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11-0419_WILLDAN ENGINEERING_Agenda Report_D133/3/2012 AGENDA REPORT / D13 TO: Karen P. Brust, City Min r I FROM: Sam Shoucair, Acting Pu lic Works Director SUBJECT: Consideration of Approval of Contract Changes and Amendments to Personal Services Agreements for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project (CIP 07107) (Peterson -Chase, RBF Consulting, and Willdan Engineering) RECOMMENDATION: By motion, authorize Contract Changes and Amendments to Personal Services Agreements for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto project for: 1.) Peterson -Chase in the amount to be approved by the City Manager by change order, not to exceed $270,000.00, to perform extra construction work; and, 2.) RBF Consulting in the amount of $18,000.00 to perform engineering services for removal and reconstruction of the existing bridge with Amendment No. 1 to their Personal Service Agreement; and, 3.) Willdan Engineering in the amount of $18,590.00 to perform geotechnical and corrosion consulting with Amendment No. 1 to their Personal Service Agreement. SITUATION: At the March 1, 2011, City Council meeting, the Council awarded a contract for construction of the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto project to Peterson -Chase General Engineering Construction, Inc., in the amount of $3,453,842.46, the total bid amount without a contingency. We are now 8 months into the project with an expected completion date of June 2012. The project has incurred extra costs primarily from the reconstruction of the existing north overhang which has not yet been constructed, and the application of upgraded coating to the sheet piles which were constructed early in the project. The project consists of widening Del Obispo Street from Alipaz Street to Paseo Adelanto, and widening the west side of Paseo Adelanto south of Del Obispo Street. The construction work includes concrete bridge widening, steel piles, concrete piers, debris wall and abutments, structure removal, concrete railing, concrete channel reconstruction, steel sheet piles, access road reconstruction, storm drain reconstruction, water line removal and construction, coordination with utilities, joint utility Agenda Report Page 2 April 3, 2012 trench construction, tree removal, landscaping and irrigation, retaining walls, asphalt paving, sidewalks, curb and gutter, grading, chain link fence, traffic signal modification, street lighting, signing and striping, preparation and implementation of a Storm Water Pollution Prevention Plan, preparation and implementation of a construction phasing and traffic control plan, and conforming to the conditions of the environmental documents associated with the project. Since the project has received federal funding and the project is under several environmental permits, the project needs to follow strict requirements in keeping with federal and environmental regulations. Additional services were necessary to ensure that project documentation and testing was performed properly. At the April 19, 2011, City Council meeting, the Council awarded the contract to perform material submittal and shop drawing review, and request for information (RFI) and request for clarification (RFC) support for non-structural items to Wlldan Engineering in the amount of $10,200.00. At the same meeting, the Council awarded the contract to perform material submittal and shop drawing review, and request for information and request for clarification support for structural items to RBF Consulting, Inc., in the amount of $31,310.00. The Council also awarded the contract to perform construction management to TW Niemann, Inc. in the amount of $322,970.00. Willdan Engineering and RBF Consulting have been working on the project since the pre -construction phase. The City terminated the contract with TW Niemann on July 16, 2011 as a cost saving measure after pre -construction services were completed, having spent $12,250.00 of their contract budget. Construction management has since been performed by Public Works Department staff and is being reimbursed by the federal grant through progress invoices. Peterson -Chase started construction on the Del Obispo Bridge Widening project on July 12, 2011. Per their contract, they are required to complete the project within 10 months, on May 7, 2012. They will be late on completion as the project' has incurred additional work and expenses because of several design changes. The changes are described in detail below. Proposed Construction Change Orders Most of the additional costs are from two proposed change orders, the extra work related to the reconstruction of the existing north overhang in an amount of approximately $127,000.00, and the application of upgraded coating to the sheet piles in the amount of $85,750.00. The following describes the extra work that is necessary for construction of the project. 