AMENDMENT NO. 4 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF PROFFESSIONAL SERVICES WITH
BIGGS CARDOSA ASSOCIATES INC.
This Amendment No. 4 ("Amendment") to Professional Services Agreement is made and entered into effective the September 6, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Biggs Cardosa Associates, Inc., a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective January 17, 2017 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to extend the term of the agreement and increase the cumulative contract not -to -exceed amount by $182,000 for additional design and field work in support of the Golden Avenue Bridge Replacement Project. (iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1. Compensation. Consultant shall be paid in accordance with the revised fee schedule for an amount of $182,000 for the additional services set forth in Exhibit "A" of this Amendment No. 4. Consultant's total compensation shall not exceed Eight Hundred Fifteen Thousand and Four Hundred Thirty -Six Dollars ($815,436).
2. Section 4, Paragraph 1 of the Agreement is hereby amended to read as follows:
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on January 26, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
ATTACHMENT 1
4. The Agreement, all amendments together with this Amendment No. 4 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 4 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 4 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 4 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Michael Thomas, Principal Rhonda Shader, Mayor
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
ATTACHMENT 1
BIGGS CAROOSA
ASSOCIATES INC
STRUCTURAL ENGINEERS
500 S. Main Street, Ste 400
Orange, CA 92868-4507
Telephone 714-550-4665
Facsimile 714-550-7294
Mr. Luis Estevez, Public Works Manager
City of Placentia, Public Works Department
401 East Chapman Avenue
Placentia, CA 92870
April 25, 2022
BCA Project No. 2017041
Subject: Extra Services and Fee Request Funding assistance (E-76), Environmental Permit reverification, Construction Bidding Services and Construction Phase Services for Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Federal Project No. BRL- 5269(025) Bridge NO. 55C-0192
Dear Luis:
Biggs Cardosa Associates is submitting this Extra Services and Fee Request per your request for engineering services during the environmental reverification process, a potential E-76 submittal, continued utility provider coordination, on-going review & coordination with the OC Loop project, and engineering support during the Construction Bidding and Construction Phases of the Golden Ave. Bridge Replacement Project. Per our phone meeting on 4/22/22, it is our understanding that the City does not yet know how or when the construction funding that was previously earmarked for shovel ready projects will be delivered. The possibility exists that the funds will be programmed through the E-76 process. As we discussed, these two avenues for the funding to arrive to the City involve vastly different time schedules as well as level of efforts to get to the solicitation of construction bids. Also discussed was the need for the reverification of the environmental permits as they have now expired.
The current status of the regulatory permitting is as follows: A Clean Water Act (CWA) Section 401 Water Quality Certification application was submitted to the Regional Water Quality Control Board (RWQCB) in April 2019. An email was received from the RWQCB in June 2019 stating that the RWQCB has no objection to the project as proposed and would not issue a specific RWQCB permit for the project. A CWA Section 404 Pre -Construction Notification was submitted to the United States Army Corps of Engineers (USACE) in April 2019. A Nationwide Permit (NWP) Verification Letter was received from the USACE for the project in May 2021. A Streambed Alteration Notification was submitted to the California Department of Fish and Wildlife (CDFW) in April 2019. In May 2019, a letter was received from the CDFW stating that no Lake or Streambed Alteration Agreement was needed for the project because the project would not substantially adversely affect an existing fish or wildlife resource.
The NWP verification expired in March 2022. The USACE is requiring resubmittal of the 401 Water Quality Certification to the RWQCB prior to reverification of the 404 NWP.
The following scope and fee proposal intends to cover the larger scope and budget needs for the E-76 process as well as requested coordination with the ongoing OC Loop project, the bid phase and construction support phase. In this fashion, should the earmark be obtained as it was originally intended, the City should realize a budgetary savings through the diminished work effort required by the Project Development Team (PDT). The steps required for the original earmark & the E-76 process to arrive at bid solicitations involve the reverification of the permits, reinitializing & finalizing utility coordination, revisiting the construction documents and modifying as necessary, and continued coordination with the City and PDT. The key differences between the longer E-76 process and the shorter process where the City obtains the original earmark, are the Right -of -Way certification, extended utility coordination, extended City & PDT coordination, and anticipated document/ exhibit preparation in support of the funding application and ROW certification.
