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10-0420_TWNIEMANN, INC._Personal Services Agreement Amd No. 1AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and TVVNiemann, Inc. (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City and Consultant have entered into a Personal Services Agreement dated April 20, 2010 to provide construction management services for the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); and WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in the Additional. Work section incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The additional scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Additional Compensation City hereby agrees to pay the additional sum of Twenty -Seven Thousand Five Hundred and Thirty -Eight Dollars ($27,538) to Consultant for those services performed as set forth in the Additional Work section. These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement Except as to sections 1, 2 and 4 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Contract Term. The Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2011. Section 5. Entire Agreement. This entire Agreement between the 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with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded.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 CONSULTANT ATTEST: ` l L:`�c Maria Morr s, t4,0ferk APPROVED AS TO FORM: Omar ancon C'ty A Corney iemann 1 Inc TRUCTION MANAGFIVLNT COMPANY February 8, 2011 Mr. Khoon Tan, P.E. Associate Engineer Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 c Subject. Additional Budget Request for Additional professional Construction Management Services provided during the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07601), San Juan Capistrano, California Dear Mr. Tan: Introduction In accordance with your request, TWNiemann, Inc. (TWN) has provided additional construction management services during construction of the storm drain for the City of San Juan Capistrano's Calle Lorenzo and Calle Resplendor Storm Drain Project (CIP 07501). Scone of Additional Work and Associated Cost TWN has provided additional on-call construction management services during construction of the Calie Lorenzo and Calle Resplendor Storm project (CIP 07501) in the City of San Juan Capistrano. Additional services beyond the scope of our original proposal were required because of slow contractor progress, primarily due to unforeseen circumstances including existing unsuitable condition of fill material, shoring requirements, construction plan issues, and inclement weather. Additional Cost Please see the followu .g table for an estimated cost for the additional construction management services as described above. Task/Service Hours/Rate Fee E Additional Construction Management Services 281 hours x $98.001hr. $ 27,538.00 Total: $ 27,538.0 We request a total extra budget for the above mentioned construction management services in the amount; of Twenty -Seven Thousand Five Hundred Thirty -Eight Dollars & Zero Cents ($27,538). 124AVENIDA SAN DIEGO SAN CLEMENTE CA 92572 949 2764771 949 2764772 - < R Mr. Khoon Tan February 8, 2011 Page 2 Closure Our services have been performed to the general standard of care for construction management consulting in Southern California; no other warranty is expressed or implied. Theropportunity to work on this project is sincerely appreciated. If you should have any questions, please do not hesitate to contact our office at (949) 276-4771. Respectfully, TWNiemann Inc Todd Niemann, CCM Vice President Construction Manager Cc: File 32400 PASEO ADEL.ANTO SAN JUAN CAPISTRANO, CA 92575 (949) 493-1171 (949) 493-1053 FAX www. sanjuancaprstrana or g TWNiemann, Inc. Attn: Todd Niemann, President 124 Avenida San Diego San Clemente, CA 92672 DATE: March 7, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 k4EMBERS OF THE CITY COUNCIL SAM ALL dATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Amendment No. 1 to PSA - Construction support Services for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project (CIP 07501) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer, at (949) 443-6353. An original agreement is enclosed for your records. Cc: Khoon Tan, Associate Engineer San juan Capistrano.- Pres�-_rving the Past to Enhance the Fulur Printed on 100% recycled paper &/ Today's Date: 1-7 l I r CNP No. (if any): Project Manager's Last Name: Council or CRA Meeting ©ate (if applicable): '?, /1 APPROVING AUTHORITY: (Check Orae) Phone Extension: Transmittal Routing (Check All That Apply) City Attorney City Manager ❑ City Clerk Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: (Not necessary if information is included in the contract) Name(s) Street City St Z� p OTHER INSTRUCTIONS. i