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01-1221_AMEC EARTH & ENVIRONMENT, INC._Insuranceb 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www. sanjuancapistrano. org December 21, 2001 AMEC Earth & Environment, Inc 1290 N. Hancock St, Suite 102 Anaheim, CA 92807 Dear Sir or Madam: Jwa► Info neATO I:Iuu:Io 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE JOHNS. GELFF COLLE NE CAMPBELL MATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH One December 4, 2001 the City Council of San Juan Capistrano approved a Personal Services Agreement with AMEC Earth & Environment, Inc to provide general engineering & building for a three-year term, with (2) one-year extensions possible, not to exceed $50,000 per project proposal, per year. Prior to initiating work and in order to continue work under this agreement, evidence that all terms under Section 14. Insurance must be current and on file in the City Clerk's office. Our records indicate that we have no evidence on file. Should you begin a consulting assignment, this evidence will be required. Until that time, the original agreement will be held on file. If you have any questions regarding this agreement, please contact Jill Thomas, Management Analyst, at (949) 443-6362. If you have questions related to the evidence required under Section 14, please contact Dawn Schanderl, Deputy City Clerk, (949) 443-6310. Sincerely, Enclosure: Copy of a partially executed agreement cc: Jill Thomas, Management Analyst, William Huber, Engineering and Building Director xwn Schanderl, Deputy City Clerk DRUG USE 1s San Juan Capistrano: Preserving the Past to Enhance the Future AON Certificate of Insurance Aon Reed Stenhouse Inc. To: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 William Huber CO COMPANIES AFFORDING COVERAGE A Zurich Insurance Company B Zurich Insurance Company C 92807-1924 D CO E Zurich American Insurance Company F Commerce & Industry This is to certify that the policies of insurance as listed have been issued to the Insured Named below 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. Limits shown may have been reduced by paid claims. INSURED "This Certificate constitutes a statement of the facts as of the date of issuance AMEC Earth & Environmental, Inc. and are so represented only to the addressee. Other persons relying on this Certificate do so at their own risk" 1290 N. Hancock Street, Suite 102, Anaheim, CA DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS 92807-1924 Job No. 6-212-312600; Geotechnical Consulting - City Hall CO TYPE AND INSURANCE POLICY NO. EFFEMVE EXPIRATION LIMITS A COMPREHENSIVE GENERAL GL03373599 July 31/02 July 31/03 $1,000,000 each occurrence, personal injury, LIABILITY; includes owners and -01 bodily injury and property damage contractors protective, broad form property damage, blanket contractual liability, explosion, collapse & underground (XCUJ) $1,000,000 Aggregate Products -Com / s B AUTOMOBILE LIABILITY, BAP3373600 _ July31/02 July 31/03 $1,000,000 Combined single limit Bodily Any Auto - Hired Autos — Non- -01 Injury / Property Damage Owned Autos C D _ E WORKER'S COMPENSATION WC3504866- July 31/02 July 31/03 Statutory Limits & EMPLOYER'S LIABILITY 01 $1,000,000 Each Accident $1,000,000 DiseasePolicyLimit 51,000,000 Disease-- each Employee F ENGINEERS PROFESSIONAL COPS761966 July 31/02 July 31/03 $SOO,OOC _ any one claim in the aggregate ERRORS & OMISSIONS and 8 (claims made basis) Contractors Pollution Liability IYJMMLNTS Additional Insured Endorsement Attached. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) days •.vritten notice to the Certificate Holder named above, but failure to meet such notice shall impose no obligation or liabi! , of anv kind upon the Company, its agenh or representative, a c n c n M N � - M Err o < �p O Aon Reed Stenhouse Inc. DATE: July 23/02 L cc: Insured J.M. Simpson 2700, 125 - 9 Ave. S.E. • Calgary, Alberta, Canada 772G OP9 r Telepbone (403) 267-7010 • Fax (403) 261-0397 A member of Aon Risk Services Companies, Inc. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: GL03373599-01 ISSUED TO: AMEC Earth & Environmental, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of San Juan Capistrano, the Community Redevelopment Agency, its elected or appointed officers, officials and employees (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. Such insurance as is provided by this policy is primary insurance and no other insurance of the Additional Insured will be called upon to contribute to a loss. Project: Job No. 6-212-312600, Geotechnical Consulting - City Hall CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 Countersigned Authorized Representative RECEIVED AUG 2 2 37 PM 102 `N- T Certificate of Insuransk ,, ` "' Aon Reed Stenhouse Inc. TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Co COMPANIES AFFORDING COVERAGE A Zurich American Insurance Company B Zurich American Insurance Company C 92807-1924 D CO E Zurich American Insurance Company F Commerce & Indus This is to certify that the policies of insurance as listed have been issued to the Insured Named below for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may he issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by raid claims. INSURED "This Certificate constitutes a statement of the facts as of the date of issuance AMEC Earth & Environmental, hw. and are so represented only to the addressee. Other persons relying on this Certificate do so at their own risk." 1290 N. Hancock Street, Suite 102, Anaheim, CA DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 92807-1924 Originally Requested January 2, 2002; All Operations CO TYPE AND CISURANCE POLICY NO. EFFECTIVE EXPIRATION LIMITS A COMPREHENSIVE GENERAL GL03373599 July 31/02 July 31/03 $1,000,000 each occurrence, personal injury, LIABILITY; includes owners and -01 bodily injury and property damage contractors protective, broad form property damage, blanket contractual liability, explosion, collapse & underground (XCU) $1,000,000 ASSregate Products-Comp/Ops B AUTOMOBILE LIABILITY, BAP3373600 July 31/02 July 31/03 $1,000,000 Combined single limit Bodily Any Auto - Hired Autos - Non- '01 Injury / Property Damage Owned Autos C D E WORKER'S COMPENSATION WC3504866- July 31/02 July 31/03 Statutory Limits & EMPLOYER'S LIABILITY 01 $1,000,000 Each Accident $1,000,000 Disease -Policy Limit $1,000,000 Disease - each Employee F ENGINEERS PROFESSIONAL COPS761966 July 31/02 July 31/03 $1,000,000 any one claim in the aggregate ERRORS & OMISSIONS and 8 (claims made basis) Contractors Pollution Liability COMMENTS Additional Insured Endorsement Attached. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) daya ",itten notice to the Certificate Holder named above. but failure .) meet such notice shall impose no ebligaticn or liability of any kind upon the Company, its agents or representatives. DATE: July 23/02 cc: Insured 2700. 125 - 9 Ave. S.E. a Calgary, Alberta, A member of Aon Risk Servicer Companies. Inc. Aon Reed Stenhouse Inc. J.M. Simpson Canada T2G OP9 e Telephone (403) 267-7010 e Fax (403) 261-0897 • COMMERCIAL GENERAL LIABILITY POLICY NUMBER: GL03373599-01 ISSUED TO: AMEC Earth & Environmental, Inc. 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano (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. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury', or "advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving, or failing to prepare to approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and 2. Supervisory, inspection, or engineering services. Such insurance as is provided by this policy is primary insurance and no other insurance of the Additional Insured will be called upon to contribute to a loss. Project: Originally Requested January 2, 2002; All Operations. CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 Countersigned Authorized Representative C1 �OrV Aon Reed eeti Steeni. Reed n house Inc. Certificate of Insurance TO: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 William Huber CO COMPANIES AFFORDING COVERAGE A Zurich American Insurance Company B Zurich American Insurance Company C 92807-1924 D CO E Zurich American Insurance Company F Commerce & Industry This is to certify that the policies of insurance as listed have been issued to the Insured Named below 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. Limits shown my have been reduced by paid claims. INSURED "This Certificate constitutes a statement of the facts as of the date of issuance AMEC Earth & Environmental, Inc. and are so represented only to the addressee. Other persons relying on this Certificate do so at their own risk" 1290 N. Hancock Street, Suite 102, Anaheim, CA DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 92807-1924 Job No. 6-212-312600; Geotechnical Consulting -City Hall CO TYPE AND INSURANCE POLICY NO. EFFECTIVE EXPIRATION LIMITS A COMPREHENSIVE GENERAL GL03373599 July 31/03 July 31/04 SI,000,000 each occurrence, personal injury, LIABILITY; includes owners and -02 bodily injury and property damage, contractors protective, broad form property damage, blanket contractual liability, explosion, collapse & underground (XCU) $1,000,0011 Aggregate Products -Com �O v B AUTOMOBILE LIABILITY, BAP3373600 July 31,'03 July 31/04 $1,000,000 Combined single limit Bodily Any Auto - Hired Autos - Non- -02 Injury / Property Damage Owned Autos C D E WORKER'S COMPENSATION WC3530486 July 31/03 July 31/04 Statutory Limits & EMPLOYER'S LIABILITY 6-02 $1,000,000 Each Accident $1,000,000 Disease -Policy Limit $1,000,000 Disease - each Employee F ENGINEERS PROFESSIONAL COP7619668 July 31/03 July 31/04 $500,000 _ any one claim in the aggregate ERRORS & OMISSIONS and (claims made basis) Contractors Pollution Liability COMMENTS Additional Insured Endorsement Attached. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail thirty (30) days written notice to the Certificate Holder named above, but failure to meet such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. DATE: July 16/03 cc: Insured llAon Reed Stenhouse Inc. 2700, 12S - 9 Ave. • S.E. Calgary, Alberta, Canada T2G 0179 • Telephone (403) 267-7010 • Fax (403) 261-0897 A member of Aon Risk Services Companies, Inc. Certificate of Insurance s Aon Reed Stenhouse Inc. To: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Co COMPANIES AFFORDING COVERAGE A Zurich American Insurance Company B Zurich American Insurance Company C DESCRIPTION OF OPERA TIONS r LOCATIONS'VEHICLES r SPECIAL ITEMS D _ E Zurich American Insurance Company F Commerce & Industry This is to certify that the policies of insurance as listed have been issued to the Insured Named below 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. Limina shown may have been c it,ced by cad claims. -INSURED - This Certificate constitutes a statement of the facts as of the date of issuance AMEC Earth & Environmental, Inc. and are so represented only to the addressee. Other persons relying on this Certificate do so at their own risk" 1290 N. Hancock Street, Suite 102, Anaheim, CA DESCRIPTION OF OPERA TIONS r LOCATIONS'VEHICLES r SPECIAL ITEMS 92807-1924 Originally Requested January 2, 2002; All Operations CO' TYPE AND LNSURANCE POLICY NO. EFFECTIVE EXPIRATION LIMITS A COMPREHENSIVE GENERAL GLO3373599 .oily 31/01 July 31/02 $1,000,000 each occurrence, personal injury, LIABILITY; includes owners and -no bodily injury and property damage contractors protectwe, broad form property damage, blanket contractual liability, explosion, collapse & underground (NCIJ) $1,000,000 Aggregate Products -Com /O s B AUTOMOBILE LIABILITY, BAP3373600 July 31 rut July 31/02 $1,000,000 Combined single limit Bodily Any Auto - Hired Autos - Non- -00 lujury / Property Damage Owned Autos C D E WORKER'S COMPENSATION WC3504806 July 31/01 July 31/02 Statutory Limits & EMPLOYER'S LIABILITY $1,000,000 Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - euch Frapiloyce F ENGINEERS PROFESSIONAL, COPS761966 July 31/01 July 31/02 $1,000,000 any one claim in the aggregate ERRORS & OMISSIONS and 8 (claims made basis) Contractors Pollution Liability t QMMery:s Additia;.a! ins,mxi cnuorses:m Attached. 11-1. .._-. ,.111_-,__. , .. . ... t� a ereof, the issuing company will endeaf& to mail thirty Ich notice shall impose �rQhari on E&bility of any rn o r m rn w rn 3 O Aon Reed Stenhouse Inc. J.M. Simpson 03) 267-7070 • Fax (403) 261-0897 0 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: GL03373599-00 ISSUED TO: AMEC Earth & Environmental, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of San Juan Capistrano (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. The insurance provided to the additional insured does not apply to "bodily injury', "property damage", "personal injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving, or failing to prepare to approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and 2. Supervisory, inspection, or engineering services. Such insurance as is provided by this policy is primary insurance and no other insurance of the Additional Insured will be called upon to contribute to a loss. Project: Originally Requested January 2, 2002; All Operations. CG 20 10 11 85 Copyright Insurance Services Office, Inc., 1984 �o Countersigned Authorized Representative 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into �Q��j 200l, by and between the City of (hereinafter referred to as the "City") and Amec Earth (hereinafter referred to as "Consultant"). RECITALS: 0 this A��'day of San Juan Capistrano & Environment, Inc. WHEREAS; City desires to retain the services of Consultant regarding the City's proposal to provide Engineering/Building Plan Check, Engineering, and Architectural Services; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement by all parties. This Agreement shall be for a three-year (3 -year) period of time with two one- year extensions. Agreement extensions shall be based on staff review of Consultant performance. The Agreement shall terminate December 31, 2007. 1 0 0 Section 3. Compensation. 3.1 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 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. 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 fees will be billed based on the hourly rate schedule in Exhibit B, up to the stipulated amount agreed to either as stipulated by the plan check fee schedule in Exhibit A or as agreed to in writing. 3.2 Method of Payment. Consultant shall submit monthly invoices, clearly indicating the monthly period for which the billing is made. These invoices should be submitted to: City of San Juan Capistrano, Attention: Engineering 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. 