1.) Demolition and reconstruction of existing bride north overhang to support traffic live load During demolition of the north existing bridge sidewalk some of the existing deck overhang steel reinforcement was exposed. Reinforcement was found to be Agenda Report Page 3 April 3, 2012 insufficient for the increased live load it will experience from the traffic once the bridge is completed. Plans for the northern portion of the existing bridge were never located at the County of Orange or Caltrans offices. As part of the extra work, the contractor will demolish the existing north overhang concrete to expose the existing steel reinforcement. Steel reinforcement to current Caltrans standards to handle current traffic load will be designed, and then constructed. 2.) Sheet pile coating was changed from galvanized to Polibrid 705 and Carboguard 691 The City received the condition to upgrade the coating from galvanized to Polibrid 705 and Carboguard 691 from Orange County Flood Control Department (OCFCD) on their permit after the project was bid out. They requested the change because they believe that there is risk of contaminating the creek from zinc from galvanization. The following lists the other minor extra work that is necessary for construction of the project, aggregating $57,250.00 to construction costs. 1.) Potholed east and west side of creek for sewer line ($5799.67) Sewer lines owned by Moulton Niguel Water District were in very close proximity to the abutment pile driving. Staff needed to calculate what, if any, effect the pile driving would have on the sewer lines. Moulton Niguel Water District requested documentation that the pile driving was not going to negatively affect the condition of their sewer line. The contractor had to pothole to locate the sewer lines and also to place pile driving vibration analysis equipment 2 feet over the sewer lines to get readings verifying that vibration was not at a level that was harmful to the sewer lines. 2.) Re-laid out, cut forms, and placed steel for the new pier nose wall design ($8266.92) The major storm in December 2010 eroded the Trabuco Creek channel bottom, but we did not discover this until the contractor surveyed the channel at the beginning of construction of the project. This was because the plans were completed in December 2010 and were bid out for a construction contract approximately a week after the storm. The change in the channel bottom elevation required the City to redesign the pier nose per OCFCD recommendations. 3.) Added rebar for retaining wall along Paseo Adelanto south of Del Obispo Street ($614.03) An unmarked storm drain line was found in the middle of the proposed retaining wall footing. Staff needed the contractor to add additional steel reinforcement around the storm drain line. Agenda Report Page 4 April 3, 2012 4.) SDG&E hanger rod material upgrade ($1199.83) During SDG&E's review of the shop drawings for their utility hanger they made a change to upgrade material from what was shown in the bid set pians. Since the City exhausted its 20A funds for undergrounding of overhead utilities, we are required to pay for SDG&E's improvements to relocate from overhead to underground through the bridge. 5.) Night work for waterline construction ($8127.45) Demolition of waterline hanging from the north overhang of the existing bridge, and construction of 40' of 12" water line, valves, reducers, and thrust blocks was performed at night because residents were going to be without water during the construction. Also, staff would not allow the contractor to shut down lanes on Del Obispo Street between Paseo Adelanto and Alipaz Street during the day. The project specifications called for all work to be performed during the day. 6.) Storm damage repairs in September 2011 9735.38 The construction schedule was delayed because the original permit with the County did not allow the City to work in the creek until we had the sheet pile coating design approved. It was an item that was not approved by the County when the project went out to bid. On September 10, 2011, rain caused damage to pier footing forms. The contractor needed to clean up and reconstruct the forms on September 12, 2091. 7) Additional pre -tensioned strands in the girders ($6713.221 During review of the girder shop drawings, the City's structural engineer noticed that the working forces were reduced after their independent calculation check. Working forces were recalculated to increase from that shown on the bid set plans, increasing the pre -tensioned strands in the girders. 