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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. -1- 340028.1 ATTACHMENT 2 APPROVED•FORM: �11�11 �� �' . -2- CIT' 0 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 -2- 540028.1 CITY OF SAN JUAN CAPISTRANO By: John Taylbr, Mayor CONSULTANT By: