04-0921_RBF CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this day of 2004,
by and between the City of San Juan Capistrano (hereinafter referred o as the "City")
and RBF CONSULTING, (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide construction management services for the Terminal Reservoir No. 2
Replacement Project; and
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit "A," attached and incorporated herein by reference.
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. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed no later than December 31, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be for a lump
sum of One Million Forty -Five Thousand Nine Hundred Twenty Dollars ($1,045,920) as
set forth in Exhibit 'A" attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City as set forth in Exhibit 'A," attached and
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incorporated herein by reference. Included within the compensation are all the
Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Notwithstanding the payment terms outlined in Exhibit "A", Consultant shall
submit monthly invoices based on total services, which have been satisfactorily
completed and specifying a percentage of projected completion for approval by the City.
The City will pay monthly progress payments based on approved invoices in
accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
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In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement. Consultant shall
complete the Scope of Services as set forth in the schedule included in Exhibit "A",
attached and incorporated herein by reference.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, and hold harmless City, its elected and appointed
officials and employees from any and all liabilities, expenses or damages of any nature,
including reasonable attorneys' fees, for injury or death of any person or damage to
property or interference with use of property resulting from errors and omissions
committed by Consultant arising from the negligent acts of Consultant, its agents,
employees and subcontractors in carrying out its obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
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Throughout the term of this Agreement, Consultant shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
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Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other parry of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Jerome Ruddins
RBF Consulting
14725 Alton Parkway
Irvine. CA 92618-2027
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
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Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
ahan, City Clerk
APPROVED AS TO FORM:
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John R. %aw, City Attorney
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CONSULTANT
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June 2, 2004
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Mr. Peter Salgado, PE CONSULTING
Associate Engineer
Public Works Department
CITY OF SAN JUAN CAPISTRANO
32450 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposal to Provide Construction Management Services, Phase Two -Construction
Terminal Reservoir No. 2 Replacement Project
Dear Mr. Salgado:
Over the last 9 months it has been our pleasure to provide the City of San Juan Capistrano with professional
construction management services, more specifically constructability review services during the design phase
of this important project. RBF Consulting (RBF) is pleased to present our Proposal for phase two,
construction management services during construction, to the City of San Juan Capistrano for the Terminal
Reservoir No. 2 Replacement Project.
The project consists of the replacement of an existing 2 MG reservoir with a new 6 MG cast -in-place, pre-
stressed concrete reservior, the construction of two permanent shoring walls for slope stabilization and tank
construction, on site chloramination facility, and site improvements. Based upon the site constraints and
the amount of site stabilization that is required we anticipate that the project will require 23 months to
complete. We have enclosed a work plan schedule in our proposal that identifies the major construction
operations for your review. RBF proposes to provide specific services that will include: Project
Management, Construction Management, Contract Administration, Construction Inspection, Resident
Engineering, Survey Control, Soils/Material Testing, Environmental Support, Electrical
Engineering/SCADA Support, Claims Avoidance Support, and Scheduling Support.
Byselecting the RBF Team forprofessional services, the City of San Juan Capistrano wiUbenefitfrom a
local, highly qualified firm experienced in providing cost-effective solutions to municipalities. Specific
benefits derived from selecting the RBF Team include:
✓ A Team with extensive experience in cast -in-place, pre -stressed concrete reservoirs; and
✓ A Team with members currently working on the project during the design development phase and
which is ready to begin work immediately upon notice to proceed from the City and which will
maintain the level of effort required to meet the proposed schedule; and
✓ A Team which includes Registered Construction Managers and Inspectors; Registered Engineers;
Structural Engineers, Construction Contractors, Environmental Engineers, Electrical Engineers,
Claims Specialists, Licensed Surveyors, ACI and ICBO Certified Testers and Technicians, and
which is backed by a firm of over 700 multi -disciplined professional and support personnel; and
✓ A Team with a long-standing history of successfully providing complete construction management
and related engineering services to the City of San Juan Capistrano.
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14725 Alton Parkway, Irvine, CA 92618-2027 • PO Box 57057, Irvine, CA 92619-7057 • 949 472 3505 • Fax 949 472 8373
Offices located throughout California, Arizona & Nevada • www. RBFcom
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Mr. Peter Salgado, PE
June 2, 2004
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The following Proposal, which includes all items requested in your RFP (dated August 5, 2003) and your
Addendum No. 1 (dated August 21, 2003), details how the RBF Team will deliver on these commitments
and meet the City's goals.
