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01-0427_RBF CONSULTING, INC_Personal Services Agreement (2)• a PERSONAL SERVICES AGREEMENT T IS REEMENT is made and entered into this /I day of 2006, by and between the City of San Juan Capistrano (hereinafter e er d to as the "City") and RBF Consulting. Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide inspection and construction engineering support for the replacement of the San Juan Creek Water Line Crossinq at Via Estenaga 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 by no later than October 1, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twenty -Four Thousand Three Hundred and Thirty-six Dollars ($24.336.00), as set forth in Exhibit' A," attached and incorporated herein by reference. S® ' ATTACHMENT 1 0 0 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and 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. 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 Subcontractina and Assianment. 2 0 0 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. Chances to Scope of Work. 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. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 70. 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 K • 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. 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, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' 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 out of or in connection with the work, operation or activities 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. 4 0 0 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 Not Applicable. 5 E 0 14.6 Notice of Cancellationlrermination 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. 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: RBF Consulting. Inc.. 14725 Alton Parkway Irvine, CA 92618 Attention: Bill Seitz 0 0 0 Section 17. Attomevs' 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 Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: John R. S I aw, City Attorney 0 CITY OF SAN JUAN CAPISTRANO By: -7- c1.&u. ' - Dave Adams, City Manager RBF Consulting, Inc. V t vNJ^ V1 Michael Rudinica, Principal • June 27, 2006 CONSULTING Mr, Joe Mankawich Water Project Manager CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 0 Subject: Proposal; Construction Management and Inspection Services; 14" Waterline Creek Crossing at Via Estanaga, CIP 767 Dear Mr. Mankawich, JN 10-101840 RBF Consulting, (RBF), is pleased to present our Proposal to provide Professional Construction Management, Inspection, and Construction Engineering Services in support of the 14" Waterline Creek Crossing at Via Estanaga Project, (CIP 767). The objective is to replace the existing line with a single 12" line. Project Understanding: It is RBF's understanding that the Project will include: directional drilling, crossing the San Juan Creek, and installing 14" HDPE waterline. The estimated contract duration is 10 calendar days, with construction commencing immediately. Specific benefits derived from selecting the RBF Team include: ✓ A Team which is uniquely familiar with the City of San Juan Capistrano and which has an ongoing relationship of providing On -Call Public Works Inspection services to the City; ✓ A Team with a thorough knowledge of construction management, and which is backed by a firm of over 1,000 multi -disciplined professional and support personnel. Services To Meet Your Needs: We have enclosed the following information for your review and consideration: Exhibit "A" Scope of Services, and Exhibit "B" Compensation. As you can see, we have provided a scope of services that can be tailored to meet your needs. Thank you for the opportunity to submit this proposal. We look forward to continuing to work with you and to continuing our relationship with the City. Should you have any questions, then please contact me at 949.855.3634. Sincerely, Billy Seitz Associate Construction Management Attachments: Exhibit "A" scope of Services Exhibit "a" Compensa5on Juan CWkVupMpOM Jng OOxrvlbn 2008Q006 W 20 ouvel LedM PLANNING Q DESIGN a CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618-2027 • P.O. Box 57057, Irvine, CA 926137057 • 949 472.3505 • Fax 949.472.8373 Offices located throughom California, Arizona & Nevada ■ www.RBFcom EXHIBIT "A" 0 Exhibit "A" Scope of Services 0 City of San Juan Capistrano 14" Waterline Creek Crossing at Via Estanaga, CIP 767 RBF shall perform the following Scope of Services in connection with the Construction Management and Inspection of the 14" Waterline Creek Crossing at Via Estanaga, CIP 767 project based on the description from Mr. Joe Mankawich. This Scope of Services is based upon a 10 working day construction duration. Task 1.0 Construction Management Services 1. RBF shall attend one kick-off meeting with the Project Team and other agencies as directed by the City of San Juan Capistrano during the implementation of the initial work plan. 2. RBF shall attend the Pre -Construction Conference. 3. RBF shall review the project schedule. 4. RBF shall review the Public Works Inspector's construction inspection logs, including notes on contractor progress, weather conditions, job site conditions, and other significant events, which may affect the progress of the work. 5. RBF shall monitor the project schedule as submitted by the contractor and as approved by the City of San Juan Capistrano. RBF shall enforce the schedule revision clauses. 6. RBF shall monitor potential disputes of construction and specifications. 7. RBF shall monitor testing results. 