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09-1006_LAWSON / ASSOCIATES_Personal Services Agreementfi PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 6th day of October, 2009, 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 Consultant to provide construction support services for the City's Sewer Hydraulic Capacity Project No. 2 (CIP 07704); 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 follow& Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A", attached and incorporated herein by reference. 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 and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Eleven Thousand One Hundred and Seventy Dollars ($11,170) 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. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 0 co i 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. K i Section 9. Compliance with Law, E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emr)loyerregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. 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. f Section 13. Indemnity. To the fullest extent permitted bylaw, 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. 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, owned vehicles in an amount not less than one ($1,000,000.00). 11 including owned, hired and non - million dollars per occurrence s 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 by Consultant. The coverage shall contain nospecial, limitations -on the scope of protectionafforded 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 policylpolicies 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. 5 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. 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 Capistrana 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attm Khoon Tan, P. E. To Consultant: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Attn: James Thomasson Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 0 i IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Joe Ta t, Interim City Manager CONSULTANT By: LL l t,4V $oh Lawson &.Associates., Inc - TE Ma R. nahan, Clerk APPROVEDFORM: lo1 �. %- 7 i EXHIBIT "A" Lawson B Associates Geotechnical Consulting, Inc. August 27, 2009 Mr. Khoon Tan City of San Juan Capistrano 32400 Paseo Adelanto Satr Juan Capistrano, CA 92675 Project No. 091072-01 Subject: Proposal to Provide Geotechnical Observation and Testing Services during Trunk Line Sewer and Storm Drain Construction, Alipaz Street and Camino Del Avion, 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 construction of the proposed trunk line sewer and storm drain along Alipaz Street and Camino Del Avion in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Hall & Foreman, Inc., we understand that that the project will include the construction of approximately 2,400 feet of sewer along Alipaz Street, and approximately 110 feet of storm drain along Camino Del Avion. The average depth of the sewer line is approximately 16 feet below the existing ground surface and the average depth of the storm drain line is approximately 4 feet below the existing ground surface. An anticipated construction schedule was not available at the time this proposal was prepared. The purpose of our geotechnical services during construction will be to provide observation and testing of the sewer and storm drain excavation bottom and backfill, and paving. Our services will also include laboratory testing of the encountered soil material for maximum dry density and optimum moisture content. Scone of Geotechnical Services Services provided during construction of the sewer and storm drain lines will include the following: Familiarization with the Specifications and Contract Documents package (including current geotechnical report) for the subject site, provided by you. Observation and testing of excavation bottoms and subsequent trench backfill operations. Our field representatives will be on site on a part-time, on-call basis. Laboratory testing during construction, including maximum dry density and optimum moisture content. Observation and testing of asphalt paving upon completion of trench backfill operations. Our field representatives will be on site on a full-time basis during paving operations. 1319 Calle Avanzado . San Clemente • CA 92673-6351 • (949) 369-6141 • Fax (949) 369-6142 i Preparation of one "As -Built' geotechnical report at the conclusion of construction. Information contained in this report will include a summary and description of our observations, field and laboratory test results, and the geotechnical conditions encountered during construction operations at the site. Note: Our services will only address the geotechnical issues associated with the site and will not address any environmental issues. Cost Estimate Our cost estimate is based upon information provided by you. Since no construction schedule was available at this time, we have estimated a construction duration based on our experience with similar projects. We anticipate that each working day will be comprised of four hours for the part-time portion of the construction, and 8 hours for the full-time portion of the construction. Task Estimated Rate Total Hours • Observation and testing during sewer excavation & backfill - Assume 10 working days to complete@ complete4 hours per da 40 S95 S 3,800.00 • Observation and testing during storm drain excavation & backfill 12 $95 $ 1,140.00 - Assume 3 workingda s to complete 4 hours per da • Observation and testing during paving - Assume 3 working days to complete a) 8 hours per da 24 $95 S 2,280.00 • Laboratory testing (max density & opt. moisture) N/A S 450.00 - Assume 3 tests for entire Project S150 • Project coordination & preparation of final geotechnical re ort N/A N/A S 3,500.00 TOTAL: $11,170.00 We propose to perform the above -listed geotechnical services on a time -and -materials basis in accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Eleven Thousand One Hundred Seventy Dollars ($11,170.00). Our fees are based upon our estimation of the geotechnical services needed for project completion. Fees for field observations and field density testing may be subject to change due to factors beyond our control including (but not limited to) contractor schedule, governmental agency requirements, weather conditions, and type of material used for backfill. Assumptions Please note that the following assumptions have been made in preparation of this proposal and cost estimate: 1. The estimate above is based on an assumed number of days it will take for the contractor to complete each phase of the project and is highly dependant on the type of equipment and method of backfilling used. If the construction schedule varies from the duration estimated above, our fees are subject to modification as required; 2. Contractor will provide shoring and other necessary means of protection, as required, when entry to the sewer trench is required for observation and testing; 3. Contractor may not proceed with pipe placement until the bottom of the excavation has been approved by our field representative; and Project No. 091072-01 Page 2 August 27, 2009 i 4. Construction operations will be performed during normal working hours, Monday through Friday, between 7:00 am to 4:00 pm. Our cost estimate does not included fees for overtime work (more than 8 hours per day) or for work performed on weekends and holidays. Our fees and scope of services shall be adjusted accordingly if any of the above assumptions are invalid for the proposed project. Closure Our geotechnical services will be performed to the general standard of care of geotechnical consulting in Southern California; no other warranty is expressed or implied. If this proposed meets with your approval, please provide us with the necessary work authorization. We will be prepared to start work upon signing a mutually agreeable contract. The opportunity of submitting this proposal is sincerely appreciated. If you should have any questions, please do not hesitate to contact our office. Sincerely, LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING, INC. James Thomasson Project Manager Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 091072-01 Page 3 August 27, 2009 8 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Billine Rate (per hour) WordProcessing............................................................................................................... TechnicianI....................................................................................................................... CADOperator................................................................................................................... Senior Field Technician.................................................................................................... Technician/Senior Technician Prevailing Wage............................................................... StaffEngineer/Geologist................................................................................................... Senior Staff Engineer/Geologist/Scientist........................................................................ Field Supervisor/Operations Manager.............................................................................. Project Engineer/Geologist............................................................................................... Associate Engineer/Geologist........................................................................................... Principal Engineer/Geologist............................................................................................ Eneineerine Eouinment VehicleUsage............................................................ Tiltmeter, Inclinometer Vibration Monitor ................ Nuclear Soil Gauge .................................................... Water Level Sounder .................................................. Portable Generator...................................................... Manometer ............................ Other Monitoring Equipment Terms and Conditions 45.00 . 60.00 . 65.00 . 85.00 . 85.00 . 85.00 100.00 105.00 110.00 130.00 170.00 10.00/per hour 60.00/per day 75.00/per day 50.00/per day 50.00/per day 50.00/per day Upon Request 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. Laboratory Charges Test Moisture Content.......................................................... Moisture and Density (ring samples) ........................... Moisture and Density (shelby tube) ............................. Maximum Dry Density (optimum moisture content)... Maximum Density Checkpoint .................................... Specific Gravity — Fine Aggregate ............................... Specific Gravity — Coarse Aggregate ........................... Sieve Analysis.............................................................. Hydrometer Analysis .................................................... Sieve and Hydrometer Analysis ................................... Percent Passing No. 200 Sieve ..................................... Liquid Limit and Plastic Limit... Liquid Limit — Non Plastic (1 pt) i Rate SandEquivalent..: ...... 