RBF Consulting covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of the services contemplated
by this Agreement. No person having such interest shall be employed by or associated with RBF
Consulting. As requested in the RFP, upon award of the contract, RBF will comply with the insurance
requirements described in the RFP.
RBF has reviewed the Agreement attached to the RFP and respectfully makes the following minor
modifications to Section 13 on Page 4: Consultant agrees to protect, defend and hold harmless City, its
elected and appointed officials and employees from any and all elaims, liabilities, expenses or damages of
any nature, including reasonable attorney's fees, for injury or death of any person or damage to property or
interference with use of property and for errors and omissions committed by Consultant arising from the
negligent acts of Consultant, its agents,
employees and subcontractors in carrying out its obligations under this Agreement. RBF has successfully
entered into numerous agreements with numerous agencies in the past 60 years and looks forward to doing
so, again, with the City of San Juan Capistrano. This proposal remains valid for a period of not less than
ninety (90) days from date of submittal.
RBF Consulting is an Equal Opportunity Employer and has developed an Affirmative Action Plan for the
purpose of achieving equal employment objectives by attaining an employment profile, with respect to race
and sex in each job group, which is an approximate reflection of societal availability.
Our Project Team looks forward to meeting with you to personally discuss our proposed approach to
completing the City of San Juan Capistrano's goals and objectives. We appreciate the opportunity to
submit our proposal. Should you have any questions, please contact me at 949.855.3634. Thank you.
Sincerely,
Jerome A. Ruddins
Vice President
Construction Management
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Terminal Reservoir No. 2 Replacementoject • ,
Proposal for Construction Management services a"v 1
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PROJECT UNDERSTANDING:
The City of San Juan Capistrano (City) is requesting
proposals from qualified engineering and consulting firms to
provide complete Construction Management (CM) and
constructability review services for the Terminal Reservoir
No. 2 Replacement Project (Project). Most importantly the
City is requesting a professional team to work hand-in-hand
on this project. We have assembled a team of Constructors,
Engineers, Construction Managers, Construction Claim
Experts, Geotechnical Experts, to complement the City's
management team during this important phase of the
project. We look forward to the opportunity to continuing
our relationship with the City on this important project.
Based upon our understanding of the project, this effort will
focus on a two-phase approach to the project. Our proposal
reflects information presented in the 90% plans that
encompasses a 6 MG tank with extensive tie -back systems.
The first phase, which is nearing completion, is to provide a
qualified Technical Review/ Constructability Review of the
50,90 and 100% PSE, with our team, to focus on providing
value to the process. Once again our team includes
discipline leaders that are currently working on the
evaluation of the Preliminary Design Report. Their
extensive design and construction experience will add value
to the project.
As we see the project, early identification of key issues such
as remedial grading, staging of excavated materials, shoring
and tieback systems will assist in a cost effective project for
the City. Our team will bring extensive experience to the
project during this phase based upon our expertise in
grading, cost estimating, tank construction, and landslide
remediation.
The Project consists of the replacement of an existing 2 MG
reservoir with a new 6 MG cast -in-place, pre -stressed,
concrete facility. The City owns two existing reservoirs,
located side by side in the Mission Hills Area: Terminal
Reservoir No. 1 (Tl) and Terminal Reservoir No. 2 (T2).
Tl is a 2 MG cast -in-place, rectangular, partially buried
reservoir, that is on standby status. T2 is a 10 MG reservoir
that is currently in service, but, it has sustained damage due
to differential settlement. This project will replace T1 with a
new 6 MG reservoir, Terminal Reservoir No. 3 (T3).
T3 will be constructed on the site presently occupied by Tl.
This will allow for the continued use of 72 during the
construction period, avoiding serious disruptions to
domestic water service. Tl will be demolished to allow
construction of T3 on over -excavated and recompacted firm
and unyielding material.
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The existing 10 MG TR -2 has experienced structural
damage due to differential settlement and is in need of
replacement. In order to mitigate for documented
movement of the existing reservoir due to shallow and deep
seated land sliding, the project proposes to over excavate the
site, and construct temporary tie-back/earth retaining
systems, and permanent reinforced earth fill buttresses.
Next, TR -1 will then be replaced with a new 6 MG reservoir,
TR -3.
The proposed 6 MG reservoir will be constructed adjacent
to TR -2, and be constructed of pre -stressed concrete, and
will measure 175' in diameter by 40' high. This will allow
TR -2 to be operational until TR -3 is constructed and in
service; avoiding serious service interruptions. The
proposed site for TR -3 is presently occupied by the existing
2 MG TR -1, which is no longer in service, and will be
demolished to allow construction of TR -3.
Ancillary site work associated with the construction of TR -3
includes: 1) Construction of a small, enclosed structure
(approximately 15' x 25') to house reservoir altitude valves,
remote SCADA control panel, electrical panel, and
Chloramine generator system. This structure, or T3 itself
will have a 15' radio antenna on the roof; 2) Paving the
existing gravel access road that runs northeast from Mission
Hills Drive to the reservoir site; 3) Stockpiling of up to
100,000 CY of excavated dirt in a vacant area, southwest of
the reservoir site. It is our understanding that the excavated
dirt will be used as re -compacted fill. The City will be
obtaining required easements for use of this area; and 4)
Replacement of the existing chain link fence with a new 6'
high chain link fence topped with three strands of barbed
wire, and to be located around the entire perimeter of the
site.
KEY ISSUES:
A key component of a successful project is a work plan.
This tool will allow the RBF Project Manager to share the
development of the project with the City of San Juan
Capistrano. At the kick-off meeting with the City and the
RBF Team, a schedule and a preliminary work plan will be
presented in a work group session, in order to customize
and refine the plan to ultimately produce a plan which
meets the projects goals and milestones.
Following a detailed review of the Preliminary Design
Report, RFP, and conversations with the Project Manager,
our team is prepared to address the following key issues
during our review and throughout the construction process:
Terminal Reservoir No. 2 Replacement Pipet
Proposal for Construction Management Services
• Geological constraints / site constraints
• Grading
• Constructability Reviews with Construction
Contractors
• Environmental Mitigation including Archeo / Palen
Services
• Staging of Materials
• Construction Scheduling and Claims Management
• Concrete Integrity / Consolidation / Shrinkage
• Maintain existing TR -2 during construction
• Cost analysis
• CM Control Documents
• Providing Cost Effective Solutions, to add value to the
to the design process.
Based upon our experience on pre -stressed tanks our RE
will focus on the following key components:
• firm and unyielding subgrade
• planning the concrete placement ie: backup pumps
• consolidation
• concrete shrinkage
• pour windows in forms
• waterstops
• concrete curing
MANAGEMENT APPROACH:
RBF believes in a strong Project Management approach to
managing the technical resources required to complete the
diversified services the City of San Juan Capistrano may
need to supplement its staff. RBF will assign a Project
Manager to work closely with the City of San Juan
Capistrano's Project Manager in resolving issues,
determining project goals and objectives, and milestones
and constraints of approvals. The Project Manager has the
full authority to act on RBF matters pertaining to each
assignment identified by the City of San Juan Capistrano.
The Project Manager plans, organizes, directs and controls
the actions of the Project Team, including RBF personnel,
as well as subconsultants. The Project Manager is
responsible for establishing and maintaining the project
team's schedule, cost and quality goals. The Project
Manager serves as the RBF liaison with City of San Juan
Capistrano's Project Manager. The Project Manager, Mr.
Jerome Ruddins, shall be the prime contact and shall be
responsible for coordinating all activities with the City of
San Juan Capistrano.
A preliminary Work Plan establishes a sequence of events
and submittals for the project. The final work plan will be
updated every two weeks, thus maintaining the orderly
development of the project. Program Management will be
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key to the success of this project. RBF will develop
procedures to define roles and responsibilities. These
procedures will also include lines of communication,
reporting, document control, progress payment, quality
control, coordination with adjacent projects, and
construction close-out procedures.
During the technical review phase of the project the project
manager will coordinate the reviews and monitor the effort
to meet the schedule milestones. Our design review report
will include an executive summary outlining key issues to be
addressed and commented on by the design engineer. Our
team includes Lawson & Associates Geotechnical
Consulting, the firm that is presently reviewing the 90%
drawings, as well as RBF's structural engineers whom are
also reviewing the same submittal. This will provide
continuity to the process. This process includes review by
RBF's general engineering construction team as well as by
experts in DYK construction, in order to facilitate a set of
plans and specifications that will be complete, and thus
reducing costly extra work.
During the construction process the weekly meeting will be
key to the administration of the project. During these
meetings the PM and CM will discuss: construction
schedule, look -ahead schedule, RFPs, survey, submittals,
CCO's, and old and new business. The meetings will have
detailed minutes which will be faxed to attendees and other
recipients.
Pre -Construction Services
Our Work Program details the activities associated with the
Pre -Construction Phase. We are prepared to work as a
team with the contractor to provide a quality product. This
quality product begins with a detailed construction schedule
which complies with the project specifications and which is
reviewed by the Project Manager (PM) and Resident
Engineer (RE) for schedule busters. The schedule must
identify the critical path and have enough detail to reflect all
the construction activities required to facilitate construction.
