Meg nahan, MC City erk enclosu : agreement cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director onuo use rs San Juan Capistrano: Preserving the Past to Enhance the Future • �,a„ • 32400 PASEO ADELANTO A � IIU1111Y111 SAN JUAN CAPISTRANO, CA 92675 [f1Y111Hf1 I 1961 MEMBERS OF THE CITY COUNCIL (949) 493-1171 1776 DIANE L.BATHGATE (949) 493-1053 (FAX) COLLENE CAMPBELL GE IVIJ'IV sanjuancapistrano.org AARs HARTI-FF DAVID M.SWEROLIN CITYMANAGER GEORGE SCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on November 5, 2002, in the City Council Chamber in City Hall, to consider: "Consideration of Amendment No. 2 to the Agreement for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation Project (Camp Dresser & McKee Inc.) (CIP #753)" — Item No. 135 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, November 4, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Associate Engineer. You may contact that staff member at (949) 443-6366 with any questions. Capistrano Valley Water District agendas are available to you on the City's web site: www.sanjuancapistrano.org. Thank foriyour interest, Meg Monahan, City Clerk cc: Camp Dresser & Mckee, Inc.*; Amy Amirani, Public Works Director; Peter Salgado, Associate Engineer * Received staff report oxuo use is San Juan Capistrano: Preserving the Past to Enhance the Future MINUTES September 3, 2002 CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS CLOSED SESSION (610.85) - 5:30 p.m. 1. Pursuant to Government Code Section 54956.8, the Board of Directors conferred with its real property negotiator (General Manager) regarding sale/lease of that certain real property described as APN 668-101-03. Chairman Bathgate called the Regular Meeting of the Board of Directors of the Capistrano Valley Water District to order at 9:24 p.m. in the City Council Chamber. ROLL CALL BOARD MEMBERS PRESENT: Wyatt Hart, David M. Swerdlin, Vice Chairman John S. Gelff and Chairman Diane Bathgate BOARD MEMBERS ABSENT: Director Collene Campbell STAFF PRESENT: George Scarborough, General Manager; John Shaw, Legal Counsel; Meg Monahan, Clerk of the Board; Cynthia L. Russell, Administrative Services Director; Thomas Tomlinson, Planning Director; William M. Huber, Engineering and Building Director;AmyAmirani, Public Works Director; Lt.J. B. Davis, Chief of Police Services;and, Dawn Schanderl, Deputy City Clerk. CONSENT CALENDAR Board Action: Moved by Director Hart, seconded by Director Swerdlin and carried unanimously, 4-0, to approve items 1 and 2 as recommended by Staff. 1. MINUTES FROM THE REGULAR MEETING OF AUGUST 6, 2002, APPROVED AS SUBMITTED AMENDMENT TO AGREEMENT WITH CAMP DRESSER & MCKEE, INC., APPROVED FOR TERMINAL RESERVOIR NO. 2 STRUCTURAL AND GEOTECHNICAL INVESTIGATION AND REPAIR PROJECT INTHEAMOUNT OF $126,636 APPROPRIATED FROM THE WATER CAPITAL IMPROVEMENT FUND TO CIP # 753 (600.70) BOARD ACTIONS: CVWD Minutes 1 9-3-02 CVWD 9/3/2002 AGENDA ITEM B 2 TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Amendment to the Agreement for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair Project (CIP #753) (Camp Dresser & McKee, Inc.) RECOMMENDATION By motion, approve the Amendment to the Agreement with Camp Dresser & McKee, Inc., in the amount of $126,636 for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair Project; and, appropriate $126,636 from the Water Capital Improvement Fund to CIP #753. SITUATION On April 2, 2002, the Board of Directors entered into an Agreement for professional design services with Camp Dresser & McKee, Inc. (CDM) for $313,220. CDM expressed their professional opinion that the structural and geotechnical conditions of Terminal Reservoir No. 2 (T2) were inadequate for long-term storage purposes. The District requested CDM to provide a revised scope of work and cost estimate for unanticipated services for the monitoring of the existing T2, and for the increased services due to environmental monitoring and mitigation. CDM's response letter, dated August 13, 2002, covers the amended services request. Staff has negotiated with CDM to provide additional design, biological monitoring, and completion of the Section 4(d) Habitat Loss Permit submittal to the Resources Agency for this project detailed as follows: 1. Task 9 - Terminal Reservoir No. 2 Monitoring ($75,418) 2. Task 10 - Impacts to Exploration Program and Additional Environmental Services ($51, 218) CDM proposes to perform the above asks for a total fee not to exceed $126,636. Original cost for work: $313,220 Cost of Amendment: $126,636 Total cost of project: $439,856 FOR CITY COUNCIL AGENDA Agenda Item • • September 3, 2002 Agnendment to Agreement with CDM COMMISSION RECOMMENDATION The status of the monitoring has been presented to the Water Advisory Commission since the spring 2001. FINANCIAL CONSIDERATION There are sufficient funds available in the Water Capital Improvement Fund to appropriate $126,636 towards this Amendment to the Camp Dresser & McKee, Inc. Agreement. NOTIFICATION Camp Dresser & McKee, Inc. ALTERNATE ACTIONS 1. By motion, approve the Amendment to the Agreement with Camp Dresser & McKee, Inc., in the amount of $126,636 for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair Project; and, appropriate $126,636 from the Water Capital Improvement Fund to CIP #753. 2. Request additional information from the staff. RECOMMENDATION By motion, approve the Amendment to the Agreement with Camp Dresser & McKee, Inc., in the amount of $126,636 for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair Project; and, appropriate $126,636 from the Water Capital Improvement Fund to CIP #753. Respectfully submitted, Amy Amiran Public Works Director Attachment: 1. Amendment to Agreement 2. Location Map Page 2 5 .:.:. .. $ N NJ mill t, : !t•• ! '�``; -:::.'fit arara•� rNgnrigy.au I• •••�• nnn/YY1_ o> o,iti.aaara'•a•aa w, Hr e r•• AYES A too '.rte x F Z 1 :r • , ate., • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL TE SAN JUAN CAPISTRANO, CA 92675 / I IRORRORRItI DIANEL.BATHGAE (949) 493-1171 61RIu5RR JOHN V 1961 JOHN S.GELFE (949) 493-1053 (FAX) 1776 MAU HART www.sanjuancapistrano.org �' DAVM.SWERCLIN CITY MANAGER GEORGE SCARBOROUGH September 9, 2002 Camp Dresser& McKee 1925 Palomar Oaks Way, Ste 300 Carlsbad, CA 92008 Dear Sir or Madam: Please find enclosed a fully executed Amendment to a Personal Services Agreement related to providing services for the Terminal Reservoir No. 2, structural & geotechnical investigation & repair, CIP #753. We have received the evidence of insurance and endorsements as required by the agreement. Please be aware that this evidence met must be maintained current with our office. Should evidence lapse, work under this agreement must stop and payment will be withheld until evidence is received. You may proceed with work under this agreement in coordination with Lonnie R. Curtis, Water Services Manager (949) 487-4307. Sincerely, V � _ Me o ahan, CMC Cit Cle k enclosure: agreement cc: Lonnie R. Curtis, Water Services Manager Amy Amirani, Public Works Director DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future Jlift • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 i,l,,,l,,,l, DIANE L.BATHGATE COLLENE CAMPBELL (949) 493-1 171Buulalm 196( JOHN S.GELFF (949) 493-1053 (FAX) 1776 MATT HART www.sanjuancapistrano.org • 0 DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH September 8, 2002 NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS On September 3, 2002 the Capistrano Valley Water District Board of Directors met regarding: "Consideration of Amendment to the Agreement for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair Project (CIP #753) (Camp Dresser & McKee, Inc.)." (Item No. B2) The following action was taken at the meeting: Amendment to agreement with Camp Dresser & McKee, Inc. in the amount of $126,636 for the Terminal Reservoir No. 2 structural and geotechnical investigation and repair project; and $126,636 appropriated from the Water Capital Improvement Fund to CIP #753 The following documents are in the process of being executed. Amendment to agreement If you have any questions regarding this action, please contact Lonnie Curtis, Water Service Manager at 487-4307 for more detailed information. Thank you, Me on han, CMC Cl rk of t Board Cc: amp Dresser& McKee, Inc.; Amy Amirani, Public Works Director; Lonnie Curtis, Water Service Manager DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO �%/ II"11111111 SAN JUAN CAPiSTRANO CA 92675 • 1 MEMBERS OFIAN C.MTHGATE (949) 493-1171 u1776 1961 DOWEL.BATIGATE (949) 493-1053 (FAX) V76 JOLL S.GEiSNE PBELL Ivlrly sanjuancaprstrano.org • • IWA17R E DAND M.SWERDLIN • • CITY MANAGER GEORGESCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on September 3, 2002, in the City Council Chamber in City Hall, to consider "Consideration of Amendment to the Agreement for the Terminal Reservoir No. 2, Structural and Geotechnical Investigation, and Repair Project (CIP #753) (Camp Dresser& McKee, Inc.)" — Item No. 132 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Friday, August 30, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Lonnie Curtis, Water Service Manager. You may contact that staff member at (949) 487-4307 with any questions. T n y f yQ interest, I Mona an, C City Clerk cc: Camp Dresser & McKee, Inc.; Amy Amirani, Public Works Director; Lonnie Curtis, Water Service Manager * Received staff report onuo use Is San Juan Capistrano: Preserving the Past to Enhance the Future Project Description: The water system improvements known as the SC-04 Pipeline Project will enhance overall water service reliability and increase capacity on the southeast side of the District. On October 2, 2001, the Board authorized the General Manager to enter into a right-of-way agreement with the County to allow construction to begin in the interim until an easement agreement with the County was completed. The details of the Offer and Agreement to Purchase Easements have been resolved, and the agreement is now prepared for the Board's consideration. Written Communications: Report dated April 2, 2002, prepared by Amy Amirani, Public Works Director. Oral Presentation: Amy Amirani, Public Works Director, reviewed the staff recommendation. Board Action: Moved by Director Campbell, seconded by Vice Chairman Gelff and carried unanimously, 5-0, to adopt RESOLUTION NO. CVWD 02-04-02-01 ENTITLED "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CAPISTRANO VALLEY WATER DISTRICT, ACCEPTING PUBLIC WATER FACILITIES EASEMENT COUNTY OF ORANGE, INTEGRATED WASTE MANAGEMENT DEPARTMENT FOR THE PRIMA DESHECHA LANDFILL;"Offer and Agreement to Purchase Easement with the County of Orange approved in the amount of $18,035; and, the General Manager authorized to execute the agreement. 2. PERSONAL SERVICES AGREEMENT APPROVED WITH CAMP DRESSER & MCKEE INC., FOR THE TERMINAL RESERVOIR NO. 2 FOUNDATION AND STRUCTURAL DESIGN IN THE AMOUNT OF $313,220; AND, CHAIRMAN OF THE BOARD AUTHORIZED TO EXECUTE AGREEMENT (60Q.70) Project Description: Due to prior leakage and damage to the foundation of the 10- million-gallon T. J. Meadows Terminal Reservoir No. 2 staff interviewed three (3) consultants to provide geotechnical and structural testing and analysis; and, to prepare design plans and specifications for foundation remediation work, or replacement of the reservoir. Staff is recommending the consulting firm of Camp Dresser & McKee, Inc. Written Communications: Report dated April 2, 2002, from Amy Amirani, Public Works Director. Board Action: Moved by Director Hart, seconded by Vice Chairman Gelff and carried unanimously, 5-0, to approve the Personal Services Agreement with Camp Dresser&McKee,Inc.,to perform geotechnical,structural investigations and design repairs or replacement for the Terminal Reservoir No. 2, in the amount of$313,220; CVWD Minutes 2 4-2-02 $313,220 appropriated from the Water Capital Improvement Fund to cover the project costs; and, Chairman of the Board authorized to execute the agreement. 3. EASTERN TRANSMISSION MAIN CATHODIC PROTECTION AND TEST STATION INSTALLATION - PHASE II PLANS AND SPECIFICATIONS APPROVED; AND, CLERK OF THE BOARD AUTHORIZED TO SOLICIT BIDS (CIP NO. 751, PIPELINE CATHODIC PROTECTION) (600.70) Project Description: Staff is recommending approval of plans, specifications and solicitation of bids for Phase II of the Eastern Transmission Main Cathodic Protection for the system's main trunkline running from Camino Capistrano and Paseo de las Colinas to Rancho Viejo Road and EI Horno Street. Written Communication: Report dated April 2, 2002, from Amy Amirani, Public Works Director. Board Action: Moved by Director Swerdlin, seconded by Director Hart and carried unanimously, 5-0, to approve the plans and specifications for the Eastern Transmission Cathodic Protection and Test Station Installation - Phase II (CIP No. 751); and, authorize the Clerk of the Board to solicit bids. ADJOURNMENT i There being no further business, Chairman Bathgate adjourned the meeting at 9:38 p.m. to Tuesday, May 7, 2002, in the City Council Chamber. Respectfully submitted, MA ARET R. MONAHAN, CLERK OF THE B ARD Adopted: May 7, 2002 ATTEST: CHAIRMAN BATHG T CVWD Minutes 3 4-2-02 •CVWD 4/2/2002 AGENDA ITEM C Z TO: George Scarborough, General Manager FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of Agreement — Terminal Reservoir No. 2, Foundation and Structural Design. (CIP #NEW) (Camp Dresser & McKee Inc.) RECOMMENDATION By motion, 1) approve the personal services agreement with Camp Dresser & McKee, Inc. to perform geotechnical, structural investigations and design repairs or replacement for Terminal Reservoir No. 2, in the amount of $313,220; 2) appropriate $313,220 from the Water Capital Improvement Fund to cover the costs of the project; and 3) authorize the Chairman of the Board to execute the agreement. SITUATION In the early spring of 1997, leaking was discovered in the 10-million-gallon T.J. Meadows Terminal Reservoir No. 