07-0101_RBF CONSULTING_Personal Services Agreement0
0 10-101840
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this � day of V r
cW- ,X666; by and between the City of San Juan Capistrano (hereinafter ref e
as the "City") and RBF Consulting, (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide Engineering, Building, and Grading Plan Check; Map Check,
Geotechnical Review; and Engineering and Architectural Services; temporary in-house
or field consulting work required by the City; 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 performing and
executing Engineering, Building, and Architectural Services including Building and
Engineering plan check services, consulting, inspection, and other related services as
required. Specific project details will be presented to the consultant, when necessary,
to be accounted for in the deliverables and compensation.
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 be for a period of three (3) years. The City will consider
extending the agreement for up to two additional one (1) year extensions based upon
mutual agreement of the parties.
Section 3. Compensation.
3.1 Amount.
Consultant contract billings may be submitted on the consultant's forms
and, at a minimum, should contain the following:
Title or project(s)
Purchase order number
Total approved purchase order amount
Amount paid to date
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Amount requested
Amount remaining on purchase order
Breakdown of amounts by project type or account number
Total cost to City for Consultant's fees shall not exceed $50,000 per project
proposal for each annual period. The amount stipulated above is not a guarantee by
the City to Consultant that said amount will be received by Consultant. Rather, it
represents the maximum authorization permitted without further Council approval.
Consultant may not, dependent upon availability of projects, receive any work.
3.2 Rate Schedule.
The services shall be billed to the City up to the stipulated amount agreed
to at the hourly rate set forth in Exhibit "A," attached and incorporated herein by
reference, or as agreed to in writing. 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.
The City shall issue purchase orders equal to the anticipated Consultant
fees on a project basis, which shall constitute Consultant's authorization to proceed.
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. These invoices should be submitted to: City of
San Juan Capistrano, Attention: Engineering and Building Department (City Project
Manager), 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
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.
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Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
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 Consultant's
professional services and any use by City of such documents for project(s) not the
subject of this agreement shall be at City's sole risk.
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 reasonable attorneys' fees, for injury or death of any
person or damage to property or interference with use of property arising from the errors
and omissions committed by Consultant 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 provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive General Liability coverage in the following minimum
amounts:
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$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non -owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors
and Omissions Coverage (professional liability coverage) in an amount of not less than
One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
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14.6 Notice of CanceIlation/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: Director of Administrative Services
To Consultant: RBF Consulting
ATTN: Jerome Ruddins
14725 Alton Parkway
Irvine, CA 92618
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
David M. Syerd in, Mayor
CONSULTANT
APPROVED AS TO FORM:
John Sqdw, City Attorney
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RBF CONSUL NG
ome Ruddins, Vice President
City of San Juan Capistrano
As -Needed Construction Management and Inspection Services
HOURLY RATE SCHEDULE
July 6, 2006
OFFICE PERSONNEL
$ / Hr.
SeniorPrincipal.......................................................................................................................
$225.00
Principal.....................................................................................................................................
205.00
ProjectDirector.........................................................................................................................184.00
ProjectManager........................................................................................................................160.00
StructuralEngineer....................................................................................................................160.00
ElectricalEngineer....................................................................................................................134.00
Senior Engineer/Senior Planner................................................................................................141.00
LandscapeArchitect..................................................................................................................130.00
Project Engineer/Project Planner..............................................................................................122.00
Environmental Specialist...........................................................................................................118.00
CorrosionEngineer...................................................................................................................145.00
Design Engineer/Senior Designer/Mapper................................................................................114.00
Designer/Planner .......................................................................................................................
99.00
GISAnalyst................................................................................................................................
95.00
GraphicArtist.............................................................................................................................
84.00
Environmental Analyst/Staff Planner.........................................................................................
84.00
DesignTechnician.. ............................................. _ ... ...
..... .......... ___ ........ ___ ........ 82.00
Assistant Engineer/Planner.......................................................................................................
78.00
Engineering Aid/Planning Aid....................................................................................................
64.00
FIELD PERSONNEL
2 -Person Survey Crew...........................................................................................................
