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08-0819_LAWSON & ASSOCIATES_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19th day of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Lawson & Associates Geotechnical Consulting, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultantto provide geotechnical observation and testing services for the Los Rios Park & Parking Lot Improvement Project located within the City's historic Los Rios District; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the City shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Thirteen Thousand Five Hundred and Ten Dollars ($13,510) as set forth in Exhibit "A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period as determined by the City Engineer. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 0 0 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 0 0 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 work, Consultant shall have delivered to City copies of work as set forth in Exhibit "A". All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 3 0 0 Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VI I or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises 4 0 0 owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 5 0 0 Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Consultant: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Attn: Tim Lawson 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. A 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: CITY OF SAN JUA"APISTRANO la Joe Sgto, Mayor & ASSOCIATES, INC. By: Tim Lawson, President rl L EXHIBIT "A" 0 Lawson & Associates Geotechnical Consulting, Inc. June 26, 2008 Project No. 041125-01 Mr. Khoon Tan City of San Juan Capistrano — Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject. Proposal to Provide for Geotechnical Observation and Testing Services, Los Rios Park and Parking Lot Improvements, 31790 Los Rios Street, City of San Juan Capistrano, California Introduction Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to submit this proposal and cost estimate to provide geotechnical observation and testing services during the proposed Los Rios Park and Parking Lot Improvements located at 31790 Los Rios Street in the city of San Juan Capistrano, California. Based on our preliminary review of the plans, we anticipate that our services will include backfill observation and compaction testing for import fills, storm drain, sewer, and water trenches; and observation and compaction testing for sidewalk, curb and gutter, street subgrade, and asphalt paving. Laboratory testing will also be performed to confirm the validity of our previous geotechnical recommendations. As of the date of this proposal, a construction schedule was not available. As a result, we have estimated the duration based on similar projects. Assumptions and Scone ofServices • Attend project pre-construction/coordination meeting(s). • Our observation and testing services for trench backfill and subgrade are based on 4 hours per day (part- time). • Our observation and testing services for import fill placement and asphalt pavement is based on 8 hours per day (full-time). No geotechnical design or analysis work is included in this contract. • It has been assumed that import soils will be delivered to the site at a sufficient rate so that our field technician can remain onsite on a full-time basis to observe fill placement. • Irrigation service line will not require geotechnical observation and testing during backfill. • Geotechnical laboratory testing includes laboratory compaction and R -value. We have estimated three maximum density tests, and one R -Value test for subgrade soils (to confirm street section design). • Only one final report will be required, documenting all results of our observation and testing. If extra reports are required, these will be charged on a time -and -materials basis in accordance with our attached 2007 Professional Fee Schedule. 1319 Calle Avanzado • San Clemente • CA 92673-6351 • (949) 369-6141 • Fax (949) 369-6142 n U Cost Estimate L We propose to perform the above -listed observation and testing set -vices on a time -and -materials basis in accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Thirteen Thousand Five Hundred Ten Dollars ($13,510.00). Our estimated fees are based upon the information provided by you, our understanding of the services required, and an assumed duration (since no construction schedule was available). Fees may be subject to change due to factors beyond our control including (but not limited to) contractor schedule and weather conditions. An itemized cost estimate is provided below. Attend Project Coordination/Safety Meetings $ t,000.00 • Import Fill Placement (5 working days @ 8 hours per day) $ 3,800.00 • Sewer, Storm Drain & Water Trenches Backfill Observation and Testing (8 working days @ 4 hours per day) $ 3,040.00 Foundation, Street, Curb & Gutter, and Sidewalk Subgrade observation and Testing (5 working days @ 4 hours per day) $ 1,900.00 • Street Paving/Capping Observation and Testing (2 working days cr 8 hours per day) $ 1,520.00 • Laboratory Testing (3 coaxes, I R -Value) $ 750.00 • Final Report Upon Completion of Backfill and Paving Operations $ 1,500.00 TOTAL: $13,510.00 Closure Our proposed services will be performed to the general standard of care of geotechnical consulting in Southern California; no other warrantee is expressed or implied. If this proposal meets with your requirements, please sign and return the Terms and Conditions of Authorization form and we will send you one original for your records. We will start work immediately upon receiving authorization. The opportunity of submitting this proposal is sincerely appreciated. If you should have any questions, please do not hesitate to contact this office. Sincerely, LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING, INC. James Thomasson Project Manager J RT/sec Attachments: Terms & Conditions of Authorization 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 041125-01 Page 2 .hme 26. 