8. RBF shall monitor utility coordination. 9. RBF shall schedule the final walk and monitor the Inspector's final punch list. A maximum of 24 hours is included within this work effort. Additional Construction Management services will be performed, if requested, on an hourly basis for an additional fee under a separate work authorization. I a So .w .lam cenwv Io. enno, owo amzaamxoon oemunreeoc Page t of 3 0 0 Exhibit "A" (continued) Scope of Services City of San Juan Capistrano 14" Waterline Creek Crossing at Via Estanaga, CIP 767 Task 2.0 Construction Inspection Services 1. RBF shall provide construction inspection services. 2. RBF shall provide a daily inspection report, and inventory of hours of effort expended as well as equipment utilized on the project. 3. RBF shall monitor test results. 4. RBF shall submit all record drawings / red lines ("as-builts") to the City of San Juan Capistrano. 5. RBF shall review the final progress payment form submitted by the contractor. A maximum of 80 hours (8 hrs/day for 10 days) is included within this work effort. Additional Construction Inspection services will be performed, if requested, on an hourly basis for an additional fee under a separate work authorization. Note: The specifications allow for the contractor to perform work from 7:00 A.M. until 5:00 P.M. for a total of 10 hours per day. Task 3.0 Construction Engineering Support Services 1. RBF shall review up to eight (8) shop drawings (1 initial review and 1 resubmittal review) for the project. 2. RBF shall prepare a response to up to eight (8) written RFI's. 3. RBF shall prepare record drawings based on the contractor's records. RBF will re - plot mylars and stamp them "Record Drawings". RBF will also resign the mylars. The City shall coordinate resigning of the record drawings for signatures other than those of RBF Employees. 4. The RBF Engineering Project Manager will attend the pre -construction meeting, as well as one additional construction meeting during the course of the work to stay abreast of the work progress and assist in the resolution of any conflicts. Additional Services Services which are not specifically identified herein in Tasks No. 1, 2, or 3, as those which are to be performed by RBF or its' subconsultants are considered "Additional Services" for the purposes of this Agreement. However, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule, and fee for such Additional Services. In the event RBF performs Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. n sooaysm Jw" mae+ =W 20 wo..mc Page 2 of 3 0 E, Exclusions Any work related to the following is specifically excluded from the services proposed herein and, if required, must be contracted for under separate contract or as an addendum to this contract: Construction /Record Survey Services Material Testing Archeological Services Paleontological Services Utility Potholing Right -of -Entry or Agency Permit Processing Hazardous Waste Investigations Traffic Control Management Any other work task not specifically provided for in the Scope of Services Client Responsibilities 1. Provide access to the site. 2. Provide copies of all applicable Plans. 3. Obtain all necessary Right -of -Entry permits from property owners. 4. Acquire all required environmental clearances for the project. 5. Provide all required record drawings and utility information. 6. Process submittals for permit purposes. 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. Exhibit "A" Scope of Services client Initials cbau�ooaoo�w,iocun,namow,ocouii a s Mo .Ju- �.—.n �azo.wwex Page 3 of 0 0 Exhibit "B" Compensation City of San Juan Capistrano 14" Waterline Creek Crossing at Via Estanaga, CIP 767 RBF shall be compensated for the Scope of Services described herein on a time and materials basis with the following budgets: Tasks 1 and 2_ - Construction Management and Insoection Services: Staff Category Hourly Rate Hours Budget Project Manager $156 24 $ 3,744 Construction Inspector $ 98 80 7,840 Sub Total Tasks 1 & 2 $ 11,584 Shop Drawing Review $ 3,720 Requests for Information $ 3,232 Preparation of Record Drawings $ 2,880 Meetings 960 Sub -Total Task 3 $ 10,792 TOTAL BUDGET— TASKS 1, 2, & 3: $ 22,376 Other - Additional Construction Inspection Services: Additional 2 hours per day as allocated in the project specifications Staff Category Hourly Rate Hours Budget Construction Inspector $ 98 20 1,960 TOTAL ALTERNATE BUDGET— TASKS 1, 2, & 3 and Other: $ 24,336 Plus direct cost of all reimbursable expenses with a 15% markup. Progress billings will be forwarded to the Client on a monthly basis for the time and materials spent performing the work, in accordance with the above noted hourly rates, not to exceed the total fee authorized for this project, plus all direct costs advanced by RBF. The Client shall make every reasonable effort to review invoices within (15) working days from the date of receipt of the invoices and notify RBF in writing of any particular item that is alleged to be incorrect. Should the budget amount set for each task reach 80%, the City of San Juan Capistrano and RBF will review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the task is appropriate. The fees proposed herein shall apply until December 31, 2006. Exhtbtt "3" Compensation Client Initials eeam�mao+om+ocyeneu„wew.aa a so� J. 2a maWt. nnx Page 1 of 1 0 32400 FIASCO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 PAx www.satyuancapistrano.org August 2, 2006 Bill Seitz RBFConsulting, Inc. 14725 Alton Parkway Irvine, CA 92618 Dear Mr. Seitz: i� IA(pAppAAlF1 DrMusAAp � 