13-0416_HDR ENGINEERING, INC._Personal Services Agreement Amd No. 4AMENDMENT NO.4 TO
PERSONAL SERVICES AGREEMENT
THIS FOURTH 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 fora total of $8,500.00 to prepare annual and final reports,
and associated photo documentation to comply with Conditions A.10, E.1, 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, on January 15, 2013, the City and Consultant amended the contract
with Amendment No. 3 to the Personal Services Agreement to extend the term of the
agreement to a completion date of April 1, 2013, and add compensation in the amount of
$1,500.00 for a total revised contract in the amount of $10,000.00.
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
December 31, 2013.
All other provisions of the Agreement not amended hereunder shall remain in
full force and effect.
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340028.1
ATTACHMENT 2
APPROVED•FORM:
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CONSULTANT HDR Engineering, Inc.
By: c
/dames Cathcart, EcCenidr Vice President
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO. CA 92675
(949) 493.1171
(949) 493.1053 FAx
wim.sanjuancapistrano. org
TRANSMITTAL
TO:
HDR Engineering, Inc.
3230 EI Camino Real, Suite 200
Irvine, CA 92602
DATE: April 24, 2013
FROM: Manny Ruelas, Office Assistant (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
ROY L. BYRNES, M.O.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Amendment No. 4 to Personal Services Agreement — Prepare Annual and Final Reports
Related to Del Obispo Street Widening Project (CIP 07107)
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreement. If you have questions related to insurance requirements, please call Manny
Ruelas, Office Assistant at (949) 443-6308.
If you have questions concerning the agreement, please contact Nisha Patel, Associate
Engineer at (949) 443-6350.
Enclosed is an original agreement for your records.
Cc: Nisha Patel, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Pnntod on 100% racyotad PqPw
Manny Ruelas
From:
Manny Ruelas
Sent:
Wednesday, April 24, 2013 3:17 PM
To:
Nisha Patel
Subject:
Copy of Contract Transmittal- Willdan Engineering, Smith -Emery, RBF Consulting, LSA
Associates, HDR
Attachments:
Willdan Engineering- Amendment 4.pdf, Smith -Emery- Amendment 4.pdf, RBF
Consulting- Amendment 4.pdf, LSA Associates, Inc.- Amendment 4.pdf, HDR -
Amendment 4.pdf
Hi Nisha,
Attached please find a copy of the contract transmittals for Willdan Engineering, Smith -Emery, RBF Consulting, LSA
Associates and HDR. If you have any questions let me know.
Have a great day
Manny Ruelas
Office Assistant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone:(949) 443-6308/ Fax: (949) 493-1053
04/16/2013
D11
City of San JuartQapistrano
Agen ort
TO: Karen P. oust, City Ma�ii
FROM: Jamesrl. Ross, Interim Mblic Works Director
ril
ar y: Nisha A. Patel, PE, Associate Engineer Zk
DATE: April 16, 2013
SUBJEC Consideration of Amendments to Personal Services Agreements for the
Del Obispo Street Widening from Alipaz Street to Paseo Adeianto Project
(CIP 07107) (RBF Consulting, HDR, Smith -Emery Laboratories, Willdan
Engineering, and LSA)
RECOMMENDATION:
By motion,
1`) Approve the following Fourth 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 extending the term of the contract to December
31, 2013; and
b. HDR Engineering to perform biological monitoring, extending the term of the
contract to December 31, 2013; and
c. Willdan Engineering to perform shop drawing review and request for information
support of non-structural items, increasing the contract amount by $9,000.00 for
a total not to exceed contract amount of $49,790.00, and extending the term of
the contract to December 31, 2013; and
d. Smith -Emery Laboratories to perform geotechnical testing and inspection,
extending the term of the contract to December 31, 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 December 31, 2013; and
f. LSA Associates, Inc. to perform archeological and paleontological resources
monitoring, extending the term of the contract to December 31, 2013.
City Council Agenda Report
April 16, 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 existing bridge approach repair and the AT&T
utility line construction were delayed due to rain and low temperatures. The Orange
County Flood Control maintenance road driveway approach was redesigned and
reconstructed. The area between the bioswale on the northwest comer of Del Obispo
Street and Paseo Adelanto and the channel walls will be landscaped for erosion control,
and fences will be added by the bloswale entrances. The longitudinal joint seal between
the two bridges will be replaced also. The additional construction work will cause a
delay In the project completion. RBF Consulting and Willdan Engineering are providing
construction management services for the work. They have addressed additional
requests for information, and material submittal and shop drawing review as part of the
work. A request for information (RFI) Is a question a contractor asks the City when they
need further clarification on design provided in the plans and specifications.
The project 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:
Willdan Engineering — Extend term to December 31, 2013, and increase contract
by $9,000.00, for a total not to exceed contract amount of $49,790.00.