2. The attached location map depicts the location. Investigations and remedial repairs were conducted in the spring and summer of 1997. In February of 2001, a crack was noted in the floor of the reservoir during a dive inspection of the reservoir. The crack was repaired. To monitor the situation, 1) six displacement monitors were installed on three points to measure the horizontal and rotational displacement of the reservoir footing relative to the reservoir wall; 2) surveys of the roof were commenced on a quarterly basis to detect any displacement of the reservoir as a whole; and 3) weekly monitoring of the sub-drain collection system was begun. The roof survey and the sub-drain monitoring have not detected any evidence of deterioration. The displacement monitors have shown one section of the footer with a settlement rate of 0.5 inches per year relative to the reservoir wall, and another footer section with a rotation of 0.1 degree per year relative to the reservoir wall. The reservoir fill volume was decreased from 30 to 35 feet of water to 20 to 25 feet of water, lowering the system's available storage by 2.8 million gallons, but also bringing about the arrest of the settlement and the rotation. FOR CITY COUNCIL AGENDA AGENDA ITEM • April 2, 2002 Page 2 of 4 Terminal Reservoir Structural & Geotechnical Investigation in 1997 and to conduct additional investigations and design work. The purpose of the work is to ultimately determine whether or not the reservoir foundation damage can be remediated or if the reservoir should be replaced. The work will include 1) geotechnical and structural testing and analysis, 2) the preparation of plans, specifications, and contract documents for foundation remediation work, or replacement of the reservoir, whichever is necessary. On January 30, 2002 staff interviewed Boyle Engineering Corporation, Camp Dresser & McKee Inc., and URS Corporation for the purpose of identifying the best firm to be selected for the Remediation/Repair/Replacement project. The work would include: 1) geotechnical and structural testing and analysis; and, 2) preparation of design plans, specifications, and contract documents for foundation remediation work, or replacement of the reservoir. During the interviews, it was apparent that all consultants would be able to engineer a repair plan based upon their limited knowledge collected during their proposal preparation period. The remediation efforts centered upon the removal of 20 feet of existing compacted fill classified as silty clay that had been placed during construction. The region under and around certain areas of influence of the tank has indicated settlement and movement with leakage over time. Footing repairs were performed in 1997 in order to arrest the separation of the ring footing from the wall section. When the footing was exposed during the 1997 repair, settlement of the fill was indicated. In the opinion of the consultants, a repair system of cross beam footings and pilings installed under the existing reservoir was needed to arrest the current settlement condition. This would require taking the reservoir out of service for several months, removing a portion of the roof section for access and repair, and installation of pilings to a depth of 30+ feet with the support beams under any failing section. To complete this effort and along with the removal and replacement of the poor soil, a tieback system would be needed to stabilize and integrate the remaining existing soil with the new repairs. Preliminary costs were estimated at $3 to $4 million to repair the reservoir with a service life extension of 5 to 10 years at which time reservoir replacement would most likely be in order. Two firms' opinions were that replacement of the existing Terminal 2 reservoir best serves the City. Discussions for a replacement reservoir included removal of the existing 2 million gallon standby reservoir immediately north of the existing 10 million gallon tank. A complete project to design (included above), remove the existing and construct a new 10 MG reservoir was estimated at $6 million with a life cycle of 50 years. Based upon the interviews and proposal, the engineering firm of Camp Dresser & McKee, Inc. submitted the most responsive proposal to perform the geotechnical and structural investigation. This work is necessary to back up their W:\ENG\RPLC\TRMNL_RPR\T2_leak_2001\agenda\CDM Accept PSAAcc AGENDA ITEM • • April 2, 2002 Page 3 of 4 Terminal Reservoir Structural &Geotechnical Investigation opinion that repair would be short lasting and that removal should be performed. Staff requested Camp Dresser & McKee, Inc provide