$210.00
1 -Person Survey Crew..............................................................................................................153.00
LicensedSurveyor....................................................................................................................150.00
FieldSupervisor......................................................................................................................145.00
CONSTRUCTION MANAGEMENT PERSONNEL
Construction Manager.............................................................................................................$142.00
Resident Engineer/Project Manager..........................................................................................133.00
ConstructionInspector................................................................................................................95.00
FieldOffice Engineer...................................................................................................................95.00
Construction Technician..............................................................................................................82.00
CMCoordinator...........................................................................................................................80.00
OTHER SERVICES AND FEES
PermitProcessor....................................................................................................................... $99.00
Clerical/Word Processing............................................................................................................54.00
Consultation Relative to Legal Actions......................................................................................350.00
VehicleMileage......................................................................................................................0.50/mile
Note:
Blueprinting, reproduction, messenger service and other direct expenses will be charged as an additional cost plus 15%. A Sub -consultant Management Fee
of fifteen -percent (15%) will be added to the direct cost of all sub -consultant services to provide for the cost of administration, sub -consultant consultation and
insurance.
RBF A>tffifeii7
CarSJI44'tJ
EXHIBIT A
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
WWW.sanit7anCaplstraga. Org,
TRANSMITTAL
TO:
Jerome Ruddins
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
DATE: October 25, 2006
,w IAIAAPoAAIfA
EST Rmsefo � 1961
1776
FROM: Meg Monahan, MMC — City Clerk (949) 443-6308
RE: Personal Services Agreement — Plan Check Services
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDUN
The San Juan Capistrano City Council approved the enclosed referenced Personal Services
Agreement. The term of this agreement begins on January 1, 2007 and extends (3) years with two
possible (1) year extensions.
In order for the agreement to activate on January 1, 2007 the following requirements must be met:
• The Office of the City Clerk must have on file current documentation that you have met the
requirements of Section 14. Insurance; and
• You are providing consultant services to the City on December 31, 2006.
Although you are ultimately responsible to keep your insurance documents current, the City Clerk does
issue reminder notices when insurance documents are due to expire. At that time, documents may be
faxed to ATTENTION CITY CLERK; (949) 493-1053. Should these documents expire, all payment for
services will be withheld until this requirement is met.
If you have questions regarding the agreement, please contact the Project Manager, Jill Thomas,
Management Analyst II, (949) 443-6362. If you have questions concerning insurance documentation,
please contact Maria Morris, Deputy City Clerk (949) 443-6309.
CC: Jill Thomas, Management Analyst II
Nasser Abbaszadeh, Engineering & Building Director
San Juan Capistrano: Preserving the Past to Enhance the Future
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• 10/17/2006
AGENDA REPORT
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TO: Dave Adams, City Manager
FROM: Nasser Abbaszadeh, Director of Engineering and Building
SUBJECT: Consideration of Master Personal Services Agreements for Engineering,
Building, and Architectural Services
RECOMMENDATION
By motion, approve 35 consultant service agreements to perform and execute
Engineering, Building, and Architectural Services including building and engineering
plan check services for a three (3) year term with the option of two (2) one-year
extensions, not to exceed $50,000 per project proposal, per year.
A. Summary and Recommendation
The concept of a master consultant listing of prequalified firms was originally
introduced in 1992 and, to date, has worked very well. It was created as a means to
• improve service delivery for resident and developer plan check, as well as
environmental, traffic studies, inspection services and temporary staffing. The
concept has proven successful, resulting in improved efficiency. Our current
contracts expire on December 31, 2006. Therefore, staff has solicited proposals
and is requesting that 35 firms be recommended for a new three-year contract with
the option of two one-year extensions.
B. Background
1. History
In 1992, City Council approved the concept of creating a plan check consultant
team consisting of a select group of consultants. The team concept creates a long-
term contract with each consultant. The purpose of the team concept is to have
available consultants with pre -approved contracts and insurance in place and ready
to go to work. The team concept allows staff to expeditiously process all consultant
plan checking. In addition, the plan check team agreements required that they
perform their services at a specified percentage of the City's fees. All consultants
agree to a fee not to exceed 65% or 80%, depending upon the type of plan check.
In many instances, the fees are negotiated lower, especially on larger projects.