RBF Consulting (structural support), RBF Consulting (SWPPP development and
Construction General Permit compliance), HDR Engineering, Smith -Emery
Laboratories, and LSA - Extend tern to December 31, 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:
Flan
Service(s)
Total contract
Total after
with previous
recommended 4u'
Amendments
Amendment
RBF Consulting
Structural support- request
$67,310
$67,310
for information (RFI) and
shop drawft review
HDR Engineering
Biological monitoring
$10,000
$10,000
Willdan Engineering
Non-structural support-
$40,790
$49,790
request for information (RFI)
and shop drawing review
Smith -Emery
Geotechnical testing and
$80,914
$80,914
Laboratories
Inspection
RBF Consulting
SWPPP development and
$50,020
$50,020
General Permit Compliance
LSA
Archeological/
$5,750
$5,750
Paleontolo ical Monitoring
City Council Agenda Report
April 16, 2013
Page 3 of 4
In January 2013 staff requested an extension to the term of the agreements with RBF
Consulting, Smith -Emery Laboratories, Engineering, HDR, and LSA, to April 1, 2013.
The construction of the project was further delayed due to the need to change the
construction phasing to cause the least traffic interference, required revisions to AT&T
conduit design, a Mating bridge approach repair, unexpected buried foundation
removals, change in the landscape subcontractor, and rain delays.
Rain delays and night time low temperatures caused significant delays in scheduling the
roadway pavement section construction of the existing bridge approach repair. The
construction was scheduled at night because three lanes, one westbound travel lane
and two left tum lanes would be impacted on the bridge, and performing the work during
the daytime would have caused massive. congestion. The night time temperatures for
the last two months have been lower than 50 degrees. Per the "Greenbook" Standard
Specifications for Public Works Construction (SSPWC) asphalt cannot be laid at outside
temperature of less than 50 degrees Fahrenheit, and should be installed at an internal
temperature of between 270 and 320 degrees Fahrenheit. The bridge approach
roadway work impacted the AT&T utility One construction completion because the
contractor could not cap the end of the line and confirm proper embedment and
compaction until the end of the line was exposed for the roadway section construction.
Staff is requesting the term of the agreements with RBF Consulting, Smith -Emery
Laboratories, Wilidan Engineering, HDR, and LSA, be extended to December 31, 2013.
Construction is expected to be completed in the next few weeks. Remaining
construction to be completed is the new landscape area between the. bioswale and the
channel wall at the northwest comer of Del Obispo Street and Paseo Adelanto,
additional fences by the bio-swales, -and punch list items. Also, archeological monitoring
by LSA will continue because the City is required to perform the archeological
monitoring of the remaining phase of construction for the overhead utility to
underground conversion which SDG&E will start constructing next month. 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 and their final
Invoices to the City, and the City to process their payment. The extended contract term
will also allow sufficient time for consultants to address questions or additional
information which environmental resource agencies or Caltrans may have regarding
final reports submitted to them.
Staff is also requesting a $8,000.00 increase to the Personal Services Agreement with
Willdan Engineering for. redesign of the driveway approach for the Orange County
Flood Control maintenance road; respond to additional landscape and irrigation request
for information, material submittal, and shop drawing review; additional landscape and
imgation design for the area between the bio-swale on the northwest comer of Del
Obispo Street and Paseo Adelanto and the channel slope walls.
FISCAL 1
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.
City Council Agenda Report
April 16, 2013
Pane 4 of 4
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
On April 19, 2011, the City Council authorized construction management support
contracts to RBF Consulting, Smith -Emery Laboratories, and Wilidan 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 oontract.
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.
On January 15, 2013, the City Council approved amendments to the contract 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 (Wilidan Engineering)
Steve Conkling (LSA)
Ingrid Eich (HDR)
ATTACHMENT(S):
Attachment 1 — Amendment No.* 4 to the Personal Services Agreement with RBF
Consulting for structural support- request for information and shop
drawing review.
Attachment 2 — Amendment No. 4 to the Personal Services Agreement with HDR
Engineering.
Attachment 3 — Amendment No. 4 to the Personal Services Agreement with Willdan
Engineering.
Attachment 4 — Amendment No. 4 to the Personal Services Agreement with Smith -
Emery Laboratories.
Attachment 5 — Amendment No. 4 to the Personal Services Agreement with RBF
Consulting for SWPPP development and Construction General Permit
compliance. .
Attachment 6 - Amendment No. 4 to the Personal Services Agreement with LSA.
AMENDMENT NO.4 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 comply with Conditions A.10, E.1, 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, on January 15, 2013, the City and Consultant amended the contract
with Amendment No. 3 to the Personal Services Agreement to extend the term of the
agreement to a completion date of April 1, 2013, and add compensation in the amount of
$1,500.00 for a total revised contract in the amount of $10,000.00.
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
December 31, 2013.
All other provisions of the Agreement not amended hereunder shall remain in
full force and effect.
-1-
540028.!
ATTACHMENT 2
ATTEST:
By:
Maria Morris, City Clerk
APPROVED AS O FORM:
BY:
4ansVan Ligten, City Attomey
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540028.1
CITY OF SAN JUAN CAPISTRANO
By:
John Taylbr, Mayor
CONSULTANT
By: