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11-0419_SMITH-EMERY LABORATORIES_Agenda Report_D81/15/2013 D8 City of San Juan apistrano Agent ort TO: Karen P. Brust, CityI'pbn C X J<-" FROM: James G. Ross, Interim ub is Works Director Prepared by: Nisha A. Patel, PE, Associate Engineerld DATE: January 15, 2013 SUBJECT: Consideration of Amendments to Personal Services Agreements for the Dei Obispo Street Widening from Alipaz Street to Paseo Adelanto Project (CIP 07107) (RBF Consulting, HDR, Smith -Emery Laboratories, Willdan Engineering, and LSA) RECOMMENDATION: By motion, 1) Approve the following Third Amendment to Personal Services Agreements (PSAs) for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project (CIP 07107): a. RBF Consulting to perform shop drawing review and request for information (RFI) support of structural items, increasing the contract amount by $5,000.00, for a total not to exceed contract amount of $67,310.00, and extending the term to April 1, 2013; and b. HDR Engineering to perform biological monitoring, increasing the contract amount by $1500.00, for a total not to exceed contract amount of $10,000.00, and extending the term of the contract to April 1, 2013; and c. Willdan Engineering to perform shop drawing review and request for information support of non-structural items, increasing the contract amount by $12,0000.00 for a total not to exceed contract amount of $40,790.00, and extending the term of the contract to July 26, 2013; and d. Smith -Emery Laboratories to perform geotechnical testing and inspection, extending the term to April 1, 2013; and e. RBF Consulting to. perform Stormwater Pollution Prevention Plan (SWPPP) development and Construction General Permit compliance, extending the term of the contract to April 1, 2013; and f. LSA Associates, Inc. to perform archeological and paleontological resources monitoring, extending the term of the contract to April. 1, 2013. City Council Agenda Report January15,.2013 Page 2 of 4 EXECUTIVE SUMMARY: Staff is requesting amendments to Personal Services Agreements (PSAs) for construction management support for the construction phase of the project due to delays and required additional work. The additional work includes the existing badge approach repair design revision, AT&T utility line design revision, joint seal revision, and additional retaining wall and fence design, additional Water Board Annual Report, and. as -built drawing preparation. The project has received approximately 3.5 million dollars of federal funding, and is under several environmental permits. The project needs to continue to follow strict requirements to ensure the City meets all the federal and environmental regulations. Therefore, City Council approval is required for the following: • RBF Consulting (structural support) - Extend term to April 1, 2013, and increase contract by $5,000, for a total not to exceed amount of $67,310.00. HDR Engineering - Extend term' to April 1, 2013, and increase contract by $1,500, for a total not to exceed amount of $10,000.00. • Willdan Engineering — Extend term to July 26, 2013, and Increase contract by $12,000.00, for a total not to exceed amount of $40,790.00. • RBF Consulting (SWPPP development and Construction General Permit compliance), Smith -Emery Laboratories, and LSA - Extend term to April 1, 2013. The project budget is sufficient to absorb increases in contract amounts as listed above. DISCUSSION/ANALYSIS: In April 2011, agreements were approved with the following firms for construction management services: Firm Service(s) Contract Total after Amendment RBF Consulting Structural support- request $31,310 $67,310 for information (RFI) and shop drawing review HDR Engineering Biological monitorin2 $8,500 $10,000 Willdan Engineering Non-structural support- $10,200 $401790 request for information and shop drawing review Smith -Emery Geotechnical testing and .$71,914 $80,914 Laboratories inspection RBF Consulting SWPPP development and $34,020 $50,020 General Permit Compliance LSA Archeological/ $5,750 $5,750 Paleontological Monitorin In April 2012, the agreements shown in the above table were extended to September 28, 2012. The project construction completion was expected to be delayed because the project incurred several design changes to include the existing bridge north overhang City Council Agenda Report January 15, 2013 Page 3 of 4 reconstruction, Polibrid 705 sheet pile coating, additional pre -tensioned strands in the girders, bridge pier nose wall re -design, additional sewer line potholing, additional rebar around unmarked storm drain within the retaining wall footing, storm damage repairs, MCI and SDG&E utility line extension, and SDG&E hanger rod material upgrades. Also, the RBF Consulting contract for structural engineering support was amended to add budget to perform engineering services for removal and reconstruction of the existing bridge overhang. The Willdan Engineering agreement was also amended to add budget to perform corrosion analysis for sheet pile design. In September 2012, some