The tasks are broken down and described as follows:
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EXHIBIT A
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
Additional Project Management Services:
Additional coordination & progress meetings with the City and the PDT team are required, as well as project administration duties including progress reports.
Regulatory Permitting Services:
Section 401 Water Quality Certification Application
Since the 401 Water Quality Certification Application was submitted to the RWQCB in April 2019, the application has been updated. BCA team member GPA will prepare a new application for a Section 401 Water Quality Certification for submittal to the RWQCB. The application will include a brief description of the project, potential impacts, measures to minimize impacts, and other pertinent project information, as required by the RWQCB. GPA will coordinate with the County and RWQCB as needed to obtain the 401 Certification.
Section 404 Nationwide Permit Reverification
BCA team member GPA will update the PCN package as needed and resubmit the notification to the USACE.
The notification will include a brief description of the project, potential impacts, measures to minimize impacts, and other pertinent project information, as required by the USACE. GPA will coordinate with the County and USACE as needed to obtain the 404 re -verification.
Section 408 Permit Reverification
BCA team will assist the City with the coordination with the USACE for the re -verification of the 408 permit.
At this time, it is unknown as to the extent of the documentation needed for this particular permit. We anticipate some document/ exhibit preparation in support of this process.
OC Loop Project Review and Coordination Services:
The City has asked the BCA team to review the OC Loop progress sets as they are shared with the City by County staff. These reviews and subsequent coordination meetings are on-going. It is unclear at this time as to the extent of any needed changes to our project's completed construction documents as the review and coordination are a fluid process. We will anticipate a required number of hours needed for current and future reviews/coordination with the County's consultant. If the need should arise, we will discuss any modifications with the City to determine the best course of action and will determine any budgetary needs at that time. Alternatively, in previous discussions with Masoud Sepahi it was agreed that if the OC Loop project requires a change in our project's design, those changes would be addressed during the construction stage via a "notice of design change". Please see the 'Construction Support Services' section below.
Utility Coordination Services:
The BCA team will reverify information contained in the Utility Matrix identified on sheet C-3 of the Construction Drawings. The pertinent Agency Contact Person will be confirmed and updated as necessary.
Utility notices will be sent to the Contact Person requesting any updated plans/maps for the site or to confirm that the existing information on file is still accurate. Contract documents will be revised as needed. Please note that the ROW certification process requires a more rigorous/ detailed utility agreement process involving additional coordination and document preparations.
Right of Way Engineering Services:
The current Plans indicate all plottable and non-plottable rights-of-way and easements. Right of Way Certification is needed with submittal of a construction allocation request. Caltrans will need to approve the ROW Certification if the project has federal funding. State -only funding projects only require the local agency's self -certification. If the project is to receive federal funding, then the E-76 will be required. The racr_
EXHIBIT A
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
BCA team will support the City in processing the allocation request and submitting the E-76.
Construction Bidding Services:
The BCA design team will provide assistance to the City during the bidding process. This assistance includes attending Pre -Bid Construction Meetings and other office and field meetings necessary to clarify any design questions raised and found from the plans prior to construction beginning on the project. The BCA team will work closely with City staff to respond to all bid inquiries and questions relating to the plans and specifications during the bid period. Should addenda be required, the BA+CA team will assist with their preparation. All written responses to Contractor inquiries will be provided within two (2) working days of receipt of the Contractor's request. Along with this support, we will also be available to attend the bid opening. If requested, the BCA team will conduct a review of their services within the bids and supporting documentation to assist in confirmation of the lowest responsive and responsible bidder. Once this review is complete, we will make a recommendation to the City with the acceptance of and award, or if a rebid of the project if determined necessary.