2 Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting aril 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 riot contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Chances to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 3 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 performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. rd 0 0 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: $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. 5 0 0 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 using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel 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 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. 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 Engineering and Building To Consultant: Amec Earth & Environment, Inc. 1290 N. Hancock Street, Suite 102 Anaheim, CA 92807 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. • 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO IIi111 CONSULTANT By: Scott T. Kerwin ATTEST: ---Vf jA'Uj 12, v l/k'� tilret R. Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, ity Attorney EXHIBIT A 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjuancapistrano.org • 11bIr1111B ' nwmur � 196) 1776 REQUEST FOR PROPOSAL for Professional Consulting Services to MEMBERS OF THE CITY COUNCIL DANEL. BATHGATE JOHNS GEFF JOHN OREINER WATT HART DAVID M. SWERDUN CITY MANAGER GEORGE SCARBOROUGH PERFORM AND EXECUTE BUILDING AND ENGINEERING PLAN CHECKING, GRADING PLAN CHECKING, REVIEW OF GEOTECHNICAL REPORTS, MAP CHECKING, ENGINEERING AND ARCHITECTURAL SERVICES GENERAL INFORMATION It is the intent of the City of San Juan Capistrano, Department of Engineering & Building, to establish a team of consultants to facilitate both building and engineering plan check, engineering and architectural 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 four-year program in which the work load will 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 for consultant usage. 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 William M. Huber, Engineering & Building Director, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675; (949)443-6336. DRAG USE is San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 Request for Proposal Page 2 SUBMISSION OF PROPOSAL Proposals may by submitted by mail or hand delivered. Proposals should be delivered to: William M. Huber, Engineering & Building Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 no later than 5:00 p.m., September 21, 2001. Proposals will not be accepted after this time. FORM OF PROPOSAL Consultant proposals shall contain the following: 1. Statement of qualifications clearly indicating the services in which the firm is interested; 2. Statement/discussionofservices provided, including anticipated turnaround times and ability of firm to handle requests on an as -needed basis; 3. Resum6s of key personnel for various service areas; 4. Consultant fee schedules, including hourly rates and proposed flat fees; 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 four parts: 1. Consultants' experience 2. Consultants' expertise 3. Consultants' ability to handle volume and meet time frames 4. Consultants' costs 0 0 Request for Proposal Page 3 It is important to the City that you identify the persons you will assign to various functions, at which office they are assigned and whether they are full-time employees of your firm. 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. Nonacceptance of any proposal will not imply criticism , `the proposal orthat any proposed service was deficient. All participating candidates will be notified of the decision reached. CONSULTANT'S RESPONSIBILITY The Consultant shall perform the tasks as set forth herein: A. Building Services Review construction documents in accordance with the following uniform model codes as amended by City ordinance: a. Uniform Building Code -1998 California Building Code b. Uniform Plumbing Code - 1998 California Plumbing Code c. Uniform Mechanical Code - 1998 California Mechanical Code d. National Electrical Code - 1996 Edition e. California Code of Regulations - Title 24 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 soil problems, features or events. B. Engineering/Architectural Services 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 standards d. San Diego Regional Water Quality Control Permit E 9 Request for Proposal Page 4 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 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 & 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 & 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. Request for Proposal Page 5 E. Fee Schedules 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. b. Design/Architectural 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. Request for Proposal Page 6 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. Project submittals City will supply all necessary documentation/specifications, reports, studies, calculations, etc., to Consultant as is readily available at the City. C. Coordination 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 the Engineering & Building Director, Development Services Manager and two Senior Engineers, 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. Very truly yours, William M. Huber Engineering and Building Director WMH:jt Attachments 1. Engineering Fees 2. Consultant Self -Rating Form 3. Sample of Personal Services Agreement 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. On a scale of 1 to 10, rate yourself with "I " being your strongest area of expertise and "l 0" being a competent area of expertise. "N" or no rating will indicate no interest or company expertise in that field. BUILDING SERVICES ENGINEERING SERVICES Geotechnical Review Geotechnical Design, Review & Analysis Electrical Review and Analysis Street Improvements Mechanical Review and Analysis Storm Drain Improvements & Hydrology Studies Plumbing Review and Analysis Traffic Circulation Studies Energy Calculations Traffic/Striping Improvements Handicapped Provisions Sewer Facilities Improvements Inspection Services Landscaping Improvements Grading Plans Subdivision Map Checking Structures Inspection Services Pavement Analysis Survey Drafting Services Water Quality Design and Review FIRM NAME: r DATE: . 2001' • ENGINEERING FEES Enalneerina Documents and Records - Microfilm/Digital Storage' ..................................... $1.00 per sheet - Document and Record Retrieval/Research/Review ................. $40.00 per hour (Minimum Charge - One Hour) - Digital Ortho Photo Imaging ................................... $500 per foot tile (Includes $400 per foot file + 2 hour mim staff time @ $50 per hour) - GIS Information Requests ..................................... As determined by City Enginebr "Each person, firm or corporation shall pay a microfiche ordigital "storage fee for permit applications, plans, specifications, calculations, soils reports, and all pertinent data required to be maintained by,state regulations, per sheet. Lot Line Adjustment - Submittal and Processing ........................ ....... $1,750 May Processing (Due with Map Submittal) - Tract maps' ........................................... $1,000, plus $100 per lot or unit up to 25, plus $50 per lot or unit over 25 - Parcel maps ........................................... $1,000, plus $100 per lottunit - Records of survey ...................................... $500, plus $50 per tot - CC&R's .... ...... I ... I .............................$500 'Duplicate Mylar Deposit ............................................. $20 per sheet Improvement Plan Processing Public improgement plans (Due with Plan Submittal) - Submittal $1,000 - Checking 3% of construction costs - Hydrology/Hydraulic Studies (0-20 Acres) ................... $4.50 per 0.1 acre ($450 min) - Hydrology/Hydraulic Studies (Over 20 Acres) ................ $1,200, plus $1 per 0.1 acre over 20 acres ($4,000 max) - Sewer Studies (0-20 Acres) ............................... $4.50 per 0.1 acre ($450 min) - Sewer Studies (Over 20 Acres) ............................ $1,200, plus $1 per 0.1 acre over 20 acres ($4,000 max) Private Improvement Plan Processing (Due w/Plan Submittal) - Submittal $5oo - Checking 3% of construction costs Map/Plan Processing Administration Includes the preparation and processing of agreements, ......... 3 i,% of improvement costs resolutions, City Council and Commission agenda reports, ($500 min). Payable prior to presentation to commissions/boards, field investigation improvement plan approval) (Does not include advertising & recording fees) Easements (Modification/Processing) ........................ As determined by City Engineer (Does not include advertising & recording fees) ($500 min) Street cut deposit for less than 500 square feet" ............... $5oo to $t 000 Street cut deposit - over 500 square feet" .................... As determined by City Engineer "Refundable Deposit (upon completion of work) Permit Issuance Fee.....................................$40 Engineering Inspection Fee $50 per hour Elevation Certificates (FEMA) .............................. $40 Miscellaneous Fees ..................... ...... ....... ..... As determined by City Engineer Development Inspections (Due Prior to Plan Approval) Improvement costs up to $100,000 .......................... 3 112% of improvement costs, with a minimum of $100 Improvement costs $100,000 and over ....................... $3,500, plus 3% of improve- ment costs over $100,000 1 of 2 Sewer Capacity Fee (Due Prior to Building Permit) - Residential ............................................ $3,165 per unit - Commercial, Industrial, Non -Residential ("See below). ..... ....... $3,165 per 1500 SF of floor .....................................................area or fraction thereof Agricultural Preservation (Due Prior to Building Permit) -Residential ... I........... I ............................$500 per unit - Commercial/Non-Residential................................... $1000 per acre Drainage Area Fees ('see below) L01 ..............................