of the agreements shown in the table were increased in contract amount, and they were all extended to' December 31, 2012. The construction delay was caused by the need to change the construction method of the bridge overhang to cause the least traffic interference, required revisions to AT&T conduit location, installation of additional MCI, Cox, and SDG&E conduit construction, and additional closure wall construction. The construction of the project has been further delayed from the anticipated revised completion date of December 2012. This was caused by the need to change the construction phasing to cause the least traffic interference, required revisions to AT&T conduit design, existing bridge approach repair, unexpected buried foundation removals, change in the landscape subcontractor, and rain delays. Staff is requesting the term of the agreements with RBF Consulting, Smith -Emery Laboratories, Engineering, HDR, and LSA, be extended to April 1, 2013. Construction is expected to be completed by January 31, 2013. Staff requests extending the term of the agreements past the construction completion for the amount of time that it will take the consultants to prepare and submit final reports for the project, to bill their last invoice to the City, and the City to process their payment. Staff is also requesting a $5,000.00 increase to the Personal Services Agreement with RBF for structural support. They provided additional design services for slope erosion beneath the existing bridge approach, AT&T utility line revision, and an additional bridge joint seal. An additional retaining wall and an additional fence design are also needed. Staff is also requesting a $12,000.00 increase to the Personal Services Agreement with Wilidan Engineering to expand their scope to prepare as -built drawings after project construction is complete. Wilidan Engineering prepared the original construction drawings, and they will revise their files to prepare the as -built drawings. Staff requests extending the term of the agreement with Wilidan to July 26, 2013, for sufficient time for preparation and review of the as -built drawings, to bill their last invoice to the City, and the City to process their payment. FISCAL IMPACT: The existing project budget has sufficient funding for the contract increases. The consultant work is not reimbursable under the grant. It will be fully funded by Capistrano Circulation Fee Program (CCFP) funds. ENVIRONMENTAL IMPACT: Not applicable. City Council Agenda Report January 15, 2013 Page 4 of 4. PRIOR CITY COUNCIL REVIEW: On April 19, 2011, the City Council authorized construction management support contracts to RBF Consulting, Smith -Emery Laboratories, and Willdan Engineering. On April 3, 2012, the City Council approved amendments to the contracts with RBF Consulting for structural RFI and shop drawing review, and Willdan Engineering for non- structural RFI and shop drawing review to add budget and extend their contract. On April 17, 2012, the City Council approved amendments to the contracts with Smith - Emery Laboratories, and RBF Consulting for SWPPP compliance and Construction General Permit compliance to extend .the term of their contract. On September 18, 2012, the City Council approved amendments to the contracts with RBF Consulting, Smith -Emery Laboratories, Willdan Engineering, HDR, and LSA. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Tanya Bilezikjian (RBF Consulting) Sal Shiekh (RBF Consulting) Robert Greeley (Smith -Emery Laboratories) Ken Taylor (Willdan Engineering) Steve Conkling (LSA) Ingrid Eich (HDR) ATTACHMENT(S): Attachment 1 — Amendment No. 3 to the Personal Services Agreement with RBF Consulting for structural support -request for information and shop drawing review. Attachment 2 — Amendment No. 3 to the Personal Services Agreement with HDR Engineering. Attachment 3 — Amendment No. 3 to the Personal Services Agreement with Wildan Engineering. Attachment 4 — Amendment No. 3 to the Personal Services Agreement with Smith - Emery Laboratories. Attachment 5 — Amendment No. 3 to the Personal Services Agreement with RBF Consulting for SWPPP development and Construction General Permit compliance. Attachment 6 — Amendment No. 3 to the Personal Services Agreement with LSA. AMENDMENT NO.3 TO PERSONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and RBF Consulting, ("Consultant") is made and entered into, to be effective the day of , 2013, 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 to provide 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 STPL 5372 (011) (CIP 07107); and WHEREAS, on April 3, 2012, the City and Consultant amended the original contract with Amendment No. 1 to the Personal Services Agreement to extend the term of the agreement to a completion date of September 28, 2012, and add compensation in the amount of $18,000.00 for a total revised contract in the amount of $49,310.00; and WHEREAS, on September 18, 2012, the City and Consultant amended the contract with Amendment No. 2 to the Personal Services Agreement to extend the term of the agreement to a completion date of December 31, 2012, and add compensation in the amount of $13,000.00 for a total revised contract in the amount of $62,310.00; and Whereas the City and Consultant desire to amend the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 3.1 of the Agreement as follows: 2013. Section 2. Term. The'term of the Agreement is hereby extended to the new completion date of April 1, Section 3. Compensation. 