08-0819_PCR SERVICE CORPORATION_Personal Services Agreement0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this 1 gth day
of August, 2008, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and PCR Services Corporation (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to conduct
Archeological and Native American monitoring 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 Fifty Three
Thousand Seven Hundred and Ten Dollars ($53,710) 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.
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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.
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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.
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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
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single. limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
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
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
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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.
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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: PCR Services Corporation
One Venture, Suite 150
Irvine CA 92618
Attn: Marcy Rockman, Ph.D., RPA
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUA"APISTRANO
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Joe ,goto, Mayor
PCR'SERVICES CORPORATION
APPROVED AS TO FORM:
bmjiry aj"�0)4 (
Omar Sand Val, City Attorney
Steven G. Nelson
Senior Vice President
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EXHIBIT "A"
June 4, 2008
David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
Planning Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
C�
PCR
Re: PROPOSAL TO CONDUCT ARCHAEOLOGICAL MONITORING SERVICES OF
THE LOS RIOS PARK SITE (6.97 ACRES), CITY OF SAN JUAN CAPISTRANO,
ORANGE COUNTY, CALIFORNIA
Dear Mr. Contreras:
PCR Services Corporation (PCR) appreciates the opportunity to provide the City of San
Juan Capistrano (City) with this proposal to conduct archaeological monitoring services for the
above -referenced project. We have prepared an itemized Scope of Work, Budget, and Schedule
based on the project information you provided. Per your request, this Scope of Work includes
Native American monitoring services and supercedes two previous scopes and budgets submitted to
the City on February 27 and May 27, 2008. All work will be performed or coordinated by qualified
PCR staff archaeologists who are experienced in Orange County archaeology.
The estimated budget for archaeological monitoring at the above -referenced project is
approximately $53,710, including Native American subcontracting expenses and direct expenses
billed in accordance with the PCR Direct Expenses and Billing Terms included at the end of this
proposal. If this proposal, and the terms and conditions contained herein, are acceptable to you,
please indicate your authorization and return one signed copy to us for our files. If you have any
questions, please Marcy Rockmart at (310) 451-4488 or via email at m.rockman@pernet.com.
Thank you for your consideration.
Sincerely,
PCR SERVICES CORPORATION
Mar/Rockmart, Ph.D., RPA
Acting Director/Principal Archaeologist
Attachment
One venture, Suite 150, Irvine, California 92618 INTERNET www.pernet.com TEL 949.753.7001 rnx 949.753.7002
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David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 2
PROJECT UNDERSTANDING
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SCOPE OF WORK AND BUDGET
PCR
The following scope of work has been prepared to assist the City with archaeological
monitoring services during planned grading and excavation operations at the Los Rios Park Project
(project site) located in the City of San Juan Capistrano (City), California. The planned grading and
excavation operations include trenching for multiple piping systems (water, sewer, etc.), grading of
the entire site, as well as excavations to transplant 36 boxed trees. PCR understands that ground
disturbing work requiring monitoring is anticipated to last for 90 days (18 weeks), with an
anticipated intensity of 20 hours of monitoring per week. The scope of work includes project
management, archaeological and Native American monitoring, and reporting. Analysis and cur ation
of any cultural resources recovered during monitoring will covered under a separate future scope of
work, if resources are identified. Specific task details and cost estimates are as follows:
Task 1: Archaeological Project Management
PCR will provide a qualified archaeologist to oversee monitoring of grading and excavation
activities at the project site. A qualified archaeologist is defined as meeting the Secretary of the
Interior Professional Qualification Standards for Archaeology, an industry -wide standard. The
archaeologist will attend a pre -grade conference and develop a monitoring plan. This plan will
include procedures for temporarily halting or redirecting work to permit sampling, identification,
and evaluation of resources, as appropriate. This plan will be communicated to the archaeological
monitor, on-site construction staff, and the City.
The estimated cost for this task includes attendance at the pre -grade conference, preparation
of the monitoring plan, oversight of the archaeological monitoring, and project -related management
and coordination with the City. Project management may vary weekly, pending excavation and
monitoring schedules. The cost estimate below is based on an average of three (3) hours per week
for the 90 -day (18 -week) duration of the project. The cost estimate includes related direct expenses,
such as mileage to and from the pre -grade conference. If less management time is required, the
remaining balance will not be billed. If resources are identified during monitoring that require
additional evaluation and coordination, PCR will provide a supplemental cost estimate. PCR will
not exceed the amount below without prior approval from the City.
