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05-0426_COUNTY HYDRANT & VALVE SERVICE_Personal Services Agreementf 0 0 PERSONAL SERVICES AGREEMENT THI AGREEMENT is made and entered into this day of , 2005, by and between the City of San Juan Capistrano (hereinafter of rred to as the "City") and County Hydrant & Valve Service, (hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor to exercise valves and hydrants as part of the City's valve and hydrant exercise maintenance program within the City of San Juan Capistrano. WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," Scope of Work, attached and incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed within sixty (60) days. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services shall be billed as set forth in Exhibit "B", Contractor's Job Proposal, attached and incorporated herein by reference. ATTACHMENT SD 3.2 Rate Schedule. The services shall be billed to the City at the rate set forth in Exhibit "B," Contractor's Job Proposal, attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment, Contractor shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. Page 2 Section 6l --Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Contractor 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 Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor 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 Contractor. Section 11. Copies of Work Product. At the completion of the contract period, Contractor shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Contractor'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. Page 3 r • • Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor 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 Contractor's professional services. Section 13. Indemnity. Contractor 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 Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor 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, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: Page 4 $500,000 property damage; 0 $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 Contractor intends to employ employees to perform services under this Agreement, Contractor 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, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Not applicable. 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. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Page 5 0 0 Section 15. Termination. City and Contractor shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn.: Public Works Director To Contractor: County Hydrant & Valve Service P.O. Box 3016 Mission Viejo, CA 92690 Attn.: Mr. Ken Ibsen 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. Page 6 9 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: AIIA J.17. John R. Shaw, City Attomey� Page 7 CITY OF SAN JUAN CAPISTRANO By: �vtf Wy Hart, Mayor COUNTY HYDRANT & VALVE SERVICE By: City of San Juan Capistrano — Water Division Scope of Work Valve and Hydrant Exercise Program Project area consists of all defined main streets within the City of San Juan Capistrano. There are as many as 1500 valves that need to be exercised, including distribution and hydrant isolation valves. The valves are located on residential streets that can be worked on during the day. Therefore, night work is not necessary for this project. Exercise Program: • Remove valve lid, vacuum clean valve can, operate valve completely from open to closed position, replace lid, and paint lid color as defined by the Water Distribution Supervisor. • Operate valve in a complete cycle and record number of turns to close. • Measure depth from street level to top of valve operating nut. • All closed valves need to be identified, defined, and mapped for reports in PDF and shape file formats. • For normally closed valves: All closed valves are labeled as "CLS' in the atlas maps. Do not exercise these valves. Some lids are painted red and have a PVC riser with a red cap on them. If a closed valve is located, notify the Water Distribution Supervisor to confirm whether or not the valve should remain closed, or if it can be exercised and left open. • Paint V -marker on adjacent curb: paint it blue for "domestic" and purple for "non- domestic". • Paint valve lid yellow for "domestic" and purple for "non domestic". All hydrant valves will be painted both blue and yellow. • Record problems with valve or fire hydrant operation. • Record GPS location of valve and fire hydrant based on NAD83, California State Plane Zone IV. • Hydrant isolation valves need to be closed to confirm they are isolation valves. After isolation valves are closed, all hydrant ports need to be opened and flushed only to remove water in the lateral. Finally, ports are to be closed and isolation valves opened. Any out -of -service hydrants need to be bagged and reported to EXHIBIT "A" 0 0 the Water Distribution Supervisor the same day. Reports must be forwarded via e-mail the following day. Reports shall include map and address location in PDF format in e-mail. • All valves operated must be sub -meter GPS surveyed with differential accuracy included. These will be included in database report and in map format. • Each day, a report must be either faxed or e-mailed to the Water Distribution Supervisor defining the area that was worked on that day. In addition, a report also needs to be faxed or e-mailed to the Water Distribution Supervisor defining the area of work for the following day. • Updates outlining the progress of the project shall be forwarded to the Water Distribution Supervisor on a weekly basis. • Final reports will contain a database of work completed with operational status, valve function, and any problems found. This database will be in dbf format and will work together with map shape files (Shape files as Arc View shape file format with file registered to California State Plane Coordinate System Zone 6, 1983.) for incorporation of existing mapping system used within the City of San Juan Capistrano. Both database and maps must be printed and saved on CDs for future use. Contractor must have current California contractor's license in good standing with the state and must be able to supply proof of insurance, including Errors & Omissions coverage. All lead crew personnel must have current Class 2 Distribution certification from the California, Department of Health Services. • All work must be completed by Thursday, June 30, 2005. r r 0 0 PROPOSAL VALVE AND HYDRANT EXERCISE PROGRAM From: To the Honorable City Council City of San Juan Capistrano Ian f o� l%a /de S'Pr di Ge The undersigned, as proposer, declares that he has carefully examined the proposed work as described, examined the Scope of Work, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Scope of Work. VALVE AND HYDRANT EXERCISE PROGRAM — FY 2004/2005 Approximate Number of Price Per Valve/Hydrant to Valves/Hydrants to be be Exercised Exercised O. Sf..%wf on its c ,7,1, n e 1000-1500 $ Ny r, w�f r!