3.1 Amount The City hereby agrees to pay the additional sum of Five Thousand Dollars ($5,000.00) for a revised total not to exceed contract price of Sixty Seven Thousand Three Hundred and Ten Dollars ($67,310.00) to Consultant for those services performed as set forth in Exhibit "A" of the Agreement. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. -1- 340029.1 ATTACHMENT 1 CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor ATTEST: By: Maria Morris, City Clerk APPROVED AS BY: CONSULTANT 0 -2- 540029.1 msm Patel March 2, 2011 Page 2 EXHIBIT "N' Scope of Services Scope of Services: The Scope of Services for Construction Management Support for Structural Items shall include the following: 1. Review Shop Drawfngs/Matertal Submittals: • Steel pile certificate of compliance, Including test reports • Structural concrete mix designs, cement compliance certificate, aggregate grading, admixtufes, curing compound, deck form, bearing pad, filter fabdo, treated permeable base, geocomposke dram, sealing Joints, eto. • Rapid setting concrete • Precast girder, prestressing, calculations, plans • Joint seals • Reinforcing certification, bar placing list and layout, drill and bond dowels, couplers • Utility hangers, supports • Pier noeing plate • Concrete barrier • Deck drainage • Sheet King • ShoringtForming 2. Respond to Request for Information (RFI) or Request for Ctartficatlon (RFC). Thls-work will supplement and clarify any additional information as needed during construction requested by the Contractor. 3. Coordinate with Construction Manager or City Protect Manager regarding Items 1 & 2, 4. Evaluate need for design change during the course of Submittal review and RFURFC. AMENDMENT NO.3 TO. PERSONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and HDR Engineering, Inc., ("Consultant") is made and entered into, to be effective the day of , 2013, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated May 17, 2011 for a total of $8,500.00 to prepare annual and final reports, and associated photo documentation to complywith Conditions A.10, EA, F.1, and G.3 of 401 Certification No. 09C-020 for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project STPL 5372 (011) (CIP 07107); and WHEREAS, on April 12, 2012, the City and Consultant, amended the original contract with Amendment No.1 to the Personal Services Agreement to extend the term of the agreement to a completion date of September 28, 2012; and WHEREAS, on September 18, 2012, the City and Consultant amended the contract with Amendment No. 2 to the Personal Services Agreement to extend the term of the agreement to a completion date of'December 31, 2012. Whereas the City and Consultant desire to amend the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 3.1 of the Agreement as follows: Section 2. Term. The term of the Agreement is hereby extended to the new completion date of April 1, 2013. Section 3. Compensation 3.1 Amount The City hereby agrees to pay the additional sum of One Thousand Five Hundred Dollars ($1,500.00) for a revised total not exceed contract price of Ten Thousand Dollars ($10,000.00) to Consultant for those services performed as set forth in Exhibit "A" of the Agreement. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. -1- 540028.1 ATTACHMENT 2 ATTEST: By: Maria Morris, City Clerk APPROVED'AS 1f\0 FORM: s Van�ig>;en, City Attorney 2 CITY OF SAN JUAN CAPISTRANO 0 John Taylor, Mayor. CONSULTANT By: May 13, 2011 Ms. Nisha Patel City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposed Scope ofServices— City of San Juan Capistrano—Del Obispo Bridge Widening Project 401 Certification Compliance Dear Ms. Patel: We are pleased to present this proposed Scope of Services to provide regulatory support services for the Del Obispo $ridge Widening Project in San Juan Capistrano, Orange County, California. Project construction is anticipated to begin as early as May 31, 2011. Per your request, please find below a scope of work to assist with 401 Certification compliance. Pursuant to Conditions A.10, E.1, F.I and G.3 of Water Quality Certification No. 09C-020, the City must provide to the regional board annual reports during project and a final annual report upon project completion. These reports will include stream photo documentation and post -project Best Management Practice's (BMP) photo documentation. Task 1: Provide Photo Documentation HDR will conduct stresm and BMP photo documentation in accordance with Attachment 6 for Water quality Certification No. 09C-020, which described in detail the photo documentation procedures. HDR will document the existing conditions of the project site