A kick-off meeting with the City of San Juan Capistrano's
Project Manager will identify the project goals and
objectives and discuss specials concerns of the City of San
Juan Capistrano. At this meeting, the RE will discuss the
lines of communication, project controls, frequency of
reports, Agency contacts, and the transfer of information.
A kick-off meeting will be scheduled with the sub -
consultants to discuss permitting issues and sensitive
habitat. This will be addressed in the work plan.
A pre -construction meeting will be scheduled following
approval of the construction schedule. The RE will chair
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Terminal Reservoir No. 2 Replacementoject
Proposal for Construction Management Services
the meeting, with the support of the PM, and will follow a
detailed agenda highlighting the lines of communication,
anticipated start of construction, utility coordination,
contract requirements, submittal requirements, interaction
with the public, and the goals and objectives of the project.
At this meeting, the Contractor will submit a copy of the
daily report forms, emergency contact list, a sample notice
to residents, traffic control plan, materials submittal, and
designation of project superintendent. A copy of the
minutes generated by the RE, will be distributed the
following working day to the attendees. Following the pre -
construction meeting the Inspector will take digital images
and video tape the project.
Two days prior to the notice to proceed the Inspector will
distribute approved resident notifications and confirm that
all Agencies have been contacted. During these two days
the PM, RE, and Inspector will be on-site interacting with
the public in order to inform the public of the upcoming
construction, thus reducing calls and interruptions to the
City of San Juan Capistrano.
Construction Services
During the first week of construction the PM, RE, and the
Inspector will be on-site interacting with the public and
observing the construction. The CM will keep in close
contact with the City of San Juan Capistrano Project
Manager. The RE will chair the weekly site meetings. The
RE will generate the following weekly reports: cost
management spread sheet, permit activity, complaint
resolution log, change order log, statement of working days,
and inspection logs. The RE will communicate
clarifications to the Inspector and will coordinate inspection
and testing. The RE will play a key role during the
construction process, reviewing the Contractor's work,
identifying corrections when they are discovered, and
measuring quantities. During construction the PM will
meet with the City of San Juan Capistrano to monitor
schedules and budget and to administer the contract with
the City of San Juan Capistrano. The CM will also
coordinate submittals with the Design Engineer, CDM.
The RE will maintain copies of his daily reports,
Contractors daily reports, approved deviations to plans, and
construction schedules, including a two-week look ahead
schedule. The RE will maintain a construction file during
the course of construction which will be provided to the City
of San Juan Capistrano at the end of the project on CD.
The success of the project will rely on the interaction of the
Special Inspectors with the RE and the Contractor. During
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the project, if a changed condition is encountered, the RE
and the Inspector will provide the City PM a draft change
order including a memorandum, estimated cost, and a
review of how the changes may affect the schedule. The
Contractor will commence with the workwhen he receives a
final change order prepared by the CM and endorsed by the
City Project Manager. The RE will be responsible for
quality control of the project, reviewing quality of the
construction work, as well as reviewing the project file,
comparing quantity calculations and notations to as -
constructed quantities.
Project Close -Out
Project close-out will include the generation of a final punch
list, if it is warranted, at substantial completion, with the
RE, Inspectors, PM, Design Engineer, and the Contractor
in attendance. During the completion of the punch list the
RE will provide, through the use of E -Mail, a daily
summary of the items that are complete to the City PM.
Prior to the final sign -off of the project, the following items
must be complete: record drawings, O&M manuals,
training, and approved measured final quantities.
A final project report will be written which will identify
recommendations for cost savings on future projects, change
order analysis, and project challenges. The final file will be
provided on a CD for the City of San Juan Capistrano.
RBF has already provided and looks forward to continuing
to provide the City the following special qualifications:
• Commitment to serving the needs of Municipal
Agencies and maintaining close communications
• Extensive experience in providing Construction
Management and Inspection Services
• Thorough understanding and comprehension of local
and state standards and specifications
• Local offices throughout California providing unlimited
company resources
• Dedication to Quality "Continuous Improvement for
Success"
• In-house public awareness programs to support
sensitive construction projects
The combination of our experienced field staff, coupled
with the vast resources of office support personnel, make
the RBF Construction Management Team uniquely
qualified to provide the range of services necessary to take a
project from bid advertisement to final project acceptance.
Terminal Reservoir No. 2 Replacement Poet
Proposal for Construction Management Services
SCOPE OF SERVICES TO BE PROVIDED BY THE RBF TEAM:
RBF will assign and maintain an experienced and qualified Project Manager to be the single point of contact for the City for the
duration of the contract. The Project Manager shall ensure that the following Scope of Work is accomplished per the
requirements of this contract:
Construction
a. Project Control
i. RBF will monitor contractor's work progress, personnel, equipment, and materials to ensure that adequate
resources are available to meet the project schedule.
ii. RBF will maintain ability to communicate via telephone, fax and e-mail from the project site.
iii. RBF will coordinate with the contractor to ensure that an accurate set of record drawings are kept on site and up
to date. At a minimum, contractors record drawings shall be reviewed on a monthly basis.
iv. RBF will prepare monthly progress reports for the City's review. Monthly progress reports shall include the
status of the following: work progress, contract payments, RFI's, submittals, executed and potential change
orders, and construction issues. The report shall also include progress photographs, and a 4 -week look ahead
schedule.
V. RBF will coordinate with City Staff to ensure that City activities and responsibilities are addressed and
appropriately scheduled so as not to affect the progress of the work.
vi. RBF will represent the City's interests among contractor, subcontractors, utility companies, state inspectors,
businesses, and general public.
vii. RBF will maintain quality control on all work of sub -consultants and construction contractors. RBF will
implement a program of claims avoidance and claims management.
b. Meetings
i. RBF will conduct the pre -construction meeting.
ii. RBF will conduct weekly construction progress meetings.
iii. RBF will conduct coordination meetings with City Staff, engineer, contractor, subcontractors, utility companies,
or any other agency as required.
iv. RBF will prepare and distribute meeting minutes for comments within three days and distribute final version
within two working days of receipt of comments.
c. Inspection
i. RBF will maintain a resident engineer and / or special inspectors or geotechnical personnel at the project site at
all times that work is nrogressine. The resident engineer shall be available to work during off hours in
concurrence with any required off -hours construction work, and shall be available to respond to emergency call
outs during off hours.
ii. RBF will provide electrical (including SCADA), mechanical, structural code compliance Inspection, as well as
quality assurance and control inspection of all aspects of the project as outlined in the Preliminary Design report
(Exhibit E).
iii. RBF will ensure the CM Team's health and safety requirements are met.
iv. RBF will provide soils and materials testing and inspection services.
V. RBF will provide environmental compliance monitoring per the requirements of the Mitigated Negative
Declaration (MND), and other environmental permits required for this project.
vi. RBF will monitor work to ensure full compliance with NPDES regulations.
vii. RBF will prepare detailed daily inspection and progress reports. Reports shall be readily available for review by
the City.
viii. RBF will engage a consultant to monitor the contractor's lead and asbestos mitigation operation.
1-4
Terminal Reservoir No. 2 Replacementoject
Proposal for Construction Management Services
d. RFI's
i. RBF will process Requests for Information (RFI's), and ensure timely distribution to and response by
appropriate project team members (City Staff, Engineer, other agencies). Response to RFI's shall take no
longer than 7 calendar days.
ii. RBF will provide technical support and constructability reviews during preparation of responses to RFI's.
iii. RBF will maintain an RFI log tracking closed and outstanding RFI's. RFI log shall be updated weekly at a
minimum, and reviewed at weekly progress meetings.
e. Submittals
i. RBF will ensure that contractor submits a submittal schedule for review within 10 calendar days after the
effective date of the construction contract.
ii. RBF will provide technical support during review of the submittal schedule to ensure compliance with the
contract documents.
iii. RBF will ensure that contractor submittals are submitted per accepted submittal schedule, and the requirements
of the contract documents.
iv. RBF will process submittals, and ensure timely distribution to and review by appropriate project team members
(City Staff, engineer, other agencies). Submittal reviews shall take no longer than 30 calendar days after
submittal is received.
V. RBF will provide technical support during submittal reviews. RBF will verify, prior to final approval, that any
changes or revisions to any submittal do not result in changes to the contract scope of work. If changes to the
contract scope are required, Consultant shall notify the City, and make a recommendation to process a Change
Order prior to final approval of the submittal, and distribution to the contractor.
vi. RBF will ensure that the contractor's submittal schedule is updated weekly at a minimum, and reviewed at
weekly progress meetings.
Construction Schedule
i. RBF will ensure that contractor submits a construction schedule for review within 10 calendar days after the
effective date of the construction contract.
ii. RBF will provide technical support during review of the construction schedule to ensure compliance with the
contract documents.
iii. RBF will track contractor's work progress to ensure compliance with accepted baseline construction schedule.
RBF will notify both the City and contractor when actual progress is behind schedule by more than 10%.
Contractor shall not be allowed to start construction work prior to acceptance of a base line construction
schedule.
iv. RBF will ensure that the contractor's construction schedule is updated monthly at a minimum, and reviewed at
weekly progress meetings.
g. Change Orders
i. RBF will review and evaluate change order requests, and negotiate final amounts as required.
ii. RBF will provide formal Change Order recommendations for the City's review.
iii. RBF will maintain a Change Order log tracking executed and potential change orders. Log shall also monitor
the total amount of executed and potential change orders against the total construction contract amount. If the
total amount of executed and potential change orders exceeds 10% of the construction contract amount,
Consultant shall notify the City. Change Order log shall be updated weekly at a minimum, and reviewed at
weekly progress meetings.
iv. RBF shall not direct the contractor to proceed with any change order workwithout a fully executed change order
or prior written authorization from the City. Costs for any change order work performed without a fully
executed change order or prior written authorization from the City may be borne by the Consultant.
1-5 IMF
Terminal Reservoir No. 2 Replacement Pct •
a•'.
Proposal for Construction Management Services
h. Schedule of Values
i. RBF shall ensure that contractor submits a schedule of values for review within 10 calendar days after the
effective date of the construction contract.
ii. RBF shall provide technical support during review of the construction schedule to ensure compliance with the
contract documents.
iii. RBF shall ensure that contractor payment requests reflect the items and amounts indicated on the accepted
schedule of values.
i. Contractor Payment
i. RBF shall implement procedure for review, processing, and payment of monthly and final payment requests.
ii. RBF shall ensure compliance with the accepted schedule of values and the requirements of the construction
documents.
iii. RBF shall measure and verify work progress and earned to date percentages.
iv. RBF shall review and maintain copies of the contractor's weekly payroll reports, and verify compliance with the
contract documents.
V. RBF shall, prior to approval of any progress payments, ensure that contractor's record drawings are current, the
construction schedule is updated, and weekly certified payroll reports are submitted and in compliance with the
contract documents. The City will not approve payment unless it receives verification these items have been
completed.
Project Completion and Close -Out
i. RBF shall determine and issue a letter to the contractor declaring substantial completion of the work or
designated phases or portions thereof as outlined in the contract documents.
ii. RBF shall develop a Punch List including items that require completion prior to release of final retention.
iii. RBF shall ensure that contractor completes all items on the Punch List within 30 calendar days of declaration of
substantial completion.
iv. RBF shall, upon completion of the Punch List, notify the City that the work is ready for final inspection and
coordinate final inspection with the contractor and City Staff.
V. RBF shall review contractors record drawings prior to final project acceptance.
vi. RBF shall recommend to the City to accept the project, issue final payment, and file notice of completion.
vii. RBF shall prepare and issue required environmental monitoring close-out reports to appropriate agencies.
k. Construction Survey
i. RBF shall provide the following:
a. Two temporary benchmarks and two baselines in the field for the contractor. The contractor will provide all
construction staking.
4. Additional Geotechnical Materials and Testing Services Scope of Work:
We understand that as -needed geotechnical services will be required during the demolition of the eadsting reservoir and the
construction of the new reservoir. Materials testing services will be utilized during the concrete placement. Services will
include:
A. Observation and testing during stabilization of adjacent slopes above T-2 and T-3
B. Slope Inclinometer Monitoring
C. Inspection during reservoir construction (foundations, backfill, access road construction, concrete tank testing)
5. Additional Quality Control and Claim Avoidance Management Services Scope of Work:
RBF will provide a seasoned specialist to ensure that all required Quality Control measures contractually assigned to
subconsultants and contractors are fulfilled. This will be accomplished by conducting random spot checks of Quality
Control/Quality Assurance (QC/QA) processes as well as malting QC/QA requirements a standard agenda item for periodic
project management meetings. The assigned QC/QA Specialist has performed similar responsibilities on numerous similar
projects and has acted as a QA Manager for one of the nations largest A/E firms.
1-6
Terminal Reservoir No. 2 Replacementoject
Proposal for Construction Management services
RBF will also take a leadership role in formulating an effective claims avoidance and management program. Specifically, what
is proposed is a team concept that involves representatives of the Owner, the Designer, the Owner's legal counsel and the
Construction Manager. The team would meet periodically during the course of the project, usually monthly during the active
period of the project. The team can be referenced to by any name but past projects have used the acronym COST, Change
Order Strategy Team.
For this project the COST would take a pro -active role in reviewing and evaluating potential disputed matters at the earliest
possible time so as to mitigate or eliminate adverse impacts as soon and as much as possible. The CM's Claims Management
Specialist would spearhead the meeting and would prepare an agenda for the meeting and follow-up by preparing annotated
minutes which would also record and highlight action item responsibilities.
