05-0619_RBF CONSULTING_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this � F day of dU I 2005,
by and between the City of San Juan Capistrano (hereinafter referred to Ws 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 engineering services for the Avenida Placida Slide Repairs; 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, 2005.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall be for a not to
exceed fee of Ninety -Five Thousand Four Hundred Ninety-six ($95,496) 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
incorporated herein by reference. Included within the compensation are all the
1
SD
0
0
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 Assianment.
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.
2
0 0
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.
i:3
9 0
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.
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.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
5
9 0
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 party 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: Steve Speakman
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").
Section 19. Entire Agreement.
A
9
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.
P
=1I WaYLIAM
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. I
haw, City Attorney
7
CITY OF SAN JUAN CAPISTRANO
By: (;�� —4 O"n�,nN.
Dave Adams, City Manager
CONSULTANT
By:
BF Con ulti g, Inc.
Proposal to Provide Eni:ering Services for the Krum Resery*ehabilitation Project - City of
San Juan Capistrano July 11, 2005
Project Understanding
RBF Consulting proposes to provide preliminary engineering services to 1) provide alternatives for the protection
of water pipelines feeding the Krum Reservoirs, and 2) provide the final design engineering services for the
regrading of the slope adjacent to Avenida Placida. Final engineering and construction services for
improvements to the Krum Reservoirs will be provided as an amendment to the contract pending results of the
studies and long term plans for the reservoir. The services proposed within this scope of work will include
coordination with the City's Geotechnical Engineer (Lawson & Associates Geotechnical Consulting, Inc. (LGC)),
implementation of LGC's recommendations regarding the slope adjacent to Avenida Placida, pipeline protection
methods, and a determination of the feasibility of the continuing long-term utilization of the Krum Reservoirs.
The feasibility study will consist of the development of options for piping. The work will include the preparation of
technical memorandums that will detail options, propose recommendations, develop construction cost opinions,
and produce a project schedule.
Scope of Services
Task 1 - Regrading of Slopes Adjacent to Avenida Placida
Three distinct landslides have been identified by TGC in the sloped area between the Krum Reservoirs and
Avenida Placida. The lower landslide is adjacent to Avenida Placida. The upper landslide is adjacent to the
access road that contains the waterlines and is just north of the reservoirs. The third landslide is located
between the upper and the lower landslides and encompasses much more area than either of the other two.
See Exhibit 1. The City has hired LGC as the Geotechnical Engineer. LGC has recommended a method of
stabilizing the slope designated as the lower landslide area that is shown in Exhibit 2. RBF will provide the
following services under this task.
Task 1.1 Grading Plans. RBF will prepare grading plans for the lower landslide area suitable for bidding to
a select list of bidders at 1" = 40' scale based upon topographical maps and other information
provided by the City (see section below on items to be provided by the City). The grading plans
will be created in accordance with City standards, be based upon LGC recommendations, and
will be processed through City staff for approval. General notes and construction notes will be
included on the plans. No technical specifications will be included for this work. Grading plans
will include the slope re -grading. Earthwork calculations and a construction cost opinion with
quantities will be provided. Soil parameters are required and shall be provided by others.
Task 1.2 Erosion Control Plans. RBF will prepare erosion control plans that meet or exceed City and
County requirements and will be processed through the City for approval by staff members.
Task 1.3 Landscape and Irrigation Plans. RBF will prepare landscape and irrigation plans for approval by
the City for the areas graded. Plans will match the existing landscaping in the adjacent slopes.
Task 1.4 Hydrology Calculations. RBF shall confirm that the tributary areas of the revised Lower Landslide
grading match the pre -slide tributary areas. As requested by the City, no new hydrology
calculations shall be required other then for the new slope bench. RBF will also assume the
detention basin size is to remain the same and will calculate volumes to match volumes provided
in the report "Mainline Hydrology Calculations, Final Report, Parcel C and D of Tract nos. 13436,
13437 & 13866", dated May 1991, prepared by Hunsaker & Associates. It is also assumed no
hydraulic calculations will be required since no new storm drain lines are required.
H:\PDATA\10104476\Admin\Proposai\SOW-7-11-05.doe
Page 1
�tlBrf" i�r
Proposal to Provide En*eying Services for the Krum Resery(Oehabilitation Project - City of
San Juan Capistrano July 11, 2005
Task 1.5 Storm Water Pollution Prevention Plan. The Federal Clean Water Act (CWA) requires a
construction activity permit for parcels over one (1) acres in size or smaller parcels that are part
of a larger development one (1) acre in size. Grading is considered a construction activity. In the
State of California this is accomplished by filing a Notice of Intent (NOI) with the California State
Water Resources Control Board (SWRCB) for coverage under the State General permit. This
requires the preparation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP is
prepared in accordance with the SWRCB Order No. 92-08-DWQ, National Pollutant Discharge
Elimination System (NPDES) General Permit for Construction Activity No. CAS000002.