/alu� �29.So Cocom A/ya-�/ rt- Company Name z ZOO✓ Date Signature of Bidder EXHIBIT "B" COUNTY HYDRANT & VAL • SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano Water Division Valve Service Plan Fiscal 2004-2005 The following services will be performed at a rate of $22.00 per valve and is not size dependent. Plug valves will have an additional $8.00 charge. Valve Service Procedures are as follows: • Vacuum valve can as necessary • Exercise distribution valve • Record valve number • Record number of turns • Record depth of valve nut • Record valve size if listed in water atlas • Paint valve can lid. • Replace missing or damaged can lids. Valves will be exercised and left in a 1 '/2 - 2 turns down position. If excessive packing gland leakage occurs the valve will be left in a locked open position. Non -geared 1/4 turn plug valves will be left in a full open position. Plug Valves will be lubed in full open and full closed positions. Work Orders: Work orders for all valves that need additional minor maintenance will be submitted with invoices and work performed documentation. Non-functioning valves will be reported and have work orders issued on a daily basis. Work orders will be generated to the City of San Juan Capistrano - Water Division for the following conditions: • Street valve high/low. • Street valve frozen. • Street valve broken open. • Street valve broken closed. • Street valve rounded or missing nut. • Street valve bonnet or packing leaks. • Street valve UTL (unable to locate). • Street valve buried or asphalted. • Valves found in the closed position COU • HYDRANT & VAL • SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Valve Service Plan March 9, 2005 Page 2 of 3 Color coding: Valve can lids: • Yellow= Domestic valves exercised. • Purple= Non-domestic valves. Curbs: Paint "V" on adjacent curb. Blue= Domestic Valves Purple=Non -domestic Exclusions: It is understood that the Water Division does not want CHVS to exercise valves listed below: • Zone interties. • Valves into/out of pump stations. • Valves into/out of PRS stations. • Valves into/out of reservoirs. • Closed valves other than blow -off valves. • Valves labeled as "CLS" in the atlas. • Valve cans that have red painted lids and or red PVC risers with a red cap on them Exercising of these valves will be only with approval on a case by case basis. Valves will be exercised by hand or with hand held powered valve keys. Frozen or tight valves requiring truck mounted valve machines will be noted on paperwork for future scheduling or advisement. Database: A database is to be compiled that documents the work performed and information gathered such as depth to nut, number of turns, valve function and any deficiencies noted. Traffic control: Valves are in residential areas and are not expected to require large amounts of traffic control. Major intersections and roadways may require joint traffic control of the City of San Juan Capistrano - Water Division & CHVS. COU • HYDRANT & VAL • SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Valve Service Plan March 9, 2005 Page 3 of 3 Documentation: Record GPS location of valve and hydrant with real time differential correction, based on Nad83, California State Plane Zone IV. GPS Units are to have a minimum 12 Channel Receiver and sub -meter accuracy with real time differential correction capability. Reporting: • Daily: E-mail, fax or hand deliver reports to the Water Distribution Supervisor or other assigned personnel, Defining the area worked that day and the proposed area of work for the following day. In addition out of service valves including map and address location in pdf format will also be submitted. On approval copies of the water atlas indicating the out of service unit may be substituted. • Weekly: Updates outlining the progress of the project shall be forwarded to the Water Distribution Supervisor. • Final: Database and maps must be printed and saved on CDs and submitted to the Water Distribution Supervisor upon project completion. Database is to be in dbf format. Maps are to be in shape files format registered to California State Plane Coordinate System Zone 6, 1983. NOTE- Rate quoted for valve exercising is for the average distribution system valve and is not size dependent. Exercising of valves in vaults are not included in this pricing. For the duration of this work County Hydrant & Valve Service personnel will not operate valves in Permit Required Confined Spaces. Items Not Included: • Sawcutting or Below Grade work. • Exposing asphalted or buried valves • Traffic Control on high volume streets and intersections. The City of San Juan Capistrano - Water Division will provide CHVS with a location to dispose of materials associated with this work. Valve Can Lids will be provide by the City of San Juan Capistrano - Water Division. Certificates: American Water Works Association Water Distribution Operator Grade II #05769 State of California Department of Health Services Water Distribution Operator Grade D-3 #5769 State of California Department of Health Services Water Treatment Operator Grade I #14775 County Hydrant & Valve Service is not a California licensed contractor. COUNTY HYDRANT & VAL• SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano Water Division Fire Hydrant Service Plan Fiscal 2004-2005 The following services will be performed at a rate of $29.50 per fire hydrant and is not size dependent. Hydrant Inspection: Hydrants will be visually inspected prior to flushing for casing cracks, loose/ missing caps, operating nuts. All ports will be checked for frozen caps. Cast or metal caps will be lubricated. Plastic and brass caps are not to be lubed. Wet barrel hydrants will have all ports internally inspected after the hydrant pressure has been bled off. Dry barrel hydrants will have a static pressure taken. The purpose of the pressure read is pressurize the hydrant to assure the fire hydrant bury below grade has not been damaged or leaks. Missing caps, chains, operating nuts will be documented. County Hydrant & Valve Service can replace missing caps at no additional charge if the Water Division requests it. James Jones Hydrants: James Jones hydrants with disc assemblies manufactured during the period 1996-1997 and installed in hydrants from mid 1996-1998 will be documented. James Jones Company offers disc upgrades (replacements) for fire hydrants manufactured during this period. The disc upgrades are supplied at no cost to the water district. Hydrant Trimming: Hydrants will be trimmed / dug out to provide access to perform the inspection and flush. If the Water Division has a specific distance that hydrant wrench swing is to be maintained or that vegetation is to be cut back, these distances can usually be incorporated into this plan. Large or major trims are not included. De -chlorination: Although water amounts for this project are minimal. Water flushed from the fire hydrants will be de -chlorinated and where practical efforts will be made to keep street debris from entering storm drains. COUNTY HYDRANT & VALVE SERVICE P.O. BOX 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 2 of 6 Flushina: Flushing — For the duration of this service plan "Flushing" is defined as flushing of the fire hydrant service lateral until the water runs clear. It is intended to clean out the stagnant water in the hydrant & lateral. It is not intended to be a "System or Main Cleaning" flush. County Hydrant & Valve Service have been instructed to keep water volumes low enough as to not stir up the water main. The following procedure will be used for flushing the hydrant and valve exercising. Dry barrel hydrant bury check, pressurize hydrant and take a static pressure read. Then... 1. Close fire hydrant isolation valve. 