8.) SDG&E and MCI utility line extension ($16,793.50) SDG&E and MCI utility line construction by the City contractor was extended so that asphalt pavement construction with this project would not be removed when the SDG&E and MCI contractors pick up and continue the utility construction 10 feet past the bridge approach slab. The City would be paying the utility company to do the work if the City's contractor was not doing the work. This is because the City of San duan Capistrano 20A funds which fund underground utility construction have been exhausted. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS; Not applicable. Agenda Report Page 5 April 3, 2012 FINANCIAL CONSIDERATIONS: The City secured federal grant funds in the amount of $3,739,605.00 for construction, contingencies, and construction management. Because the bid from Peterson -Chase came in low compared to the engineer's estimate used to secure federal funding, we are not able to get the maximum amount of funding that was secured. The grant amount was reduced to $3,483,956.00, $3,110,942.00 for construction, $311,094.00 for contingency, and $513,305.00 for construction management expenses, which is federally reimbursable at a rate of 88.53%. The Peterson -Chase construction contract was awarded in the amount of $3,453,842.46. A contingency was not included in their contract amount. The project design changes will result in approximately $270,000.00 of additional work for Peterson -Chase. Staff will submit final change orders for extra construction work to Federal Highway Administration (FHWA) once the design work is completed and the City finalizes its review of the proposed change orders for accuracy, proper back-up information; and competitive unit costs per contract specifications. The expenses are eligible to be reimbursed up to the contingency amount, $311,094.00, of the grant. Grant Estimate Grant Estimate Based Based on on Construction Construction including Proposed Contract Award * Change Orders as of 4/3/12 Construction (federal participating costs), Bid Items 1-76 $3,110,942 * $3,110,942 Bid items (25A, 77-80) not participating $342,900 $342,900 Construction Contract Total $3,453,842 * $3,453,842 * Contingency (10% of federal participating costs) $311,094 * $270,000 * Construction management $513,305 * $513,305 * Total federal participating construction and construction management costs $3,935,341 * $3,894,247* I Maximum grant amount mailable (with max. reimbursement ratio of 88.53%) $3,483,956 ** $3,483,956 ** Maximum Reimbursement Ratio for federally funded transportation projects 88.53% 88.53% Agenda Report Page 6 April 3, 2012 * Total project costs approved by the grant ** Total project costs reimbursable by the grant Non -participating costs and the 11.47% of participating casts will be paid out of CUP The existing overhang improvements will result in $18,000.00 of design work for RBF Consulting. The County comments on the sheet pile coating resulted in $16,970.00 of design work for Willdan Engineering, and a $1,620.00 budget is requested for additional Requests for Information and Requests for Clarification that may came up from now until the end of the project. The City is saving $310,720.00, the remaining amount from the TW Niemann, Inc. contract, by performing the construction management by City staff. Additionally, when construction management is performed in-house, the effort spent by City staff performing those duties will be reimbursed at a rate of 88.53% of the salary expenses including overtime, and inclusive of benefits (retirement, workers compensation, insurance, and vacation and sick time accrual) up to an amount of $454,428.00 from the federal grant. NOTIFICATIONS: Dick Vogels, Peterson -Chase Sal Sheikh, RBF Consulting Ken Taylor, Willdan Engineering RECOMMENDATION: By motion, authorize Contract Changes and Amendments to Personal Services Agreements for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto project for: 1.) Peterson -Chase in the amount to be approved by the City Manager by change order, not to exceed $270,000.00, to perform extra construction work; and, 2.) RBI= Consulting in the amount of $18,000.00 to perform engineering services for removal and reconstruction of the existing bridge with Amendment No. 1 to their Personal Service Agreement; and, 3.) Willdan Engineering in the amount of $18,590.00 to perform geotechnical and corrosion consulting with Amendment No. 1 to their Personal Service Agreement. Agenda Report Page 7 Respectful subs i ,Sh ucair ng Public Works Director Attachments: April 3, 2012 Prepare by: is o Nisha Patel, P.E. Associate Engineer . Amendment No. 1 to Personal Services Agreement with Wilidan 2. Amendment No. I to Personal Services Agreement with RBF Consulting AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and WILDAN, ("Consultant") is made and entered into, to be effective the day. of , 2012, as follows; RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated April 19, 2011 for a total of $10,200.00 for Construction Management Support for Non -Structural Items in the form of Materials Submittal and Shop Drawing Review, and Request for