Estimated Cost: $6,800
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David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 3
Task 2: Archaeological Monitoring
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PCR
PCR will provide a monitor qualified to identify archaeological resources. The monitor will
observe all ground -disturbing activities and will follow the monitoring plan established by the
archaeologist (Task 1, above) in the event that cultural resources are identified.
The estimated cost below is based on one archaeological monitor at the rate of $53 per hour
for an average of 20 hours per week plus associated direct costs such as mileage between PCR's
Irvine office and the project site for the duration of approximately 90 days. If excavation plans
require additional monitors, PCR will provide a second archaeological monitor at the rate of $96 per
hour. If less monitoring effort is required, the remaining balance will not be billed. If excavation
plans require a more intensive monitoring schedule and/or extend beyond the anticipated 90 -day
schedule, or if archaeological resources are identified during monitoring that require additional
evaluation or work, PCR will contact the City and submit an additional cost estimate. PCR will not
exceed the estimated cost below without notifying the City.
Estimated Cost: $19,800
Task 3: Native American Monitoring
Per request of the City, PCR will coordinate Native American monitoring of the Project.
Recent correspondence with the Native American Heritage Commission has determined that six
Native American groups are known to be affiliated with the project site and vicinity. PCR will
consult with these groups with the objective of identifying an appropriate Native American monitor.
Alternately, a schedule of monitors from two or more groups may be developed. Recent reported
Native American monitoring rates for the vicinity of the City range from $45 to $80-$100/hour.
PCR will endeavor to organize monitoring such that the hourly rate is approximately $45/hour. If
Native American input is received such that incorporation of some Native American monitoring
services at a higher rate is the best practice for the project, PCR will review this approach with the
City and develop a supplemental scope for the related costs. Estimated costs below are based on
Native American monitoring at $45/hour per the schedule described in Task 2, above (20 hours per
week for 18 weeks), and approximately four hours per week of project management by senior staff.
Project management may be conducted by Native American staff or PCR staff, as necessary and
appropriate. As noted in Tasks 1 and 2 above, if less monitoring or coordination effort is required,
the remaining balance will not be billed. If excavation plans require a more intensive or extended
schedule, or if resources are identified during monitoring that require additional evaluation or work,
PCR will contact the City and submit an additional cost estimate.
Estimated Cost: $25,610
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David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 4
Task 4: Monitoring Report
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7 PCR
Upon completion of the archaeological monitoring, PCR will prepare a letter report that
includes a project area map. This report shall address whether or not potentially significant cultural
resources were encountered. The cost estimate for this task assumes a "negative findings" letter
report. If archaeological materials are uncovered during monitoring that require additional analysis
and documentation, such as description on a California Department of Parks and Recreation (DPR)
site form which is the standard for submission of archaeological information to the California
Historical Resources Information System, PCR will contact the City and submit an additional cost
estimate.
Estimated Cost: $1,500
Task 5: Participate in Project -related Meetings and Updates
PCR also will be available to attend and participate in project -related meetings and respond
to project updates, if requested by the City. For purposes of this proposal, we have not estimated a
cost but will make available the appropriate senior staff on a Time and Materials basis.
Estimated Cost: T&M
Total Estimated Cost: $53,710
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David Contreras, Associate Planner IM
CITY OF SAN JUAN CAPISTRANO 94
June 4, 2008 - Page 5
SCHEDULE
The time frames indicated below shall begin immediately upon our receipt of this signed
contract agreement.
Task 1:
Project Management
Begins with pre -grade meeting, then through week 18
Task 2:
Archaeological Monitoring
Weeks 1-18
Task 3:
Native American Monitoring
Weeks 1-18
Task 4:
Monitoring Report
2 weeks after completion of monitoring
Task 5:
Participate in Project -related
Ongoing
Meetings and Updates
Deliverable Products:
PCR will provide the City with the following deliverable products -resulting from the
activities outlined in this scope of work:
1. One (1) electronic and two (2) printed copies of the report on archaeological monitoring
at Los Rios Park. One additional copy of the report will be submitted to the California
Historical Resources Information System South Central Coastal Information Center at
California State University, Fullerton.
ACCEPTANCE AND AUTHORIZATION
If this proposal meets with your approval, please sign this letter and return a copy to us for
our records.
Accepted and approved:
CITY OF SAN JUAN CAPISTRANO
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Date:
Additional copies will be billed on a cost plus 10% basis.
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David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 6
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J7 =PCR
PCR 2008 BILLING RATES AND EXPENSE CHARGES
PROFESSIONAL TIME
Environmental Planning & Documentation
President ...............................
Director/Principal.................
Principal ...............................
Associate Principal ..............
Principal Planner ..................
Senior Planner ......................
Planner .................................
