HomeMy WebLinkAboutRBF CONSULTING (3) - 2002INSURANCE ON FILE . A- 2002 -046
WORK MAY PROCEED
N INSURANCE EXPIRES
AfN OF COUNCIL
DATE: C) -�g-OZ AMENDED AND RESTATED
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this Lar day of R 1 Q L 2002 by
and between RBF Consulting, a California corporation (hereinafter "Consultant "), and the City
of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
engineering to prepare construction documents for the Edinger Avenue widening project
(hereinafter "the Project ").
B. City and Robert Bein, William Frost & Associates entered into an Agreement, dated
March 12, 1998, (hereinafter, "said Agreement"), by which Consultant has provided
construction documents for the Project for compensation of $435,485. Robert Bein,
William Frost & Associates has changed its name to RBF Consulting.
C. On February 8, 2000, the Scope of Services was expanded to include engineering
services from Ritchey to Red Hill Avenue.
D. On September 19, 2000, the Scope of Services was again expanded to include
engineering services from Del Amo to Red Hill Avenue.
E. On October 11, 2001, the parties agreed to provide compensation for Consultant's
furnishing temporary construction easements for parcels affected by the Project.
F. The parties hereto wish to acknowledge said Agreement and incorporate it and the
Amendments into this Restated Agreement
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. RESTATEMENT OF AGREEMENT
The parties hereto agree that said Agreement, and Amendments 1, 2 and 3, thereof shall
be incorporated into this new Restated and Amended Agreement.
2. SCOPE OF SERVICES
In addition to the services performed pursuant to said Agreement, Consultant shall
perform those services as set forth in Exhibit A to this Agreement.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended for services set forth
in Exhibit A shall not exceed $75,331 during the term of this Agreement. The total sum to be
expended for services performed pursuant to said Agreement, Amendments 1, 2 and 3 thereof
and Exhibit A, shall not exceed $554,364, during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2003, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of the Public
Works Agency and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
• •
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self - insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be fiunished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
7. INDEMNIFICATION
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Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
intentional acts or negligent performance of the Consultant or its contractors, subcontractors,
agents, employees, or other persons acting on their behalf which relates to the services described
in section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from the
intentional acts or negligent performance of this Agreement. The Consultant further agrees to
indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs
for special counsel to be selected by the City, regarding any action by a third party asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
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mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to:
and,
Executive Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -5654
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To Consultant:
RBF Consulting
14725 Alton Parkway
Irvine, California 92618 -2027
Telefacsimile (949) 472 -8373
Attn: Gary L. Miller
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty -four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
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other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
La a heedy
Assistant City Attorney
AL
G. ROSS
'e Director of the
Public Works Agency
CITY OF SANTA ANA
F
`L
DAVID N. REAM
City Manager
RBF CONSULTING
GAR3L. ILLER
Vice - President
Employer ID # or Individual SS #
FBF
S i!
CONSULTING
February 19, 2002 JN 10- 034145.001
Mr. Taig Higgings, P.E.
CITY OF SANTA ANA
Public Works Agency
101 W. Fourth Street
P.O. Box 1988
Santa Ana, CA 92702
Subject: AMENDMENT #4 - Revised 2/12/02
Edinger Avenue Widening Project - Segment 1
PLAN REVISIONS
(SR 55 to Red Hill- Segment 1)
Dear Taig:
This amendment is a result of our past conversations, a project team meeting with you and Ron Schultz on
October4, 2001, email to you dated January 12,2001 regarding the anticipated work efforts and subsequent
recent conversations and follow -up meeting at the City of Santa Ana on February 6, 2002. This request is
for additional work required to complete Segment 1 of the Edinger Avenue widening project within the City
of Tustin right -of -way.
These efforts include additional work to revise plans to accommodate construction administration by the City
of Tustin, revisions to the plans as a result of the City of Tustin construction of Edinger Segment 2 in
advance of Segment 1, additionally requested utility potholing and notifications and revisions to plans and
legal description to eliminate the bus pad at the southeast corner of Del Amo and Edinger Avenue. The
original scope of work anticipated that Segment 1 would be constructed in advance of Segment 2 and that
the City of Santa Ana would administer the construction contract.
I am providing a Scope of Work, Exhibit "A" and Compensation, Exhibit "B" to accommodate this additional
effort for your review and approval.
In addition as a result of the extended schedule this contract beyond the originally anticipated completion
date of April 1999 and the new work being requested, RBF is requesting payment of retained fees for the
work previously completed. If you have any questions, please call me.