11 ............................................................................................ ........... .............. I ........ 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. 0 AGENDA REPORT TO: Joe Tait, Interim City Manage FROM: Nasser Abbaszadeh, Public Works Director 0 SUBJECT: Consideration of Award of Contract for City Project No. 2 and Approval of Personal Construction Support Services with Lawson Consulting, Inc., and Hall & Foreman, Inc. Engineering, Inc.) RECOMMENDATION By motion, 10/6/2009 D10 Sewer Hydraulic Capacity Services Agreement for. & Associates Geotechnical (CIP No. 07704) (KEC Award the contract for the City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704) to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $721,453, and reject all other bids; and, 2. Approve Personal Services Agreement with Lawson & Associates' Geotechnical Consulting, Inc., and Hall & Foreman, Inc., for construction support services in the total amount of $22,690 and authorize the City Manager to execute the agreements. SITUATION A. Summary and Recommendation Staff is recommending that the City Council award the contract to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $721,453. Staff is also recommending the approval of a Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc. for construction support services in the amounts of $11,170 and $11,520 respectively. B. Background On September 6, 2005, the City Council approved a Personal Services Agreement with Hall & Foreman (HFI) to prepare plans and specifications for City Sewer Hydraulic Capacity Project No. 2 in the amount of $55,565. Hydraulic Capacity Project No. 2 includes the construction of a 24" PVC trunk line sewer to address the hydraulic capacity deficiency of an existing 21" diameter trunk sewer, 0 Agenda Report Paqe 2 October 6, 2009 which runs at the back of the San Juan Creek levee. This project is part of the Sanitary Sewer Master Plan & Rehabilitation Program to upgrade hydraulically deficient lines as well as maintenance of the City's existing sewer infrastructure. The existing 21" diameter sewer which was constructed in the 1960's will be retained in service. On July 21, 2009, City Council approved the project's Plans and Specifications, and authorized Staff to receive bids. Bids were received and opened on August 27, 2009, for the Sewer Hydraulic Capacity Project No. 4 (CIP No. 07702). Bids are valid until November 25, 2009, a period of ninety (90) days from the opening date. Bids were received as follows: Contractor Name Bid Amount Bid Alternate Total Amount KEC Engineering, Inc. $ 701,453 $ 20,000 $ 721,453 Garcia Juarez Construction, Inc. $ 728,910 $ 50,000 $ 778,910 SRD Engineering, Inc. $ 737,552 $ . 67,000 $ 804,552 KZC Construction, Inc. $ 839,160 $ 70,000 $ 909,160 Boudreau Pipeline $ 901,805 $ 13,000 $ 914,805 Atlas -Allied, Inc. $ 948,775 $ 148,000 $1,096,775 Bali Construction, Inc. $1,211,086 $ 129,888 $1,340,974 Doty Brothers Equipment Co. $1,521,147 $ 175,000 $1,696,147 The alternate bid item is included as part of the total contract amount in the event that sewer construction necessitates dewatering operations. KEC Engineering, Inc., did not list any subcontractors as part of their bid. COMMISSIONS/BOARD REVIEW. RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding of $55,000 for design (FY 2005-2006) and $1,435,000 (FY 2006-2007) for construction is provided in account No. 50-00000-XXXXX-07702-000 from the Sewer Capital Improvement Fund. The overall project budget currently stands at approximately $1,410,402.73 (as of August 31, 2009) and is sufficient to cover the cost of construction ($721,453) and construction support services ($22,690) totaling $744,143. NOTIFICATION Leslie R. Card, KEC Engineering, Inc. Jim Jackson, Garcia Juarez Construction, Inc. 0 0 Agenda Report Pace 3 Scott Denton, SRD Engineering, Inc. Kelly Cornish, KZC Construction, Inc. Alan Boudreau, Boudreau Pipeline Eva Siciliani, Atlas Allied, Inc. Bruced Flatt, Bali Construction, Inc. Chris Christy, Doty Bros. Equipment Company Gavin Powell, Hall & Foreman, Inc. James Thomasson, Lawson & Associates Geotechnical Consulting, Inc. Penny Lew, Orange County Public Works Tim Nguyen, Orange County Public Works Meynardo Sanchez, Orange County Public Works RECOMMENDATION By motion, October 6, 2009 Award the contract for the City Sewer Hydraulic Capacity Project No. 2 (CIP No. 07704) to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $721,453, and reject all other bids; and, 2. Approve Personal .Services Agreement with Lawson & Associates Geotechnical Consulting; Inc., and Hall & Foreman, Inc., for construction support services in the total amount of $22,690 and authorize the City Manger to execute the agreements. Respectfully submitted: Prepared by: Nasser Abbaszadeh, P.E. Public Works Director Khoon Tan, P.E. Associate Engineer Attachment(s): 1. Location Map 2. Personal Services Agreements (Lawson & Associates Geotechnical Consulting, Inc., and Hall & Foreman, Inc.) 3. Contract (KEC Engineering, Inc.) 9 0 THE CITY OF SAN JUAN CAPISTRANO 016. SEWER HYDRAULIC CAPACITY PROJECT NO.2 (CIP NO. 07704) Alipoz Street— Camino Del Avion to Mariner Drive i 0 3000 6000 9000 Feel ATTACHMENT 1 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 6th day of October, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Hall & Foreman, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction support services for the City's Sewer Hydraulic Capacity Project No. 2 (CIP 07704); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows. Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "1-A", attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "1-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 and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Eleven Thousand Five Hundred and Twenty Dollars ($11,520) as set forth in Exhibit "1-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. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 ATTACHMENT 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 Subcontractina 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 Section 9. Compliance with Law: E-Verifv. 9.1, Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at hffp://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emploverregistration. consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. 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. 191 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. 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 underforms 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). Ell 0 1 0 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. Priorto beginning anywork underthis Agreement, Consultantshall submitthe 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 by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, orvolunteers. 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 ail insurance requirements of this Agreement. 5 •. • 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. 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: Hall & Foreman, Inc. Three Better World Circle, Suite 100 Temecula, CA 92590 Attn: Jon Bourgeois, P.E. 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 attomeys' 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. M i i IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 4,1 fA t bmWar Saoval, City Atto Ivey CITY OF SAN JUAN CAPISTRANO By: Joe Ta' , Interim City Manager CONSULTANT By: J ourg s, P.E. H ll & Foreman, Inc. 7 "Hall b: Toreman.. Inc. EXHIBIT Engineering - Planning - Surveying September 9, 2009 Khoon Tan, P.E. City of San Juan Capistrano Engineering & Building Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6353 (949) 493-1251 0 "1-A" TT.060022.1000 Re: Hydraulic Capacity Project No. 2 — Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street Standard Form of Agreement for Construction Support Services Dear Mr. Tan: We are pleased to respond to your Request for Proposal to provide Construction Support Services for the Hydraulic Capacity Project No. 2 — Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street project. In that regard, please find enclosed our Standard Form of Agreement for your review. We trust you will find the Scope of Services comprehensive and related Fee acceptable. We understand the City may have their own forms for entering into a final contract. However, the enclosed documents can be used to evaluate the proposed Scope of Services and related Fee. Thank you for the opportunity to be of continued service on your project. Should you have any questions, please call me at (951) 294-9346. Sincerely, Hall & Foreman, Inc. Gavin Powell, P.E., LEED AP Project Manager/Associate Temecula Division S:\06022 Wdmin%Contraets\TT.060022.1000 090909. doe 0 0 STANDARD FORM OF AGREEMENT TT.060022.1000 BETWEEN CLIENT AND HALL & FOREMAN, INC. AGREEMENT entered into at Temecula, California made this the 9h day of September, 2009 by and between Hall & Foreman, Inc., located at Three BetterWorld Circle, Suite 100, Temecula, California 92590, Phone 951-294-9300, Fax 951-294-9301, hereinafter referred to as Consultant; and the City of San Juan Capistrano, located at 32400 Paseo Adelanto, San Juan Capistrano, California 92675, Phone 949-493-1171, Fax 949-493-1053 hereinafter referred to as Client or City. Client and Consultant agree as follows: Client intends to perform Construction Support Services for the Hydraulic Capacity Project No. 2 — Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street., in the City of San Juan Capistrano, hereinafter referred to as Project. • Reference is made to Exhibit "A", Standard Provisions of Agreement Between Client and Hall & Foreman Inc., made a part hereof. • Consultant agrees to perform the tasks outlined in Exhibit `B", Scope of Services. •. Reference is made to Exhibit "C", Data and Assumptions, made apart hereof. • Client agrees to compensate Consultant for such services as set forth in Exhibit "D",, Fee and Payment Schedule. • Reference is made to Exhibit "E", Schedule of Hourly Billing Rates, made a part hereof. • Reference is made to Exhibit "F", CADD Products, made a part hereof. • This Agreement is voidable at the option of Consultant if not executed and returned to Consultant within thirty (30) days of the date prepared. IN WITNESS HEREOF, the parties hereby execute this Agreement upon the terms and conditions contained herein and on the date and year herein indicated: Hall & Foreman, Inc. City of San Juan Capistrano By: By: Name: Name: Title: Title: Date: Date: Federal Tax I.D. # S:\06022Wdmin\Comracts1TT.060022. 1000090909.doc - Initial • EXHIBIT "A" • STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND HALL & FOREMAN, INC. Client and Consultant agree the following provisions are part of their Agreement: 1. Consultant Responsibilities: Consultant shall perform its services in accordance with generally accepted standards of professional practice in Southern California in effect at the time of performance. Consultant makes no warranty, either express or implied, as to its findings, recommendations, plans, specifications, surveys, or professional advice. Consultant's services will be performed for the benefit of Client and not for any third -party beneficiary. Consultant is an independent contractor and not an employee of Client. 