Upon expiration of the initial five year term, and having had a positive experience
with this concept, the master listing was reviewed, updated, and again brought to
Council for approval in 1997. Design services were added to the listing in 1997, in
addition to plan check services.
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Agenda Report October 17, 2006
Page 2 _
In December 2001, City Council again approved agreements with a selected group
of consultants for plan check and design services. These agreements will expire
December 31, 2006.
2. Selection Process
A Request for Proposals was sent to 46 firms. Many of these firms were on the
pre -approved list, with others added at staff members request. Of the 46 firms, 35
responded with proposals. The proposals included general engineering and
building firms, as well as a number of specialty companies. The specialty
companies include areas such as geotechnical, traffic, building structural, and water
quality services. A review team consisting of the Department Director,
Administrative Assistant, and Engineering and Building Project Managers reviewed
the proposals for the following elements:
• Consistency with the scope of work
• Ability to meet schedules
• Past performance of similar work
• Individual(s) specified to work on projects
• Ability to meet fee requirements
• Qualifications of firm in handling required work
Staff believes that all 35 fines qualify based on the above criteria. As this is a three-
year contract with two one-year extensions, there is no need to narrow the field.
Staff prefers to spread projects among the teams as work becomes available. This
provides more flexibility and allows work to be performed in a more efficient and
timely manner. Attachment 1 provides a list of consultants defined by their area of
expertise.
3. Process
Plan Check Services are to be performed at a not -to -exceed fee based on a fixed
percentage of the City's calculated plan check cost. This eliminates the need to
negotiate fees and allows staff to select a consultant and request they perform the
work at the agreed upon price. No time is wasted with costly proposals, reviews,
and fee negotiations.
Design and miscellaneous services not covered by fee recovery, such as design for
a City capital improvement project, will continue to require that staff solicit proposals
from at least three members of the team. Proposals will then be evaluated and
followed by consultant selection. If the fee exceeds the $50,000 limit established
under the master contract, it will be forwarded to City Council for review and
approval. However, no new personal service agreements will be required, nor will
insurance certifications cause delays, as they will already be in place.
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Agenda Report October 17, 2006
Page 3
• COMMISSION/BOARD REVIEW, RECOMMENDATIONS
N/A
FINANCIAL CONSIDERATIONS
Costs for plan check services will be fully funded from engineering and building fees.
Design services would be funded from approved capital improvement projects. Based on
fees projected to be collected, a budget for consultant services is developed annually to
cover the costs of these contracts.
NOTIFICATION
N/A
RECOMMENDATION
By motion, approve 35 consultant service agreements to perform and execute
Engineering, Building, and Architectural Services including building and engineering
plan check services for a three (3) year term with the option of two (2) one-year
extensions, not to exceed $50,000 per project proposal, per year.
Respectfully Submitted,
Nasser Abbaszadeh, P. E.
Engineering and Building Director
Attachments:
Prepa�rie�de By,
Kassidy Hill
Administrative Assistant
1. Request for Proposal
2. Consultant Firms for Consideration
3. Standard Personal Service Agreement; Original agreements for each firm are available
in the City Clerk's office for review.
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32400 PASEO AOEI-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www santuancaplstrano. org
REQUEST FOR PROPOSAL
for
Professional Consulting Services
to
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATNGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
PERFORM AND EXECUTE ENGINEERING, BUILDING, AND ARCHITECTURAL
SERVICES INCLUDING BUILDING AND ENGINEERING PLAN CHECK SERVICES
GENERAL INFORMATION
It is the intent of the City of San Juan Capistrano, Department of Engineering and
Building, to establish a team of consultants to facilitate procurement of engineering,
building, and architectural services as well as plan check services. The services are
generally described herein and are intended to supplement staffs efforts where specific
expertise is required or time constraints necessitate consultant assistance. From the
proposals, a team of consultants will be selected who best represent expertise across
the various specialty areas. The team will become part of a five-year program in which
the work load may be spread among the team members. Work will be parceled out on
an as -needed basis, and no specific guarantee can be given as to the annual fees
and/or for consultant usage. The services will also include any other temporary in-
house or field consulting work which may be required by the Department.
The consultant team will only be modified in the event consultants are dropped from the
list due to corporate changes or it is deemed by the City that additional consultants are
warranted.