further supplemental information with costs to address the cost/benefit of repair versus replacement as part of their work. This project is unanticipated and $313,200 in funds will have to be appropriated from the water capital improvement fund and was not included in the mid-year 01-02 budget as this work was being considered concurrently and cost estimates had not been developed. At the completion of design, additional services will be needed for construction oversight and post-construction monitoring estimated to be $300,000. The total project is estimated to be $6 million. COMMISSION RECOMMENDATIONS The status of the monitoring has been presented to the Water Advisory Commission (the Commission) since the early spring of 2001, and at its meeting of March 6, 2002. FINANCIAL CONSIDERATIONS This project was unanticipated, and $313,200 in funds will have to be appropriated from the water capital improvement fund to pay for this project. NOTIFICATION Boyle Engineering Corporation " Camp Dresser McKee Inc. URS Corporation "" ALTERNATE ACTIONS 1. By motion, 1) approve the personal services agreement with Camp Dresser & McKee, Inc. to perform geotechnical, structural investigations and design repairs or replacement for Terminal Reservoir No. 2, in the amount of $313,220; 2) appropriate $313,220 from the Water Capital Improvement Fund to cover the costs of the project; and 3) authorize the Chairman of the Board to execute the agreement. 2. Request additional information from staff. W:\ENG\RPLC\TRMNL_RPR\T2_leak_2001\agenda\CDM Accept PSA.doc AGENDA ITEM • • April 2, 2002 Page 4 of 4 Terminal Reservoir Structural & Geotechnical Investigation RECOMMENDATION By motion, 1) approve the personal services agreement with Camp Dresser & McKee, Inc. to perform geotechnical, structural investigations and design repairs or replacement for Terminal Reservoir No. 2, in the amount of $313,220; 2) appropriate $313,220 from the Water Capital Improvement Fund to cover the costs of the project; and 3) authorize the Chairman of the Board to execute the agreement. Respectfully submitted, Prepared by, Amy A Irani Lonnie R..-Curtis Public orks Director Water Services Manager AA/EPB:kt Attachment: 1. Location Map 2. Agreement with Camp Dresser McKee Inc. W:\ENG\RPLC\TRMNL_RPR\T2_leak_2001\agenda\CDM Accept PSA.doc THE CITY OF SAN JUAN CAPISTRANO . J � � �� — � i � �' � Terminal #2 Reservoir Location v 100 , r _ 1�I J �"I ` .r V ii fir p An � 0\� ��' �� u�V v�` � II �Ci ✓1ra �. ��N �"` S�� `p � UI✓� 'SSS� �G' �',� vAv� y Ix x+ � i r J� S _ �CWJD Boundary IT `�v �� 'CreeB�undary �� d 0 2�00� Feet I ATTACHMENT 1 ae► • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO, CA 92675 � � ® � DIANE L.BATHGATE gnRIIOtI COLLENE CAMPBELL (949) 493-1171 tOIIU[u1 1961 JOHN S.GELFF (949) 493-1053 (FAX) 1776 WATT HART www.sanjuancapistrano.org • DAVID M.SW RDLIN CITY MANAGER GEORGE SCARBOROUGH May 2, 2002 Mr. Paul R. Brown, Senior Vice President Camp Dresser& McKee, Inc. 1925 Palomar Oaks Way, Suite 300 Carlsbad, CA 92008 Dear Mr. Brown: Please find enclosed a fully executed Personal Services Agreement related to providing design services for the Terminal Reservoir No. 2 structural and geotechnical investigation, and repair project. We have received the evidence of insurance and endorsements as required by the agreement. Please be aware that this evidence met must be maintained current with our office. Should evidence lapse, work under this agreement must stop and payments for work completed are withheld until we receive the required documentation. You may proceed with work under this agreement in coordination with Lonnie R. Curtis, Water Services Manager (949) 483-4307. Sincerely, Me Mona an, CMC Cit Clerk (949) -6308 enclosure: agreement cc: Lonnie R. Curtis, Water Services Manager Amy Amirani, Public Works Director DRUG USE Is San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO MEMBERS OF THE CIN COUNCIL SAN JUAN CAPISTRANO, CA 92675 3,-�yy I�f11111111 DIANE L.BATHGATE OOLLENE CAMPBELL (949) 493,1171 Innuun 1961 JOHN S.GELPP (949) 493-1053 (FAX) 1776 WVATT HART www.sanjuancapistrano.org • • DAVID M.SWEROLIN CITY MANAGER GEORGE SCARBOROUGH April 5, 2002 Mr. Paul R. Brown, Senior Vice President Camp Dresser & McKee, Inc. 1925 Palomar Oaks Way, Suite 300 Carlsbad, California 92008 Dear Mr. Brown: A Personal Services Agreement to provide design services for the Terminal Reservoir No. 2 Structural and Geotechnical Investigation, and Repair project was approved by the Capistrano Valley Water District Board of Directors on April 2, 2002. All agreement terms under Section 14. Insurance must be met prior to issuance of an