Information and Request for Clarification Support for the Dei Obispo Street Widening from Alipaz Street to Paseo Adelanto Project- STPL 5372 (011) (CIP 07107) (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the Agreement to add to the Scope of Work, extend the term, and increase the total compensation amount as follows: Section 1. Scope of Work The scope of work to be performed by the Consultant shall consist of those tasks as set forth in the original personal service agreement with the addition of those tasks as set forth in Exhibit "A," attached herewith and incorporated herein by reference. Section 2. Term The term of the Agreement is hereby extended to the new completion date of September 28, 2012. Section 3. Compensation 3.1 Amount. The City hereby agrees to pay the additional sum of Eighteen Thousand Five Hundred and Ninety Dollars ($18,590.00) for a revised total not to exceed contract price of Twenty Eight Thousand Seven Hundred and Ninety Dollars ($28,790.00) to Consultant for those services performed as set forth in Exhibit "A" 3.2 Method of Payment. Subject to Section 3. 1, Consultant shall submit "Monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay -1- 54D029 i Attachment monthly progress payments based an approved invoices in accordance with this Section. The City eliminates the Rate Schedule subsection of the original agreement. Section 4, Entire Agreement This Amendment constitutes the entire understanding and agreement between the parties with respect to those additional services described herein and any other understandings, oral or in writing, are hereby superseded. Section 5, Other Terms All other provisions of the Agreement not amended hereunder shall remain in full force and effect. CITY OF SAN JUAN CAPISTRANO Larry Kramer, Mayor M Maria Morris, City Clerk APPROVED FORM: BY: 67AW 6 • .. - CONSULTANT -2- 50028.1 Ali LL®AN -' Engineering March 13, 2012 Ms. Nisha Patel, P.E. City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Letter Requesting a Contract Addendum for Additional Construction Management Support and Corrosion Consultant Services for the Del Obispo Street Widening Project Dear Ms. Patel: Willdan is pleased to submit our proposal to provide professional consulting services to the City of San Juan Capistrano for the Del Obispo Street Widening Project. We sincerely appreciate the consulting opportunities that the City has provided us in the past. We look forward to working together to complete the construction phases of this project. The following will outline our request for additional services followed by a breakdown of the associated fee for these services. ADDITIONAL SERVICES 1. Respond to and address future RFI's and RFC's 2. Contract with and coordinate with HDR Schiff to provide corrosion consultation for sheet pile. Please see attached proposal from HDR Schiff. FEE_ESTIMA Our fees for the additional services is $18,590 and is broken down as follows: 1. RFI's and RFC's $ 1,620 2. Corrosion Consultant HDR Schiff $ 14,610 Coordination$ 2.960 Total $ 18,590 EXHIBIT A Ms. Patel — Request for Contract Addendum March 13, 2012 Page 2 If you have any questions or require any additional information, please contact me at (714) 978-8246. Respectfully submitted, Willdan Engineering Kenneth C. Taylor, PE Director of Engineering Attachment: HDR Schiff Proposal L®AN CHIFF marc.wegner@hdrinc.com www,hddnc.corn www.schiffassociates.com Corrosion Control and Condition Assessment (C3A) Department July 14, 2011 via email: ktaylor@willdan.com WiLLOAN ENGMERING 2401 East Katella Avenue, Suite 300 Anaheim, California 92806 Attention: Mr. Ken Taylor Re: Proposal for Corrosion Engineering Services Del Obispo Street Bridge Widening Project San Juan Capistrano, California HDR I Schiff #P11-0589ENG HDR Engineering, Inc (HDR [Schiff) is pleased to subrnit.this proposal for corrosion engineering services for the bel Obispo Street Bridge Widening Project. This project includes the construction of a new bridge across Trabuco Creek and a sheet pile wall to protect the footing from future scour or erosion. HDRJSchiff has an onsite laboratory and provides chemical analysis on soil samples for corrosion causing elements. HDR jSchiff was informed that the original soil samples have been discarded and will be responsible for .collecting additional samples for testing. It is our understanding that this project consists of pre -design and design phase support services for the proposed work. HDR ISchiff's scope of work would include the following tasks: Phase 1: Pre -design Services 1. Review geotechnical report and design plans, 2. Coordinate with Underground Service Alert (USA) for utility locating. HDRISchiff will not be responsible for any required permits for soil sampling, direct: push machine. Depending on site conditions, soil samples will be collected near the proposed sheet pile depth, unless obstructions are encountered. 