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed, original Personal Services Agreement related to San Juan Creek Water Line Crossing at Via Estanaga. , Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project )ciate Engineer (949) 487-4313. cc: Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future f"�� Printed on 1UU k Recycled Paper 0 AGENDA REPORT TO: Dave Adams, City Manager GK is 81112006 D14 FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of Personal Services Agreement for Construction Management Services — San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) (RBF Consulting, Inc.) (FEMA -DR -1577) By motion, approve the Personal Services Agreement for Construction Management Services for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) with RBF Consulting, Inc. in the not to exceed amount of $24,336; and authorize the City Manager to sign the Agreement. SITUATION: City Council awarded the construction contract for the San Juan Creek Waterline Crossing at Via Estenaga to S. Parker Engineering, Inc. on June 6, 2006. The City has received the proper bonds and insurance and work is now ready to commence. Public Works inspection staff does not have expertise in the area of directional drilling construction; therefore, staff is recommending that this portion of the work on this project be inspected by RBF Consulting, Inc. This firm had prepared the plans and specifications for the project and has inspectors whom are experienced with directional drilling construction techniques. RBF Consulting, Inc. will provide construction management, office and inspection support on the directional drilling portion of the work only. City staff shall provide these services for the remaining work such as connections to the existing water mains on either side of the creek. Staff, therefore, recommends approval of the Personal Services Agreement for Construction Management Services for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) with RBF Consulting, Inc. in the not to exceed amount of $24,336. COMMISSION REVIEW AND RECOMMENDATIONS: The Water Advisory Commission recommended City Council approval of the proposed contract at their July 25, 2006 meeting. AGENDA REPORT • • August 1, 2006 Paae 2 FINANCIAL CONSIDERATIONS: The FY 2006/2007 CIP Budget provides $524,000 for the San Juan Creek Waterline Crossing at Via Estenaga. The $24,336 cost for the inspection falls within the budgeted amount. The City has received an obligation letter from FEMA for $328,017 towards the cost of the project. Staff will seek additional FEMA reimbursement based upon the final costs for the project. NOTIFICATION: RBF Consulting, Inc. By motion, approve the Personal Services Agreement for Construction Management Services for the San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) with RBF Consulting, Inc. in the not to exceed amount of $24,336; and authorize the City Manager to sign the Agreement. Respectfully SRb Witted, hn W. Elwell, I erim Public Works Director Attachments: 1. Agreement 2. Location Map Pre pa ed by, Joe Mankawich Associate Engineer 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and RBF Consulting, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide inspection and construction engineering support for the replacement of the San Juan Creek Water Line Crossing at Via Estenaga 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 by no later than October 1, 2006. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed Twenty -Four Thousand Three Hundred and Thirty-six Dollars ($24,336.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 1 ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and 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. 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. 2 0 0 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. 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. 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 3 • 0 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. 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 Consultants professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' 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 out of or in connection with the work, operation or activities 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. 4 0 0 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 Not Applicable. 5 0 0 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. 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: RBF Consulting, Inc.. 14725 Alton Parkway Irvine, CA 92618 Attention: Bill Seitz A 9 0 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. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 7 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Dave Adams, City Manager RBF Consulting, Inc. n , gy Michael Rudinica, Principal ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. S w, City Attorney 8 C� • June 27, 2006 � JN 10-101840 CONSULTING Mr. Joe Mankawich Water Project Manager CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: Proposal; Construction Management and Inspection Services; 14" Waterline Creek Crossing at Via Estanaga, CIP 767 Dear Mr. Mankawich, RBF Consulting, (RBF), is pleased to present our Proposal to provide Professional Construction Management, Inspection, and Construction Engineering Services in support of the 14" Waterline Creek Crossing at Via Estanaga Project, (CIP 767). The objective is to replace the existing line with a single 12" line. Project Understanding: It is RBF's understanding that the Project will include: directional drilling, crossing the San Juan