2. Insurance: Consultant shall obtain and maintain in full force, at its own expense, from insurers with a Best's rating of at least A -:IX, the following insurance coverage in not less than the following amounts: (i) Workers' Compensation covering all of Consultant's employees performing services under this Agreement in the amount required by applicable law; (ii) Commercial General Liability in the amount of $1,000,000 per occurrence and $2,000,000 aggregate; (iii) Automobile Liability in the amount of $1,000,000 combined single limit; (iv) Umbrella Liability, covering claims in excess of the limits of General Liability and Automobile Liability, in the amount of $1,000,000 per occurrence and aggregate; and (v) Professional Liability in the amount of $2,000,000 per claim and aggregate. If requested by Client, Consultant shall provide certificates of insurance providing thirty days written notice to Client of cancellation, except for nonpayment of premium for which ten days will be provided to Client. 3. Indemnification: Each party shall hold harmless and indemnify the other party from and against liability arising from the indemnifying party's negligent acts, errors, or omissions. If other parties are liable in addition to the indemnifying party, the indemnifying party shall pay only an amount proportional to its degree of culpability. 4. Documents: All of Consultant's plans, specifications, surveys, and other documents prepared under this Agreement are instruments of service. Consultant grants ownership to Client of its plans, specifications, surveys, and other documents prepared under this Agreement, provided Client has paid Consultant all amounts to which the Consultant is entitled. Consultant shall not be liable for the use of its plans, specifications, surveys, and other documents on a project other than that for which they were prepared. S. Exclusions from Service: Consultant is not responsible for the detection, presence, handling, removal, abatement, or disposal of asbestos or hazardous or toxic substances, products or materials. The Consultant is not responsible for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs, since these are solely the construction contractor's rights and responsibilities. If Consultant is requested to review anything from a construction contractor or supplier, the review is for the limited purpose of checking for conformance with information given and the design concept expressed in the construction documents, and not for the purpose of determining accuracy or completeness or safety precautions, all of which remain the construction contractor's responsibility. Consultant does not perform geotechnical services and is not responsible for soils or geological conditions. S:N6022\Admin\Co Imts\TT.060022. 1000090909.doc - - Initial • EXHIBIT "A" • STANDARD PROVISIONS OF AGREEMENT BETWEEN CLIENT AND HALL & FOREMAN, INC. 6. Cost Estimates: Since the Consultant has no control over the cost of labor, materials or equipment, over the construction contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions, the Consultant cannot and does not warrant or represent that bids will not vary from any estimates of construction cost. 7. Delays: Consultant is not responsible for delay caused by activities or factors beyond Consultant's reasonable control, including but not limited to strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or promptly approve or disapprove of Consultant's services or instruments of service, or faulty performance or delay by Client, contractors, or government agencies. 8. Suspension of Services: Client may suspend the Consultant's performance of services by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of suspension. Consultant may suspend its services if Client fails to pay undisputed amounts of Consultant's invoices within sixty days of receipt of invoice or if Client files or has filed against it a petition under the Bankruptcy Code. The Client and Consultant will re -negotiate the fee if the period of suspension exceeds ninety days, 9. Termination of Services: Client may terminate this Agreement by written notice to Consultant, provided Client pays Consultant for all services performed prior to the effective date of termination. Consultant may terminate this Agreement upon ten days notice of breach by Client, including nonpayment of undisputed fees, provided Client does not cure such breach within ten days of notice of breach. Client shall pay Consultant for all services performed prior to the effective date of termination. 10. Assignment: Neither party may assign this Agreement without the prior written consent of the other. 11. Limitation of Liability: To the maximum extent permitted by law, Client agrees to limit the total liability of Consultant and its principals, officers, and employees to $50,000 or Consultant's fee, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 12. Consequential Damages Waiver. Each party waives consequential damages for claims, disputes or other matters in question arising out of or related to this Agreement. 13. General: This Agreement contains the entire agreement between Client and Consultant relating to Project, and all prior agreements have no force or effect. This Agreement may be modified only by a writing signed by both Client and Consultant. This Agreement shall be binding upon the successors and assigns of Client and Consultant. Client's or Consultant's Waiver of any right it has under this Agreement shall not constitute a waiver of any other right. This Agreement shall be governed by and construed in accordance with California law. If any provision of this Agreement is determined invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall be binding on Client and Consultant. S:\060221AdminlConn is\TT.060o22.1000090909.doc Initial 0 0 EXHIBIT "B" SCOPE OF SERVICES Consultant agrees to perform and furnish the following services: (Note. The numbers in parenthesis, e.g., (070) refer to Hall & Foreman, Inc 's internal service codes.) No. Task Description Fee I. Attend Pre -Construction Meeting (721). This Agreement is based on $660 attending one (1) meeting, including preparation and travel time. Additional meetings will be invoiced as "Additional Services" in accordance with the Schedule of Hourly Billing Rates, Exhibit "E", after a roval from the City. 2. Provide Plan Clarification/Request for Information/Submittal Review $3,300 (723) as requested by City. This portion of the Agreement is based upon an estimate of twenty (20) man-hours of service including coordination with City and other consultants, review and addenda preparation. Additional hours will be invoiced in accordance with the Schedule of Hourly Billing Rates, Exhibit "E", after approval from the City. Plan revisions resulting from conditions revealed during construction are specifically excluded from these services. 3. Provide Construction Observation/Attend Site Meetings (727) $3,960 consisting of general observation of works being constructed, and advise the City of same. This specifically does not constitute inspection. Construction observations shall be made at the request of the City. This portion of the Agreement is based upon making six (6) site visits during the life of the Project. An estimate of twenty-four (24) man-hours of observations/meetings and/or telephone conference calls with City and other consultants, including preparation time, travel time, and time to resolve plan conflicts that can reasonably be anticipated for a project of this nature is included with this portion of the Agreement. Additional hours will be invoiced in accordance with the Schedule of Hourly Billing Rates, Exhibit "E", after approval from the City. 4. Prepare As-Built/Record Drawings (728) at Project completion. Record $3,000 drawings will be revised based on Inspector's prints received by Consultant from the City. Alignment changes or plan revisions resulting from conditions revealed during construction are specifically excluded from these services. Permits will be closed by the City. This portion of the Agreement is based upon an estimate of twenty (20) man-hours of service to prepare As-Built/Record Drawings. Additional hours will be invoiced in accordance with the Schedule of Hourly Billing Rates, Exhibit "E", after approval from the City. 5. Direct Costs to include governmental fees, reproduction costs, plotter $600 costs, automobile mileage, and delivery or messenger services incurred on the City's behalf. Total of to Exceed Fee $11,520 5:w6022v dmm\CmtraM\T-r.060022.1000 090909.doc Initial EXHIBIT "C" DATA AND ASSUMPTIONS Consultant intends to provide support to the Client for bidding and construction phase services to facilitate construction of Hydraulic Capacity Project No. 2 — Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street in the City of San Juan Capistrano, County of Orange, California. This Agreement has been prepared based upon normal construction procedures, as well as specific discussions between representatives of both parties. The Scope of Service (Exhibit "B") specifically states those services to be performed, subject to the following Data and Assumptions: This Agreement is based upon the City approved Plans, Specifications and Contract Documents for Hydraulic Capacity Project No. 2 — Mariner's Drive to Alipaz Street and Drainage Rehabilitation at Camino Del Avion at Alipaz Street as prepared by Consultant. 2. Consultant will not be responsible for supervision and/or inspection of construction. Finalization of all permits, plan revisions, and redesign due to unforeseen conditions is specifically excluded from these Scope of Services. 4. Those items of work not specifically addressed in the Data and Assumptions and Scope of Services shall not be considered a part thereof, and shall be considered as "Additional Services", and shall be subject to negotiation. S:\06022%Admin\Controms\TT.060022. 100D 090909.doc Initial EXHIBIT °D" FEE AND PAYMENT SCHEDULE Client agrees to compensate Consultant for those services specified in Exhibit "B", Scope of Services, on an hourly basis in accordance with Exhibit "E", Schedule of Hourly Billing Rates, with a maximum fee not to exceed $11,520. Client shall be billed monthly as the work progresses. Invoices shall be considered due and payable upon presentation. Parties agree that the Schedule of Hourly Billing Rates, Exhibit `B", as stated herein, are effective from the date of this Agreement through December of 2010. It is Consultant's policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent thirty (30) days after invoice date. If invoice remains unpaid on the thirty-first (31 st) day after invoice date, a late fee in the form of 10 percent interest per annum will begin accruing, and