................................................................................. $296.00
................................................................................. $210.00
Associate Planner ......................
Assistant Planner .......................
Biological Services
Principal/Director...............
Associate Principal ............
Principal Biologist .............
Senior Biologist .................
Biologist .............................
Associate Biologist............
Assistant Biologist .............
Air Ouality Services
Director.......................................................................
Associate Director.......................................................
Principal Engineer/Scientist........................................
Senior Engineer/Scientist............................................
Engineer/Scientist.......................................................
Associate Engineer/Scientist......................................
Assistant Engineer/Scientist.......................................
Air Quality Technician ...............................................
Environmental & Architectural Acoustics
Director......................................................
Principal Acoustics Consultant ..................
Senior Engineer/Scientist ...........................
Engineer/Scientist......................................
Associate Engineer/Scientist .....................
Assistant Engineer/Scientist ......................
$173.00
$153.00
$139.00
$126.00
$109.00
..$96.00
..$84.00
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David Contreras, Associate Planner
CITY OF SAN JUAN CAPISTRANO
June 4, 2008 - Page 7
Cultural Resources Manaeement
Director.........................................................................
Principal Historian/Archaeologist/Paleontologist........,
Senior Historian/Archaeologist/Paleontologist.............
Historian/Archaeologist/Paleontologist .......................
Associate Historian/Archaeologist/Paleontologist ......
Assistant Historian/Archaeologist/Paleontologist .......
Historical/Archaeological/Paleontological Technician
Su000rt
Senior GIS Specialist.........
GIS Specialist ....................
Graphics Specialist ............
Publications Specialist.......
Production Specialist .........
DIRECT EXPENSES
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L7 =PCR
...$179.00
...$151.00
...$126.00
... $109.00
..... $96.00
.....$84,00
..... $53.00
....................................... $109.00
.......................................... $89.00
.......................................... $89.00
.......................................... $ 79.00
.......................................... $74.00
Direct expenses will be billed at 110 percent of actual cost, including but not limited to the
following:
• Retention of subcontractors.
• Purchase or rental of project materials and special supplies.
• Reproduction, printing and photographic costs.
• Postage, delivery, telephone and other communication costs when requested or
approved by client.
• Project -related mileage necessarily incurred.
BILLING TERMS
• Unless other contractual terms are agreed upon, PCR invoices on a monthly basis and
expects payment 30 days from date of invoice.
• PCR's scheduling commitments are made and taken seriously. However, PCR
reserves the right to modify performance schedules in instances where payment of
PCR invoices falls behind agreed-upon terms.
• PCR recalibrates its billing rates for professional time at the beginning of each
calendar year and reserves the right to raise its billing rates for one or more
professional categories by no more than 5 percent twelve months following project
initiation.
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32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
T•�
Marcy Rockman, Ph.D., RPA
PCR Services Corporation
One Venture, Suite 150
Irvine, CA 92618
DATE: September 12, 2008
Jsee
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• Isr\mRn � 1961
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FROM: Maria Morris, Deputy City Clerk (949) 443-6309
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
THOMAS W. HRIBAR
MARK NIELSEN
JOE SOTO
DR LONDRES USO
RE: Personal Services Agreement - Los Rios Park and Parking Lot Improvement Project
Thank you for providing 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
�.� adm•a on Joos Aecyd•a oac•r
X8/19/2008 G
AGENDA REPORT Gla
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
RECOMMENDATION
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. Backaround
On May 6, 2008, City Council approved the Plans and Specifications for the Los
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Agenda Report August 19, 2008
Page 2
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.
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
2-65300-4713-
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 ftems may be added in the latter part of construction depending on
available contingency funds for this project:
•
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Agenda Report August 19, 2008
Page 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.
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Agenda Report August 19, 2008
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
By motion,
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:
i
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
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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
Specifications 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
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ATTACHMENT
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 comprehensive automobile liability coverage,
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including owned, hired, and non -owned vehicles in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one personlany one occurrence/ not limited to contractual period;
$2,000,000 injury to more than one person/any 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 of the provisions of
Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as
permitted by law.
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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.
City of San Juan Capistrano
Dated: By:
ATTEST:
Margaret R Monahan, City Clerk
APPROVED AS TO FORM:
6, -
Omar Sando I, City ttomey
Joe Soto, Mayor
By:
tractor
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License No.
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Classification
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ATTACHMENT 2
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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
THE CITY OF
SAN JUAN CAPISTRANO
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! LOS RIOS PARK SITE
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LOS RIOS PARK
AND PARKING LOT PROJECT
z (CIP NO. 466)
!� 0 3000 6000 9000 Feet
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ATTACHMENT