Creek, and installing 14" HDPE waterline. The estimated contract duration is 10 calendardays, with construction commencing immediately. Specific benefits derived from selecting the RBF Team include: ✓ A Team which is uniquely familiar with the City of San Juan Capistrano and which has an ongoing relationship of providing On -Call Public Works Inspection services to the City; ✓ A Team with a thorough knowledge of construction management, and which is backed by a firm of over 1,000 multi -disciplined professional and support personnel. Services To Meet Your Needs: We have enclosed the following information for your review and consideration: Exhibit "A" Scope of Services, and Exhibit "B" Compensation. As you can see, we have provided a scope of services that can be tailored to meet your needs. Thank you for the opportunity to submit this proposal. We look forward to continuing to work with you and to continuing our relationship with the City. Should you have any questions, then please contact me at 949.855.3634. Sincerely, � /"� Billy Seitz Associate Construction Management Attachments, Exhibit "A" Scope of Services Exhibit "B" Compensation 1pdgd1000W10xxu NVMeLLpl Mm sn$0O nJuan cyh"/M t rcb oMln 2"V0000B 20 MaalNwd= PLANNING 0 DESIGN S CONSTRUCTION 14725 Alton Parkway, Irvine, CA 92618-2027 • P.O. Box 57057, Irvine, CA 926137057 • 949 472.3505 • Fax 949 472.8373 Offices located throughout California, Arizona & Nevada • www.RBFcom ". o, , EXHIBIT "A" 0 14" Waterlin Exhibit "A" e 0 Scope of Services City of San Juan Capistrano Creek Crossing at Via Estanaga, CIP 767 RBF shall perform the following Scope of Services in connection with the Construction Management and Inspection of the 14" Waterline Creek Crossing at Via Estanaga, CIP 767 project based on the description from Mr. Joe Mankawich. This Scope of Services is based upon a 10 working day construction duration. Task 1.0 Construction Management Services 1. RBF shall attend one kick-off meeting with the Project Team and other agencies as directed by the City of San Juan Capistrano during the implementation of the initial work plan. 2. RBF shall attend the Pre -Construction Conference. 3. RBF shall review the project schedule. 4. RBF shall review the Public Works Inspector's construction inspection logs, including notes on contractor progress, weather conditions, job site conditions, and other significant events, which may affect the progress of the work. 5. RBF shall monitor the project schedule as submitted by the contractor and as approved by the City of San Juan Capistrano. RBF shall enforce the schedule revision clauses. 6. RBF shall monitor potential disputes of construction and specifications. 7. RBF shall monitor testing results. 8. RBF shall monitor utility coordination. 9. RBF shall schedule the final walk and monitor the Inspector's final punch list. A maximum of 24 hours is included within this work effort. Additional Construction Management services will be performed, if requested, on an hourly basis for an additional fee under a separate work authorization. I A SWs: J�c+dwranw Mneft ooxry � N M=M=o Page t of 0 Exhibit "A" (continued) Scope of Services City of San Juan Capistrano 14" Waterline Creek Crossing at Via Estanaga, CIP 767 Task 2.0 Construction Inspection Services 1. RBF shall provide construction inspection services. 2. RBF shall provide a daily inspection report, and inventory of hours of effort expended as well as equipment utilized on the project. 3. RBF shall monitor test results. 4. RBF shall submit all record drawings / red lines ("as-builts") to the City of San Juan Capistrano. 5. RBF shall review the final progress payment form submitted by the contractor. A maximum of 80 hours (8 hrs/day for 10 days) is included within this work effort. Additional Construction Inspection services will be performed, if requested, on an hourly basis for an additional fee under a separate work authorization. Note: The specifications allow for the contractor to perform work from 7.•00 A.M. until 5:00 P.M. for a total of 10 hours per day. Task 3.0 Construction Engineering Support Services 1. RBF shall review up to eight (8) shop drawings (1 initial review and 1 resubmittal review) for the project. 2. RBF shall prepare a response to up to eight (8) written RFI's. 3. RBF shall prepare record drawings based on the contractor's records. RBF will re - plot mylars and stamp them "Record Drawings". RBF will also resign the mylars. The City shall coordinate resigning of the record drawings for signatures other than those of RBF Employees. The RBF Engineering Project Manager will attend the pre -construction meeting, as well as one additional construction meeting during the course of the work to stay abreast of the work progress and assist in the resolution of any conflicts. Additional Services Services which are not specifically identified herein in Tasks No. 1, 2, or 3, as those which are to be performed by RBF or its' subconsultants are considered "Additional Services" for the purposes of this Agreement. However, RBF is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule, and fee for such Additional Services. In the event RBF performs Additional Services before receipt of such executed amendment, Client acknowledges its obligation to pay for such services at RBF's standard rates, within 30 days of receipt of RBF's invoice. I Page 2 of 3 Exclusions Any work related to the following is specifically excluded from the services proposed herein and, if required, must be contracted for under separate contract or as an addendum to this contract: Construction /Record Survey Services Material Testing Archeological Services Paleontological Services Utility Potholing Right -of -Entry or Agency Permit Processing Hazardous Waste Investigations Traffic Control Management Any other work task not specifically provided for in the Scope of Services Client Responsibilities 1. Provide access to the site. 2. Provide copies of all applicable Plans. 