2008 0 0 Terms and Conditions of Authorization This Agreement ("Agreement"), effective this 26" day of June, 2008, is made by and between Lawson & Associates Geotechnical Consulting, Inc. ("Consultant" or "LGC") and City of San Juan Capistrano ("Client") (collectively, the `Parties") for the Scope of Services referenced in the attached Proposal and according to the terms and conditions recited below. I. Consultant shall serve the Client by providing professional counsel and technical advice regarding subsurface conditions (more particularly described in Proposal 041125-01, attached hereto) ("Project'). This counsel and advice is based on information famished by the Client and data collected by the Consultant. The Consultant will use its professional judgment and will perform its services using that degree create and skill ordinarily exercised under similar circumstances, by reputable Foundation Engineers and/or Engineering Geologists practicing in the Southern California area or similar localities. 2. Consultant shall not be liable for any incorrect advice, judgment or decision based on any inaccurate information famished by Client, and Client agrees to defend and indemnify Consultant against any claims, demands. or liability arising out of or contributed to by such information. 3. Unless otherwise negotiated in writing, Client agrees to limit any and all liability, claim for damages, cost of defense, or expenses to be levied against Consultant on account of design defect, error, omission, or professional negligence to a sum not to exceed S 10,000. further, Client agrees to notify any construction contractor or sub -contractor who may perform work in connection with any design, report or study prepared by Consultant of such limitation of liability for design defects, errors, omissions, or professional negligence and require as a condition precedent to their performing the work a like limitation of liability on their part as against Consultant. In the event Client fails to obtain a like limitation of liability provision as to design defects, errors, omissions or professional negligence, any liability of Client and the Consultant to such contractor or sub -contractor arising out of negligence shall be allocated between the Client and the Consultant in such a manner that the aggregate liability of Consultant for such design defect to all parties, including the Client, shall not exceed S 10,000, 4. No warranty, express or implied, of merchantability or fitness, is made or intended in connection with the work to be performed by Consultant or by the Proposal for consulting or other services or by the furnishing stand or written reports or findings made by Consultant. 5. Client shall gram free access to the Project site for all necessary equipment and personnel. Client shall notify any and all possessors of the Project site that Client has granted Consultant free access to the Pmject site at no charge to Consultant, unless specifically agreed to otherwise in the letter of proposal attached hereto. 6. Client shall locate for Consultant and shall assume responsibility for the accuracy of Client's representations as to the locations of all -underground utilities and installations. Consultant will not be responsible for damage to any such utilities or installations not so located. 7. Consultant agrees to cover all open test holes and place a cover to carry a 200 -pound load on each hole prior to leaving the Project site unattended. Consultant agrees that all test holes will be backfilled upon completion of the job. Client acknowledges and understands that material utilized to backfill borings'trenches will settle over time. Client agrees to monitor and maintain backfill levels as necessary. Client agrees to defend and indemnify consultant for all claims, demands, and liabilities arising from any settlement ofbackfill material. S. Consultant will not be responsible for the general safety ofother persons or equipment on thejob (Project site), nor the work of other contractors and third parties. 9. Consultant will be excused for any delay in completion of the Agreement caused by: (a) acts of god; jo acts of Client or Client's agemaj or representatives(s); (c) stormy weather; (d) labor trouble/issues; (e) acts of public utilities, public bodies or inspectors; (f) extra work; (g) failure of Client to make payments promptly: or (h) other contingencies unforeseen by Consultant and/or beyond the reasonable control of Consultant. 10. In the event that either party desires to terminate this Agreement prior to completion of the Project, a 7 -day advanced written notification of such intention to terminate must be tendered to the other party. In the event that Client notifies Consultant of such intention to terminate Consultants services prior to completion of the Project, Client hereby acknowledges and understands that further Project analysis and preparation and organization of records will be necessary to, among other things, place Project files in order, dispose of samples, put equipment in order, and (where considered necessary to protect Consultants professional reputation) complete a report on the work performed to date. In the event that Consultant incurs any costs or expenses in C'lient's termination of this Agreement, Client agrees to pay Consultant a termination charge to cover such costs and expenses. 11, If Client is a corporation or other business entity, the individual or individuals that sign this Agreement on behalf of Clieat guarantee that Client will perform its duties under this Agreement. The individual or individuals so signing this Agreement warrant that they are duly authorized agents of Client. 12. Any notice required or permitted under this Agreement may be given by ordinary U.S. mail at Client's address noted below and Consultant's business address, but such addresses may be changed by written notice given by one party to the other from time to time. Notice shall be deemed received in the ordinary course of the mail. This agreement shall be deemed to have been entered into in the County of Orange, State of California. 13, Binding Arbitration ' Waiver of Jury Trial: Should any dispute arise between Client and Consultant that cannot be resolved by negotiation among the Parties, then the matter shall be resolved by a Judicial Arbitration and Mediation Services ("JAMS") neutral located in Orange County, California, and specifically a retired Judge with considerable experience in the resolution of construction and engineering disputes. By signing below the Parties acknowledge that they have read, understood and accept that they are voluntarily waiving their right to a jury trial, that each party's discovery and appeal rights will be limited, and that each party agrees to binding arbitration in accordance with the laws fthe State of California, 14, This Agreement is the entire agreement of the Parties and supersedes all agreements previously made between the Parties relating to its subject matter. There are no other understandings or agreements between Client and Consultant. Client Contact Information: Mr. Khoon Tan. City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano CA 92675 LGC's Scope of Services includes: Please see our Proposal dated June 26. 2008 (Protect No. 041125-01). These services shall be undertaken on a time -and -materials basis in accordance with LGC's 2007 Professional Fee Schedule for an estimated amount of Thirteen Thousand Five Hundred Ten Dollars ($13,510.00). Payment is to be made within 30 days after receipt of invoice. Consultant agrees not to exceed the estimated total without prior written notification. Client Authorization (Please Print): Client Authorization Signature: Consultant Authorization: Tim Lawson Title: President Consultant Authorization 0 Lawson & Associates Geotechnical Consulting, Inc. 0 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Billing Rate (per hour) WordProcessing............................................................................................................................... $ 45.00 TechnicianI........................................................................................................................................... 60.00 CADOperator....................................................................................................................................... 65.00 SeniorField Technician........................................................................................................................ 85.00 Technician/Senior Technician Prevailing Wage...................................................................................85.00 50.00/per day StaffEngineer/Geologist.......................................................................................................................85.00 50.00/per day Senior Staff Engineer/Geologist/Scientist.......................................................................................... 100.00 Field Supervisor/Operations Manager................................................................................................ 105.00 Project Engineer/Geologist................................................................................................................. 110.00 Associate Engineer/Geologist............................................................................................................. 130.00 Principal Engineer/Geologist.............................................................................................................. 170.00 Engineering Equipment VehicleUsage.................................................................................................................... $ 10.00/per hour Tiltmeter, Inclinometer............................................................................................................ 60.00/per day NuclearSoil Gauge.................................................................................................................. 75.00/per day Water Level Sounder................................................................................................................ 50.00/per day Portable Generator................................................................................................................... 50.00/per day Manometer............................................................................................................................... 50.00/per day Other Monitoring Equipment.................................................................................................. Upon Request Terms and Conditions • Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 times the basic billing rate, portal to portal. All geologists, engineers, and technicians will be billed at time -and -a -half for overtime. Invoices are rendered monthly, payable upon receipt. A retainer of 50 percent of the fee is required for projects with a total estimated fee of $5,000.00 or less. The balance is due upon report delivery. Proposals are valid for 30 days, unless otherwise stated. • Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent, unless billed directly to, and paid by the Client. • 30 percent of the fee for field studies will be invoiced immediately upon authorization to cover equipment and mobilization costs. Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse LGC for all costs related to their unanticipated discovery. 1319 Calle Avanzado • San Clemente • CA 92673-6351 a (949) 369-6141 • Fax (949) 369.6142 9 Laboratory Charees Test 0 Rate MoistureContent.............................................................................................................................. $ 10.00 Moisture and Density (ring samples)....................................................................................................20.00 Moisture and Density (shelby tube)...................................................................................................... 60.00 Maximum Dry Density (optimum moisture content).......................................................................... 150.00 Maximum Density Checkpoint............................................................................................................. 75.00 Specific Gravity — Fine Aggregate........................................................................................................ 85.00 Specific Gravity — Coarse Aggregate.................................................................................................... 80.00 SieveAnalysis....................................................................................................................................... 70.00 HydrometerAnalysis.......................................................................................................................... 105.00 Sieve and Hydrometer Analysis.......................................................................................................... 