4. Perform laboratory testing on two (2) soil samples. Testing to be performed includes as -received resistivity, saturated resistivity, pH, possibly sulfides and oxidation-reduction potential, and perform a chemical analysis for calcium, magnesium, sodium, carbonate, bicarbonate, chloride, sulfate, ammonium, and nitrate. 431 West Baseline Road Claremont, CA 91711 Phone: 909,626.0967 Fax: 909.626,3316 Wilidan Engineering July 14, 201 1 Del Obispo Street Bridge Widening Project SA #P11 -0589E G 5. Provide a letter report with an assessment of soil corrosivity and general recommendations for corrosion control. Phase 2: Design Services 1.' 90% Design Stage: Review and mark-up Willdan Engineering design drawings and specifications. Design a corrosion control or cathodic protection system as -needed. Provide cathodic protection details and a cathodic protection technical specification. 2. Final Design Stage: Review and respond to Owner and Willdan Engineering cathodic protections review comments, revise cathodic protection system drawings and specification accordingly. The services in Phased and 2 will be provided on a time and materials basis, not to exceed $14,810, as detailed in the attached Fee Estimate, without Wilidan Engineering's written authorization. The work will be provided in accordance with the attached Terms and Conditions and Fee Schedule. HDR ISchiff is prepared to begin work on this project upon receipt of a conforming mutually -negotiated contract. Please calf if you have any questions. Respectfully Submitted, HDR Engineering, lnc Marc E. N. Wegner, P.E. Project Engineer Eric Frechette, P.E. !lice President Accepted:1� Date:16[ 1 j � (signed) Client's Name: si Lc= -i'es. f -e G Client's Title:SU.�c� e�� C-�-4c ��� .....-. ___.._....__ - _.__.... Enc.- - --Fee Estimate- Fee Schedule 2011 2011 Fee Schedule for Laboratory Testing Terms and Conditions Page 2 J-D[� I SCHIFF Fee Estimate Del Obispo Street Bridge Widening San Juan Capistrano, California P11-0589ENG Cion ConW—dCan 6.b Ai,et—"e JC3A(oe�Rmenl Ken Taylor Wilidan Engineering Anaheim, California ]Granl T41R ar Move casks 7f32j1dFF PFwne:9paAiL.Oad] tae 2u9,di5,)314 FE&< F 0( ! 4 G � ' 4 Gt � y g Task Descriptiona � .p p c w w R 3 Phase t - PrL-Deslqn Tack 1: tkcumem Aavicw ail AM .5........94..5.. 6 2 8 - l,ifi4 4 .I20.. .... .. _.._ ......$..... 344 $ ., 15 S... _... - $ til S .. ..572_ Task .Sail Sample Ca€Ixtion 9., 9 120. _.$ 765 S 33 S $ 731S 1.534 Task4Pcr{'arm LaFxifa ary Analysis of Soil ._... „, . . .,_. ., _ _ .B_ _ - 2 $... - S $ .-._. .S 2665 266 Tack 5: Ppam Soil Calmsivity Smdy _- ... ... . .. .._.. 2 S ......... .. .... ........ .i0 ..... _.... ....... $ 1.530$ _- 37 $ - S S22 i, 1669 Subtala • Z 14 13 2 31 24B9 - 2 $ 3,665 S 115 S - 1,361 $ $,18] Phase 2 - Desi n Tas&1:..Pxe#wr 9€1%besign tyvrg L!ld afd PM,,.. ..._. € 24 .._ 12 1 42 _. _ .- 5 --$555 S 5 ,...... $ .645. fi i66 Task T Frcpaxc r,nsi ihasvings an3$pers _. .. ., 2.....,... 2 .4,. Z 8 -._-. .6 ... .... ..-. .� --, ., .., .2] ... •... _--.•.- i.135 _._.I55 $ .76 $ ...-..- S 25€ _S $ 3.454 subtotalsubtolal 21111 3 6 32 18 2 63 - S 9,904 S 233 $ - S 6961S 9,629 TOW2 3 8 46 ]8 11 4 9q 240 8 2 S 12 S 348 S S 8777 1S 1 EU ]Granl T41R ar Move casks 7f32j1dFF PFwne:9paAiL.Oad] tae 2u9,di5,)314 FE&< F 0( ! FD""'J I * SCH I FF www.hdrinc.com Corrosion Control and Condition Assessment (C3A) Department FEE SCHEDULE 2011 HDR I Schiff has, since 1959, provided consulting services in the field of corrosion control engineering. Our services are furnished on the basis of the below listed terms and in accordance with the following schedule of fees and charges which are subject to revision at ninety day intervals: Title Hourly Bale Principal Engineer 300 Associate Engineer 210 Senior Staff Scientist210 Senior Corrosion Engineer 165 Coating Specialist 160 Corrosion En ineer/C.P. Specialist 150 Senior Corrosion Technola ist/ ieid Engineer_ 130 Corrosion Technician 110 NACE Certified Coatings Inspector 90 CAD Operator/Designer including Equipment $85 Coating Inspector $75 Word Processing/Clerical 175 Personnel time is billed in one-hour increments. These rates apply to regular and travel time. Charges for travel time will be limited to eight (8) hours per day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and 1.5 times the above rates for inspector, technician and clerical personnel. Coating inspector has a four (4) hour minimum charge. EQUIPMENT AND MISCELLANEOUS CHARGES; Personnel charges include the indicating instruments commonly used in corrosion testing. Specialized instrumentation/test equipment and facilities may require an additional charge. Other direct costs (UDC), such as outside consultants or laboratories, rental equipment and Waivers of Subrogation or specialized insurance required by client/project, miscellaneous expenses (including vehicle usage, photograph, reproduction, binding, overnight mail or courier services, etc.) will be charged at cost plus fifteen percent (15%). Mileage will be charged at $1.25 per mile. Travel expenses (airfare, local travel and accommodation) will be charged at cost. Meal and incidental Federal Government CONUS rates. Permits and fees required for projects will be charged at cost. Technology Charge will be assessed at $3.70 per labor hour charged on the invoice. 2011 Fee Schedule 431 West Baseline Read Claremont, CA 91711 Phone: 909.626,0967 Fax: 909.626.3316 EfPecffve 3/1/2011 fa'r_� I + SCH I FF www.hcfrinc.com Corrosion Control and Condition Assessment (C3A) Department 2011 FEE SCHEDULE FOR LABORATORY TESTING HDR I Schiff services are furnished on the basis of the below listed terms and in accordance with the following charges which are subject to revision at ninety -day intervals. 431 West Baseline Road Claremont, CA 9171 1 Phone: 909.626.0967 Fax: 909.626.3316 Price per Sample Tests Requested $55 As -received and saturated electrical resistivity and pH (ASTM G-187) $95 Minimum electrical resistivity and pH (CalTrans 643) $46 Soluble Salt Extraction $25 Single ion (e.g. CI'-, S042', NH41}) in soli extract (AWWA 41108, ASTM 6919, ASTM 4327) $86 General Soluble Salts Package - Extraction + Analyses $28 Sulfides (qualitative) and redox (AWWA 0105 Appendix A) $84 Oxidation Reduction Potential (ASTM G200) $84 Sulfides (quantitative) (EPA 376.1, AWWA 4500F, AWWA 4500D) $73 Total acidity/alkalinity (when pH < 5.5, NBS Circular 579) $113 Chloride in mortar or concrete {AASHTO T260) $358 Thermal resistivity (ASTM D5334) $194 Electrical Resistance (ER) Test: plus $150 set up fee for first test on each probe and $150 per week for lab space for tests series longer than one week. Data only, $220 Linear Polarization Resistance (LPR) Test: plus $150 set up fee for first test on each probe material and $150 per week for lab space for tests series longer than one week. Data only. Electrochemical Impedance Spectroscopy Test: plus $150 set up fee -.for-firsttest-ori-each-probe-or.maferial-and4-1-5Q--per-week-far-labspace for test series longer than 1 week. Data only. L_�'5 Chemical and Electrochem€cal data analysis and interpretation (per test) Quarantine Sample dandling 431 West Baseline Road Claremont, CA 9171 1 Phone: 909.626.0967 Fax: 909.626.3316 SOIL TEST PACKAGES: General Building Materials $133/ea ■ As -received and saturated electrical resistivity (ASTM G-187) and pH Chemical analysis for major anions and cations, and ammonium and nitrates(Copper testing) • Sulfides (qualitative) and redox it anaerobic conditions ore suspected CalTrans/CTM $173/ea �mou nnuu • Minimum electrical resistivity and pH per California Test Method 643(Calfrans/CTM 643) ■ Chemical analysis for major anions and cations with chloride per CTM 422 & sulfate leer CTM 417 TURNAROUND TIMES: Page 2 Soluble Salts $861ea ■ Anions Package: chloride, sulfate, carbonate, bicarbonate, fluoride, phosphate, and nitrate ■ Cations Package: calcium, magnesium, sodium, potassium, and ammonium Turnaround times are measured from the time of sample arrival in HDR I Schiff office in Claremont, CA. Samples arriving before 12:00 PM Pacific Time will be marked with an arrival date of that day -- samples arriving after 12:00 PM will be marked as arriving the following day. Turnaround T/me Service Charges 7 -business days None 3 -business days 50% premium 1 -business dray 100% premium DISPOSAL OF SAMPLES: Soil, rock, water and/or other samples obtained from the Client are the property of the Client. However, HDR I Schiff shall retain a portion of such samples for no longer than forty-five (45) calendar days after the issuance of any document that includes the data obtained from them unless other arrangements are mutually agreed upon in writing. It is the Client's responsibility to notify HDR I Schiff in advance if samples contain any hazardous substance. If HDR I Schiff agrees to perform analyses on such samples unused material and residue will be returned to the client f9Lpr9per legal disposal ........ u ............. ....... .—_—._ ---------------- USDA ...___ . USDA CERTIFIED: HDR I Schiff is certified by the USDA to receive quarantine soils from domestic and foreign sources. Please call in advance for pricing and to arrange for shipment. SOIL CORROSIVITY STUDY: Report prices are not included with the laboratory charges. Please call for guote. March 2011 CORROSION ANIS CATHODIC PROTECTION ENGINEERING SERVICES PIANS & SPEC:IFICATIONS • FAIIURE ANALYSIS + EXPERT WITNESS • CORROSIVITY AND DAMAGeASSESSMENTS HDR Engineering, Inc. Terms and Conditions for Professional Services STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. 