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
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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