150.00 Percent Passing No. 200 Sieve..............................................................................................................55.00 Liquid Limit and Plastic Limit............................................................................................................ 115.00 Liquid Limit — Non Plastic (1 pt)........................................................................................................... 80.00 SandEquivalent.................................................................................................................................... 80.00 ExpansionIndex.................................................................................................................................. 145.00 Direct Shear (shear rate of 0.05 in./min.)............................................................................................ 250.00 Direct Shear (shear rate of lower than 0.05 in./min.)..........................................................................290.00 SinglePoint Shear.................................................................................................................................90.00 Consolidation (w/o time rate).............................................................................................................. 185.00 w/time rate, add (per increment)....................................................................................................45.00 w/extra load, add (per load)...........................................................................................................40.00 CollapseTest....................................................................................................................................... 100.00 R -Value (untreated).............................................................................................................................275.00 R -Value (treated).................................................................................................................................300.00 CBR (untreated) per point................................................................................................................... 175.00 SulfateContent...................................................................................................................................... 50.00 ChlorideContent...................................................................................................................................50.00 pHand Resistivity.............................................................................................................................. 175.00 Caltrans216 Compaction....................................................................................................................200.00 Triaxial testing, residual shear testing, permeability, abrasion, and special testing will be charged at hourly rates. Materials testing fees and additional laboratory testing fees will be provided upon request. Laboratory samples will be retained for 60 days. A monthly storage fee of $3.00 per bag/$1.00 per ring will be assessed if longer storage is required. Weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be determined on a project -by -project basis. 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL Hill d�aln � j,(%,� IIIYIIOIIIFI • nruuun � 1961 1776 Tim Lawson Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 DATE: August 27, 2008 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMASw.HRMAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: Personal Services Agreement — Los Rios Park & Parking Lot Improvement Project Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please contact me at (949) 443-6309. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer (949) 443-6353. An original agreement is enclosed for your records. Cc: Khoon Tan, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper 8/19/2008 AGENDA REPORT G 1 a TO: Dave Adams, City Manager FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract for The Los Rios Park and Parking Lot Improvement Project and Approval of Personal Services Agreements for Construction Support Services With Lawson & Associates Geotechnical Consulting (LGC), PCR Services Corporation Associates (PCR), Moore lacofano Goltsman, Inc. (MIG), David Volz Design (DVD), and Barbara Butler Artist -Builder, Inc. (BBAB). (Environmental Construction, Inc.)(CIP No. 465) City Council Priority No. 17A By motion, 1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP No.465) to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80, and reject all other bids; and, 2. Approve Personal Service Agreements with Lawson & Associates Geotechnical Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc., David Volz Design, and Barbara Butler Artist -Builder, Inc. for construction support services in the total amount of $254,340. SITUATION A. Summary and Recommendation Bids opened on June 17, 2008, for the Los Rios Park and Parking Lot Improvement Project. Bids are valid until September 15, 2008, a period of ninety (90) days from the opening date. Staff is recommending that the City Council award the contract to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80, and approve the Personal Services Agreements with LGC, PCR, MIG, DVD, and BBAB for construction support services in the combined amount of $254,340 as specifically provided below. B. Background On May 6, 2008, City Council approved the Plans and Specifications for the Los 0 Agenda Report 0 August 19, 2008 receive bids for construction. A total of twelve (12) bids were received with the three lowest bids listed as follows: Environmental Construction, Inc. $2,880,529.80 Metro Builders $2,995,618.26 Zusser Company, Inc. $3,059,505.30 R.M Electrical, CME Masonry, Fence Corp., SM Scott Michael, Golden State Framers, and Mesa Roofing were listed as subcontractors for the low responsible bidder, Environmental Construction, Inc. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS On April 4, 2006, City Council approved the Los Rios Park Master Plan and directed staff. to prepare construction plans and specifications for the project. Over the last year, the conceptual designs and detailed plans have been reviewed by the Design Review Committee, Parks, Recreation & Equestrian Commission, Cultural Heritage Commission and Planning Commission. On August 21, 2007, City Council reviewed the comments and recommendations by City Commissions and Committees and directed staff to proceed with development of project construction plans and specifications. On May 6, 2008, City Council approved the Plans and Specifications for the project and directed staff to advertise and received bids for construction. FINANCIAL CONSIDERATIONS A total of $3,535,000 is budgeted for construction in CIP account number 12-65300-4713- 465 for FY 2007-2008. Funding in this account is made up of the following: • 2002 Resources Bond Act Per Capita Grant Program $ 220,000 • 2002 Resources Bond Act Roberti-Z'berg-Harris Block Grant $ 93,963 • Community Redevelopment Agency (CRA) $ 1,250,000 • Community Facility District (CFD) $ 1,000,000 • Parks & Recreation $ 971,037 In addition to Environmental Construction's base bid of $2,880,529.80, staff is recommending the inclusion of bid alternates (or "add items") in the amount of $50,063 as part of the project for a total contract amount of $2,930,592.80, as follows: • Equestrian fencing $ 24,063 • Secondary irrigation system $ 26,000 Due to limited funding, the following bid alternates are deferred from construction at this time. Component items may be added in the latter part of construction depending on available contingency funds for this project: 0 0 Agenda Report August 19, 2008 Paqe 3 Arbors ("C", "D", and "E") Landscape boulders ("R1", "R2", and "R3" boulders) Staff is also recommending the following construction support services to complement staff inspection and review of the project, and for the fabrication, delivery, installation, and certification of a play structure in the total amount of $254,340 to be included as part of the project: • Geotechnical (LGC) $ 13,510 • Archeologist & Native American Monitor (PCR) $ 53,710 • ADA Inspector/ Certification (MIG) $ 11,280 • Landscape / Civil / Electrical Consultants (DVD) $ 35,940 • Barbara Butler Artist -Builder, Inc. (BBAB) $ 139,900 Related development permit and other fees / charges in the total amount of $160,764 for the construction of this project are as follows: • Recycled Water Development Charges $ 12,870 Domestic Water Development Charges $ 94,444 • Grading, Landscaping & Building Permit Fee $ 200 Sewer Connection Fee $ 4,075 • Drainage Fee $ 4,175 Project Administration / Construction Management / Inspection $ 45,000 In summary, a total funding of about $3,345,697 will be needed to construct the project. Based on available project funds of about $3,454,000 (as of June 30, 2008), a contingency fund of approximately $108,303 (about 3.8% of the base bid amount) is available to address any unforeseen circumstance(s) that may arise during construction. Future maintenance costs for the Los Rios Park and parking lot facilities will be assessed after completion of the project. NOTIFICATION CAL -PAC Engineering Company, Inc. Landmark Site Contractors SMC Construction Company Metro Builders & Engineers Group, Ltd. C.S. Legacy Construction, Inc. Pima Corporation Zusser Company, Inc. 0 0 Agenda Report Page 4 Great West Contractors, Inc. Park West Landscape, Inc. Los Angeles Engineering, Inc.. Bluefin Construction, Inc. Environmental Construction, Inc. Lawson & Associates Geotechnical Consulting, Inc. PCR Services Corporation Moore lacofano Goltsman, Inc. David Volz Design Barbara Butler Artist -Builder, Inc RECOMMENDATION By motion, August 19, 2008 1. Award the contract for the Los Rios Park and Parking Lot Improvement Project (CIP 465) to the low responsible bidder, Environmental Construction, Inc., in the amount of $2,930,592.80, and reject all other bids; and, 2. Approve Personal Service Agreements with Lawson & Associates Geotechnical Consulting, PCR Services Corporation Associates, Moore lacofano Goltsmans, Inc., David Volz Design, and Barbara Butler Artist -Builder, Inc. for construction support services in the total amount of $254,400. Respectfully submitted: Prepared by: Nasser Abbaszadeh, P. E. Khoon Tan, P.E. Public Works Director Associate Engineer Attachment(s): 1. Contract (Environmental Construction, Inc.) 2. Personal Services Agreements (LGC, PCR, MIG, DVD and BBAB) 3. Location Map CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" and ENVIRONMENTAL CONSTRUCTION. INC. hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard SMecifications for Public Works Construction "Green Book". 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of LOS RIOS PARK AND PARKING LOT IMPROVEMENTS in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, One Thousand Dollars ($1,000) per calendar day for each day delayed; provided that extensions of C-1 ATTACHMENT 0 0 time with waiver of liquidated damages, may be granted as provided in the Specifications. FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be foran amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as a named insured, which such policies shall be of an amount not less than Two Million Dollars combined single limit. Insurance certificates shall be for a minimum period of one year. CONTRACTOR shall maintain in full force and effect automobile liability coverage, C-2 including owned, hired, and non -owned vehicles in the following minimum amounts: $1,000,000 property damage; $1,000,000 injury to one person/any one occurrence/ not limited to contractual period; $2,000,000 injury to more than one personlany one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attached rider providing that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than 30 days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation ofthe provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. C-3 0 0 IN WITNESS WHEREOF, this contract is executed by the duly authorized agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. Dated: ATTEST: Margaret R Monahan, City Clerk APPROVED AS TO FORM: -144 (; Omar Sandoval, City ttorney City of San Juan Capistrano M Joe Soto, Mayor By: C tractor License No. T t g , C,;) -4 - Classification C-4 9 0 ATTACHMENT 2 The Personal Service Agreements for the following item are available for review at the City Clerks office: Lawson & Associate Geotechnical Consulting PCR Services Corporation Associates Moore lacofano Goltsman, Inc. David Volz Design Barbara Butler Artist -Builder • V THE CITY OF SAN JUAN CAPISTRANO N A LOS RIOS PARK SITE 114, LOS RIOS PARK AND PARKING LOT PROJECT (CIP NO. 465) a 9000 6000 9000 Feel ATTACHMENT