Construction Support Services:
BCA will provide assistance to the City during construction which is anticipated to last between 6 to 8 months. The following tasks assume a duration of 8 months and include responding to requests for information (RFI's), assisting in contract change orders (CO's), reviewing shop drawings and materials/product submittals for conformance with the plans and specifications, provide clarification of design intent, when necessary, field visits to address construction issues and to observe construction of key structural components. It is assumed that there will be monthly meetings to discuss the progress of the project's discussion (8 total) and also a total of 12 field visits is assumed for the preparation of this fee estimate. Within thirty (30) days following the completion and acceptance of the Project, the BCA team will furnish a complete set of As-Builts on Bond paper to the City. Revisions will be solely based upon as - built information provided to the City and the BCA team by the City's Construction Manager and the Project Contractor. Upon approval of the bond copy of plans by the City, we will plot the As-Builts on Mylar for submittal to the City for their records.
As previously stated, should the OC Loop Project require changes in our project's design, the changes would be addressed during the construction stage. Accordingly, we have assumed a nominal amount of time that may be required for a redesign and the drafting and coordination related to any changes. Given the unknown nature of any future changes in design, this work effort and the accompanying budget should be viewed as provisional and subject to future amendments. (Optional) Agency Notifications
If requested, the BCA team will coordinate with the City to complete the required pre -construction submittals and notifications required by regulatory permits prior to initiating construction. Pre - construction agency notifications may include notice of start of work and other items such as final design plans. We will coordinate with the City to complete any required post -construction submittals and notifications. Notifications may include those required by regulatory permits to document and summarize the results of project construction and post -construction conditions. We will coordinate with the City to gather and/or prepare the necessary documentation and will submit the information to the agencies, as required.
(Optional) Construction Monitoring
If requested and required by the regulatory permits, BCA team member GPA will conduct bi-monthly construction monitoring. GPA will monitor specific activities typically required by the regulatory permits.
The results of each monitoring visit will be summarized in an email to the City. GPA will coordinate with the City as needed to correct any conditions that are out of compliance during monitoring visits. racr_
EXHIBIT A
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
Construction is anticipated to last for up to six months. Up to 12 construction monitoring visits would be conducted.
Fee
Our construction support services fee represents our best estimate of the costs involved. The construction support services costs are highly unpredictable, and highly dependent on the contractor's proficiency / performance and the overall construction schedule. The final cost may be above or below the amount estimated in this proposal. For the reasons listed above, we recommend that the City establish a contingency budget for construction support services. This budget can then be utilized if more effort is required.
BCA proposes to provide the various 'Services' outlined in this proposal, including direct expenses, for a fixed fee not to exceed $182,000. A detailed breakdown of our fee proposal is attached. Please note that BCA's previously used rates have expired. Updated rates are used for this Extra Services request.
Assumptions made in the preparation of this proposal:
• The 1602 permit is still valid and does not need to be reapplied for. • This scope of work includes responding to one round of comments on regulatory submittals. If responses to additional comments are requested, an additional scope of work and budget to support this effort can be provided upon request.
• An E-76 process is assumed, involving coordination with Caltrans and obtaining a right-of-way certification. As such, it is anticipated that construction bid solicitation will begin in April 2023. • OC Loop design submittals will be shared with the BCA team in a timely manner. If any design changes are requested, they will be addressed during the construction phase. Until then, all services related to the OC loop involve reviews and providing comments with some follow up coordination. • The City will hire a Construction Management (CM) consultant for the construction phase. If requested, the BCA team can submit a separate scope and fee proposal for CM services. • Construction is anticipated to last approximately six to eight months. If the construction schedule changes and additional services and/or monitoring are requested, an additional scope of work and budget to support this effort can be provided upon request.
• Site visits are limited to structural observations only during construction. Special structural inspections are not part of this scope and fee proposal. If requested, BCA can provide a separate scope and fee proposal for Inspection Services.
• Remedial engineering design to determine corrective action required due to materials and/or contractor's operations not meeting contract requirements is not included in this proposal. Per your request, BCA can provide this work as extra services.