INVITATION TO RESPOND
The City of San Juan Capistrano is soliciting proposals for professional consulting
services. In general, the tasks identified above and delineated herein are to be
performed with minimum direction and assistance from the City.
Inquiries concerning the RFP should be directed to Nasser Abbaszadeh, Engineering
and Building Director, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675;
(949) 443-6398.
ATTACHMENT
San Juan Capistrano: Preserving the Past to Enhance the Future
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Request for Proposal
SUBMISSION OF PROPOSAL
Page 2 of 6
Proposals may by submitted by mail or hand delivered. Proposals should be delivered
to:
Nasser Abbaszadeh, Engineering and Building Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
No later than 3:00 p.m., July 6, 2006. Proposals will not be accepted after this time.
FORM OF PROPOSAL
Consultant shall submit two (2) copies of the proposal. Proposals shall contain the
following:
1. Statement of qualifications clearly indicating the services in which the firm is
interested;
2. Statement/discussion of services provided, including anticipated turnaround times
and ability of firm to handle requests on an as -needed basis;
3. Resumes of key personnel for various service areas;
4. Consultant fee schedules to include hourly rates and flat fees (if any);
5. Completed consultant self rating form included with this request for proposal.
EVALUATION OF PROPOSALS
The City of San Juan Capistrano is interested in selecting consultants who have the
experience and expertise to render plan checking, engineering and architectural
services in a comprehensive and timely manner. Accordingly, the evaluation criteria will
consist primarily of three parts:
1. Consultants' expertise
2. Consultants' experience
3. Consultants' ability to handle volume and meet time demands
It is important to the City that you identify the persons you will assign to various
functions, from which office they are assigned and whether they are full-time employees
Of your firm.
Request for Proposal
Page 3 of 6
You should also address any conflict of interest that may exist and comment on
solutions.
The City of San Juan Capistrano reserves the right to reject any and all proposals.
CONSULTANT'S RESPONSIBILITY
The Consultant shall perform the tasks as set forth herein:
A. Building Services
1. Review construction documents in accordance with the following uniform
model codes as amended by City ordinance:
a. Uniform Building Code - Latest adopted California Building Code
b. Uniform Plumbing Code — Latest adopted California Plumbing Code
c. Uniform Mechanical Code — Latest adopted California Mechanical Code
d. National Electrical Code — Latest adopted Edition
e. California Code of Regulations - Title 24
2. Provide a comprehensive plan review as directed or provide only specified
plan review elements as follows:
a. Structural review and analysis of design and calculations
b. Inspection services
c. Other building services as may be defined
3. Provide geotechnical review and consultation regarding soils reports,
geotechnical issues, features and remediation.
4. Provide building and code enforcement inspection services.
B. Engineering/Architectural Services
1. Review construction documents and subdivision maps in conformance with
the following standards:
a. City of San Juan Capistrano Municipal Code
b. City of San Juan Capistrano and County of Orange applicable design
standards
c. Highway Design Manual
d. Manual on Uniform Traffic Control Devices (MUTCD) — California
Supplement
e. San Diego Regional Water Quality Control Permit
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Request for Proposal Page 4 of 6
• 2. Provide comprehensive plan review or design services as directed for the
following elements:
a. Geotechnical review/design
b. Street improvements
c. Storm drain/hydrology reports/design
d. Traffic/striping improvements
e. Traffic studies
f. Sewer improvements
g. Landscaping improvements
h. Subdivision map checking
i. Structures (i.e., bridges)
j. Inspection and construction management services
k. Pavement analysis
I. Architectural design
m. Drafting
n. Water quality design and review
C. Document Transmittal
Pick up and resubmit plans to the City via the Building and Safety Division or
Engineering Division counter.
• D. Performance Requirements
1. Plan Check Services
Render and remit a typed plan check correction/clarification list (two copies)
to the Engineering and Building Department within 10 working days from
notification by the City.
2. Engineering/Architectural Services
Complete services in a thorough and efficient manner, on time and within the
approved fee schedule.
E. Fee Schedules
1. Engineering Fees
a. Plan Check
Engineering fees will be determined for plan check services based on the
attached fee schedule. The consultant shall bill on an hourly basis, not to
exceed 75% of the total fee, and fees may be negotiated lower if, in the
determination of the City, a lower fee is warranted.