2. INSURANCE/INDEMNITY ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $2513,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, Including hired vehicles, owned and non -owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to Indemnify OWNER for claims to the extent caused by EtdGINEER's negligent acts, errors or omissions. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualiflcaiions, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bring or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the worts and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilifies of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6, SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-fumished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soilsfgeotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services are deemed necessary by ENGINEER. The OWNER agrees to bear ful€ responsibility for the technical accuracy and content of OWNER -famished documents and services. In performing professional engineering and related services hereunder, itis understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sale responsibility to obtain the advice of an attorney, insurance counselor or accountant to protect the OWNER's legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. 7. SUCCESSORS AND ASSIGNS OWNER and ENGINEER. respectively, btnd themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. RE -USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the spoeiflc purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensafion at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party, Where the mathod of payment is "lump sum," or cost reimbursement, the final invoice will include all date of termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shalt be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11, INVOICES (212011) ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Interna Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be availablo for inspection by OWNER's auditors upon request. If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed Item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification andfor correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed item only. OWNER recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at tlx: rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law, on invoices which are not paid within thirty (30) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notiee, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this Agreement. The execution of the charge shall be authorized and signed in the same manner as this Agreement, Adjustments In the period of services and In compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully defrnablo in the initial planning, In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. if such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice -to -proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for Individuals based on color, religion, sex, or national origin, or disabled veteran, recently separated veteran, other protected veteran and armed forces service 11246, and other employment, statutes and regulations, as stated in Title 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a -Q, § 6000.5 (a -e), § 60-741 (a -e), 18. HAZARDOUS MATERIALS' OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER's scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER; (i) retains appropriate specialist consultant(s) of Gontractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (it) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1890 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER'S services under this Agreement. If ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shat€ indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (indud€ng but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and alt court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (€) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willfu€ misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over a[I prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the total compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. % LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other Iegal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGWEER for then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. 