2. Remove and lube fire hydrant port caps. 3. Dry barrel hydrants- open internal valve completely. Wet barrel hydrants- open all ports and apply lubricant to stems. Visually inspect all rubber discs. Close all ports except the main 4" port. 4. Open fire hydrant isolation valve until desired flow is achieved 5. Flush hydrant until water is clear. 6. Close/Shut fire hydrant. 7. Replace outlet cap. 8. Open fire hydrant isolation valve. Leave valve turned 1 '/2 - 2 turns down. Hydrant Labels: A Hydrant Label measuring 2"x 3.66" with a yellow reflective background and black font matching the label attached will be included in this maintenance plan. Wording of the label can be changed if the Water Division desires. COUNTY HYDRANT & VALVE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 3 of 6 Fire Hydrant Isolation Valve Service Procedures are as follows: • Vacuum valve can as necessary • Exercise distribution valve • Record valve number • Record number of turns • Record depth of valve nut • Record valve size if listed in water atlas • Paint valve can lid. • Replace missing or damaged can lids. Valves will be exercised and left in a 1 '/2 - 2 turns down position. If excessive packing gland leakage occurs the valve will be left in a locked open position. Non -geared 1/4 turn plug valves will be left in a full open position. Plug Valves will be lubed in full open and full closed positions. Work Orders: Work orders for all valves that need additional minor maintenance will be submitted with invoices and work performed documentation. Non-functioning valves will be reported and have work orders issued on a daily basis. Work orders will be generated to the City of San Juan Capistrano - Water Division for the following conditions: • Street valve high/low. • Street valve frozen. • Street valve broken open. • Street valve broken closed. • Street valve rounded or missing nut. • Street valve bonnet or packing leaks. • Street valve UTL (unable to locate). • Street valve buried or asphalted. • Valves found in the closed position COUNTY HYDRANT & VAL • SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-5322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 4 of 6 Color coding: Valve can lids: • Yellow = Domestic valves exercised. • Purple = Non-domestic valves. • Yellow & Blue = Hydrant Valves Curbs: Paint "V" on adjacent curb. Blue = Domestic Valves Purple = Non -domestic Exclusions: It is understood that the Water Division does not want CHVS to exercise valves listed below: • Valve cans that have red painted lids and or red PVC risers with a red cap on them Exercising of these valves will be only with approval on a case by case basis. Valves will be exercised by hand or with hand held powered valve keys. Frozen or tight valves requiring truck mounted valve machines will be noted on paperwork for future scheduling or advisement. Database: A database is to be compiled that documents the work performed and information gathered such as depth to nut, number of turns, valve function and any deficiencies noted. Traffic control: Valves are in residential areas and are not expected to require large amounts of traffic control. Major intersections and roadways may require joint traffic control of the City of San Juan Capistrano - Water Division & CHVS. COUNTY HYDRANT & VALUE SERVICE P.O. BOX 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 5 of 6 Documentation: Record GPS location of valve and hydrant with real time differential correction, based on Nad83, California State Plane Zone IV. GPS Units are to have a minimum 12 Channel Receiver and sub -meter accuracy with real time differential correction capability. Reporting: • Daily: E-mail, fax or hand deliver reports to the Water Distribution Supervisor or other assigned personnel, defining the area worked that day and the proposed area of work for the following day. In addition out of service hydrants or valves including map and address location in pdf format will also be submitted. On approval copies of the water atlas indicating the out of service unit may be substituted. • Weekly: Updates outlining the progress of the project shall be forwarded to the Water Distribution Supervisor. • Final: Database and maps must be printed and saved on CDs and submitted to the Water Distribution Supervisor upon project completion. Database is to be in dbf format. Maps are to be in shape files format registered to California State Plane Coordinate System Zone 6, 1983. COUNTY HYDRANT & VALUE SERVICE P.O. BOX 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 6 of 6 Items Not Included: • Sawcutting or Below Grade work. • Exposing asphalted or buried valves • Traffic Control on high volume streets and intersections. The City of San Juan Capistrano - Water Division will provide CHVS with a location to dispose of materials associated with this work. Valve Can Lids will be provide by the City of San Juan Capistrano - Water Division. In order to assure compliance with City of San Juan Capistrano - Water Division approved materials the Water Division will be responsible for furnishing County Hydrant & Valve Service with all replacement parts and materials for the Fire Hydrant Service Plan. This may include, but not be limited to hydrants, hydrant caps, bolts, flange adapters, paints, primers, gaskets, 0 -rings, chains, valve can lids and thread lubricants. County Hydrant & Valve Service provides a professional and skilled service. With nineteen years of experience in the water field and with the documented flushing of thousands of hydrants, Orange County Hydrant & Valve Service believes the methods employed are safe and reliable. Although we cannot predict hydrants that will slam or cavitate, there are times we can anticipate a hydrant may do so and will vary our flushing method in an attempt to prevent it. As a professional service provider OCHVS will accept responsibility for damages that occur as a result of its actions. OCHVS is not responsible for failure of appurtenances when a hydrant slams or cavitates or valves break. OCHVS maintains $1,000,000.00 General Liability and $1,000,000.00 Vehicle coverage at all times. Certificates: American Water Works Association Water Distribution Operator Grade II #05769 State of California Department of Health Services Water Distribution Operator Grade D-3 #5769 State of California Department of Health Services Water Treatment Operator Grade I # 14775 County Hydrant & Valve Service is not a California licensed contractor. • Page 1 of 1 Mitzi Ortiz From: Kathleen Springer Sent: Monday, July 11, 2005 7:33 AM To: Mitzi Ortiz Subject: RE: Agreement Status Yes. It is complete. -----Original Message ----- From: Mitzi Ortiz Sent: Friday, July 08, 2005 10:48 AM To: Kathleen Springer Subject: Agreement Status Hi Kathleen, Can you please confirm whether the PSA with County Hydrant & Valve Service is complete? Thanks! Mitzi 7/12/2005 i I',i JUN - 1 2005 CITY CLERK'S DEPARTMENT - ACTION REMIN�It TO`% Kathleen Springer, Management Analyst I Mitzi Ortiz, Deputy City Clerk 77/7 SITUATION: PUBLIC''1'0°�'s DATE: June 1, 2005 At their meeting on April 5, 2005 the City Council of the City of San Juan Capistrano approved a Personal Services Agreement with County Hydrant & Valve Service to exercise valves and hydrants. The effective date of the agreement is April 26, 2005. ACTION REQUESTED: Said Agreement states services shall be completed within (60) days or by June 25, 2005. Please notify this office if agreement has been extended or completed. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: ( - r, v 5— ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/05 Deadline Date: 06/25/05 cc: Department Head (600.301county hydrant) IG 1o5 i /11111 MERCURY CASUALTY COMPANY NICE OF REINSTATEMENT EFFECTIVE: 07/12/2005 12:01AM Policy Number NAMED INSURED: AC 1104108 9 11 KEN IBSEN PRODUCER DBA: COUNTY MUNICIPAL SERVICES & COUNTY PHD INS. BROKERS, INC. 2862 HYDRANT & VALVE SERVICE (714) 534-6310 MAILED TO: CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELENTO SAN JUAN CAPISTRANO CA 92675 CONDITION: If your policy was previously cancelled for non payment of premium, reinstatement is effective only if your check or money order is honored when first presented. Brea, California Mailed From UC -38 1/1994 LIEN HOLDER, ADDITIONAL INSURED AND CERTIFICATE HOLDER COPY CA Z Gn n Z { pp C" C rn v 'P z o 07/19/2005 Date Mailed /11111 MERCURY CASUALTY COMPANY NOTICOF CANCELLATION WILL TERMINATE 07/12/2005 12:01AM ft IF SERVICE IS BY MAIL, THIS DATE IS EXTENDED BY FIVE DAYS Policy Number �I V E D NAMED INSURED: AC 1104108 KEN IBSEN DBA: COUNTY MUNICIPAL SERVICES & COUNTY IN JUL -5 P4: 56' HYDRANT & VALVE SERVICE CITY CLERK MAILED TO SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELENTO SAN JUAN CAPISTRANO CA 92675 PRODUCER: PHD INS. BROKERS, INC (714) 534-6310 The reason for termination is: NONPAYMENT OF PREMIUM If cancellation of this policy has been requested by the Named Insured prior to the termination date above, said cancellation will be effective as stated in the policy. The issuance of any Declaration Page subsequent to this cancellation or nonrenewal notice does not invalidate this notice. Brea, California Mailed From UC -61 7/1996 LIEN HOLDER, ADDITIONAL INSURED AND CERTIFICATE HOLDER COPY 07/01/2005 Date Mailed 04/25/2005 02:33 71453x16 PHD INSURANCE&KEIT PAGE 02/02 z1S�48D,,, CERTIFICATE OF LIABILITY INSURANCE oa/11/zoos) PRODUCER (714) S34-6310 FAX (714) 534-2943 PRD Insurance Brokers, Inc. License #0462338 P. 0. Box 3205 Garden Grove, CA 92842 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 0 INSURED Orange County Hydrant 6 Valve P.O. Box 3016 Mission Viejo, CA 92690 INSUAERA Evanston INsurance Co INSURERS Mercury Casualty Company 11908 INSURER CI #SURER D: INSURER E: rnVPRAnPq THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDIN 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. INSR ADD1 TYFE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CP040900238 10/29/2004 10/29/2005 EACH OCCURRENCE r, 1,000,000 X CDMMERCIALGENERNLUABILITY DAMAGE TO RENTED $ 50,00 CLAIMS MADE OCCUR MED EXP (Any om pwzw) S 50,00( .A PERSONAL S ADV INJURY S 1.000, DQ GENERAL AGGREGATE 5 2,000,00 OEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S 2,000, 00 POLICY PROJEC1 LOC AUTOMOBILE LIABILITY AC11041089 03/24/2005 03/Z4/Z006 COMBINED SINW.ELIUIT ANY AUTO (Ea AccMPn1) S 1,000,00( RODRY INJURY E ALL OWNED AUTOS B X SCHEDULED AUTOS Ftr Denon) BODILY INJURY F X HIREDAUTO$ X NON -OWNED AUTOS (Pll ecOdeN) PROPERTY DAMAGE S IPerealdeRU GARAGE LIABILITY AUTO ONLY• EA ACCIDENT S ANYAUTO OTHER THAN EA ACC F AUTO ONLY` AGG S EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE F OCCUR F-1CLAIMSMADE AGGREGATE L F DEDUCTIBLE 5 Is RETENTION ! WORKERS COMPENSATION AND W,WVSTATU O7FI EMPLOYERS' LIABILITY E.L. EACH ACCIDENT Is ANY PROPRIETOR(PARTNERJEXECUTIVE E.L. DISEASE EA EMPLOYE 5 OPF•ICEP/MEMBEP EXCLUOEDT II ye B, deacnbe Under E1. DISEASE •POI LIMIT S SPECIAL PROVISIONS b41V OTHER DESCRIPTION OF OPERATIONS I LOCATIONS) VEHICLES / ELUSIONS ADDED BY ENDORSEMENT ISPECI.qLPROVISION$ ertificate Holder is named as Ttional insured as form ME - Per enUOrsement -009 '10 Day Notice Of Cancellation for non-payment of premium City of San Juan Capistrano 32400 Paseo Adelento San Juan Capistrano, CA 92675 SHOVLP ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER Wit L ENDEAVOR TO MAIL '30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURBB. ITS AOBNTB OR OF PRO SPNTATIVFS. ACORD 25 (2001108) % oAcORD CORPORATION 19113 04/25/2005 04:11 df MAWL 7145346 PHD INSURANCE gKER ADDITIONAL INSURED ENDORSEMENT -ATTACKED To AND FORMINGI •EFFECTME DATE OF PART of POUCT No, ENDORSEMENT 4/22/05 '19aDEDTO COUNTY HYDRANT AND VALVE PAGE 02/02 SECTION II - WHO IS AN INSURED of the Commercial General Liability Form Is amended to Inctude: Person or Entlty. Interest of the Above: City Of San Juan Capistrano 32400 Paseo Adelento San .luan Capistrano, CA 92675 as an additional Insured under this policy, but only as respects negligent acts or omissions of the Named Insured and only for occurrences, claims or coverage not otherwise excluded in the policy. It Is further agreed that where no coverage shall apply herein for the Named Insured, no coverage nor defense shall be afforded to the above-Identffled addltlonal Insured, Moreover, It is agreed that no coverage shall be afforded to the above-identi(led additional Insured for any 'bodily injury,"personal Injury,' or'prcperty damage" to any employee Of the Named Insured or to any obligation of the additional Insured to Indemnity another because of damages arlsing out or such injury. M/E409 (41991 0 0 CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-19-2005 GROUP: POLICY NUMBER: 1726398-2005 CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 02-01-2006 02-01-2005/02-01-2006 CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92675 JOB: ATTENTION CITY CLERK This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE F' 0 PRESIDENT STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. EMPLOYER KENNETH L IBSEN DHA: ORANGE COUNTY HYDRANT & VALVE SRVC PO BOX 3016 MISSION VIEJO CA 92690 [CES,CNI PRINTED: 00.19-2005 SCIF 10262E Acceptthis certificate only ifyou sae a faintwatermar, that reads -OFFICIAL STATE FUND DOCUMENT' PAGE 1 OF 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www.sanjuancapistrano.org April 26, 2005 County Hydrant & Valve Service PO Box 3016 Mission Viejo, CA 92690 Attn: Mr. Ken Ibsen Dear Mr. Ibsen: MOR HIM (5TAWSI(1 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Enclosed is an executed, original professional services agreement related to the city's valve and hydrant exercise maintenance program. Thank you for forwarding documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Kathleen Springer, Management Analyst 1 (949) 487-4306. Thank you, Me onah n, CMC C' v Clerk cc: Kathleen Springer, Management Analyst I Amy Amirani, Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future 0 Ponlea on rerycled paper • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org February 28, 2005 County Hydrant & Valve Service PO Box 3016 Mission Viejo, CA 92690 Attn: Mr. Ken Ibsen Dear Mr. Ibsen: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to the city's valve and hydrant exercise maintenance program was approved by the City Council at their meeting of April 5, 2005. It is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK — followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Kathleen Springer, Management Analyst 1 (949) 487-4306. Please call Maria Guevara, Secretary, (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Meg naha ,CMC City clerk cc: Kathleen Springer, Management Analyst I Amy Amirani, Public Works Director 0 