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Request for Proposal
b. Design/Architectural
Page 5 of 6
Services will be negotiated on a project -by -project basis based on a pre -
agreed scope of work. Payment will be as determined by the City project
manager.
2. Building Fees
a. Plan Check
Total plan check at 80% of base plan check fee paid by applicant not
including any surcharges (base plan check fee). Base plan check fee will
be 65% of building permit fee, not including surcharges.
Structural plan check is not to exceed 60% of base plan check fee, not
including any surcharges.
b. Other Services
Services will be negotiated on a project -by -project basis based on a pre -
agreed scope of work. Payment will be as determined by the City project
manager.
F. Maintenance of Records
The consultant will maintain all books, documents, papers, employee time sheets,
accounting records/ledgers and other evidence pertaining to costs incurred and shall
make such materials available at their respective offices at all reasonable times during
the contract period and for three years from the date of final payment for inspection by
the City. The consultant shall furnish copies, if requested.
CITY'S RESPONSIBILITY
The City shall perform the tasks as set forth herein:
A. Establishment of Valuation (Plan Check Services Only)
Assign a valuation to the proposed work in accordance with the appropriate
Engineering or Building Division standards. The City shall collect all fees from the
applicant in connection with the services.
B. Proiect submittals
City will supply all necessary documentation/specifications, reports, studies,
calculations, etc., to Consultant as is readily available at the City.
•
Request for Proposal
C. Coordination
Page 6 of 6
City will serve as project coordinator. On plan checking, the City will be
responsible for notifying the applicant when plans with corrections are available to
pick up. The City will route plans (preliminary/revised) to and from the Consultant.
SELECTION PROCESS
The Selection Committee, comprised of City staff, will review the proposals submitted.
Candidates will be selected based on the proposals submitted, including qualifications
of staff, proposed fee schedules and ability to handle work load in a timely manner.
Sincerely,
Nasser Abbaszadeh, P.E.
Engineering and Building Director
Attachments:
1. Consultant Self -Rating Form
• 2. Engineering and Building Fee Schedule
3. Sample of Personal Services Agreement
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CONSULTANT SELF -RATING FORM
Consultants are asked to rate their expertise in the various fields listed below. The
information will be used by Staff in selecting consultants on specific types of work.
Consultants may rate themselves high on more than one category, but should not rate
the same in more than three categories. Building plan check and Engineering plan
check are considered separate services and should be rated independent of one
another.
Please note if your company is a Disadvantaged Business Enterprise (DBE).
On a scale of 1 to 10, rate yourself with "10" being your strongest area of expertise
and "1" indicating no experience in the field.
BUILDING SERVICES
ENGINEERING SERVICES
Geotechnical Review
Geotechnical Design, Review and
Anal sis
Electrical Review and Analysis
Street Improvements
Mechanical Review and Analysis
Storm Drain Improvements and
H dro ogy Studies
Plumbing Review and Analysis
Traffic Circulation Studies
Energy Calculations
Traffic/Striping Improvements
ADA Provisions
Sewer Facilities Improvements
Inspection Services
Landscaping Improvements
Architectural Services
Grading/NPDES Plans
Subdivision Map Checking
Structures
Inspection Services
Pavement Analysis
Survey
Construction Management Services
Water Quality Design and Review
F1110N
DBE: Yes ❑ No ❑
RATER:
DATE: 2006
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Engineering Fees
Fees
EnqfneerEj Documents and Records
Document and Record Retrieval/Research/Review
$50 per Hour (min Charge of 15
minutes)
GIS Information Requests
As determined by City Engineer
Pi ilal Ortho Photo Imaging
$500 per foot tile (Includes $400
per foot tile plus 2 hour minimum
staff time @ $50 per hour)
Microfilm/Digital Storage
$1.00 per Sheet
Lot Line Adiustment
Submittal and Processing
$1,750
Processing (Due with Map Submittal
-Map
Tract Maps
$800, plus $325 per lot
Parcel Maps
$800, plus $325 per lot
Parcel Maps Duplicate Mylar Deposit
$20 per sheet
Records of Survey
$500, plus $50 per lot
C C & R's
$500
Improvement Plan Processing (Due with Plan/Study
Submittal
Submittal
$1,000
Checking/Review
3% of construction costs
Hydrology/Hydraulic Studies 0-20 acres
$625 Minimum up to 5 Acres
Over 5 Acres ($625 plus $12.50
per additional 0.1 Acre
Hydrology/Hydraulic Studies over 20 Acres)
$2,500 plus $1 per 0.1 Acre over
20 Acres ($6,500 maximum
Sewer Studies 0-20 Acresper
$625 Minimum up to 5 Acres
Over 5 Acres ($625 plus $12.50
additional 0.1 Acre
Sewer Studies Over 20 Acres
$2,500 plus $1 per 0.1 Acre over
20 Acres $6,500 maximum
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Engineering Fees
Fees
Encroachment Permit Fees
Issuance Fee -Applies to All Permits
$52.35
NPDES Permit Fee
10% of total permit with the
exception of ROW Entry, Traffic
Control, and Storage Bin in Right
of Way.
Plan Check Fee
$52.35
Archival/Di ital Record Fee
$1.00 per sheet
Refundable De osit
$500-$2,000
Utility Fees
Sewer/Water/Storm Drain Connection ea
$75
Manhole Facilit ea
$75
Sewer/Water/Storm Drain Lines - up to 24" Diameter
$75 minimum, $0.75 LF
Development Improvement Inspections - Sewer/Water/Storm Drain Lines
over 24"
3.5% of Engineers Estimate
Utility Line Installations Up to 100' LF
$75
Utility Line Installations Over 100' LF
$75 minimum, $0.10/LF
Misc. Street Cut/Potholefrrench
$150 minimum/ $1.00 per sq ft.
Curb/Gutter (LF
$75 minimum up to 150 LF.Ove
$151 LF, $75 plus $0.50/LF
R/R Sidewalk (Sq. Ft.
$75 minimum, up to 150 sq. ft.
Over 150 SF, $75 plus $0.15/sq.
ft.
R/R Driveway- Residential
$125
R/R Driveway -Commercial
$150
Curb Core - ue to 3 cores
$75 minimum
Other Related Encroachment Permit Fees
Haul Route
$75/Da
Right of Way Ent
$150
Equestrian Trail Use
$75/Day plus $100 Notification
Deposit
Traffic Control/Lane Closure not part of another project scope
$50/da
Storage Bin in Right of Way
$50 for a two week period
En ineerin Inspectors Hourly Rate
$78.50
Engineering Inspector's Hourly Rate for Night Work
$115.20
PAEng 8 Bldg\Department\Forms\Engineering Fee - 7-1-06 Update
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•
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Engineering Fees
Fees
Advance Energy Fee for Street Lights (Due Prior to
Plan A royal
Lamp Size 7,000 Lumens
Single - $90 per light, Double
$126.60 per light
Lamp Size 20,000 Lumens
Single $126.20 per light, Double
$187.50 per light
Capistrano Circulation Fee Program for
Residential Dwellings (Due prior to Building
Permitlssuancel
Land Use Category/Unit
Single DUjPrimn _and Secondary)/Dwelling Unit
Fee Per Unit
$7,387
Multiple DU/Dwellingnit
$6,088
Capistrano Circulation Fee Program for
Commercial Units (Due prior to Bldg. Permit
Issuance
Land Use Category/Unit
Fee per Unit
Auto Dealership/Acre
$228,000
Auto Repair/Service/sf of floor area
$3.04
Church/sf of floor area
$3.54
Clinic/sf of floor area
$12.99
Commercial/sf of floor area
$8.51
Elementary/Middle School/student
$170
Equestrian/Stable
$76
Golf Course/Acre
$6,330
High School/student
$520
Hospital/st of floor area
$7.60
Hotel/Room
$3,310
Industrial/sf of floor area
$3.88
Mortuaryisf of floor area
$9.42
Motel/Room
$3,870
Museum/sf of floor area
$5.32
Nursing Home/bed
$2,280
Office/R 8 D/sf of floor area
$6.40
Private School/student
$360
Racquet Club/Health Spa/Court
$15,200
Self Storage/Unit
$150
Service Station/Site
$35,625
Service Station w/Mart/Site
$35,625
Theater/Seat
$680
Special Note:
These are only engineering fees. Other fees may be required by the
Building and Safety Division, the Department of Planning Services, and the
Capistrano Valley Water District.