In accordance with the criteria of the California Regional Water Quality Control Board
(CRWQCB), Consultant will prepare a Storm Water Pollution Prevention Plan (SWPPP) in
conjunction with the preparation of the Grading Plan. The SWPPP will utilize Best Available
Technology Economically Achievable (BAT) and Best Conventional Pollutant Control Technology
(BCT) to address the necessary erosion and sediment control devices to reduce erosion potential
or soil exposure associated with a construction site during the Construction Phase. The grading
plans for the proposed construction will be utilized as a screened base sheet and the proposed
control measures and devices for erosion will be delineated.
The objectives of this SWPPP are to: 1) identify the sources of sediment and other pollutants
from the construction site that affect the quality of storm water discharges; and 2) to describe the
practices to reduce sediment and other pollutants in storm water discharges generated from the
construction site. The SWPPP document has specific sections, which address the following
issues:
Source Identification
NO] (Notice of Intent for coverage under statewide permit.)
Project Inventory - Sources of Pollutants
Soil Stabilization Practices
Erosion Control Practices
Post Grading - Erosion Control Measures
Preventive Maintenance Plan and Inspection
Procedures to Educate Staff SWPPP
Site Monitoring
Certification
Task 1.6 Bid Assistance. RBF will answer written questions received from the City during bidding of this
portion of the work. RBF will prepare revisions to the plans, if required, during bidding to address
questions.
Task 1.7 Construction Services. RBF will attend a pre -construction meeting, respond to up to 8 written
requests for information, attend up to four meetings in the field, and review up to 15 shop
drawings (two reviews each). Other construction related services requested by the City will be on
a time and material basis. See attached hourly rate schedule.
Task 1.8 Design Survey. RBF will provide field survey and office calculations to provide control and
integrate the topographical map, the boundary and/or record maps, and the aerial photo provided
by the City. It is assumed that vertical and horizontal control is readily available in the area and
that the topographical map has the control points necessary to complete this task.
H:\PDATA\10104476\Admin\Proposal\SOW-7-11-05.doe
Page 2
Proposal to Provide Eoeering Services for the Krum ReserviWehabilitation Project - City of
San Juan Capistrano July 11, 2005
Task 2 - Pipeline Stabilization Alternatives
The pipeline in the access road by the reservoirs (see Exhibit 1) is impacted by the upper landslide. RBF will
investigate the following alternatives in conjunction with LGC and based upon information provided by LGC.
Task 2.1 Alternative 1 - Regrade and Stabilize the Upper Landslide Area. Based upon methods
recommended by LGC, RBF will prepare conceptual grading exhibits in order to establish the
construction cost opinion for this alternative.
Task 2.2 Alternative 2 - Construct Caissons to Protect Pipeline. Based upon parameters established by
LGC, RBF will prepare conceptual exhibits in order to establish the feasibility and construction
cost opinion for this alternative.
Task 2.3 Alternative 3 - Relocate Pipeline to Above Ground. RBF will develop a proposed method to
relocate the existing pipeline along the edge of the access road with new pipe and develop a
construction cost opinion for this alternative.
Task 2.4 Alternative 4 - Relocate Pipeline Around to South Side of Tank. RBF will develop a proposed
method of relocating the existing pipeline so that it extends around the south of the reservoir at
the elevation equal to approximately the bottom of the existing Krum Reservoirs. The pipeline
would be reconnected to the reservoirs, and the pipelines headed to the east towards the new
760 reservoir. Exhibits and a construction cost opinion will be developed for this alternative.
Task 2.5 Preparation of Technical Memorandum. Alternatives will be described in a memorandum format.
Exhibits and a construction cost opinion will be included. Recommendations will be made on
which alternative to implement.
Task 3 - Meetings
The meetings indicated in the following table are included in the scope of work. Additional meetings will be
attended on a time and material basis. Hourly rates for Fabio Escobar and Steve Speakman are $152 per
hour. Structural Engineer rate is $152 per hour. Project Engineer rate is $116 per hour.
No.
Description
Date
1
Site Reconnaissance
6/21/05
2
Meeting with Geotech Engineer
6/22/05
3
Site Reconnaissance
6/28/05 1
4
Meeting with HOA
6/29/05
5
Meeting with Geotech Engineer
7/12/05
6
Progress Meeting
2
7
1 Progress Meeting
2
8
Progress Meeting
2
9
City Council Meeting
2
Construction Meetings
See Task 1.5
[t] Tentative date.
[2] Date to be determined.
H:\PDATA\10104476\Admin\Proposal\SOW-7-11-05.doc
Page 3
Proposal to Provide Erroeeering Services for the Krum ReservAWehabilitation Project — City of
San Juan Capistrano July 11, 2005
Task 4 — Permits
Assistance will be provided, as part of the normal plan submittal process through the Public Works
Department, in processing plans through the City in order to obtain a Grading Permit from the City. All other
permits are to be coordinated and/or provided by others.