19. UTILITY LOCATION If underground sampling/testing is to be performed, a local utility locating service shall be contacted to make arrangements for ail utilities to determine the location of underground utilities. In addition, OWNER shall notify ENGINEER of the presence and location of any underground utilities located on the OWNER's property which are not the responsibility of private/public ut€lities. ENGINEER shall take reasonable precautions to avoid damaging underground utilities that are property marked. The OWNER agrees to waive any claim against ENGINEER and will indemnify and hold ENGINEER harmless from Terms & Condition's for Professional Services 2 (212011) any claim of liability, injury or foss caused by or allegedly caused by ENGINEER's damaging of underground utilities that are not properly marRed or are not called to ENGINEER's attention prior to beginning the underground sampling1testing. x Terms & Conditions for Professional Services 3 (212411) AMENDMENT NO. 1 TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN ,JUAN CAPISTRANO ("City") and RBI= CONSULTING, ("Consultant") is made and entered into, to be effective the day of , 2012, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated April 19, 2011 for a total of $31,310:00 for Construction Management Support for Structural Items in the form of Materials Submittal and Shop Drawing Review, and Request for Information and Request for Clarification Support for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project- STPI_ 5372 (011) (CIP 07107) (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend the Agreement to add to the Scope of Work, extend the term, and increase the total compensation amount as follows: Section 1. Scope of Work The scope of work to be performed by the Consultant shall consist of those tasks as set forth in the original personal service agreement with the addition of those tasks as set forth in Exhibit 'A" attached herewith and incorporated herein by reference, Section 2. Term The term of the Agreement is hereby extended to the new completion date of September 28, 2012. Section 3. Compensation The City hereby agrees to pay the additional sum of Eighteen Thousand Dollars ($18,000.00) for a revised total not to exceed contract price of Forty Nine Thousand Three Hundred and Ten Dollars ($49,310,00) to Consultant for those services performed as set forth in Exhibit "A" 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay -1- 540028.1 Attachment 2 monthly progress payments based on approved invoices in accordance with this Section. The City eliminates the Rate Schedule subsection of the original agreement. Section 4. Entire Agreement This Amendment constitutes the entire understanding and agreement between the parties with respect to those additional services described herein and any other understandings, oral or in writing, are hereby superseded. Section 5. Other Terms All other provisions of the Agreement not amended hereunder shall remain in full force and effect. CITY OF SAN JUAN CAPISTRANO By: Karry Kramer, Mayor ATTEST: Am - Maria Morris, City Clerk APPROVED y FORM: �a doval, dfty " • CONSULTANT By: V/ -2- 540028.I February 2, 2012 JN: 10-108159 Nisha Patel, P.E. City of San Juan Capistrano 32400 Paseo Adelanto . ' San Juan Capistrano, CA 92676 Subject: Del 01aispo Bridge Widening Additional Items of Mork Dear Naha: At City's request RBF will provide engineering services for Removal and Reconstruction of Existing Bridge Overhang. The deck overhang located on the north side of the existing structure is to be removed and reconstructed to ensure it has sufficient capacity when subject to live load once the widening is completed and traffic spans the full width of the bridge. The concrete on the deck overhang shah be removed from the outside face of the exterior girder while keeping the existing reinforcing in place. Once the concrete has been removed, RBI= shall conduct a site visit to visually inspect and observe the size, spacing, location, and condition of the existing reinforcing. RBI* will then perform an analysis of the overhang to evaluate Its capacity and provide recommendations for any additional reinforcing that may be required to conform to the current requirements for the deck overhang. If additional reinforcing is required, a portion of the bridge deck (3'-4') located above the exterior girder and between the exterior girder and adjacent interior girder will need to be removed without damaging the existing reinforcing, and additional reinforcing placed for proper development. RBF will provide details for the limits of bridge removal as well as details for reinforcement placement and the repair of the concrete, coordinate with the City and Contractor, and perform necessary field inspection. to verify reinforcing placement and development prior to concrete placement. It is requested that the City authorize an additional $18,000 to complete this tank, Billing will be per billing rate In our original proposal dated Mar, 2; 2611, which is attachT, Please call me if you have any questions. Sincerely, -/W Sal Sheikh, P.E. Structural Engineer PLANNING 11 DESIGN W CONSTRUCTION ` 14725 Alton Parkway, Irvine, CA 92018-2027 c P.O. Box 57057, Irvine, CA 92819-7057 ■ 949.472.3505 ■ Fox 949.472.8373 Q flees located throughout California, Arizona & Nevada a www.RSF.com RBF Consulting Structural Engineering Services Labor Rates Project Manager $195.00 Project Engineer $148.00 Design Engineer $135,00 Administrative Professional $ 65.00