prior to project implementation. This site visit will be conducted concurrently with the pre -construction nesting bird survey. HDR will also document the post -project conditions, including the BMP's upon project completion. The photo documentation procedure requires a team of two. The following - - -information will be recorded in a photo log: • Project name, and contract number . General location (stream, beach, city, etc.), and short narrative . .description of project's habitat type, goals, etc. . Photographer and other team members . Photo number . Date . Time (for each photograph) • Photo point information, including: • Name or other unique identifier Has E,I.... i., I.,. eeno e.. Av.nu. e5e-712 aa00 8.1.200 858]12.632]eul sm Oep.. U 92,23 EXHIBIT A Ms. Nisha Patel City of San Juan Capistrano May. 13, 2011 Page 2 • Narrative description of location including proximity to and direction from notable landscape features like roads, fence lines, creeks, rock outcrops; large trees, buildings, previous photo points, etc. -- sufficient for future photographers who have never visited the project to locate the photo point • Latitude, longitude, and altitude from map or GPS unit • Magnetic compass bearing from the photo point to the subject • Specific information'about the subject of the photo The locations of steam photos will be selected to demonstrate the existing conditions of the stream including ground elevation and width such that post -project photos will demonstrate that the pre-existing stream conditions have been fully restored. BMP photo documentation locations will be selected to demonstrate that the BMP's are serving to protect wildlife and water quality as anticipated. Task 2: Annual Reports Based upon the 10 month project schedule, HDR anticipates that one annual report and one final annual report will be required. The first annual report is due to the regional board by August 1. A draft report will be provided to the City of review by July 15th. The Final Annual report will be prepared upon completion of the project. Tice first annual report will include a summary of the status of construction and compliance with the 401 Certification as well as the pre -project stream photos. The final report will include a summary of project compliance including post -project BMP and stream photos and 11x17 as-builts for the project. Deliverables: One draft annual report and one draft final annual report. One annual report and one final annual report incorporating comments from the City or Regional Board as needed. HDR will provide up to five hardcopies and one electronic copy of each report (PDF). Cost Estimate: $8,500 NOR Fntiinearing. Inc. Ms. Nisha Patel City of San Juan Capistrano May 13, 2011 Page 3 Please contact our project manager, Ingrid Chlup at 714.730.2389 if you have any questions or comments. HDR is prepared to begin work immediately on this of ort upon receipt of notice to proceed. Sincerely, HDR ENGINEERING, INC. Tim Gnibus . Environmental Business Class Lead HDA Engineering, Inc. AMENDMENT NO.3 TO PERSONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO (City") and Willdan Engineering, ("Consultant") is made and entered into, to be effective the day of , 2013, 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 to provide 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 Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project STPL 5372 (011) (CIP 07107); and WHEREAS, on April 3, 2012, the City and Consultant amended the original contract with Amendment No. 1 to the Personal Services Agreement to extend the term of the agreement to a completion date of September 28, 2012, and add compensation in the amount of $18,590.00 for a total revised contract in the amount of $28,790.00; and WHEREAS, on September 18, 2012, the City and Consultant amended the contract with Amendment No. 2 to the Personal Services Agreement to extend the term of the agreement to a completion date of December 31, 2012 Whereas the City and Consultant desire to amend the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 3.1 of the Agreement as follows: Section 2. Term. The term of the Agreement is hereby extended to the new completion date of July 26, 2013. Section 3. Compensation, 3.1 Amount The City hereby agrees to pay the additional sum of Twelve Thousand Dollars ($12,000.00) for a revised total not to exceed contract price of Forty Thousand Seven Hundred and Ninety ($40,790.00) to Consultant for those services performed as set forth in Exhibit "A" of the Agreement. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTACHMENT 3 ATTEST: By: Maria Morris, City Clerk APPROVED AS TO BY: I -Fans Van en, City Attorney �A CITY OF SAN JUAN CAPISTRANO John Taylor, Mayor CONSULTANT Ms. Nisha Patel March I, 2011 Page 7 wide to accommodate a striped center median, four travel lanes, and shoulder and st- dewalk on both sides. The Garvey Avenue Bridge was funded by the Highway Bridge Rehabilitation and Replacement (HBRR) Program and the Seismic Retrofit Funds. The project was awarded Project of the Year by the America Public Works Association. Location City of Rosemead Project Team Wkidan has assembled a highly qualified team of technical experts to augment the City of San J uan CapistranoV staff to support the construction of the Vanowen Street Bridge over the los Angeles River. The following are brief btos of our key team members, Detailed resumes are in the Appendix of this proposal. Ken Taylor, PE, of Wllldan Engineering, will provide civil and drainage design support services related to the road- way and channel improvements Jeff McClure of McClure Consulting Corporation will assist Mr. Broz and Mr. Taylor to civil and drainage design support services related to the roadway, utility and channel Improvements, Detailed Scope of Services and Schedule — Exhibit A Our following scope of services identifies the tasks to provide design support services during construction of the re- building and widening of the Van Owen Street Bridge over the Los Angeles River. Task 1-- Civil Design Support Services during Construction The required design support services for the civil improvements during construction will be provided by Jeff McClure and Ken Taylor who were members of the original design team for this project during the design phase of the project. The Witidan team will perform the following tasks: 1.1 Request for Information (RFI): The Willdan team will respond to all the contractor's RFI's related to the design pians and specifications in a timely, manner, The Willdan team will evaluate each RFI and provide a written response to the to City's construction manager for forwarding to the Contractor. 1.2 Shop Drawing Review: The Willdan team w11 review and approve or comment on the contractor's submitted shop drawings. 1.3 Submittal Review: The Willdan team will review and approve or comment on the contractor's submitted technical sumittals. /WILLDAN I Engincrming Ms. Nisha Patel March I, 2011 Page e Schedule Project construction duration has been established by the City as being 300 calendar days. The City has not idene fed, but 4 is assumed, that the work in the riverbed will be limited to the dry seasons only. Because there Is asso. dated roadway work on both roadway approaches to the bridge It is further assumed that construction work will be continuous for the 101 300 calendar days without any stoppage for the wet seasons. Fee Estimate Our es0maled fees for the above scope of work Is $10,200 for a duration of 300 working days of design support ser- vices, which includes our subconsultant's fees The following table provides a summery of our fee. Appendix a contains a detalied fee estimate. The above lump sum fee does not Include the following mmv Re•desgn, new designs or changes to the "is ling design that are part of the contractors operations, emirs or requests for cast reduction Incentive proposals Materials sampling and taslirg Construction engineering or Inspection Job site safely, contractor safely compliance and public safety of consbucaon worksite. Environmental permit amendments or Section 7 ConsuaaWn, HASSMAER Documenlallon Condition 19 of the Section 401 Certification wilt be the contractor's responsiblllty. This includes developing and approval of a Surface Water Diversion Plan. Condition 19 also includes water testing that is also the responsibility of the contractor The Wtidan team has the depth of resources to provide the necessary support to the City's project manager for the successful delivery of the project. We appreciate the opportunity to present our proposal. Please contact me at (714) 978.8251 or tbrooftil ftni.cem if you have any questions or require additional information. Respectfully submi Will dan Englne rpg Thomas Broz, PE, BE, PASCE Director, Program and Constmcllon Management Services ,O/WILLDAN FnpinnMrg AMENDMENT NO.3 TO PERSONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Smith -Emery Laboratories, ("Consultant") is made and entered into, to be effective the day of - , 2013, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated April 19, 2011 fora total of $71,914.00 to provide Geotechnical Testing and Inspection Services for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project STPL 5372 (011) (CIP 07107); and. WHEREAS, on April 17, 2012, the City and Consultant amended the original contract with Amendment No. 1 to the Personal Services Agreement to extend the term of the agreement to a completion date of September 28, 2012; and WHEREAS, on September 18, 2012, the City and Consultant amended the contract with Amendment No. 2 to the Personal Services Agreement to extend the term of the agreement to a completion date of December 31, 2012; and add compensation in the amount of $9,000.00 for a total revised contract in the amount of $80,914.00; and Whereas the City and Consultant desire to amend the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 3.1 of the Agreement as follows: Section 2. Term. The term of the Agreement is hereby extended to the new completion date of April 1, 2013. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTACHMENT 4 ATTEST: By: Maria Morris, City Clerk APPROVED ASV FORM: Hans Van LigteKCity Attorney F CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONSULTANT By: AMENDMENT NO.3 TO PERSONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and RBF Consulting, ("Consultant") is made and entered into, to be effective the day of , 2013, as follows: RECITALS . WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated April 19, 2011 for a total of $34,020.00 to provide SWPPP Development and Construction General Permit Compliance for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project STPL 5372 (011) (CIP 07107); and WHEREAS, on April 17, 2012, the City and Consultant amended the original contract with Amendment No. 1 to the Personal Services Agreement to extend the term of the agreement to a completion date of September 28, 2012; and WHEREAS, on September 18, 2012, the City and Consultant amended the contract with Amendment No. 2 to the Personal Services Agreement to extend the term of the agreement to a completion date of December 31, 2012, and add compensation in the amount of $16,000.00 for a total revised contract in the amount of $50,020.00; and Whereas the City and Consultant desire to amend the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 3.1 of the Agreement as follows: Section 2. Term. The term of the Agreement is hereby extended to the new completion date of April 1, 2013. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTACHMENT 5 ATTEST: a Maria Morris, City Clerk APPROVED AS O FORM: BY: Hans Van Ligten, City Attorney 2 CITY OF SAN JUAN CAPISTRANO m John Taylor, Mayor CONSULTANT 0 AMENDMENT NO.3 TO PERSONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and LSA Associates, Inc., ("Consultant") is made and entered into, to be effective the day of , 2013, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated May 23, 2011 for a total of $5,750.00 to Conduct Archeological and Paleontological Resource Monitoring for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project STPL 5372 (011) (CIP 07107); and WHEREAS, on April 23, 2012, the City and Consultant amended the original contract with Amendment No. 1 to the Personal Services Agreement to extend the term of the agreement to a completion date of September 28, 2012; and WHEREAS, on September 18, 2012, the City and Consultant amended the original contract with Amendment No. 2 to the Personal Services Agreement to extend the term of the agreement to a completion date of December 31, 2012; and Whereas the City and Consultant desire to amend the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 3.1 of the Agreement as follows: Section 2. Term. The term of the Agreement is hereby extended to the new completion date of April 1, 2013. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTACHMENT 6 ATTEST: By: Maria Morris, City Clerk APPROVED AS TO FORM: , City Attorney 2 CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor CONSULTANT By: TO: FROM: DATE: City of San Supplements Karen P. Brust, City apistrano nda Report James G. Ross, Interim e6biic Works Director Prepared by: Nisha A. Patel, PE, Associate Engineer isle January 15, 2013 1/1512013 SUBJECT: Consideration of Amendments to Personal Services Agreements for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project (CIP 07107) (RBF Consulting, HDR, Smith -Emery Laboratories, Willdan Engineering, and LSA) RECOMMENDATION: By motion, 1) Approve the following Third Amendment to Personal Services Agreements (PSAs) for the Del Obispo Street Widening from Alipaz Street to Paseo Adelanto Project (CIP 07107): a. RBF Consulting to perform shop drawing review and request for information (RFI) support of structural items, increasing the contract amount by $5,000.00, for a total not to exceed contract amount of $67,310.00, and extending the term to April 1, 2013; and b. HDR Engineering to perform biological monitoring, increasing the contract amount by $1500.00, for a total not to exceed contract amount of $10,000.00, and extending the term of the contract to April 1, 2013; and c. Willdan Engineering to perform shop drawing review and request for information support of non-structural items, increasing the contract amount by $12,000.00 for a total not to exceed contract amount of $40,790.00, and extending the term of the contract to July 26, 2013; and d. Smith -Emery Laboratories to perform geotechnical testing and inspection, extending the term to April 1, 2013; and e. RBF Consulting to perform Stormwater Pollution Prevention Plan (SWPPP) development and Construction General Permit compliance, extending the term of the contract to April 1, 2013; and f. LSA Associates, Inc. to perform archeological and paleontological resources monitoring, extending the term of the contract to April 1, 2013. City Council Supplementary Agenda Report January 15, 2013 Page 2 of 2 SITUATION: After the posting of the City Council Agenda, a typographical error was discovered in item 1 c of the recommendations to the report. The increase to the Wilidan Engineering contract amount should be $12,000.00.