Si ere+y,
Gary L, Mil r, P.E.
Vice Presi ent
Public Work and Traffic Engineering
PC: Accounting, RBF w /attachments (MS 130)
Bob Kallenbaugh, RBF w /attachments (MS 105)
Ron Schultz, City of Tustin
Steve Huff, RBF
File (R)
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14725 Alton Parkway, Irvine, CA 92618 -2027 ■ P.O. Box 57057. Irvine, CA 926197057 ■ 949.472.3505 • Fax 949.472.8373
Offices located throughout California. Arizona & Nevada • www.RBFoom
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EXHIBIT "A"
SCOPE OF ENGINEERING SERVICES
(AMENDMENT NO.4 Revised 2/12/02)
EDINGER AVENUE WIDENING
SEGMENT I - Del Amo to Red Hill Avenue
The Client and the Consultant, for mutual consideration hereinafter set forth, agree as follows:
A. Consultant agrees to perform the following services:
This additional work will include additional concepts and construction documents to accommodate
work related to the design and preparation of plans to revise plans to accommodate construction
administration by the City of Tustin, revisions to the plans as a result of the City of Tustin
construction of Edinger Segment 2 in advance of Segment 1 and additionally requested utility
potholing and notifications, plan and legal description revisions to eliminate the bus stop at the
southeast corner of Del Amo and Edinger. The original scope of work anticipated that Segment
1 would be constructed in advance of Segment 2 and that the City of Santa Ana would administer
the construction contract.
PHASE 1 FIELD REVIEW
AM4 Task 1 Field Review Existing Conditions
Activities: Consultant will perform one (1) field review meeting with City staff to evaluate the
current. "As Built' conditions resulting from the recent construction of Segment 2.
Information obtained as a result of this review will be incorporated into the revised
plans.
AM4 Task 2 Additional Project Design Team Meetings /Consultation
Activities: Consultant shall attend additional Project Progress Team meetings with Client to
review progress of the work included within this contract. For budgetary purposes
it is anticipated eight (8) additional meetings with the Client will be necessary. These
meetings include three (4) team /progress meetings, two additional (2) meetings with
Caltrans to coordinate the procedures for reviews by Caltrans Project
Development/Permits to facilitate approvals for the Edinger Avenue combined
project and two(2) meetings with utilities owners and City staff to complete the
project. This additional utility coordination is necessary due to the extended time
for completion. The original schedule anticipated project completion by April, 1999.
Due to the additional complexities and delays associated with right -of -way
acquisition it is anticipated that the project completion may be delayed until July,
2002. This task includes the preparation of agendas, meeting notes, and
attendance at each meeting by the project manager and appropriate technical staff.
(assumes 2 persons per meeting)
AM4 Task 3 Additional Utility Notifications /Consultation
Task 3.1 Utility Notifications
Activities: As a result of the extended duration of this project it is anticipated that additional
communication, consultation and updated notifications with the various utility owners
and the City will be necessary as a result of the plan changes.
IN 10- 034145
Compile information in a matrix format to include dates of notification, persons /utility
notified and responses from utility. Copies of this information will be provided to the
City. Notifications will include:
Additional Utility Notifications
Utilities to be notified will include:
• Southern California Edison
• Southern California Gas
• Pacific Bell Telephone /AT &T
• CATV
• Water and Sewer Districts
Task 3.2 Utility Potholing (T &M)
Consultant will provide potholing of utilities on a Time and Materials basis (T &M) for
a maximum of ten (10) locations as necessary based on information received from
utility investigations. The proposed subcontractor to be used for this effort is SAF -r-
DIG. The fees have been provided for budgeting purposes only. It is anticipated
that approximately five (5) potholes per day will be provided. This task assumes
that traffic control will be in accordance with the W.A.T.C.H. handbook and that no
special traffic control plans will be required.
Product: Updated utility locations.
Task 3.3 Survey of Potholed Locations
Additional Survey for locations of utilities exposed by pothole operations, shall be
provided.
Potholing operations shall be provided for a maximum often (10) locations. Pothole
locations and depths will be marked on the pavement surface.
It is assumed that all marks on the pavement surface will show both horizontal
location and depth from surface to the utility. It is also assumed that marks for all
utilities will be placed in advance of performing the survey.
Topography shall be electronically field data collected and detailed on a hard copy
backup and field notes. Survey field notes shall be supplied to the City as a project
Deliverable.