$1170 per acre Sureties and Deposits (Due prior to app, oval of Improvement per acre Agreement or Encroachment Permit Issuance, whichever is applicable) per acre Faithful performance surety per acre (released one year after the notice of completion) ............. 100% of construction costs Labor and material surety per acre (released upon the completion of the project) ................ 100% of construction costs Monumentation surety (released upon the Engineer's certification of work) ........... 100% of monumentation costs Water surety ............................................ As required by Capistrano — Valley Water District Parks & Recreation Fee ('see below) Fee for 49 units or less - Single family detached dwelling units ............................. $4,840 per unit - Attached Units, including duplex, townhomes & apartments........... $4,390 per unit - Mobile Homes $2,877 per unit Fee for 50 units or more (Land dedication may be..... ............... a units x occupancy factor* substituted for fee) ............................................ x 5 acr/1000 occ x $302,500 acr 'Occupancy Factor - Single Family ............................................ 3.2 occtunit - Attached units, including duplex, townhouse & apartments............ 2.9 ocwunit - Mobile Homes ................................ I ........... 1.8 ocdunit Sewer Capacity Fee (Due Prior to Building Permit) - Residential ............................................ $3,165 per unit - Commercial, Industrial, Non -Residential ("See below). ..... ....... $3,165 per 1500 SF of floor .....................................................area or fraction thereof Agricultural Preservation (Due Prior to Building Permit) -Residential ... I........... I ............................$500 per unit - Commercial/Non-Residential................................... $1000 per acre Drainage Area Fees ('see below) L01 ..............................$1170 per acre L02 ............................................$860 per acre L03 ................ I...........................$320 per acre L05 ............................................$170 per acre MO1 ............................................$780 per acre L01S02......$1470 ...................................... per acre Advanced Energy Fee (Street Lights) (Due Paorto Plan Approval) Lamp Size Single Double 7,000 Lumens $90 per light $126.60 per light 20,000 Lumens $126.20 per light $187.50 per light 'Parks & Recreation and Drainage Fees are due prior to Subdivision Map Approval. For properties not requiring maps, these fees are due prior to Building Permit Issuance. "Sewer capacity fees are due prior to Building Permit Issuance for any increase in building size. NOTE: Additional fees may be required by the Building & Safety Division, the Department of Planning Services & the Capistrano Valley Water District. Parks & Recreation, Sewer and Agricultural Preservation Fees are due prior to Building Permit Issuance for all Secondary Dwelling Units Revised 6101; c. IwpvanlwpdocslotherUees 2 oft EXHIBIT B PROPOSAL T- 1'R0 V I D E PR0FES.<.ONnL S01LS 4N 6E0TECHw'F-AL EN G I NE ER i NG SE CITv OF SAN JNAN C A P I S T R A N 0 DEPARJMENT OF BUILDING AND ENGINEERING OVERVIEW OF PROPOSED TEAM QUALIFICATIONS, PROJECT ROLE, AND HOURLY RATE Snot Keeule i DrIr Cr I OA I C*,iM M r—ff / Dmiern \loam.. Dou las Dahncke PE/GEv 14 Geotechnical Engineering Task Leader $ 110 Enrique A. Riutort PE 14 Construction Services and Field/Materials $ 90 Laboratory Testing William Golightly PE 14 Environmental Engineering and Site Remediation $ 125 Task Leader Dou las R. Bell PE/GE 18 Geotechnical Engineer $ 125 Gonzalo Galvan EIT 3 Geotechnical Field Engineer $ 75 Allen Stone ACI 17 SoiVField Technician $ 75 Vincent Ybarra ICBG 18 Deputy Inspector $ 75 NICET, Level III Marla E. Landaverde ACI 18 Materials/Soils Laboratory Technician $ 75 Caltrans Materials Tester Wane Grantham ACI 35 Soils LaboratoryTechnician $ 75 I Sri Mark McLairly RG/CEG 26 Engineering Geol isI $ 125 Dennis Bohme R istration in Pro ress 16 Engineering Geologist $ 75 _ Diane Borkowski R istration In Pro ress 4 Field Geologist $ 75 John Thune ACI 14 Field Technician $ 75 NICET, Level III Caltrans Materials Tester —Jorge Pachas PE 14 Project Engineer $ g0 - Yasser Fahmy, PhD PE 13 Project Engineer _ $ 90 The hourly rates listed above are based on prevailing wage law. The rates are negotiable based on the City's project requirements and the services required. SUBCONTRACTORS Subcontractors typically utilized by geotechnical firms during the course of a project include: drill rig services for subsurface exploration, dozer equipment for trenching or site preparation, and services required for closure of traffic lanes. The companies we propose to utilize to provide those services include the following AI -Roy Drilling, Gallagher Drilling, C&L Drilling Company, and West Hazmat Drilling Corporation. -. 91 124 amGZ.