• P:\Eng 8 Bldg\Department\Forms\Engineering Fee - 7-1-06 Update
Consultants Under Consideration for
Master Personal Services Agreements
Ennineerina and Building Services
Amec Earth & Environment, Inc.
Charles Abbott Associates, Inc.
George G. Boghossian & Associates, Inc.
David H. Lee & Associates, Inc.
Hetherington Engineering, Inc.
IDC Consulting
P & D Consultants, Inc.
Peter & Associates
RBF Associates
Tetra Tech
W illdan
General Engineering
Adams Streeter Civil Engineers, Inc.
AKM Consulting Engineers
Austin -Foust Associates, Inc.
Berryman & Henigar
Darnell & Associates, Inc.
D -Max Engineering, Inc.
Gong Enterprises
Hall and Foreman, Inc.
Hartzog & Crabill, Inc.
J. L. Patterson
KFM Engineering
MBF Consulting, Inc.
Norris-Repke, Inc.
PBS&J
RK Engineering Group
Toal Engineering
VA Consulting, Inc.
Geotechnical Services
Lawson & Associates, Inc.
Petra Geotechnical, Inc.
Traffic Services
Urban Crossroads, Inc.
Landscape Design Services
Ridge Landscaping Architects
RJM Design Group
Robert Clark Graves, Inc.
Building Services Only
Esgil Corporation
ATTACHMENT
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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 <<Consultant>>, (hereinafter referred to as "Consultant').
RECITALS:
WHEREAS, City desires to retain the services of Consultant=regarding the City's
proposal to provide Engineering, Building, and Grading PlamChe ok; Map, Check,
Geotechnical Review; and Engineering and Architectural Services; temporary`'in-house
or field consulting work required by the City; 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 performing and
executing Engineering, Building, and Architectural Services including Building and
• Engineering plan check services, consulting, inspection,
and other related services as
required. Specific project details wil[.tie':presented'to'the consultant, when necessary,
to be accounted for in the deliverables and compensation.
Consultant warrants that all`,ofits services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Terni.
This Agreement shall be for ;a period of three (3) years. The City will consider
extending the agreement for up_to two additional one (1) year extensions based upon
mutual agreement ,of the parties.
Section 3.� Compensation.
3.1 Amount.
Consultant contract billings may be submitted on the consultant's forms
and, at a minimum; should contain the following:
Title or project(s)
Purchase order number
Total approved purchase order amount
Amount paid to date
• 1 ATTACHMENT
Amount requested
Amount remaining on purchase order
Breakdown of amounts by project type or account number
Total cost to City for Consultant's fees shall not exceed $50,000 per project
proposal for each annual period. The amount stipulated above is not a guarantee by
the City to Consultant that said amount will be received by Consultant. Rather, it
represents the maximum authorization permitted without further Council approval.
Consultant may not, dependent upon availability of projects, receive any work.
3.2 Rate Schedule.
The services shall be billed to the City up to the stipulated amount agreed
to at the hourly rate set forth in Exhibit "A," attached and incorporated herein by
reference, or as agreed to in writing. 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.
The City shall issue purchase orders equal to the anticipated Consultant _
fees on a project basis, which shall constitute Consultant's authorization to proceed.
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. These invoices should be submitted to: City of
San Juan Capistrano, Attention: Engineering and Building Department (City Project
Manager), 32400 Paseo Adelanto, San Juan Capistrano, CA 92675.
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.
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• Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
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
performance of the services contemplated by this Agreement. No person having spch
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 provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive General Liability coverage in the following minimum
amounts:
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• $500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non -owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
• If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
•
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors
and Omissions Coverage (professional liability coverage) in an amount of not less than
One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
5
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 alt 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: Director of Administrative Services
To Consultant:
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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 1a. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
•
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John haw, City Attorney
•
CITY OF SAN JUAN CAPISTRANO
By:
David M. Swerdlin, Mayor
CONSULTANT
M