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with respect to those extra services described herein, and any other understandings, oral or in writing, are hereby superseded. SD 0 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. 2 0 0 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 C �4,—k%Sj6TR31010334TJn,9maU W7 03 M SJC TR] Mdl0ac EXHIBIT A 0 0 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 C Q42—k%StlrF3 m I0334Sime,oe@037 03 0 ss TR3 Wd a m.mc w w� 1w n u EXHIBIT "B" Budget & Compensation City of San Juan Capistrano Terminal Reservoir 3 Project Construction Management Services 05 February 2007 0 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 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