07-0213_RBF CONSULTING_Personal Services Agreement Amd0
AMENDMENT TO PERSONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this day of >?007
by and between the City of San Juan Capistrano (hereinafter referred to as the "City")
and RBF Consulting, Inc., (hereinafter referred to as "Consultant').
RECITALS:
WHEREAS, City and Consultant have entered into a Personal Services
Agreement dated September 21, 2004, for a total of $1,045,920 for construction
management and' inspection services for the Terminal Reservoir No. 3 Project; and,
WHEREAS, City and Consultant agree that additional services outlined in the
cost proposal as set forth in Exhibit "A", attached and incorporated herein by reference,
are required for which extra compensation will become due.
City and Consultant mutually agree as follows:
Section 1. Additional Work
The additional scope of work to be performed by Consultant shall consist of
additional design services as set forth in Exhibit "A".
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Additional Compensation
City hereby agrees to pay the additional sum of Thirty -Eight Thousand Eight
Hundred Fifty -Five ($38,855) for a revised total contract price of $1,084,775 to
Consultant for those services performed as set forth in Exhibit "A". These additional
services to the Agreement shall commence on the effective date of this Amendment.
Section 3. Relationship to Agreement
Except as to Sections 1 and 2 herein, all other terms and conditions of the
Agreement shall remain unchanged.
Section 4. Entire Agreement
This entire Agreement between City and Consultant with respect to those extra
services described herein, and any other understandings, oral or in writing, are hereby
superseded.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan, City Clerk
TO FORM:
ohn R'Shaw, City Attorney
CITY OF SAN JUAN CAPISTRANO
Dave Adams, City Manager
CONSU�NT
By: d y�
RBF Consulting, Inc.
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FBF
CONSULTING
05 February 2007 10-103242
Mr. Peter Salgado, PE
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Addendum Request for Professional Construction Management Services
Terminal Reservoir 3
Dear Mr. Salgado,
RBF Consulting, (RBF), is requesting an addendum to continue to provide professional Construction
Management Services in support of your Terminal Reservoir 3 Project located in the City of San Juan
Capistrano, California.
Our request for additional compensation is based upon extending Construction Management and Inspection
Services to encompass the extended period due to site, weather, and environmentally related conditions.
Our addendum is based upon providing services through February 2007. We have enclosed the following
additional information for your review and consideration: Exhibit "A" Scope of Services, Exhibit "B" Budget and
Compensation.
Thank you for the opportunity to submit this addendum request. We look forward to continuing our relationship
with the City of San Juan Capistrano. In the meantime, should you require additional information, or have any
questions, please contact me at 949.855.5785.
,Tr el
bill Seit
Construction Management
cc: jruddins@rbf.com
Attachments: Exhibit "A" Scope of Services
Exhibit "B" Compensation & Budget
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EXHIBIT A
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RBF Consulting 05 February 2007
City of San Juan Capistrano Page 1
EXHIBIT "A"
SCOPE OF SERVICES
Terminal Reservoir 3 Project
RBF Consulting (RBF) shall provide Professional Construction Management Services in support of
the subject project. This proposal will provide services through February 2007. The professional
services to be rendered by persons performing Construction Management and Inspection Services
are as described below.
Construction Phase
1. RBF will conduct one construction progress meeting per week.
2. RBF will coordinate, log and transmit material submittals, shop drawings to the
Engineer, and requests for information.
3. RBF will monitor activities of surveying and testing.
4. RBF will monitor utility coordination.
5. RBF will review Inspector construction inspection logs including reporting contractor
progress, weather conditions, job site conditions, and significant events that may
affect the progress of the project.
6. RBF will negotiate and prepare contract change orders.
7. RBF will prepare progress pay estimates.
8. RBF will review the contractor's record drawings as part of the payment process.
A maximum of 335 hours is included within this work phase. Additional Construction
Management services will be performed, if requested, on an hourly basis for an additional
fee under a separate work authorization.
EXCLUSIONS
• Construction Survey
• Utility potholing
• Right of Entry and permits
• All other work not specifically in this scope of services
• Hazardous waste investigations and management
CITY SJC RESPONSIBILITIES
• Provide access to the site.
• Provide all applicable approved improvement plans.
• Obtain all necessary right -of -entry permits.
• Acquire all required environmental clearances for the project.
• Client will require any construction contractors to indemnify RBF from any and all losses,
damages, claims, expenses, including attorneys fees, and costs arising out of the
•
RBF Consulting 05 February 2007
City of San Juan Capistrano Page 2
contractor's work, excepting only losses, damages, claims, expenses including attorneys
fees, and costs which are caused by the sole negligence or willful misconduct of RBF in
performing it's services under this agreement. Client will require that the construction
contractors add RBF (Consultant) as an additional insured in the comprehensive general
liability, auto liability, workers compensation and builders risk insurance coverage required
by Client.
All other work not specifically in this scope of services.
Exhibit "A" Scope of Services
Client Initials
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EXHIBIT "B" Budget & Compensation
City of San Juan Capistrano
Terminal Reservoir 3 Project
Construction Management Services
05 February 2007
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Progress billings will be forwarded to City SJC on a monthly basis. These billings will include the fees earned for the billir
period plus the direct costs of all reimbursable expenses with a 15% mark-up and mileage reimbursed at .60 per mile. Cit,
SJC will make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt and will
notify RBF of any particular item that is alleged to be incorrect. Inspection overtime will be charged at 125% of the hourly
Should the budget amount set for each task reach 80%, City SJC and RBF will review the status of the work to determine
the need for an increase in the budget amount, and whether additional budget authorization to complete the task is
Exhibit "B" Budget & Compensation
Client Initials
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CONSTRUCTION MANAGEMENT SERVICES
Total
Estimated
Fee
TASK
TASK DESCRIPTION
Comtrucdon Construetlon Construction
Manager Inspector Coordinator
hourly rate $ 138.00 $ 87.00 1 $ 62.00
1.o
TR3
Construction Phase 1 2101 851 40
$38,855
SUBTOTAL 1 2101 851 40
$38,855
Progress billings will be forwarded to City SJC on a monthly basis. These billings will include the fees earned for the billir
period plus the direct costs of all reimbursable expenses with a 15% mark-up and mileage reimbursed at .60 per mile. Cit,
SJC will make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt and will
notify RBF of any particular item that is alleged to be incorrect. Inspection overtime will be charged at 125% of the hourly
Should the budget amount set for each task reach 80%, City SJC and RBF will review the status of the work to determine
the need for an increase in the budget amount, and whether additional budget authorization to complete the task is
Exhibit "B" Budget & Compensation
Client Initials
C 44QworMS,JR31010324"n1 rnah[20070205 SJC TR3 a d2.rls]mnibilC