Printed on reryded paper San Juan Capistrano: Preserving the Past to Enhance the Future • 4/5/2005 D7 AGENDA REPORT TO: Dave Adams, City Manager 9�` FROM: Amy Amirani, Public Works Director SUBJECT: Consideration of an Agreement for Valve and Fire Hydrant Maintenance Services (County Hydrant & Valve Service) RECOMMENDATION: By motion, approve the agreement for valve and fire hydrant maintenance services with County Hydrant & Valve Service in the amount of $30,000, and authorize the Mayor to execute the agreement. SITUATION: Pursuant to the Department of Health Services, it is the responsibility of the Water division of the Public Works department to ensure that the fire hydrants and the water valves throughout the City are functional. To achieve this, the goal of the Water division is to exercise all hydrants and valves in the system. Exercising a water valve consists of cleaning out the valve can, vacuuming the inside, making sure the valve is in the open position by operating it, and counting the number of turns necessary to close it. Exercising a fire hydrant consists of opening and closing the hydrant, and flushing water through to ensure that it is operating properly. To augment City forces, staff solicits proposals from contractors to perform the above mentioned tasks. In addition to exercising, the hydrants and valves are also monitored and data is collected from them. The data that is obtained through regular maintenance such as the number of turns to close a valve, depth from the street surface to the top of the valve, and any operational problems associated with a valve or hydrant, is recorded in order to schedule further maintenance or replacement of valves and hydrants as necessary. The location of the valves and hydrants and any other data available are then downloaded into the City's existing ARC/View digital mapping program. This information may be used by the Public Works Department for engineering of valve and fire hydrant replacement or improvement projects. In addition, this will also provide an opportunity to make any necessary adjustments when updating the City's digital atlas map of the existing water facilities. In fiscal year 2003/2004, iWater exercised approximately 750 valves and hydrants on main arterials, which required night work. Currently, there are as many as 1500 valves and hydrants that need to be exercised. On March 3, 2005, staff issued a request for 0 0 Agenda Report Paae 2 April 5, 2005 and hydrants that need to be exercised. On March 3, 2005, staff issued a request for proposals to five qualified contractors to perform valve and hydrant exercising services in residential areas that do not require night work. On March 14, 2005, staff received two proposals, which are summarized below. Contractor Number of Price per; Valve edrwd to be ValveVHydrarrts to be Exercised Exercised County Valve & Hydrant Services 1000-1500 Distribution Valve = $22.00/ea. Hydrant & Valve = $29.50/ea. Water 1000-1500 All Valves/Hydrants = $37.00/ea. NOTIFICATION: County Hydrant & Valve Service Doty Bros. Equipment Co. iWater Pres -Tech Wachs Utility Services COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS: Not applicable. FINANCIAL CONSIDERATIONS: The fiscal year 2004/2005 operating budget has sufficient funds in account 50-62663- 4461 to cover valve and hydrant maintenance costs of $30,000. RECOMMENDATION: By motion, approve the agreement for valve and fire hydrant maintenance services with County Hydrant & Valve Service in the amount of $30,000, and authorize the Mayor to execute the agreement. Respectfully Submitted, Amy AYnirani�� Public Works Director AA/KS: mp Prepared by, Kathleen Sprin er Management Analyst Attachments: 1. Personal Services Agreement 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2005, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and County Hydrant & Valve Service, (hereinafter referred to as "Contractor"). RECITALS: WHEREAS, City desires to retain the services of Contractor to exercise valves and hydrants as part of the City's valve and hydrant exercise maintenance program within the City of San Juan Capistrano. WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Contractor mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in Exhibit "A," Scope of Work, attached and incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed within sixty (60) days. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services shall be billed as set forth in Exhibit "B", Contractor's Job Proposal, attached and incorporated herein by reference. ATTACHMENT 0 0 3.2 Rate Schedule. The services shall be billed to the City at the rate set forth in Exhibit "B," Contractor's Job Proposal, attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment. Contractor shall submit monthly invoices based on total services, which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses. Contractor shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Contractor shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor 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 Contractor is permitted to subcontract any part of this Agreement by City, Contractor 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 Contractor. City will deal directly with and will make all payments to Contractor. Page 2 0 0 Section 61---hanges 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 Contractor's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Contractor 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 Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Contractor 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 Contractor. Section 11. Copies of Work Product. At the completion of the contract period, Contractor shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Contractor'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. Page 3 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Contractor 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 Contractor's professional services. Section 13. Indemnitv. Contractor 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 Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Contractor 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, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: Page 4 $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 Contractor intends to employ employees to perform services under this Agreement, Contractor 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, Contractor shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Not applicable. 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. Contractor shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with all insurance requirements of this Agreement. Page 5 0 0 Section 15. Termination. City and Contractor shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn.: Public Works Director To Contractor: County Hydrant & Valve Service P.O. Box 3016 Mission Viejo, CA 92690 Attn.: Mr. Ken Ibsen Section 17. Attomeys' 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. Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: (�al 11A474,4ifli f it John -W Shaw, City Atto ney f Page 7 CITY OF SAN JUAN CAPISTRANO 0 Wyatt Hart, Mayor COUNTY HYDRANT,& VALVE SERVICE By 0 Ll City of San Juan Capistrano — Water Division Scope of Work Valve and Hydrant Exercise Program Project area consists of all defined main streets within the City of San Juan Capistrano. There are as many as 1500 valves that -need to be exercised, including distribution and hydrant isolation valves. The valves are located on residential streets that can be worked on during the day. Therefore, night work is not necessary for this project. Exercise Program: • Remove valve lid, vacuum clean valve can, operate valve completely from open to closed position, replace lid, and paint lid color as defined by the Water Distribution Supervisor. • Operate valve in a complete cycle and record number of turns to close. • Measure depth from street level to top of valve operating nut. • All closed valves need to be identified, defined, and mapped for reports in PDF and shape file formats. For normally closed valves: All closed valves are labeled as "CLS' in the atlas maps. Do not exercise these valves. Some lids are painted red and have a PVC riser with a red cap on them. If a closed valve is located, notify the Water Distribution Supervisor to confirm whether or not the valve should remain closed, or if it can be exercised and left open. • Paint V -marker on adjacent curb: paint it blue for "domestic" and purple for "non- domestic". • Paint valve lid yellow for "domestic" and purple for "non domestic". All hydrant valves will be painted both blue and yellow. Record problems with valve or fire hydrant operation. • Record GPS location of valve and fire hydrant based on NAD83, California State Plane Zone IV. • Hydrant isolation valves need to be closed to confirm they are isolation valves. After isolation valves are closed, all hydrant ports need to be opened and flushed only to remove water in the lateral. Finally, ports are to be closed and isolation valves opened. Any out -of -service hydrants need to be bagged and reported to EXHIBIT "A" the Water Distribution Supervisor the same day. Reports must be forwarded via e-mail the following day. Reports shall include map and address location in PDF format in e-mail. All valves operated must be sub -meter GPS surveyed with differential accuracy included. These will be included in database report and in map format. Each day, a report must be either faxed or e-mailed to the Water Distribution Supervisor defining the area that was worked on that day. In addition; a report also needs to be faxed or e-mailed to the Water Distribution Supervisor defining the area of work for the following day. Updates outlining the progress of the project shall be forwarded to the Water Distribution Supervisor on a weekly basis. • Final reports will contain a database of work completed with operational status, valve function, and any problems found. This database will be in dbf format and will work together with map shape files (Shape files as Arc View shape file format with file registered to California State Plane Coordinate System Zone 6, 1983.) for incorporation of existing mapping system used within the City of San Juan Capistrano. Both database and maps must be printed and saved on CDs for future use. • Contractor must have current California contractor's license in good standing with the state and must be able to supply proof of insurance, including Errors & Omissions coverage. All lead crew personnel must have current Class 2 Distribution certification from the California, Department of Health Services. • All work must be completed by Thursday, June 30, 2005. 0 0 PROPOSAL VALVE AND HYDRANT EXERCISE PROGRAM From: To the Honorable City Council City of San Juan Capistrano e �'Pi di Ge The undersigned, as proposer, declares that he has carefully examined the proposed work as described, examined the Scope of Work, and is familiar with all proposal requirements, and hereby proposes and agrees, if the proposal is accepted, to complete said contract in accordance with the Scope of Work. VALVE AND HYDRANT EXERCISE PROGRAM — FY 2004/2005 Approximate Number of Price Per Valve/Hydrant to Valves/Hydrants to be be Exercised Exercised O.Sf�.bwfo� �=.ZZ.oe 1000-1500 $//yat,.-r-yalyc �29.So Cocom � f%ra'�t � !h-/fre Ser-v,'cC Company Name Date Signature of Bidder EXHIBIT "B" COUNTY HYDRANT & VALVE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano Water Division Valve Service Plan Fiscal 2004-2005 The following services will be performed at a rate of $22.00 per valve and is not size dependent. Plug valves will have an additional $8.00 charge. Valve Service Procedures are as follows: • Vacuum valve can as necessary • Exercise distribution valve • Record valve number • Record number of turns • Record depth of valve nut • Record valve size if listed in water atlas • Paint valve can lid. • Replace missing or damaged can lids. Valves will be exercised and left in a 1 '/2 - 2 turns down position. If excessive packing gland leakage occurs the valve will be left in a locked open position. Non -geared 1/4 tum plug valves will be left in a full open position. Plug Valves will be lubed in full open and full closed positions. Work Orders: Work orders for all valves that need additional minor maintenance will be submitted with invoices and work performed documentation. Non-functioning valves will be reported and have work orders issued on a daily basis. Work orders will be generated to the City of San Juan Capistrano - Water Division for the following conditions: • Street valve high/low. • Street valve frozen. • Street valve broken open. • Street valve broken closed. • Street valve rounded or missing nut. • Street valve bonnet or packing leaks. • Street valve UTL (unable to locate). • Street valve buried or asphalted. • Valves found in the closed position COUNTY HYDRANT & VALVE SERVICE P.O. BOX 3016 Mission Viejo, CA 92690 • (949) 347-5322 City of San Juan Capistrano - Water Division Valve Service Plan March 9, 2005 Page 2 of 3 Color codine: Valve can lids: • Yellow= Domestic valves exercised. • Purple= Non-domestic valves. Curbs: Paint "V" on adjacent curb. Blue= Domestic Valves Purple=Non -domestic Exclusions: It is understood that the Water Division does not want CHVS to exercise valves listed below: • Zone interties. • Valves into/out of pump stations. • Valves into/out of PRS stations. • Valves into/out of reservoirs. • Closed valves other than blow -off valves. • Valves labeled as "CLS" in the atlas. • Valve cans that have red painted lids and or red PVC risers with a red cap on them Exercising of these valves will be only with approval on a case by case basis. Valves will be exercised by hand or with hand held powered valve keys. Frozen or tight valves requiring truck mounted valve machines will be noted on paperwork for future scheduling or advisement. Database: A database is to be compiled that documents the work performed and information gathered such as depth to nut, number of turns, valve function and any deficiencies noted. Traffic control: Valves are in residential areas and are not expected to require large amounts of traffic control. Major intersections and roadways may require joint traffic control of the City of San Juan Capistrano - Water Division & CHVS. COUNTY HYDRANT & VALVE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Valve Service Plan March 9, 2005 Page 3 of 3 Documentation: Record GPS location of valve and hydrant with real time differential correction, based on Nad83, California State Plane Zone IV. GPS Units are to have a minimum 12 Channel Receiver and sub -meter accuracy with real time differential correction capability. Reporting: • Daily: E-mail, fax or hand deliver reports to the Water Distribution Supervisor or other assigned personnel, Defining the area worked that day and the proposed area of work for the following day. In addition out of service valves including map and address location in pdf format will also be submitted. On approval copies of the water atlas indicating the out of service unit may be substituted. • Weekly: Updates outlining the progress of the project shall be forwarded to the Water Distribution Supervisor. • Final: Database and maps must be printed and saved on CDs and submitted to the Water Distribution Supervisor upon project completion. Database is to be in dbf format. Maps are to be in shape files format registered to California State Plane Coordinate System Zone 6, 1983. NOTE- Rate quoted for valve exercising is for the average distribution system valve and is not size dependent. Exercising of valves in vaults are not included in this pricing. For the duration of this work County Hydrant & Valve Service personnel will not operate valves in Permit Required Confined Spaces. Items Not Included: • Sawcutting or Below Grade work. • Exposing asphalted or buried valves • Traffic Control on high volume streets and intersections. The City of San Juan Capistrano - Water Division will provide CHVS with a location to dispose of materials associated with this work. Valve Can Lids will be provide by the City of San Juan Capistrano - Water Division. Certificates: American Water Works Association Water Distribution Operator Grade II #05769 State of California Department of Health Services Water Distribution Operator Grade D-3 #5769 State of California Department of Health Services Water Treatment Operator Grade I # 14775 County Hydrant & Valve Service is not a California licensed contractor. COU1TY HYDRANT & VALVE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano Water Division Fire Hydrant Service Plan Fiscal 2004-2005 The following services will be performed at a rate of $29.50 per fire hydrant and is not size dependent. Hydrant Inspection: Hydrants will be visually inspected prior to flushing for casing cracks, loose/ missing caps, operating nuts. All ports will be checked for frozen caps. Cast or metal caps will be lubricated. Plastic and brass caps are not to be lubed. Wet barrel hydrants will have all ports internally inspected after the hydrant pressure has been bled off. Dry barrel hydrants will have a static pressure taken. The purpose of the pressure read is pressurize the hydrant to assure the fire hydrant bury below grade has not been damaged or leaks. Missing caps, chains, operating nuts will be documented. County Hydrant & Valve Service can replace missing caps at no additional charge if the Water Division requests it. James Jones Hydrants: James Jones hydrants with disc assemblies manufactured during the period 1996-1997 and installed in hydrants from mid 1996-1998 will be documented. James Jones Company offers disc upgrades (replacements) for fire hydrants manufactured during this period. The disc upgrades are supplied at no cost to the water district. Hydrant Trimming: Hydrants will be trimmed / dug out to provide access to perform the inspection and flush. If the Water Division has a specific distance that hydrant wrench swing is to be maintained or that vegetation is to be cut back, these distances can usually be incorporated into this plan. Large or major trims are not included. De -chlorination: Although water amounts for this project are minimal. Water flushed from the fire hydrants will be de -chlorinated and where practical efforts will be made to keep street debris from entering storm drains. ri COUNTY HYDRANT & VALE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-5322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 2 of 6 Flushing: Flushing — For the duration of this service plan "Flushing" is defined as flushing of the fire hydrant service lateral until the water runs clear. It is intended to clean out the stagnant water in the hydrant & lateral. It is not intended to be a "System or Main Cleaning" flush. County Hydrant & Valve Service have been instructed to keep water volumes low enough as to not stir up the water main. The following procedure will be used for flushing the hydrant and valve exercising. Dry barrel hydrant bury check, pressurize hydrant and take a static pressure read. Then... 1. Close fire hydrant isolation valve. 2. Remove and lube fire hydrant port caps. 3. Dry barrel hydrants- open internal valve completely. Wet barrel hydrants- open all ports and apply lubricant to stems. Visually inspect all rubber discs. Close all ports except the main 4" port. 4. Open fire hydrant isolation valve until desired flow is achieved. 5. Flush hydrant until water is clear. 6. Close/Shut fire hydrant. 7. Replace outlet cap. 8. Open fire hydrant isolation valve. Leave valve turned 1 '/� - 2 turns down. Hydrant Labels: A Hydrant Label measuring 2"x 3.66" with a yellow reflective background and black font matching the label attached will be included in this maintenance plan. Wording of the label can be changed if the Water Division desires. COUNTY HYDRANT & VAL•E SERVICE P.O. BOX 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano -Water Division Fire Hydrant Service Plan March 9, 2005 Page 3 of 6 Fire Hydrant Isolation Valve Service Procedures are as follows: • Vacuum valve can as necessary • Exercise distribution valve • Record valve number • Record number of turns • Record depth of valve nut • Record valve size if listed in water atlas • Paint valve can lid. • Replace missing or damaged can lids. Valves will be exercised and left in a 1 '/2 - 2 turns down position. If excessive packing gland leakage occurs the valve will be left in a locked open position. Non -geared 1/4 turn plug valves will be left in a full open position. Plug Valves will be lubed in full open and full closed positions. Work Orders: Work orders for all valves that need additional minor maintenance will be submitted with invoices and work performed documentation. Non-functioning valves will be reported and have work orders issued on a daily basis. Work orders will be generated to the City of San Juan Capistrano - Water Division for the following conditions: • Street valve high/low. • Street valve frozen. • Street valve broken open. • Street valve broken closed. • Street valve rounded or missing nut. • Street valve bonnet or packing leaks. • Street valve UTL (unable to locate). • Street valve buried or asphalted. • Valves found in the closed position COUNTY HYDRANT & VALVE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 4 of 6 Color coding: Valve can lids: • Yellow = Domestic valves exercised. • Purple = Non-domestic valves. • Yellow & Blue = Hydrant Valves Curbs: Paint "V" on adjacent curb. Blue = Domestic Valves Purple = Non -domestic Exclusions: It is understood that the Water Division does not want CHVS to exercise valves listed below: • Valve cans that have red painted lids and or red PVC risers with a red cap on them Exercising of these valves will be only with approval on a case by case basis. Valves will be exercised by hand or with hand held powered valve keys. Frozen or tight valves requiring truck mounted valve machines will be noted on paperwork for future scheduling or advisement. Database: A