Consultant will notify Client of its intent to stop work on this project. Ninety (90) days after invoice date Consultant will lien the property. The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee stated herein, and shall be the full responsibility of the Client. MISCELLANEOUS FEES Client shall pay the cost; plus fifteen percent (15%), for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction costs, plotter costs, automobile mileage, and delivery or messenger services incurred on Client's behalf. If requested, Consultant will provide a computer printout which details these costs. Consultant does not typically provide any additional back-up for these expenses as part of said fee. Miscellaneous fees are included in the not to exceed fee stated above, Miscellaneous fees shall be billed monthly, as they are incurred. Invoices shall be considered due and payable upon presentation. S:\06022\Admin\Contracts%Tr.060022.1000 090909.doc Initial EXHIBIT "E" SCHEDULE OF HOURLY BILLING RATES Effective November 1, 2007 OFFICE: Principal $195.00/Hour Project Management (VP/Sr. Proj. Dir./Proj. Dir./Proj. & Survey Mgr) $165.00/Hour Senior EngrJProj. EngJProj. Surveyor/Sr. Designer/Principal Planner $135.00lHour Staff Engineer $115.00/Hour Designer/Assist. Proj. Mgr/Planner/Survey Analyst $105.00/Hour Drafter/CADD Technician/Senior Analyst $ 95.OD/Hour Project Assistant/Expeditor/Assist. Engineer $ 80.00/Hour Administrative $ 65.00/Hour Expert Witness/Litigation Consultation $300.00/Hour FIELD SURVEY: 3 -Person Survey Crew $245.00/Hour 2 -Person Survey Crew $200.00/Hour ]-Person Survey Crew $150.00/Hour 2 -Person High Definition Survey Crew $360.00/Hour CONSTRUCTION. Resident Engineer $115.00/Hour Inspector $105.00/Hour Note I: Client shall pay the cost, plus 15%, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in-house reproduction cost, plotting costs, mileage, and delivery or messenger services incurred on Clients behalf. If requested, HF1 will provide a computer printout, which details these costs. HFI does not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 2: In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or increase in the cost of living, during the lifetime of this agreement, a percentage increase shall be applied to all remaining fees and charges to reflect the increased costs. Note 3: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal authority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. S:\060224Admin\Contracts\rf.060022.1000 090909.doe Initial EXHM]T '°F" CADD PRODUCTS Products produced on CADD and provided to the Client or Agents of Client on electronic media are for support purposes only. Signed and sealed copies of original maps and plans shall be considered the "record" documents. Any use or reuse of original or altered CADD design materials by Client, agents of Client, or other parties without the prior review and written approval of Consultant shall be at the sole risk of Client. Further, Client agrees to defcnd, indemnify, and hold Consultant harmless from all claims, injuries, damages, losses, expenses, and attorney's fees arising out of the unauthorized use, re -use, or modification of these materials. Client recognizes that designs, plans, and data stored on electronic media including, but not limited to, computer disks, or magnetic tapes and compact disks, may be subject to unauthorized use, misuse and uncontrollable deterioration. Upon document approval, Consultant shall submit to Client any deliverables which have been contractually agreed to on electronic media. Client shall have 30 days to inspect such deliverables and notify Consultant of any irregularities in the deliverables. Consultant will correct any such irregularities detected by Client in order to complete the design in accordance with the intent of the Agreement and specifications. At the end of said 30 -day inspection period, Consultant shall submit a final set of sealed documents, and any additional services to be performed by Consultant relative to the submitted electronic materials shall be considered Additional Work, and shall be approved by Client prior to commencing such effort. CADD submittals to or on behalf of Client will be prepared using AutoCAD/Land Development Desktop formats on a Windows environment, and shall be considered within the Scope of Services of the Agreement. Submittals in other formats and/or other computer environments, and the work -effort related thereto, shall be considered Additional Work, and shall be approved by Client prior to commencing such effort. 5:106022Wdmin%ContracUNTr.060022.1000 090909.doc Initial PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 6th day of October, 2009, 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 Consultant to provide construction support services for the City's Sewer Hydraulic Capacity Project No. 2 (CIP 07704); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City. arid, Consultant mutually. agree, as-foUows:. - Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A", attached and incorporated herein by reference. 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 and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2010. Section 3. Compensation... 3.1 Amount. Total compensation for the services hereunder shall not exceed Eleven Thousand One Hundred and Seventy Dollars ($11,170) 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. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 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-taperferm the•senHcesrequired 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 anaddendum 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. 