executed agreement or Notice to Proceed. Please provide the required evidence of insurance to the City Clerk's office. I have enclosed copies of agreement pages that cover these terms for your reference in supplying this documentation. If you have questions specific to the agreement, please contact the project manager, Lonnie R, Curtis, Water Services Manager, 949 -487-4307. If you have questions regarding the forms of insurance needed, please contact me at (949) 443-6310. pThha�nk� you, 1�G(tiC Dawn Schanderl Deputy City Clerk Enclosure: Section 14.0 through 14.8 of agreement cc: Amy Amirani, Public Works Director Lonnie R. Curtis, Water Services Manager DRUG USE Is San Juan Capistrano: Preserving the Past to Enhance the Future • City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Contractor's professional services. Section 13. Indemnity. Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Bests. Guide Rating of A-Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor shall maintain in full forte and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurmnce/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one personlany one occurrence/not limited to contractual period; -4- $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Contractor shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Contractor shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policylpolicies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.6 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. -5- • �, ate„ • 32400 RASED ADELANTO "<, MEMBERS OF THE CITY COUNCIL CAN JUAN CAPISTRANO, CA 92675 1,L%� Ina,Auul, DIANE BATHGATE JOHNS.GELFF (949) 493-1171 nuunYu 1961 COLLENE CAMPBELL (949) 493-1053 (FAX) 1776 WYATT HART www.sanjuancapistrano.org • • DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH April 3, 2002 NOTIFICATION OF ACTION BY THE CAPISTRANO VALLEY WATER DISTRICT BOARD OF DIRECTORS On April 2, 2002 the Capistrano Valley Water District Board of Directors met regarding: "Consideration of Agreement - Terminal Reservoir No. 2, Foundation and Structural Design. (CIP #NEW) (Camp Dresser & McKee Inc.)." (Item No. C2) The following action was taken at the meeting: Personal Services Agreement with Camp Dresser & Mckee, Inc. to perform geotechnical, structural investigations and design repairs or replacement for Terminal Reservoir No. 2, in the amount of $313,220 approved; $313,220 appropriated from the Water Capital Improvement Fund to cover the project costs; and Chairman of the Board authorized to execute the agreement The following documents are in the process of being executed. Personal Services Agreement If you have any questions regarding this action, please contact Lonnie R. Curtis, Water Services Manager at 487-4307 for more detailed information. Th,an y Meg Monahan, C C Clerk of the Board (949) 443-6308 Cc: Daniel Schulenburg, P.E., Camp Dresser & McKee, Inc.*; David J. Scherschel, Boyle Engineering Corporation*; Ms. Jean Suter, URS Corporation*; Amy Amirani, Public Works Director; Lonnie R. Curtis, Water Services Manager ORU4 USE IS San Juan Capistrano: Preserving the Past to Enhance the Future • �,, ate„ 32400 PASEO ADE LANTO MEMBERS OF THE CITY COUNCIL SAN .JUAN CAPISTRANO, CA 92675 �j IntlAnul(1 DIANE L.BATHGATE 1 JOHN S.GELFF (949) 493-1171 f51AllI1Yp 1961 COLLENE CAMPBELL (949) 493-1053 (FAX) D76 wYATT HART www.sanjuancapistrano.org • DAVID M.SwERDLIN CITY MANAGER GEORGE SCARBOROUGH NOTIFICATION OF MEETING OF POTENTIAL INTEREST CAPISTRANO VALLEY WATER DISTRICT The Board of Directors of the Capistrano Valley Water District will meet at 7:00 p.m. on April 2, 2002, in the City Council Chamber in City Hall, to consider "Consideration of Agreement - Terminal Reservoir No. 2, Foundation and Structural Design. (CIP #NEW) (Camp Dresser & McKee Inc.)" — Item No. C2 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the Board of Directors through correspondence addressed to the Board and/or by attending the meeting and speaking to the Board during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, April 1, 2002 to allow time for the Board to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Chairman when the item is considered. You have received this notice at the request of the City staff member Lonnie R. Curtis, Water Services Manager. You may contact that staff member at (949) 487-4307 with any questions. Thank f i st, Meg Monaha , CMC City Clerk (949) 443-6308 cc: Daniel Schulenburg, P.E., Camp Dresser & McKee, Inc."; David J. Scherschel, Boyle Engineering Corporation"; Ms. Jean Suter, URS Corporation"; Amy Amirani, Public Works Director; Lonnie R. Curtis, Water Services