11-1101_RBF CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 11 day
of J , 2011, by and between the City of San Juan Capistrano (hereinafter
referred to as tll e "City") and RBF Consulting (hereinafter referred to as the "Consultant").
RECITALS -
WHEREAS, City desires to retain the services of Consultant to perform topographic
survey, and to prepare plans and cost estimates for five (5) handicap ramp replacements
along Del Obispo Street; 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 the Consultant shall consist of those tasks as
set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 30, 2011.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed Seventeen
Thousand One Hundred and Forty Five Dollars ($17,145) as set forth in Exhibit "B",
attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 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 the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assi nment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to eater 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 the 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.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra 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/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions- of the
work to be performed 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 the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section S.
Time of Essence.
Time is of the essence in the performance of this Agreement.
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Section 9. Compliance with Law• E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at htt://www.uscis.gov, or
access the registration page at https:He-verify.uscis.gov/enroll/. Consultant shall certify its
registration with E -Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
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.
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Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by 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 an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
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 an amount not less than one million dollars per occurrence
($1,000,000.00).
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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 naming City, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
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 City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
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.
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Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party 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: Khoon Tan, P.E.
To Consultant: RBI= Consulting
14725 Alton Parkway
Irvine, CA 92618-2027
Section 17. Attorne s' 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.
ATTEST:
Maria Morris, Citytlerk
(�_`wd�/l - C'UVt(k'&6)'
Omar Sandoal, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
#e Tait) City Manager
CONSULTANT
By: �o sulting
h
EXHIBIT "A"
SCOPE ;
Ramp Review and Design Details
Task 2.2 Topographic Survey
RBF Consulting shall perform a field topographic survey of five sidewalk ramp areas at four
intersections along Del Obispo Street. Topography shall include obtaining locations, elevations
and descriptions of:
® Curb & gutters, sidewalk, and driveways.
• Pavement areas adjacent to the ramps.
• Power poles and signs.
• Trees and major specimen plants, with trunk diameters greater than 0".
® Above ground utilities including valves, pullboxes, meters, and vaults.
.All field topography small be collected electronically for data processing.
Task 2,3 Data Processing and Deliverables
Consultant shall data process all topography in AutoCAD 2007 format. Linestyles will be
conventional. Text annotation will be stored in layers separate from the graphic elements. An
AutoCAD file, layering, linestyle and color specification will be provided, if requested.
The finished topographic map shall include the basis of horizontal and vertical control, North
arrow, date of survey, Crew chief review, notes and details if necessary. Electronically formatted
files can be E-mailed to the Client if requested.
The following notes will appear on the finished Topographic Survey:
Underground Utilities Note:
This Topographic Survey has been conducted in accordance with accepted industry standards.
Unless otherwise indicated, only above ground utility appurtenances were located by Survey
methods. Any underground utilities shown on this Topographic Map have been reproduced from
records supplied by others and have not been verified for line or grade in any way during the
course of this Survey. Other utilities may exist on this site that were not part of the project scope
of work and are, therefore, not shown on this Topographic Map.
Street Centerline and Right of Way Note:
Unless otherwise noted, any street and roadway Centerlines or right of way lines shown on this
topographic map are based solely on Record Maps, Right of Way maps or other documents and
have not been verified in any way during the course of this Topographic Survey.
Right of Way Surveys or Boundary Surveys are not included in the project scope of work
contained herein. If shown, such lines are provided solely for graphic orientation.
Task 2 Deliverables
$ Field survey
$ Processed AutoCAD file of existing surface
TASK 3 PREPARE RAMP CONSTRUCTION DETAILS
K\Projects - CIPICIP 127, 408 And 415\Khoon's Folder\CalTrans Processing\Post Const AssessmenWADA Ramp
ReconstructionlRBF Proposal Materials\Added Ramps SJC 120610.docx
Consultant Initials
Client Initials
CONSULTING
EXHIBIT "A"
Ramp Review and Design Details
Using the survey elevations and considering existing constraints along the join conditions, RBF
will prepare a ramp detail for each of the five locations. The details will be shown on one (1) plan
sheet at a horizontal scale of 1"=10' and will include appropriate construction notes and
references. A separate title sheet will not be necessary and has not been included. It is
assumed that standard PCC sidewalk will be used for the ramps and no special design to include
pavement enhancements such as pavers has been included. Each location will have the existing
utility appurtenances identified and noted for adjustment or relocation. Construction notes will
identify if the utility work is to be completed by the owner or the contractor.