3. Obtain all necessary Right -of -Entry permits from property owners. 4. Acquire all required environmental clearances for the project. 5. Provide all required record drawings and utility information. 6. Process submittals for permit purposes. 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. Exhibit "A" Scope of Services Client Initials cbaauwoppoiom,awa,xeonawmpoeaia A So .Juan C.piswnod...v WiN oe.mwo�zmerzooeazo wp..aoc Page 3 of Exhibit "B" Compensation City of San Juan Capistrano 14" Waterline Creek Crossing at Via Estanaga, CIP 767 RBF shall be compensated for the Scope of Services described herein on a time and materials basis with the following budgets: Staff Category Hourly Rate Hours Budget Project Manager $156 24 $ 3,744 Construction Inspector $ 98 80 7,840 Sub -Total Tasks 1 & 2 $ 11,584 Shop Drawing Review $ 3,720 Requests for Information $ 3,232 Preparation of Record Drawings $ 2,880 Meetings 960 Sub -Total Task 3 $ 10,792 TOTAL BUDGET— TASKS 1, 2, & 3: $ 22,376 Other - Additional Construction Inspection Services: Additional 2 hours per day as allocated in the project specifications Staff Category Hourly Rate Hours Budget Construction Inspector $ 98 20 1,960 TOTAL ALTERNATE BUDGET— TASKS 1, 2, & 3 and Other: $ 24,336 Plus direct cost of all reimbursable expenses with a 15% markup. Progress billings will be forwarded to the Client on a monthly basis for the time and materials spent performing the work, in accordance with the above noted hourly rates, not to exceed the total fee authorized for this project, plus all direct costs advanced by RBF. The Client shall make every reasonable effort to review invoices within (15) working days from the date of receipt of the invoices and notify RBF in writing of any particular item that is alleged to be incorrect. Should the budget amount set for each task reach 80%, the City of San Juan Capistrano and RBF will review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the task is appropriate. The fees proposed herein shall apply until December 31, 2006. Exhibit 'B" Compensation Client Initials . 20 W.... Page i of 1 ocation Map ATTACHMENT 2 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapi,qtrano.org I ADA IO DUE (s1ABUX[A 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 1, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Personal Services Agreement for Construction Management Services - San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) (RBF Consulting, Inc.) (FEMA -DR -1577)" — Item No. D14. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through Correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, July 31, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 949-487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanouancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas cDsanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: RBF Consulting, Inc; John W. Elwell, Interim Public Works Director; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www.sanjuancapistrano.org August 2, 2006 JVAM // Ip[AAAAAAIlA eslxAusxm � 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATi HART JOE SOTO DAVID M. SWERDLIN On August 1, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Personal Services Agreement for Construction Management Services - San Juan Creek Waterline Crossing at Via Estenaga (CIP #752) (RBF Consulting, Inc.) (FEMA -DR -1577)" Item No. D14. The following action was taken at the meeting: Personal Services agreement for construction management services for the San Juan Creek Waterline Crossing at Via Estenaga (CIP No. 753), with RBF Consulting, Inc., in an amount not to exceed $24,336, approved; and the City Manager authorized to execute the agreement. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 949-487-4313 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: RBF Consulting, Inc; John W. Elwell, Interim Public Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: EVne1°I FROM: Christy Swanson, Secretary DATE: October 15, 2006 SITUATION: 1�12ST 1�1o?lcl LvIi(al(:K, On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with RBF Consulting Inc to provide inspection and construction engineering support for the replacement of the San Juan Creek Water Line Crossing at Via Estenaga. ACTION REQUESTED: Said Agreement states services shall be completed by October 1, 2006. On September 19, 2006, said agreement extended to November 1, 2006. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING DATE SIGNED: '**FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 9/15/06 Deadline Date: 10/1/06 (600.30/rbo ►-IQST KbRCk �+Italo� CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: FROM: Christy Swanson, Secretary DATE: September 15, 2006 SITUATION: On August 1, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with RBF Consulting Inc to provide inspection and construction engineering support for the replacement of the San Juan Creek Water Line Crossing at Via Estenaga. ACTION REQUESTED: Said Agreement states services shall be completed by October 1, 2006. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING DATE SIGNED: 'FOR CITY CLERK'S DEPARTMENT USE ONLY' Tickler Date: 9/15/06 Deadline Date: 10/1/06 (600.30/rbo