06-0321_IWATER_Personal Services AgreementPERSONAL SERVICES AGREEMENT
t� , , [F�I� �4GREEMENT is made and entered into this day of
006, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and iWater, (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor to exercise valves
and hydrants as part of the City's valve and hydrant exercise maintenance program
within the City of San Juan Capistrano.
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in Exhibit "A," Scope of Work, attached and incorporated herein by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed no later than June 30, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services shall be billed as set forth in Exhibit
"B", Contractor's Job Proposal, attached and incorporated herein by reference.
3.2 Rate Schedule.
SD
0
3.2 Rate Schedule.
The services shall be billed to the City at the rate set forth in Exhibit "B,"
Contractor's Job Proposal, attached and incorporated herein by reference. Included
within the compensation are all of the Contractor's ordinary office and overhead
expenses incurred by it, its agents and employees, including meetings with the City
representatives and incidental costs to perform the stipulated services. Submittals shall
be in accordance with Contractor's proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
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Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All
reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
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Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Contractor's
professional services.
Section 13. Indemnity.
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
Page 4
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Not applicable.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
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Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Contractor: iWater
11-A Marconi
Irvine, CA 92618
Attn.: Mr. Don Rhodes
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.
ATTEST:
UL /V �-�
Monahan, City Clerk
APPROVED AS TO FORM:
—�4�1-
John R. Sh w, City Attorney
Page 7
CITY OF SAN JUAN CAPISTRANO
By:
David M. 8werdlin, Mayor
IWATER
By:`-Dm,-Uw OLL-
0 0
City of San Juan Capistrano — Water Division
Scope of Work
Valve and Hydrant Exercise Program
Project area consists of all defined main streets within the City of San Juan Capistrano.
There are as many as 2500 valves that need to be exercised, including distribution and
hydrant isolation valves. The majority of the valves are located on residential streets
that can be worked on during the day. However, there are approximately 250 valves
that are located on major arterials, which will require night work and appropriate traffic
control.
Exercise Program:
• Remove valve lid, vacuum clean valve can, operate valve completely from open
to closed position, replace lid, and paint lid color as defined by the Water
Distribution Supervisor.
• Operate valve in a complete cycle and record number of turns to close.
• Measure depth from street level to top of valve operating nut.
• All closed valves need to be identified, defined, and mapped for reports in PDF
and shape file formats.
• For normally closed valves: All closed valves are labeled as "CLS" in the atlas
maps. Do not exercise these valves. Some lids are painted red and have a PVC
riser with a red cap on them. If a closed valve is located, notify the Water
Distribution Supervisor to confirm whether or not the valve should remain closed,
or if it can be exercised and left open.
• Paint V -marker on adjacent curb: paint it blue for "domestic" and purple for "non-
domestic".
• Paint valve lid yellow for "domestic' and purple for "non domestic". All hydrant
valves will be painted both blue and yellow.
• Record problems with valve or fire hydrant operation.
• Record GPS location of valve and fire hydrant based on NAD83, California State
Plane Zone VI.
• Hydrant isolation valves need to be closed to confirm they are isolation valves.
After isolation valves are closed, all hydrant ports need to be opened and flushed
only to remove water in the lateral. Finally, ports are to be closed and isolation
Page 19
EXHIBIT "A"
0 •
valves opened. Any out -of -service hydrants need to be bagged and reported to
the Water Distribution Supervisor the same day. Reports must be forwarded via
e-mail the following day. Reports shall include map and address location in PDF
format in e-mail.
• All valves operated must be sub -meter GPS surveyed with differential accuracy
included. These will be included in database report and in map format.
• Each day, a report must be either faxed or e-mailed to the Water Distribution
Supervisor defining the area that was worked on that day. In addition, a report
also needs to be faxed or e-mailed to the Water Distribution Supervisor defining
the area of work for the following day.
• Updates outlining the progress of the project shall be forwarded to the Water
Distribution Supervisor on a weekly basis.
Final reports will contain a database of work completed with operational status,
valve function, and any problems found. This database will be in dbf format and
will work together with map shape files (Shape files as Arc View shape file format
with file registered to California State Plane Coordinate System Zone VI, 1983.)
for incorporation of existing mapping system used within the City of San Juan
Capistrano. Both database and maps must be printed and saved on CDs for
future use.
Contractor must have current California contractor's license in good standing with
the state and must be able to supply proof of insurance. All lead crew personnel
must have current Class 2 Distribution certification from the California,
Department of Health Services.
• All work must be completed by June 30, 2006.
Page 20
I
PROPOSAL
I VALVE AND HYDRANT EXERCISE PROGRAM
From: G 60ra4e61) -z-'? G.