Manager Received staff report DRUG USE IS San Juan Capistrano: Preserving the Past to Enhance the Future CITY l-- CITY CLERK'S DEPARTMENT-ACTION REMINDER C ' 15 SECOND REQUEST TO: Eric Bauman, Water Engineering Manager ►U1tC7I0c� JG'.iCL FROM: Christy Swarm, Administrative Specialist DATE: September 1, 2008 SITUATION: At their meeting on April 2, 2002, the Board of Directors of the Capistrano Valley Water District approved an agreement with Camp Dresser & McKee, Inc. to rovide design services for the Terminal Reservoir No. 2 structural an J Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement extended to October 1, 2005. On September 1, 2005, said agreement extended to October 1, 2006. On September 7, 2006, said agreement extended to October 1, 2007. On September 11, 2007, said agreement extended to October 1, 2008. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: 6 mak. Ce// DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: ( U DATE SIGNED: � /J • y ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/15/04 09/01/05 09/01/06 09/01/07 09/01/08 Deadline Date: 04/02104 10/01/05 10/01/06 10/01/07 10/01/08 (600.701camp dresser) t=iQsr KORCx CITY CLERK'S DEPARTMENT-ACTION REMINDER C� u-1 tc umra>J�tr��r Etvc,�Ntt�Uvt� SECOND REQUEST TO: er FROM: Christy Swanson, Secretary DATE: September 1, 2007 SITUATION: v111�(��1� <k��E �l %(AaC AO l At their meeting on April 2, 2002, the Board of Dir trano Valley Water District approved an agreement with resser & McKee, Inc. rovide design services for the Terminal Be enco eo ec nical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement extended to October 1, 2005. On September 1, 2005, said agreement extended to October 1, 2006. On September 7, 2006, said agreement extended to October 1, 2007 Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION:L/ L j DATE SIGNED: *FOR CITY CLERK'S DEPARTMENT USE ONLY' Tickler Date: 03/15/04 09/01/05 09/01/06 09/01/07 Deadline Date: 04/02104 10/01/05 10/01/06 10/01/07 (600.701camp dresser) ( �} /L 6,r5 27r 6 yr , �r7 V �3• 203 k-irz5t` 1�or� CITY CLERK'S DEPARTMENT-ACTION REMINDER 4 l SECOND REQUEST TO: r FROM: Christy Swanson, Secretary DATE: September 1, 2007 _ SITUATION: At their meeting on April 2, 2002, the Board of Directors of the Capistrano Valley Water District approved an agreement with ress r McKe , lnr�to provide design services for the Terminal Reservoir No. 2 StruLAuraland Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement extended to October 1, 2005. On September 1, 2005, said agreement extended to October 1, 2006. On September 7, 2006, said agreement extended to October 1, 2007 Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: "'FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/15/04 09/01/05 09/01/06 09/01/07 Deadline Date: 04/02/04 10/01105 10101/06 10/01/07 (600.70/camp dresser) � rir� ISt' �on � CITY CLERK'S DEPARTMENT-ACTION REMINDER SECOND REQUEST TO: FROM: Christy Swanson, Secretary DATE: September 1, 2007 SITUATION: At their meeting on April 2, 2002, the Board of Directors of the Capistrano Valley Water District approved an agreement with Camp Dresser & McKee Inc. to provide design services for the Terminal Reservoir No. ructural and Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement extended to October 1, 2005. On September 1, 2005, said agreement extended to October 1, 2006. On September 7, 2006, said agreement extended to October 1, 2007 Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/15/04 09/01/05 09/01/06 09/01/07 Deadline Date: 04/02104 10/01/05 10/01/06 10/01/07 (600.70/camp dresser) 0 0 1-12sr KC n Cc CITY CLERK'S DEPARTMENT-ACTION REMINDER �tz1�,�Au:rl�t�n1�'tt77t�rr�?2f�,n�-,iN tit ntG��"� . TO: r FROM: Christy Swanson, Secretary DATE: September 1, 2007 SITUATION: At their meeting on April 2, 2002, the Board of Directors of the Capistrano Valley Water District approved an agreement with Camp Dresser & McKee, Inc. to provide design services for the Terminal Reservoir No. 2 Structural and Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement extended to October 1, 2005. On September 1, 2005, said agreement extended to October 1, 2006. On September 7, 2006, said agreement extended to October 1, 2007 Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: , ' " � '�IP5 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/15/04 09/01/05 09/01/06 09/01/07 Deadline Date: 04/02/04 10/01/05 10/01/06 10/01/07 (600.701camp dresser) Page 1 of 2 Meg Monahan From: Eric Bauman Sent: Friday, September 14, 2007 8:50 AM To: Michelle Perea Cc: Meg Monahan; Cindy Russell Subject: FW: Extension of agreements Attachments: eric b.pdf Michelle: Please write a contract amendment extending the contract for ESA by 365 days, extending Project Partners by 365. Don't do anything with the CDM contract. At this point it will require a separate renegotiation of services anyhow. Eric. From: Meg Monahan Sent: Thursday, September 13, 2007 3:58 PM To: Eric Bauman Cc: Christy Swanson; Maria Morris; Michelle Perea Subject: Extension of agreements Hi Eric, Christy recently sent you action reminders concerning several agreements. In all cases, you responded to "extend" and provided the number of days to extend (see attachment). The City Attorney has confirmed that agreements cannot be extended through a notice to the clerk's office by staff. They need to be extended by an amendatory agreement among the original parties or some other method agreeable to the City Attorney. The following agreements do not provide for extensions at this time in the original terms. Please provide an amendatory agreement (or check with the City Attorney on a possible other means) extending the following agreements: . Camp Dresser & McKee, Inc. —Terminal Reservoir No. 2 Structural and Geotechnical Investigation and Repair (original approved by the CVWD —would need to return to the City Council for approval) . Environmental Science Associates — Ortega Pipeline Project (originally approved by Dave Adams) . Project Partner's — retain temporary employees (approved by Dave Adams) 9/14/2007 Page 1 of 1 Meg Monahan From: Meg Monahan Sent: Thursday, September 13, 2007 3:58 PM To: Eric Bauman Cc: Christy Swanson; Maria Morris; Michelle Perea Subject: Extension of agreements Attachments: eric b.pdf Hi Eric, Christy recently sent you action reminders concerning several agreements. In all cases, you responded to "extend" and provided the number of days to extend (see attachment). The City Attorney has confirmed that agreements cannot be extended through a notice to the clerk's office by staff. They need to be extended by an amendatory agreement among the original parties or some other method agreeable to the City Attorney. The following agreements do not provide for extensions at this time in the original terms. Please provide an amendatory agreement (or check with the City Attorney on a possible other means) extending the following agreements: . Camp Dresser & McKee, Inc. —Terminal Reservoir No. 2 Structural and Geotechnical Investigation and Repair (original approved by the CVWD —would need to return to the City Council for approval) . Environmental Science Associates — Ortega Pipeline Project (originally approved by Dave Adams) . Project Partner's — retain temporary employees (approved by Dave Adams) Thank you, Meg Monahan, MMC City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6308 (949)493-1053 - fax 9/13/2007 CITY CLERK'S DEPARTMENT-ACTION REMINDER Peter Salgado, Senior Civil Engineer Mitzi Ortiz, Deputy City Clerk DATE: September 1, 2006 SITUATION: At their meeting on April 2, 2002, the Board of Directors of the Capistrano Valley Water District approved an agreement with Camp Dresser & McKee, Inc. to provide design services for the Terminal Reservoir No. 2 Structural and Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement extended to October 1, 2005. On September 1, 2005, said agreement extended to October 1, 2006. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: 4v-ft,-jz> ro ae r /t 2-ewt DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: A�`Xo ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/15/04 09/01/05 09/01/06 Deadline Date: 04/02/04 10/01/05 10/01/06 (600.70/camp dresser) CITY CLERK'S DEPARTMENT- ACTION REMINDER �T,s�: Peter Salgado, Senior Civil Engineer �FXO'M: Mitzi Ortiz, Deputy City Clerk DATE: September 1, 2005 SITUATION: At their meeting on April 2, 2002, the Board of Directors of the Capistrano Valley Water District approved an agreement with Camp Dresser & McKee, Inc. to provide design services for the Terminal Reservoir No. 2 Structural and Geotechnical Investigation, and Repair project. ACTION REQUESTED: Said Agreement states services shall be completed by no later than three hundred sixty five (365) days from the effective date of the agreement (April 2, 2003). Subsequent to design completion, consultant shall provide construction phase assistance for an additional 365 days (April 2, 2004). On March 16, 2004, said agreement to be extended to October 1, 2005. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: 36d"- �S DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: i DATE SIGNED: D� ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 03/15/04 09/01/05 Deadline Date: 04/02104 10/01/05 (600.70/camp dresser)