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
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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.
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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
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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.
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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.
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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
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
John R. S I
aw, City Attorney
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CITY OF SAN JUAN CAPISTRANO
By: -7- c1.&u. ' -
Dave Adams, City Manager
RBF Consulting, Inc.
V t vNJ^ V1
Michael Rudinica, Principal
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June 27, 2006
CONSULTING
Mr, Joe Mankawich
Water Project Manager
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
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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"
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Exhibit "A"
Scope of Services
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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.
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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.
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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
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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
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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:
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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•
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