ICONTRACTOR
To the Honorable City Council
City of San Juan Capistrano
The undersigned, as proposer, declares that he has carefully examined the location of
the proposed work as described, examined the Specifications and General Provisions,
read the Instructions to Proposers, and is familiar with all proposal requirements, and
hereby proposes and agrees, if the proposal is accepted, to complete said contract in
accordance with the Contract Documents for the following:
VALVE AND HYDRANT EXERCISE PROGRAM - FY 2005/2006
Number of
Valves/Hydrants to
be Exercised
Price Per
Valve/Hydrant to be
Exercised
Total Price
1200-2500 =$3 .Ov$Ps";cze,,00
Signature of Bidder
I '2
Date
Page 6 EXHIBIT "B"
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AGENDA REPORT
0 3/7/2006
TO: Dave Adams, City Manager 9t. -
FROM: Amy Amirani, Public Works Director
SUBJECT: Consideration of an Agreement for Valve and Fire Hydrant Maintenance
Services (iWater)
RECOMMENDATION:
By motion, approve the agreement for valve and fire hydrant maintenance services
with Water in the amount of $80,000, and authorize the Mayor to execute the
agreement.
SITUATION:
Pursuant to the Department of Health Services, it is the responsibility of the Water
division of the Public Works Department to ensure that the fire hydrants and the water
valves throughout the City are functional. To achieve this, the goal of the Water division
is to exercise all hydrants and valves in the system. Exercising a water valve consists
of cleaning out the valve can, vacuuming the inside, making sure the valve is in the
correct position (either opened or closed) by operating it, and counting the number of
turns necessary to dose it. Exercising a fire hydrant consists of opening and closing the
hydrant, and flushing water through to ensure that it is operating properly. To augment
City forces, staff solicits proposals from contractors to perform the above mentioned
tasks.
In addition to exercising, the hydrants and valves are also monitored and data is
collected from them. The data that is obtained through regular maintenance such as
the number of turns to close a valve, depth from the street surface to the top of the
valve, and any operational problems associated with a valve or hydrant, is recorded in
order to schedule further maintenance or replacement of valves and hydrants as
necessary.
The location of the valves and hydrants and any other data available are then
downloaded into the City's existing ARC/View digital mapping program. This
information may be used by the Public Works Department for engineering of valve and
fire hydrant replacement or improvement projects. In addition, this will also provide an
opportunity to make any necessary adjustments when updating the City's digital atlas
map of the existing water facilities.
In fiscal year 2004/2005, County Hydrant and Valve Service, Inc., exercised
approximately 1200 valves and hydrants at an average cost of $25.75 per unit. On
Agenda Report •
Page 2
• March 7. 2006
January 24, 2006, staff issued a request for proposals to five qualified contractors to
perform valve and hydrant exercising services in residential areas that do not require
night work and main arterials that do require night work. On February 9, 2006, staff
received only one proposal, which is summarized below.
The number of valves and hydrants needing to be exercised is, at a minimum, 1200 and
a maximum of 2500. However, since the budget for this program has already been
determined, approximately 2350 valves/hydrants will be exercised this fiscal year at a
unit price of $34.00.
NOTIFICATION:
iWater
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The fiscal year 2005/2006 operating budget has sufficient funds in account 50-62263-
4461 to cover valve and hydrant maintenance costs of $80,000.
RECOMMENDATION:
By motion, approve the agreement for valve and fire hydrant maintenance services
with County Hydrant & Valve Service in the amount of $80,000, and authorize the
Mayor to execute the agreement.
Respectfully Submitted, Prepared by,
QMnv�
l G
Amy Amirani Kat len Spr nger (�
Public Works Director Management Analyst II
Attachments: 1. Personal Services Agreement
Water
1200-2500
All Valves/Hydrants = $34.00/ea.
The number of valves and hydrants needing to be exercised is, at a minimum, 1200 and
a maximum of 2500. However, since the budget for this program has already been
determined, approximately 2350 valves/hydrants will be exercised this fiscal year at a
unit price of $34.00.
NOTIFICATION:
iWater
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS:
Not applicable.
FINANCIAL CONSIDERATIONS:
The fiscal year 2005/2006 operating budget has sufficient funds in account 50-62263-
4461 to cover valve and hydrant maintenance costs of $80,000.
RECOMMENDATION:
By motion, approve the agreement for valve and fire hydrant maintenance services
with County Hydrant & Valve Service in the amount of $80,000, and authorize the
Mayor to execute the agreement.
Respectfully Submitted, Prepared by,
QMnv�
l G
Amy Amirani Kat len Spr nger (�
Public Works Director Management Analyst II
Attachments: 1. Personal Services Agreement
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2006, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and iWater, (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor to exercise valves
and hydrants as part of the City's valve and hydrant exercise maintenance program
within the City of San Juan Capistrano.
WHEREAS, Contractor is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as
set forth in Exhibit "A," Scope of Work, attached and incorporated herein by reference.
Contractor warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed no later than June 30, 2006.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services shall be billed as set forth in Exhibit
"B", Contractor's Job Proposal, attached and incorporated herein by reference.
3.2 Rate Schedule.
ATTACHMENT
0 0
3.2 Rate Schedule.
The services shall be billed to the City at the rate set forth in Exhibit "B,"
Contractor's Job Proposal, attached and incorporated herein by reference. Included
within the compensation are all of the Contractor's ordinary office and overhead
expenses incurred by it, its agents and employees, including meetings with the City
representatives and incidental costs to perform the stipulated services. Submittals shall
be in accordance with Contractor's proposal.
3.3 Method of Payment.
Contractor shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor undertaking any extra work.
3.4 Records of Expenses.
Contractor shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Contractor is
permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
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Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Contractor's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Contractor warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Contractor discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Contractor.
Section 11. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor's
findings, conclusions, and recommendations with any support documentation. All
reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Page 3
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Contractor's
professional services.
Section 13. Indemni .
Contractor agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Contractor arising out of or in connection with the work, operation or
activities of Contractor, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Contractor shall maintain in full force and
effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in the following minimum amounts:
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$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Contractor shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Not applicable.
14.6 Notice of Cancellation/Term!nation of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Contractor has complied with all
insurance requirements of this Agreement.
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Section 15. Termination.
City and Contractor shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn.: Public Works Director
To Contractor: iWater
11-A Marconi
Irvine, CA 92618
Attn.: Mr. Don Rhodes
Section 17. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Page 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. $fiaw, City Attorney
Page 7
CITY OF SAN JUAN CAPISTRANO
In
David M. Swerdlin, Mayor
[WATER
By" l )a,,dW Of4f—
City of San Juan Capistrano — Water Division
Scope of Work
Valve and Hydrant Exercise Program
Project area consists of all defined main streets within the City of San Juan Capistrano.
There are as many as 2500 valves that need to be exercised, including distribution and
hydrant isolation valves. The majority of the valves are located on residential streets
that can be worked on during the day. However, there are approximately 250 valves
that are located on major arterials, which will require night work and appropriate traffic
control.
Exercise Program:
• Remove valve lid, vacuum clean valve can, operate valve completely from open
to closed position, replace lid, and paint lid color as defined by the Water
Distribution Supervisor.
• Operate valve in a complete cycle and record number of turns to close.
• Measure depth from street level to top of valve operating nut.
• All closed valves need to be identified, defined, and mapped for reports in PDF
and shape file formats.
• For normally closed valves: All closed valves are labeled as "CLS" in the atlas
maps. Do not exercise these valves. Some lids are painted red and have a PVC
riser with a red cap on them. If a closed valve is located, notify the Water
Distribution Supervisor to confirm whether or not the valve should remain closed,
or if it can be exercised and left open.
• Paint V -marker on adjacent curb: paint it blue for "domestic" and purple for "non-
domestic".
• Paint valve lid yellow for "domestic" and purple for "non domestic'. All hydrant
valves will be painted both blue and yellow.
• Record problems with valve or fire hydrant operation.
• Record GPS location of valve and fire hydrant based on NAD83, California State
Plane Zone VI.
• Hydrant isolation valves need to be closed to confirm they are isolation valves.
After isolation valves are closed, all hydrant ports need to be opened and flushed
only to remove water in the lateral. Finally, ports are to be closed and isolation
Page 19 EXHIBIT "A"
• 0
valves opened. Any out -of -service hydrants need to be bagged and reported to
the Water Distribution Supervisor the same day. Reports must be forwarded via
e-mail the following day. Reports shall include map and address location in PDF
format in e-mail.
• All valves operated must be sub -meter GPS surveyed with differential accuracy
included. These will be included in database report and in map format.
• Each day, a report must be either faxed or e-mailed to the Water Distribution
Supervisor defining the area that was worked on that day. In addition, a report
also needs to be faxed or e-mailed to the Water Distribution Supervisor defining
the area of work for the following day.
• Updates outlining the progress of the project shall be forwarded to the Water
Distribution Supervisor on a weekly basis.
Final reports will contain a database of work completed with operational status,
valve function, and any problems found. This database will be in dbf format and
will work together with map shape files (Shape files as Arc View shape file format
with file registered to California State Plane Coordinate System Zone VI, 9983.)
for incorporation of existing mapping system used within the City of San Juan
Capistrano. Both database and maps must be printed and saved on CDs for
future use.
Contractor must have current California contractor's license in good standing with
the state and must be able to supply proof of insurance. All lead crew personnel
must have current Class 2 Distribution certification from the California,
Department of Health Services.