Product. - Field Survey Notes
- Electronic Topographic Base map processed in Micro Station format at a scale
of 1:200
Task 3.4 Utility Pothole and Relocation Deposition Plans (Optional Task)
Consultant will utilize the information obtained from the potholing of utilities and
previously prepared plans to provide Utility Pothole and Relocation Disposition
Plans. Plans will be prepared in Micro Station format and will show the following:
- Location and depth of potholed utilities
JN 10- 034145
- New and existing utilities with owners identified as a result of response received
from utility owners.
Plans will be included with the previously prepared plans for Edinger Avenue.
Product: - Utility Pothole and Relocation Disposition Plans at a scale of 1:200 (Approximately
18 sheets)
PHASE 2 PLANS, ESTIMATES & SPECIFICATIONS
In order to provide for changes to the existing conditions resulting from the
construction of Edinger Avenue Segment 2 (City of Tustin) in advance of Segment
1 (City of Santa Ana), Plans and Specification revisions for the purpose of
construction administration by the City of Tustin requires revisions to various plan
sheets as follows:
It is assumed that the preparation of plans will be in micro station format and that
conversion to AutoCAD will be accordance with the previously approved contract.
AM4 Task 4 Revise Title Sheet, Details and Typical Sections
1. Prepare a new City of Tustin Title Sheet (1 Sheet)
2. Prepare revised Typical Cross sections (1 Sheet)
3. Revise Layout Plans (2 Sheets)
4. Revise Stage Construction Plans (2 Sheets)
5. Revise Pavement Delineation Plans (1 Sheet)
6. Revise Storm Drain Sheet (1 Sheet)
AM4 Task 5 Revised Specifications and Bid Documents
Activities: As a result of our previous experience with the City of Tustin it is anticipated that
revisions to the specification format will be necessary to assure consistency with
the City of Tustin specification format. Consultant will amend the quantities as a
result of the modifications to the plans resulting from the advanced construction of
Segment 2. This task includes translation of previously prepared specifications
from Word Perfect to Word format and revisions to the quantities resulting from the
plan revision described in Task 4. Consultant shall amend the Special Provisions
portion of the Construction Specifications and Contract Documents suitable for
bidding and award of the Contracts to accommodate the new plan revisions. These
special provisions shall be incorporated into the Client's standard construction
document package. Specifications of the project will conform with the most recent
applicable standards and specifications from the following:
a. City of Tustin
b. Standard Specifications for Public Works Construction (Green Book)
C. State of California Standard Specifications and Standard Plans
AM4 Task 6 Revise Legal Descriptions and Plans (Del Amo)
This task provides for revisions to one (1) previously prepared legal description and
exhibits and associated plans to remove the bus stop at Del Amo and Edinger
JN 10- 034145
Avenue. It is our understanding that the new location of the bus stop will be beyond
the limits of Edinger Segment I.
AM4 Task 7 Revise Construction Quantity and Cost Estimate
Activities: Provide engineering services to revise the previously prepared Final Quantity and
Cost Estimates.
AM4 Task 8 Progress Report, Project Management and Project Consultation
Activities: This task includes project management, general project coordination scheduling,
subconsultant coordination and progress reporting.
Consultant shall submit additional progress reports which include progress to date,
identification of problem areas, evaluations, recommendations and steps for the
Project Team to follow resolve problems.
SCHEDULE
The new work required will require an extension of time for completion of the project, and impacts
the original scope of services. For budgetary purposed it is anticipated that this project will be ready
for advertising by May, 2002 assuming an authorization to proceed is received by February 28,
2002. The actual schedule will be determined once the schedule for the project to extend
Newport Avenue has been confirmed. This task also assumes that an encroachment permit has
been received by Caitrans in advance of advertising.
ADDITIONAL SERVICES
Services which are not specifically identified herein as services to be performed by Consultant or
its consultants are considered "Additional Services" for purposes of this Agreement. Client may
request that Consultant perform services which are Additional Services. However, Consultant 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 Consultant performs Additional Services as a result of a written Notice to Proceed from the
City before receipt of an executed amendment, Client acknowledges its obligation to pay for such
services at Consultant's standard rates, within 30 days of receipt of Consultant's invoice.
EXCLUSIONS
Any work relating to the following is specifically excluded from the engineering services proposed
herein and, if required, must be contracted for under separate contract or as an addendum to this
contract:
Project Report Preparation. If a Project Report or documentation other than the previously
submitted encroachment permit application is necessary this service can be provided by
RBF for an additional fee.
Edge Condition Landscape Improvements.
Coordination and Meetings with Adjacent Property Owners. Coordination with adjoining
property owners is specifically excluded from this proposal.
N 10- 034145
Hazardous Waste Investigations. It is assumed that all site assessment/hazardous waste
investigations, if necessary, will be provided by the City under a separate contract to
accommodate the preparation of the Project report,
Private Property Improvements. It is assumed that the design of all private property
improvements will be provided as a result of negotiations for right -of -way with the property
owners and will be provided by RBF for an additional fee if requested by the City.
Pothole Traffic Control Plan. It is assumed that the W.A.T.C.H. handbook will be used and
no special traffic control plans will be required.
Structural Design. It is assumed that retaining or other structures will not be necessary to
construct the new landscape improvements and joins to the existing private property
improvements and if required will be provided as a result of negotiations for right -of -way
with the property owners and can be provided by RBF for an additional fee if requested by
the City.
CLIENT RESPONSIBILITIES
1. Provide access to the site.
2. Construction inspection/management.
3. Obtaining all necessary Right -of -Entry permits from property owners.
4. Acquiring all required environmental clearances for the project.
S. Reproductions for Advertising Bid Documents.
7N 10- 034145
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EXHIBIT "B"
r]
COMPENSATION
EDINGER AVENUE WIDENING PROJECT
(DEL AMO to RED HILL - Segment 1)
AMENDMENT NO.4
TRAFFIC AND PS & E FORMAT REVISIONS
Client agrees to compensate Consultant as follows:
In accordance with and as specified in the originally approved contract the time spent working on
this Project by our staff will be billed on a percentage complete basis in accordance with our
original contract. Reimbursement for reproduction will be based on actual costs.
AMENDMENT NO.4 TASKS
BUDGETARY
TASK T &M
NO. TASK DESCRIPTION ESTIMATED FEI
AMENDMENT 4 SERVICES
AM4 -1
FIELD REVIEW EXISTING CONDITIONS
$977
AM4 -2
ADDITIONAL PROJECT TEAM
$4,787
MEETINGS /CONSULTATIONS (8 Meetings)
AM4 -3
ADDITIONAL UTILITY NOTIFICATION/CONSULTATION
3.1 Notification
$1,295
3.2 Potholing (T &MBudgetary) 10 potholes (1) (2)
$14,167
3.3 Survey of Potholed Locations
$5,300
3.4 Utility Pothole & Relocation Disposition Plans
$13,546
(Optional Task)
AM4 -4
REVISE TITLE SHEET AND TYPICAL SECTIONS
$9,792
(8 Sheets)
AM4 -5
REVISE LEGAL DESCRIPTION AND PLANS (Del Amo)
$1,883
4M4.6
REVISE SPECIFICATIONS
$3,906
AM4 -7
REVISE QUANTITY & COST ESTIMATES
$1,528
AM4.8
PROGRESS REPORT, PROJECT MANAGEMENT,
$6,414
SUBCONSULTANT MANAGEMENT & CONSULTATION
TOTAL PROFESSIONAL FEES AMENDMENT NO.4
$63,595
Additional Reimbursable Expenses (3)
$6,500
TOTAL FEES REQUESTED AMENDMENT NO.4
$70,095
Note:
(1) Potholing to be provided on a Time and Materials basis. Budgetary costs include potholing,
traffic control and mobilization and assumes 2 days for potholing activities.
(2) Saf R Dig - Potholing Subcontractor
(3) Budgetary reimbursable costs for potholing includes special inspection, permit fees, and bonds.
JN 10- 034145
FA
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
CERTIFICATE OF LIABILITY
INSURANCE
DATE
sACORQM
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSq - - -, - -_ -- - — I POLICY EFFECTIVE - 'POLICY EXPIRATION -- -- -- -_- - -
PRODUCER
- �' rJ��r
A GENERAL LIABILITY I.PG30500D409203 11130103 ,111311
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
FIRE DAMAGE (Anyone tire) $1,000,000
CLAIMS MADE ' X I OCCUR INDP, CONTRACTORS
ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PERSONAL & ADV INJURY $1,000,-000
X BFPD, XCU, OCP -. _
GENERAL AGGREGATE $21000,000
HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P. O. Box 10550
J-(9 Cad _ U 4�
B AUTOMOBILE LIABILITY 57UENTLO126 111/30/03 111130/04
ALTER
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711 -0550
4 10C, - 0 ��
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY URY
714427.681.0
) I
X HIRED AUTOS.. I
11
INSURERS AFFORDING COVERAGE
INSURED
(Per accident) -
INSURER A'
Travelers Indemnity CO of Illinois
REF Consulting 1 INSURER B. Hartford Fire Ins. Co.
