20-0729_JOHN ROBINSON CONSULTING, INC._First Amendment to Personal Services AgreementFIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
RECYCLED WATER SITE INSPECTIONS AND CROSS CONNECTION TESTING
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and John Robinson Cons it' Inc., a
Calif rnia corporation ("Consultant") is made and entered into, to be effective the q day of
2020, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Professional Services
Agreement dated July 5, 2019 for Recycled Water Site Inspections and Cross Connection
Testing (the "Agreement"); and
WHEREAS, the City and Consultant desire to further amend the terms of the
Agreement as provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, City and Consultant agree to amend Section 5 of the Agreement as follows:
Section 2, Term is amended to add 185 calendar days, for a total 1 year term
commencing on the effective date of July 29, 2019 and expiring on July 29, 2020.
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SIGNATURE PAGE
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
RECYCLED WATER SITE INSPECTIONS AND CROSS CONNECTION TESTING
All oth
effect.
ATTEST:
By:
ns of the Agreement not amended hereunder shall remain in full force and
Morris, City Clerk
APPROVED AS TO FORM:.,
BylC
eff all ger, Wy Attorney
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540023.1
61147.02100\10229925.1
CITY OF AN JUAN CA l TRANO
By:
B Iami i gel, City Manager
JOHN ROBINS9N CONSULTING INC.
By: 3/16/2020
Jo n Robinson, President
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of G5 , 20� by and
between the City of San Juan Capistrano, a public agency o anized and operating under the
laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675 ("City"), and John Robinson Consulting Inc., a Corporation with its
principal place of business at 1055 E. Colorado Boulevard, Suite 500, Pasadena, CA 91106
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
2019 Recycled Water Site Inspections and Cross Connection Testing (hereinafter referred to as
"the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $30,360. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
for the following:
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
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profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of"the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Rectuirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel of City's choosing), indemnify and hold the City, its officials, officers, employees,
volunteers, and agents free and harmless from any and all claims, demands, causes of action,
costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any
acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees,
subcontractors, consultants or agents in connection with the performance of the Consultant's
services, the Project or this Agreement, including without limitation the payment of all damages,
expert witness fees and attorney's fees and other related costs and expenses. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any, received by
Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant's obligation to defend, indemnify, and/or hold harmless
arises out of Consultant's performance of "design professional" services (as that term is defined
under Civil Code section 2782.8), then, and only to the extent required by Civil Code section
2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be
limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of
competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not
exceed the Consultant's proportionate percentage of fault.
13. California Labor Code Re uirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects
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17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign Mike Marquis, P.E. as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
above.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
CONSULTANT:
John Robinson Consulting Inc.
1055 E. Colorado Blvd., Suite 500
Pasadena, CA 91106
Attn: Steve May, Public Works & Utilities Attn: John Robinson, President.
Director
0
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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EXHIBIT A
Scope of Services
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Mr. Michael Marquis, Associate Civil Engineer - 2 -
June 22, 2019
15
Plaza De Las Golondrinas &
Y
Y3
Ortega Car Wash
16
Rancho Madrina HOA
Y
Y1
17
Rancho San Juan HOA
Y
Y1
18
San Juan Creek HOA
Y
Yl
19
San Juan Hills HOA
Y
Y1
20
San Juan Mesa Verde HOA
Y
Y1
21
Seasons Senior Apartments II
Y
Y1
22
San Juan Capistrano Housing
Y
N
23
South Coast Christian Assembly
Y
N
24
Villa Paloma
Y
N
25
Fluidmaster Building (Site 1)
Y
N
26
Fluidmaster Building (Site 2)
Y y
- _ N
Totals
26
1 Way Shutdown =15
2 Way Shutdown = 1
Y1=
One -Way Shutdown Test Required
Y2 = Two -Way Shutdown Test Required
Scope of Services - Assumptions
1. JR Consulting shall obtain a contact list and homeowner association access codes from
the City and then notify each customer, property manager and landscaping contractor, if
applicable a minimum of 48 hours in advance of thework.
2. JR Consulting shall coordinate with Tim O'Neil or other assigned City personnel for all
City park facilities, to have a City staff member accompany JR Consulting during the
cross -connection testing (to run controller).
3. JR Consulting shall record all results of the visual inspection and cross connection
testing on the City's recycled water site inspection and cross connection testing form
from the City's recycled water Rules and Regulations. One form shall be completed
by JR Consulting for each site and delivered to the City in electronic (PDF) format.
This report can be provided to DDW personnel as compliance with the Master
Engineering Report and Rules & Regulations
4. JR Consulting will perform a "two way" cross connection test for Marbella Golf
Course. This will be conducted on a Monday since the golf course is not in operation
and will minimize the impact to both the golf course and homeowner's association.
The City's site inspection and cross connection summary form will be completed
outlining the findings of the cross -connection testing and visual inspection.
1055 E. Colorado Blvd, STE 500, Pasadena, CA 91106 TEL (626) 375-9389}vyv.�_hiirc, lii,�g11
Mr. Michael Marquis, Associate Civil Engineer - 3 - June 22, 2019
Time Schedule
JR Consulting will commence with the proposed scope of services immediately upon receipt of
the City Notice to Proceed. JR Consulting will complete contacting and scheduling the sites for
visual inspection, 1 -way cross connection test or 2 -way cross connection test within 30 days
from Notice to Proceed. JR Consulting will complete the visual inspection and cross connection
testing which includes site inspection and cross connection testing form in approximately 60
days from completion of scheduling the sites. JR Consulting is willing to discuss an alternative
time schedule to meet the City's project schedule.
Compensation
JR Consulting will provide the services set forth in this proposal to the City on a time and
material basis. Based on JR Consulting's present knowledge of the services described above, it is
recommended that a not -to -exceed budget of $27,600. Below is a breakdown of the hours and
hourly rates.
Marbella Golf Course — 12.0 $1,800
2 Way Cross Connection Testing
15 Recycled Water Customers — 120.0 $18,000
1 Way Cross Connection Testing
26 Recycled Water Customers — 52.0 $7,800
Visual Inspection
TOTAL 184.0 $27,600
(1) JR Consulting will be holding the hourly rale for John Robinson to $150/hour since the City is a long-time client.
(2) JR Consulting will not be charging any "Other Direct Costs" including mileage
JR Consulting commits to timely, responsive services, and to deliver excellence in the offered
services. We are eager and enthusiastic to complete this scope of services.
If there are any questions, please feel free to contact me at (626) 375-9389 or
i robinson(it)jnhn rt)b i nscmc:onsu It i ii�csin i
Very truly yours,
John Robinson, Principal
John Robinson Consulting, Inc.
1055 E. Colorado Blvd, STE 500, Pasadena, CA 91 106 TEL (626) 375-9389 w%vw jolilirul)iiisoncorisulting.edm