06-0207_MBF CONSULTING, INC_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _ day of }-94"06,
by and between the City of San Juan Capistrano (hereinafter referred to as the "City")
and MBF CONSULTING, INC., (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 Rancho Sierra Storm Drain
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, 200
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 Thirty -Five Thousand Nine Hundred Forty -Eight ($35,948) 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.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
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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: Michael Fakhar
MBF Consulting, Inc.
22321 Birchleaf
Mission Viejo, CA 92692
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.
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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:
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Shaw, ity Attorney
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CITY OF SAN JUAN CAPISTRANO
By.
avid M. S erdlin, Mayor
CONSULTANT
By:y2-
MBF Consulting, Inc.
November 28, 2005
Ms. Amy Amirani
Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR RANCHO SIERRA
VISTA STORM DRIAN REPLACEMENT PROJECT
Dear Ms Amirani:
MBF Consulting, Inc. (MBF) is pleased to submit this proposal to the City of San
Juan Capistrano for engineering services to replace the Rancho Sierra Vista
Storm Drain.
Attached please find Exhibit A, indicating our proposed scope of services, Exhibit
B, indicating our fee for the proposed scope of work, and a project schedule
reflecting design, bidding, and construction duration for project.
Thank you for the opportunity to offer our services. Please do not hesitate to
call me at (949) 525-7282 if you have any questions.
Sincerely,
Michael Fakhar, PE
Principal
EXHIBIT A
22321 Birchleaf, Mission Viejo, California 92692
(949) 525-7282 ♦ Fax (949) 380-9464
EXHIBIT A
SCOPE OF WORK
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The following tasks include the design, construction document preparation, and construction
support services for replacement of approximately 500 L.F of an existing 24 -inch corrugated
steel and plastic storm drain pipe with a new 24 -inch Reinforced Concrete Pipe (RCP) located
in the Rancho Sierra Vista Stables. This storm drain starts at a catch basin on De La Vista,
extends through the Rancho Sierra Vista Stables and finally terminates at Trabuco creek.
We propose to select a new alignment that extends through the Sierra Vista Stables property
and avoids existing structural features where possible. The proposed alignment allows the
existing storm drain to remain in service during the construction of the new RCP replacement.
Our proposed design will also improve the slope along the entire length of the new RCP for
better drainage.
Preparation of legal description and exhibit for the pipe easement is not included in this
proposal, however the initial research to determine the property ownership along the proposed
storm drain alignment will be provided by our Survey Sub consultant (Bush and Associates) as
part of this proposal.
MBF, under a separate proposal, will prepare the legal description and exhibits necessary to
obtain an easement for the new storm drain alignment.
Our initial investigation and consultation with our environmental sub consultant, Lawrence &
Associates, regarding the environmental impact of this project, indicates that since the new
storm drain size and purpose remains the same as the existing facility it replaces, filing of a
Negative Declaration should be all that is needed to meet the environmental requirements for
this project. Our proposal includes the fee to prepare such Negative Declaration Document.
Any additional work beyond the filing of the Negative Declaration Form is beyond the scope of
this proposal. If required, MBF Consulting will provide additional environmental and regulatory
permit services under separate proposal and fee.
MBF Consulting services will be provided in two separate phases:
Phase 1 - Design- Prepare Plans and specifications to comply with City's standard
design practices.
Phase 2 — Construction
Construction Assistance- Provide construction support services during
construction
Inspection — Provide construction inspection for approximately
500 feet of storm drain. Construction duration is
estimated to be 5 weeks. Inspection services to
be provided on part-time basis at 20 hours per
week.
MBF Consulting
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Our detailed scope of services will be provided in two phases as follows:
SCOPE OF WORK
PHASE 1 -DESIGN
TASK
TASK DESCRIPTION
DELIVERABLES
NO.
1.1
Kick- off Meeting
Schedule a kick-off meeting to accomplish the following
• Meeting Minutes
objectives:
• Project Schedule
• Identify City staff involved in the project.
• Discuss major features and special requirements;
• Obtain pertinent information from the City.
-Discuss project design schedule and milestone dates, and
adjust schedule as deemed necessary.
1.2
Research and Data collection
• Work in cooperation with the City, utility companies and other
• Utility Company
affected entities to collect records, improvement drawings and
Correspondence
plans.
• Copies of all
• Review reports, record drawings, project files, and other
Franchise Utility
information pertinent to the project. Research and identify the
Facilities Mapping
location of all facilities in the project area.
• Gather existing horizontal and vertical control necessary to
establish control for the basis of topographic surveying.
1.3
Design Survey
• Research at City and County offices for local survey control.
40 -Scale base map
showing culture, one
• Establish survey control using NAD83 coordinates and
foot contours and spot
County benchmark elevations.
elevations.
• Topographic survey of the 100' wide mapping strip. We will
locate all visible culture and measure ground elevations.
MBF Consulting
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•
• Perform job walk to identify conflicts and inconsistencies.
•
1.4
Preliminary Improvement Plans
• Develop preliminary design drawings on plan and profile
• A set of Preliminary
sheets at 1"=40' (horizontal) and 1"=4' (vertical) for the 24"
Improvement Plans
RCP and appurtenances. Plans will include pipe horizontal
and vertical location, laterals and inlets, and all other pertinent
• Wing Wall structural
information required to construct the facility.
details
• Develop structural drawings and details for wing walls at the
outlet
1.5
Final Improvement Plans
• Following City review of preliminary plans, prepare final plans for
• Final Improvement
RCP storm drain construction.
Plans (Hardcopy)
• Reproducible Set of
• Submit original plan set on mylar reproducible) signed and
Plans on Mylar
sealed by RCE), along with electronic submittal of the same.
• Electronic copy of
Plans on CD-ROM
Plans will include:
• Title, Typical Sections,
and Notes
• Storm drain
Improvement - Plans
and Profile Sheet
• Typical and Special
Details
1.6
Final Specifications and Estimate
• Prepare final contract documents, specifications and special
• Final Specifications,
provisions.
Special Provisions &
Estimate
• Provide electronic of final specifications and estimate as well
as reproducible original (signed and sealed by RCE)
• Quantity Calculations
• Electronic files in City
• The City will provide one boilerplate copy in digital format of
specified format on
the City Standard Contract document for inclusion of the
CD-ROM
specifications.
• Provide bid item schedule.
MBF Consulting
Prepare the engineer's opinion of probable construction cost
based on the quantities and unit cost justification.
1.7
Assistance During Contract Award/Bid Support
Provide assistance with information and clarification of bid
Written responses to
documents to prospective bidders and prepare addenda for
inquiries and addenda
all prospective bidders as required.
PHASE 2 — CONSTRUCTION PHASE
TASK
TASK DESCRIPTION
DELIVERABLES
NO.
2.1
Construction Assistance
• Attend pre -construction meeting to answer questions regarding the
• Written response
plan set and specification package.
to shop drawings
• Review and approve contractor shop drawings
• Written response
• Review and approve contract change orders
to change order
• Prepare design modifications as required (time and materials)
requests
• Respond to contractor requests for information/clarifications
Design
(RFI/RFCs).
Modifications
• RFI/RFCs
2.2
Inspection
• Provide five (5) weeks of inspection at 20 hours per week.
• Field notes
MBF Consulting
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