The limits of work are assumed to be limited to the curb return with appropriate transitions to
existing conditions. It is assumed that adjoining sidewalks comply with ADA requirements and
therefore no new sidewalk design has been provided. Existing right of way will be shown on the
plans to identify areas that may require additional easements to be coordinated by and obtained
by the City.
It is assumed that the current surface flow in the gutters at each ramp is adequate and that
improvements to improve the drainage are not required. Replacement of the gutters at the curb
return will attempt to match existing street pavement as near as possible to limit the work within
the street, but modifications to the gutter elevations made be needed to provide an accessible
ramp. Any work extending into the street will be noted for City review and approval. This task
does not include work within the intersecting streets except for the pavement immediately
adjoining the new ramps.
Existing ramps at signalized intersections will require a review of the location of the signal
equipment and poles. It is assumed that modifications to existing signals will not be required and
that protection of existing signal facilities in place only will be necessary. Possible traffic signal
conflicts will be identified and discussed with the City during the design process.
The truncated dome material will be Armor -Tile, charcoal grey color. RBF will refer to standard
ramp plans and will then modify per the details on the plan. No separate specifications will be
prepared for this project. Minimal notes will be provided on the plan sheet to cover materials and
standard plan references. The plan sheet will be prepared on a standard border sheet in
AutoCad format as provided by the City.
Consultant will provide plans at 80% and final levels of completion and one (1) quantity estimate
at the final level of completion. An estimate of the construction cost will be provided at final
design and will provide an estimate of costs per each ramp.
Task 3 Deliverables
$ Ramp replacement plan sheet (1 sheet) with 5 ramp details
Quantity and Cost estimate for each ramp
Scope Assumptions and Exclusions:
Assumptions:
1. City will provide access to the site(s).
H:1Projects - CIPICIP 127,408 And 415\Khoon's Folder\CalTrans ProcessingTost Const AssessmentsiADA Ramp
ReconstruetianlRBF Proposal Materials\Added Ramps 5JC 120610.docx
Consultant Initial
Client Initials
CONSULTING
EXHIBIT "A"
SCOPE OF WOR
M " • a .. 1
Ramp Review and Design Details
2. Landscape and Irrigation replacement plans will be addressed by a note on the plans
that "work will be provided by others" and is not included with this scope of services
and if necessary will be provided by the City or as a result of an additional work
request by the City.
3. It is assumed that the existing street provides for adequate capacity and no
hydrology/hydraulic calculations or new storm drain improvements will be required.
4. No right of way acquisitions will be required for the improvements and if necessary,
will be provided by the City.
5. City will provide all temporary construction easements as necessary.
6. Specifications and technical provisions will be provided by the City.
7. Construction support is not included.
8. Procurement and the selection of the contractor to perform this work will be provided
by the City.
9. Right of Way Surveys, boundary Surveying or the preparation of a Record of Survey
is not included in this Work Task.
10. No Traffic Signal modifications will be necessary.
11. Utility design will be provided by the utility owner.
Exclusions:
1. Geotechnical investigation for the design of the sidewalk pavement and sub -base is
not included in this scope, and the design of the pavement section will be provided by
the City.
Traffic and parking studies are not included in this scope of work but can be added separately, if
required.
H:IProjects - CIPICIP 127, 408 And 4151Khoon's Folder\Can"rans Processing\Post Const AssessmentslADA Ramp
Reconstruction\RBF Proposal MaterialslAdded Ramps 5JC 120610.docx
Consultant Initials
Client Initials
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 433-1171
(3.49) 493-1053 FAX
www.sa??Iuancapisti-ano.org
TO
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618-2027
DATE; January 25, 2011
e i `' �'I ` MEMBERS OF THE CITY COUNCIL
i= SARA ALLEVATO
.iEiOBPflANiEn
LAURA FREESE
01AIII E➢ � I�S LARRY KRAMER
1776 DEREK REEVE
®� j ® JOHN TAYLOR
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
RE; Personal Services Agreement — Topographic Survey, Handicap Replacements along Del
Obispo
Thank you for maintaining documentation confirming compliance with the terms of the
agreement related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Khoon Tan, Associate
Engineer at (949) 443-6353.
An original agreement is enclosed for your records.
Cc. Khoon Tan, Associate Engineer
San .duan Capistrano: Preserving the past to Enhance the Future
0 Printed on 160°/ recycled paper