• Engineering advice and technical support for construction change orders to the plans and specifications initiated by the contractor, preparation of change order documentation which would include, where appropriate, changes to plans and specifications, and additional structural details are not included in this proposal. Per your request, BCA can provide additional hours to perform these duties, as additional services. • We shall review and approve or take other appropriate action upon Contractor's submittals, as requested by racr_
EXHIBIT A
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Extra Services and Fee Request
the City or the CM's RE, such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents.
Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. • All shoring design will be the responsibility of the contractor and their designated licensed Civil Engineer. Biggs Cardosa Associates will conduct a limited and cursory review of all shoring submittals to check for general compliance with the design concept of the project and general compliance with the information given in the contract documents.
We look forward to continuing to work with you on this project to bring it to a successful completion. Please contact me if you have any questions or comments.
Sincerely,
BIGGS CARDOSA
ASSOCIATES, INC.
1/7.
Carlos Vasquez, PE
Engineering Manager
Attachments:
• Fee Proposal
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EXHIBIT A
Golden Avenue Bridge Replacement Project at Carbon Canyon Channel Fee Proposal 1 Biggs Cardosa Associates 1 Additional Services Biggs Cardosa Associates, Inc.
ERSC, Inc
GPA Consulting
SCOPE OF WORK
Principal
Project
Manager
Project
Engineer
Senior
Computer
Drafter
Admin
Principal
Civil Project
Manager
Senior
Project
Engineer
Design
Engineer
Secretarial
Jennifer
Johnson
Senior
Biologist
Angela
Scudiere
Senior
Biologist
Sheri Mayta
Senior
Biologist
Manjunath
Venkat
Senior
Biologist
Lizbeth
Orozco
Biologist
Hannah
Milroy
Biologist
Mario Mayo
Biologist
Martin Rose
Senior GIS
Analyst
Total
Hours
Labor
Subtotal
$313.80
$179.54
$135.86
$145.56
$95.00
$253.43
$203.99
$179.25
$115.58
$92.72
$146.77
$152.05
$165.28
$145.43
$82.50
$82.50
$66.11
$145.43
PROJECT MANAGEMENT $36,348
Coordination & progress meetings, Administration,
QA/QC (assume bid solicitation in April 2023)
2 80
40 16
2 40
32 212
$36,348
REGULATORY PERMITTING $28,490
Section 401 Water Quality Certication Application 2 4 16 8 56 8 Section 404 Nationwide Permit Verification 2 4 12 4 12 16 Section 408 Permit Verification 2 8 16 24 32
94 $10,198
I 50
$5,582
I 82
$12,710
OC LOOP PROJECT REVIEW & COORDINATION SERVICES $4,435
Reviews, coordination meetings, misc support
2 30
32 $4,435
UTILITY COORDINATION SERVICES $16,317
Reverify contacts, notices for updates, relocation(s)
coordination, document revisions & preparation
8 20
24 40
24 116
$16,317
RIGHT-OF-WAY ENGINEERING SERVICES $13,624
ROW certification, E-76 application & support
8 12
8 24
40 92
$13,624
CONSTRUCTION BIDDING SERVICES $10,123
Pre-bid meetings, respond to inquiries/clarifications,
Addenda preparation, bid reviews
1 16
16 4
2 8
8 8
63 $10,123
I
CONSTRUCTION SUPPORT SERVICES (8 month max) $70,819
RFI's, CO's, Shop drawings, monthly meetings, 2 32 120 16 2 4 40 40 40 'clarifications, field visits/observation, As-builts
OC Loop CO's / Notice of design change 1 2 10 8
(Optional) Agency Notifications 2 16 8 32 16
(Optional) Construction Monitoring 2 4 16 6 108 4
296
$46,162
I
I 21
$3,196
1 74
$7,727
I 140
$13,734
Labor Subtotal
$180,156
Direct Expenses/ Reimbursables
I 782 1 500 1 562 1
$1,844
Expense Subtotal
$1,844
Total Fee
$182,000
EXHIBIT A