Design Schedule
The initial submittal of the Grading Plans produced in Task 1 will be 15 working days from the date on which a
topographical map is provided as stipulated herein. The second submittal of the grading plans will be made within
7 working days of reception of all comments from all City personnel. Subsequent submittals will be made within 5
working days of reception of all comments from all City personnel. SWPPP will be prepared within 20 working
days from the date on which a topographical map is provided as stipulated herein.
The initial submittal of the Technical Memorandum for Task 2 will be 20 working days from the date on which a
topographical map is provided as stipulated herein. The second submittal of this memo will be made within 7
working days of reception of all comments from all City personnel. Subsequent submittals will be made within 5
working days of reception of all comments from all City personnel.
Deliverables
Deliverables will be provided at each of the submittals described below.
Submittal:
Submittal Format:
I Number of Copies:
Task 1 Plan Checks
30 x 42 (bondl PIES
4
Task 2 Plan Checks
8.5 x 11 with 11 x 17 exhibits
4
Fee
The attached fee table, which is designated as Table 1, is hereby incorporated into the scope of services
described herein. Monthly invoices will be billed based upon percent complete with a total as indicated in Table 1.
This total will not be exceeded without written approval by the City.
Reimbursables and Expenses
All reimbursables, including mileage, copies, reproduction and all expenses will be billed at cost plus 5%.
Items to be provided by the City
The following items or tasks are to be provided by the City prior to the notice to proceed or in a timely manner as
they become available.
1. Topographical map suitable for final design base sheets in ACAD format with benchmarks or
other control.
2. High resolution aerial photographs
3. Recommendations of Geotechnical Engineer
4. Street, Stormdrain, Grading plans, and Hydrology report for the residential development
H:\PDATA\10104476\Admin\Proposal\SOW 7_11_05.doc
Page 4
Proposal to Provide Eeeering Services for the Krum Reserv&ehabilitation Project - City of
San Juan Capistrano July 11, 2005
5. Dive inspection reports for the reservoirs, leak test results, and other reports that may be
available.
Exclusions
The following services are not included in these scope of services, however they can be provided if requested by
the City.
1. Final engineering for pipeline protection or reservoir rehabilitation.
2. CEQA tasks, Environmental Permits, or other permits, or fees
specifically included herein.
3. Cost of coring concrete or any compaction or material testing.
4. Construction staking or surveys, topographical services, right
mapping services.
5. Preparation of Record Drawings or "As-Builts."
6. Daily inspection or construction management during construction.
7. Geotechnical Engineering services.
8. Landscape Concept Plans.
9. Reservoir Inspection or site analysis.
10. Analysis of other landslides not described herein.
11. Other tasks or fees not specifically included herein.
End of Scope of Services
H:\PDATA\10104476\Admin\Proposal\SOW-7-11-05.doc
for permits or other fees not
of way, boundary surveys, or
Page 5 WF
TABLE 1
ESTIMATED HOURS AND FEE
KRUM RESERVOIR REHABILITATION
Task Task Description
Approximate Person Hours
Principal Project Project Designer
In Charge Manager Engineer Drafter
Total
Estimated
Fee
Task 1 - Regrading of Slopes Adjacent to Avenida Placida
1.1 Grading Plans
Grading Plans 1 Concept Sht, 3 Final Shts
4
22
50
95
$
20,264
Earthwork Calculations
1
4
8
8
$
2,615
Construction Cost Opinion
2
8
8
0
$
2,574
Subtotal Task 1.1
7
34
66
103
$
25,453
1.2 Erosion Control Plans 3 Sheets
1
4
8
21
$
4,019
1.3 Landscape and Irrigation Plans
2
8
18
36
$
7,622
1.4 SWPPP
2
8
18
12
$
5,030
1.5 Hydrology
1
2
6
4$
1,647
1.6 Bid Assistance
0
12
12
12
$
4,512
1.7 Construction Services
Meetings 5
0
15
15
0
$
4,020
RFI's 8
0
161
16
0
$
4,288
Shop Drawings (15)
0
15
30
0
$
5,760
Subtotal Task 1.7
0
46
61
0
$
14,068
1.8 Design Survey
$
3,000
Subtotal Task 1
13
114
189
188
$
65,351
Task 2 - Pipeline Stabilization Alternatives
2.1 Alternative 1
1
6
6
12
$
3,119
2.2 Alternative 2
3
10
12
18
$
5,501
2.3 Alternative 3
1
6
6
12
$
3,119
2.4 Alternative 4
1
6
8
12
$
3,351
2.5 Technical Memorandum
1
8
16
0
$
3,287
Subtotal Task 2
71
36
481
54
$
18,377
Task 3- Meetings
0
41
6
0$
6,928
Task 4 • Grading Permit Processing
0
6
8
0
$
1,840
Subtotal Tasks 1 - 6:
20
197
251
2421$
92,496
Other Costs:
Reimbursibles, Mila e, Copies, Other Expenses [1]:
$
3,000
PROJECT TOTAL:
$
95,496
[11 - See conditions in Scope of Services
h:\pdata\10104476\admin\proposal\fee_krum 7_11_05.)ds 7/11/2005 Page 1