PO Box 57057 INSURER Fireman's Fund Insurance Co. _
Irvine, CA 92619 -7057 INSURER D: Underwriters at Lloyd's London
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSq - - -, - -_ -- - — I POLICY EFFECTIVE - 'POLICY EXPIRATION -- -- -- -_- - -
LTR TYPE OF INSURANCE POLICY NUMBEq PATE MM /DD/VY DATE MM /DD/YY
LIMITS
A GENERAL LIABILITY I.PG30500D409203 11130103 ,111311
1 EACH OCCURRENCE Sip)%000
X COMMERCIAL GENERAL LIABILITY '
FIRE DAMAGE (Anyone tire) $1,000,000
CLAIMS MADE ' X I OCCUR INDP, CONTRACTORS
MED EXP(Any one Person) 1$5,000
X CONTRACTUAL _ INCLUDED.
PERSONAL & ADV INJURY $1,000,-000
X BFPD, XCU, OCP -. _
GENERAL AGGREGATE $21000,000
GEN L AGGREGATE LIMITAPPLIES PER
PRODUCTS COMP /OP AGO 52r 000,000
�._ -_
POLICY � JECT X LOC
-. _-
B AUTOMOBILE LIABILITY 57UENTLO126 111/30/03 111130/04
COMBINED SINGLE LIMIT '$1,000,000
X ANY AUTO
�..
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY URY
SCHEDULED AUTOS
) I
X HIRED AUTOS.. I
11
BODILY INJURY $
X NON -OWNED AUTOS �r
(Per accident) -
I
-• ��. // -
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY -I
AUTO ONLY EA ACCIDENT
$
ANY AUTO
- -_.I.
OTHER THAN EA ACC$
AUTO ONLY: AGG
1$
C EXCESS LIABILITY XSM00097333165 11/30/03 11/30104
EACH OCCURRENCE $10,000 000
X', OCCUR I CLAIMS MADE
AGGREGATE $10:000,000
PROFESSIONAL
$
DEDUCTIBLE LIABILITY IS
F- is
RETENTION $ EXCLUDED. 1
S
- ----- - --..— ..— .— T—
WCnF.ERSCOMPENSATIONAND
• ----�-
WC LIMITS 01 ER
TORY LIMITS _i_ER
I - 1
EMPLOYERS'LIABILITV
E.L. EACH ACCIDENT i, $
E.L. DISEASE - EA EMPLOYEE $
E L. DISEASE POLICY LIMIT I $
D OTHER Professional P1039400 11130103 11130/04
$1,000,000 Per Claim
(Liability 1.
$2,000,000 Annl Aggr.
DESCRIPTION OF OPERATIONSILOCATIONS EHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services.
Re: JN 10- 103090, On -call Services
(See Attached Descriptions)
City of Santa Ana
Public Works Agency,Att: Zed Kekula
20 Civic Center Plaza
Mail Station 43
Santa Ana, CA 92701
ACORD 25 -S (7/97)1 of 2 #M81822
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL XI(kiiiii A1rXTP MAIL 30 -. _.. DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, B)D([ApX>6AxInQiQJ$AAE(CS7LXX
0 ACORD CORPORATION 1988
POLICY NUMBER: P63050OD409203 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person. or Organization:
City of Santa Ana
Public Works Agency,Att: Zed Kekula
20 Civic Center Plaza
Mail Station 43
Santa Ana, CA 92701
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of "your work' for that insured by or for you.
Additional Insured Continued: And its officers and employees
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
313
CG 20 10 11 85
Clerk of the Council
TNi) AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Clerk of the Council Office (M -30).
Call 647 -5237 if you have any questions.
The agreement with RBF Consulting
No. A- 2002 -046 and A- 2003 -085
and final payment has been made.
Revised 07 -23-07
c�
was completed on r�"--"�
06 -30 -2004
Department: Design Engineerin 6 - PWA "Q
Phone /Ext.: 5664
Jason Gabne
Signature:
Date: �c3
t