database is to be compiled that documents the work performed and information gathered such as depth to nut, number of turns, valve function and any deficiencies noted. Traffic control: Valves are in residential areas and are not expected to require large amounts of traffic control. Major intersections and roadways may require joint traffic control of the City of San Juan Capistrano - Water Division & CHVS. COUN�Y HYDRANT & VALUE SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 5 of 6 Documentation: Record GPS location of valve and hydrant with real time differential correction, based on Nad83, California State Plane Zone IV. GPS Units are to have a minimum 12 Channel Receiver and sub -meter accuracy with real time differential correction capability. Reporting: • Daily: E-mail, fax or hand deliver reports to the Water Distribution Supervisor or other assigned personnel, defining the area worked that day and the proposed area of work for the following day. In addition out of service hydrants or valves including map and address location in pdf format will also be submitted. On approval copies of the water atlas indicating the out of service unit may be substituted. • Weekly: Updates outlining the progress of the project shall be forwarded to the Water Distribution Supervisor. • Final: Database and maps must be printed and saved on CDs and submitted to the Water Distribution Supervisor upon project completion. Database is to be in dbf format. Maps are to be in shape files format registered to California State Plane Coordinate System Zone 6, 1983. m } &:;atU!rs:N x COUNTY HYDRANT & VAL?E SERVICE P.O. Box 3016 Mission Viejo, CA 92690 • (949) 347-8322 City of San Juan Capistrano - Water Division Fire Hydrant Service Plan March 9, 2005 Page 6 of 6 Items Not Included: • Sawcutting or Below Grade work. • Exposing asphalted or buried valves • Traffic Control on high volume streets and intersections. The City of San Juan Capistrano - Water Division will provide CHVS with a location to dispose of materials associated with this work. Valve Can Lids will be provide by the City of San Juan Capistrano - Water Division. In order to assure compliance with City of San Juan Capistrano - Water Division approved materials the Water Division will be responsible for furnishing County Hydrant & Valve Service with all replacement parts and materials for the Fire Hydrant Service Plan. This may include, but not be limited to hydrants, hydrant caps, bolts, flange adapters, paints, primers, gaskets, 0 -rings, chains, valve can lids and thread lubricants. County Hydrant & Valve Service provides a professional and skilled service. With nineteen years of experience in the water field and with the documented flushing of thousands of hydrants, Orange County Hydrant & Valve Service believes the methods employed are safe and reliable. Although we cannot predict hydrants that will slam or cavitate, there are times we can anticipate a hydrant may do so and will vary our flushing method in an attempt to prevent it. As a professional service provider OCHVS will accept responsibility for damages that occur as a result of its actions. OCHVS is not responsible for failure of appurtenances when a hydrant slams or cavitates or valves break. OCHVS maintains $1,000,000.00 General Liability and $1,000,000.00 Vehicle coverage at all times. Certificates: American Water Works Association Water Distribution Operator Grade II #05769 State of California Department of Health Services Water Distribution Operator Grade D-3 #5769 State of California Department of Health Services Water Treatment Operator Grade I # 14775 County Hydrant & Valve Service is not a California licensed contractor. • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.Sanjuancapistrano. org 11 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETIWOF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE MATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on April 5, 2005 in the City Council Chamber in City Hall, to consider: "Consideration of an Agreement for Valve and Fire Hydrant Maintenance Services (County Hydrant & Valve Service)" — Item No. D7 If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at City Hall by 5:00 p.m. on Monday, April 4, 2005 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a blue 'Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Kathleen Springer, Management Analyst. You may contact that staff member at (949) 487-4306 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council -agendas aasanivancapistrano.org. Meg Monahan, CMC City Clerk cc: County Hydrant & Valve Service; Doty Bros. Equipment Co.; iWater; Pres -Tech; Wachs Utility Services; Amy Amirani, Public Works Director; Kathleen Springer, Management Analyst * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 0 Ponied on recycled paver 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuanccipi.vtrano.org April 6, 2005 L fit► dwan � • 0 IAfARAAARI[0 • mRuA lslA 19OA 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHOATE MATT HART JOE SOTO DAVID M. SWERDLIN On April 5, 2005 the City Council of San Juan Capistrano met regarding: "Consideration of an Agreement for Valve and Fire Hydrant Maintenance Services (County Hydrant & Valve Service)" Item No. D7. The following action was taken at the meeting: Agreement with County Hydrant & Valve Services for valve and fire hydrant maintenance services, in the amount of $30,000, approved; and the Mayor authorized to execute the agreement. The following documents are in the process of being executed: Agreement for valve and fire hydrant maintenance services. If you have any questions regarding this action, please contact Kathleen Springer, Management Analyst at 487-4306 for more detailed information. Thank you, MitzX OrtiY Deputy City Clerk Cc: County Hydrant & Valve Service; Doty Bros. Equipment Co.; iWater; Pres -Tech; Wachs Utility Services; Amy Amirani, Public Works Director; Kathleen Springer, Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 6�/A Printed on red,ded paper 04/11/2005 03:17 7145346' PHD INSURANCE ER PHD INSURANCE BROKER Fax Apr 11 2 1 12:12 Rpr 11 05 12:17p Ken Ibsen (9491 347-8322 32400 FA59O AOELAM SAN JUAN CAMSTRANO. G 92677 1949497.1171 (940) 49}1053 WAX w nm<.•unlu..nc'uplarypna nrp February 28, 2005 County Hydrant & Valve Service PO Box 3016 Mission Vlejo, CA 92690 Attn: Mr. Ken Ibsen Dear Mr. Ibsen: PAGE 01/02 P.02 p_2 MEMPM Or THE CM Cp1MCit aAM A!� NATO UlA k UATH ATE V ."HART JOEBOTO pA OM SWERM.N A Personal Services Agreement related to the clty's valve and hydrant exercise maintenance program was approved by the City Council at their meeting of -AP -H 5, 2005. It is in the process of being executed and will be issued upon receipt of require documentation related to contract terms under Section ranee. Insurance evidence may be faxed to (949) 49 -1053 - ATTENTION CITY CLERK - followed by original signed documents. I have dRiplosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Kathleen Springer, Management Analyst 1 (949) 487-4306, Please call Maria Guevara, Secretary, (949) 443-6310 if you have questions regarding the forms of insurance needed. Thank you, Megnaha ,CMC City le rk �I ►a- � �� ?1)/5� \/ J �Q, V cc: Kathleen Springer, Management Analyst 1 G I Amy Amirani, Public Works Director C San Juan Capistrano: Piles er h? the. Post to Enhance the Furtrre ii E �C',