The proposed Claims Management Specialist has successfully utilized the COSTprogram on four previous projects ranging in
size from $10 to $900 million dollars. All of the projects utilizing the COST concept were able to avoid any protracted
litigation.
7. Additional Biological Services Scope of Work:
As part of the RBF Team, Merkel & Associates will perform the following Biological Services:
This Scope of Work is provided under the assumption that actual resource agency permitting is to be completed as part of the
current design phase of the reservoir work, and is not part of the construction management phase. The conditions set forth in
these permits will, however, form a major part of the basis for the biological monitoring required in the construction
management phase.
a. Construction Monitoring
Merkel &. Associates would provide a qualified biologist to perform on-site monitoring of the construction contractor
during the construction phase of the project. It is anticipated that this monitoring will be focused on the demolition and
grading phases of construction, when impacts to natural resources will be most impactive. This phase would include a
pre -construction meeting; pre -construction staking or fencing of natural habitats designated for preservation; and a pre -
construction training briefing with the construction contractor to advise personnel of habitat and resource sensitivity,
disturbance limits, and general environmental management practices. During construction the biological monitor would
be on-site to observe the contractor at intervals and/or durations acceptable to the City and construction management
services consultant. We anticipate 40 days of part time monitoring. Violations would be reported to the City and/or
construction management services consultant, as directed. A final written construction monitoring report would be
prepared at the completion of the required monitoring.
b. Regulatory Agency Permit Condition Monitoring
During the construction management phase described above, the biological monitor would ensure compliance with any
special condition imposed on construction by the City or by permits issued by the resource agencies. These requirements
are unknown and will remain so until the permits are issued, but are anticipated to cover issues such as maintenance of
prescribed construction limits, adherence to environmental management practices, noise suppression, and minimization
of impacts to adjacent natural resources. Violations would be reported as described above, and the final written
monitoring report would include issues dealing with these permits.
Sensitive Resource Monitoring
Requirements may be mandated by the City or resource agencies to perform a pre -construction California Gnatcatcher
survey to determine the presence of any gnatcatchers in adjacent or nearby habitats. The attached fee proposal includes
a three -visit pre -construction survey to make such a determination. If gnatcatchers are present in adjacent areas, and
construction takes place in the gnatcatcher breeding season, monitoring may be appropriate, and a fee is included in the
attachment. Because the final design for the reservoir is not completed and regulatory agency permits are not yet
applied for or issued (and special conditions are unknown), monitoring requirements are speculative at this point. The
fee proposal is based upon assumptions from other, similar monitoring tasks, and are considered as estimates.
Alternative scenarios are used in the calculation of fees, such as full-time monitoring at 40 hours per week (50 hours with
2 hours mob/demob time per day) for the construction duration alternatives, and intermittent monitoring at an arbitrary
interval of twice per week, based upon a unit monitoring fee for a 10 -hour day.
1-7 IMF
Terminal Reservoir No. 2 Replacement Pipet
Proposal for Construction Management Services ,"
�:i
S. Additional Archeological and Paleontological Services Scope of Work:
As part of the RBF Team, SWCA, Inc. Environmental Consultants will perform the following Archeological and
Paleontological Services:
Task 1. Cultural and Paleontological Resources Literature Reviews. SWCA will complete a review of archaeological
literature maintained by the South Central Coastal Information Center located at California State University, Fullerton. In
addition to the archaeological inventory records, an examination will be made of historic maps, the National Register of
Historic Places, the California State Historic Resources Inventory, and the listing of California Historical Landmarks. The
archival research will indicate if the project area was previously examined for cultural resources and if any resources have
been recorded within that area. The literature review will include a review of information for known sites within the study
area and within a one -mile radius of the study area. The paleontological literature and records review will include an
examination of records maintained by the Los Angeles County Museum of Natural History to determine the existence of
previously recorded paleontological resources within the project boundaries and vicinity, and to determine geologic
formations that will be impacted by the project.
Task 2. Cultural Resources Reconnaissance. SWCA will conduct a pedestrian reconnaissance of the project area. This
will consist of a thorough examination of the study area for the purpose of identifying cultural resources. It is our
understanding that the project area consists of less then five acres, located in San Juan Capistrano, California. If there is has
been an earlier Phase I Cultural Resources Study of the project area and that report is made available to use then the
literature reviews and reconnaissance will not be necessary.
Task 3. Pregrade Conference. SWCA will have a representative present at the pregrade conference in order to establish
procedures to temporarily halt or redirect work to permit an assessment of artifactual or fossil material that is found.