• All work must be completed by June 30, 2006,
Page 20
PROPOSAL
VALVE AND HYDRANT EXERCISE PROGRAM
�L.i?zKv Ln+G.
From: �
CONTRACTOR
To the Honorable City Council
City of San Juan Capistrano
The undersigned, as proposer, declares that he has carefully examined the location of
the proposed work as described, examined the Specifications and General Provisions,
read the Instructions to Proposers, and is familiar with all proposal requirements, and
hereby proposes and agrees, if the proposal is accepted, to complete said contract in
accordance with the Contract Documents for the following:
VALVE AND HYDRANT EXERCISE PROGRAM — FY 2005/2006
Number of Price Per Total Price
Valves/Hydrants to Valve/Hydrant to be
be Exercised Exercised
1200-2500 $
-7 J'ra e4.0 Com)1cu sem--_..__
Signature of Bidder
Date
Page 6 EXHIBIT "B"
3/7/2006
SUPPLEMENTAL AGENDA REPORT D8
TO: Dave Adams, City Manager &I`
FROM: Amy Amirani, Public Works Director Ar
SUBJECT: Consideration of an Agreement for Valve and Fire Hydrant Maintenance
Services (iWater)
Please note that the Recommendation shown on Page 2 in the Agenda Report for the
above item should read as follows:
RECOMMENDATION:
By motion, approve the agreement for valve and fire hydrant maintenance services
with iWater in the amount of $80,000, and authorize the Mayor to execute the
agreement.
Thank you.
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
March 8, 2006
0
�;�
L� IA[AAiAAA1fA
nlAnlsem 196)
1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
VJYATT HART
JOE SOTO
DAVID M. SWERDLIN
On March 7, 2006 the City Council of San Juan Capistrano met regarding:
"Consideration of an Agreement for Valve and Fire Hydrant Maintenance Services
(!Water)" Item No. D8.
The following action was taken at the meeting: Agreement for valve and fire hydrant
maintenance services it !Water, in the amount of $80,000 approved; and the
Mayor authorized to execute the agreement.
If you have any questions regarding this action, please contact Kathleen Springer,
Management Analyst II at 443-4306 for more detailed information.
Thank you,
Meg Monahan, CMC
City Clerk
Enclosed:
Cc: iWater; Kathleen Springer, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recycled paper
•
32400 PASEO ADEI-ANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
0
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETfAU_OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 7, 2006 in the
City Council Chamber in City Hall, to consider: "Consideration of an Agreement for
Valve and Fire Hydrant Maintenance Services (iWater)" — Item No. D8.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, March 6, 2006 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Kathleen Springer,
Management Analyst II. You may contact that staff member at (949) 443-4306 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-aoendasesanivancapistrano.ora.
Meg Monahan, CMC
City Clerk
cc: Water; Kathleen Springer, Management Analyst II
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
iJ Printed on recycled paper
L
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 4931053 FAx
www.sanjuancapistrano. org
March 21, 2006
iWater
11-A Marconi
Irvine, CA 92618
Attn: Mr. Don Rhodes
Dear Mr. Rhodes:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
A fully executed, original Personal Services Agreement related to exercising valves and
hydrants is enclosed for your records.
Thank you for forwarding documentation confirming current compliance with the terms
of insurance under your agreement with the city. Please keep in mind that should this
documentation lapse, all work under this agreement must stop and all payments will be
withheld until we receive proper evidence of insurance.
You may proceed with work under this agreement in coordination with the project
manager, Kathleen Springer, Acting Public Works Director (949) 487-4306.
Thank you,
CMC
Kathleen Springer, Acting Public Works Director
San Juan Capistrano: Preserving the Past to Enhance the Future
A
►�,, Pnnted on recycled paper
E
L
CITY CLERK'S DEPARTMENT - ACTION REMINDER
T fir, is ors irector
,j`" . FWM Maria Guevara, Deputy City Clerk DATE: June 15, 2006
SITUATION:
At their meeting on March 7, 2006 the City Council of the City of San Juan Capistrano
approved a Personal Services Agreement with iWater for valve and hydrant exercises as
part of the City's valve and hydrant exercise maintenance program within the City of San
Juan Capistrano.
Said agreement shall commence on March 21, 2006.
Said agreement shall terminate on June 30, 2006
ACTION REQUESTED:
Please notify this office if agreement has been extended or completed.
ACTION TO BE TAKEN:
Ulk, 14
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
SIGNATURE OF OFFICIAL TAKING ACTION:/U[ lY.t.�.l "�C/l.Ci'—�'
DATE SIGNED:
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 06/15/06
Deadline Date: 06/30/06
cc: Kathleen Springer
(600.30/iWater)