Task 4. Archaeological and Paleontological Monitoring. According to the approved mitigation and monitoring program,
SWCA will perform archaeological and paleontological monitoring during all ground disturbing activities in areas determined
to be archaeologically and paleontologically sensitive. Because our archaeologists and paleontologists are cross -trained, we
will only need one monitor on site during grading. It is our understanding that the project will require 40 days of grading with
part time review while the drilling operation is underway, at about 2 site visits at 2 hours per week during this process.
Task 5. Cultural Resources and Paleontological Technical Reports Production. At the conclusion of the monitoring,
SWCA will prepare a final cultural resources report detailing the findings of the literature reviews, surface reconnaissance,
and documenting the results of the cultural resources and paleontological monitoring program.
City of San Juan Capistrano Responsibilities:
1. Assign a City Project Manager to be the primary point of contact for Consultant.
2. Provide the Consultant with access to the project site and existing facilities on the project site.
3. Provide the Consultant with pertinent information regarding operation of the existing facilities on site as well as general
information on the water system and its operation.
4. Provide or make available upon request, reports, drawings, specifications, records, data and files deemed useful for the
project activities.
5. Provide office and field personnel to operate valves and fire hydrants as required.
6. 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 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.
1-8 MF
Termival Reservoir No. 2 Replacementoject
Proposal for Construction Management Services
Exclusions:
1. Utility Potholing. Any utility potholing necessary for the completion of this project shall be provided by the serving utility or
the City, as necessary, and therefore is not included.
2. Hazardous Waste Investigations. It is assumed that all site assessment / hazardous waste investigations, if necessary, will be
provided by the City under a separate contract.
3. Construction survey. All survey is to be provided by the contractor.
4. Monitoring surveys.
5. Video inspection.
Miscellaneous:
1. All plans and other documents prepared by the CM on behalf of the OWNER shall become the sole property of the
OWNER.
2. The Contractor is to provide the CM with a trailer.
1-9 1W
0 0
PROJECT TEAM HOURLY RATE SCHEDULE
City of San Juan Capistrano
Terminal Reservoir No. 2 Replacement Project
RBF Consulting PERSONNEL
2004
PrincipalEngineer................................................................................................................................$160.00
ProjectManager.....................................................................................................................................142.00
StructuralEngineer.................................................................................................................................144.00
Construction Manager / Claims Manager / Scheduler............................................................................139.00
0.50/mile
ResidentEngineer..................................................................................................................................134.00
SeniorEngineer......................................................................................................................................123.00
Senior Construction Inspector..................................................................................................................89.00
ProjectEngineer.....................................................................................................................................103.00
EnvironmentalSpecialist.........................................................................................................................
97.00
DesignEngineer.....................................................................................................................................102.00
ProjectSurveyor.....................................................................................................................................128.00
2 -Person Survey Crew...........................................................................................................................190.00
SurveyCADD Operator............................................................................................................................98.00
Field Office Administrator.........................................................................................................................57.00
Administrative Support / Clerical / Word Processing................................................................................50.00
Consultation Relative to Legal Actions..................................................................................................270.00
VehicleMileage.................................................................................................................................
0.50/mile
Merkel & Associates, Inc. (Bio) PERSONNEL
ProjectManager....................................................................................................................................$95.00
ProjectCoordinator.................................................................................................................................68.00
ConstructionMonitor................................................................................................................................50.00
WordProcessor.......................................................................................................................................40.00
VehicleMileage.................................................................................................................................
0.50/mile
SWCA. Inc. Environmental Consultants (Archeo/Paleo) PERSONNEL
ProgramDirector....................................................................................................................................$95.00
Archeologic & Paleologic Project Manager/ Certified Paleontologist ......................................................80.00
Archeologic Field Director........................................................................................................................65.00
FieldMonitor.............................................................................................................................................48.00
WordProcessor.......................................................................................................................................40.00
Lawson Associates (Geotech) PERSONNEL
PrincipalGeologist...............................................................................................................................$155.00
Associate Engineer Geologist................................................................................................................115.00
SeniorStaff Engineer Geologist...............................................................................................................90.00
FieldTechnician.......................................................................................................................................75.00
DeputyInspector......................................................................................................................................45.00
WordProcessor.......................................................................................................................................45.00
Note:
Blueprinting. reproduction, messenger service and other direct expenses will be charged without an additional cost mark-up. A Subconsultant Management
Fee of fifteen -percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, submnsultant consultation
and insurance. These rates are good through December 31, 2004.
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