6y 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: E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perf'o'rm work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at hftr)s://www.vis-dhs.com/emploverregistration. Consultant shall certify its registration with -E-Ve*—and-provide its-registr-atiorrnumber• within sixteen-- .• days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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 at least one (1) copy of any final reports.and/or notesor.drawings.. containing, Consultant's findings, conclusions, and recommendations with any supporting documentation. 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. 3 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,providedby-Consultant:.. 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). C! 0 0 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 by Consultant. The coverage shall-contain•no special-liFnitation& orrthessepe.-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). Priorto 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. 5 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 maybe 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 maybe 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: James Thomasson Section 17. Attomevs' 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 attomeys' 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. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: AA tP A All A A6 V, Oma JoNaMTy Attorney. CITY OF SAN JUAN CAPISTRANO By: Joe it, Interim City Manager CONSULTANT By: Lawson &•Associatesf.InQ.... ��!! 7 EXHIBIT "A" Lawson & Associates Geotechnical Consulting, Inc. August 27, 2009 Project No. 091072-01 Mr. Khoon Tan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject.. Proposal to Provide Geotechnical Observation and Testing Services during Trunk Line Sewer and Storm Drain Construction, Ahipaz Street and Camino Del Avion, 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 construction of the proposed trunk line sewer and storm drain along Alipaz Street and Camino Del Avion in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Hall & Foreman, Inc., we understand that that the project will include the construction of approximately 2,400 feet of sewer along Alipaz Street, and approximately 110 feet of storm dram along Camino Del Avion. The average depth of the sewer line is approximately 16 feet below the existing ground surface and the average depth of the storm drain line is approximately 4 feet below the existing ground surface. An anticipated construction schedule was not available at the time this proposal was prepared.. The purpose of our geotechnical services during construction will be to provide observation and testing of the sewer and storm drain excavation bottom and backfill, and paving. Our services will also include laboratory testing of the encountered soil material fbr maximum dry density and optimum moisture content. Scone of Geotechnical Services Services provided during construction of the sewer and storm drain lines will include the following: Familiarization with the Specifications and Contract Documents package (including current geotechnical report) for the subject site, provided by you. • Observation and testing of excavation bottoms and subsequent trench backfill operations. Our field representatives will be on site on a part-time, on-call basis. Laboratory testing during construction, including maximum dry density and optimum moisture content: Observation and testing of asphalt paving upon completion of trench backfill operations. Our field representatives will be on site on a full-time basis during paving operations. 1319 Calle Avanzado • San Clemente • CA 92673-6351 • (949) 369-6141 • Fax (949) 369.6142 Preparation of one "As -Built' geotechnical report at the conclusion of construction. Information contained in this report will include a summary and description of our observations, field and laboratory test results, and the geotechnical conditions encountered during construction operations at the site. Note: Our services will only address the geotechnical issues associated with the site and will not address any environmental issues. Cost Esthnate Our cost estimate is based upon information provided by you. Since no construction schedule was available at this time, we have estimated a construction duration based on our experience with similar projects. We anticipate that each working day will be comprised of four hours for the part-time portion of the construction, and 8 hours for the full-time portion of the construction. Task Estimated Rate Total Hours • Observation and testing during sewer excavation & backfill 40 $95 $ 3,800.00 - Assume 10 working days to com Tete @ 4 hours per da • Observation and testing during storm drain excavation & backfill 12 $95 $ 1,140.00 - Assume 3 working days to complete @ 4 hours per da • Observation and testing during paving 24 $95 $ 2,280.00 - Assume 3 working da to complete 8 hours per da • Laboratory testing (max density & opt. moisture) N/A $150 $ 450.00 - Assume 3 tests for entire project • Project coordination & preparation of finalgeotechnical report NIA NIA $ 3,500.00 TOTAL: $11,170.00 We propose to perform the above -listed geotechnical services on a time -and -materials basis in accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Eleven Thousand One Hundred Seventy Dollars ($11,170.00). Our fees are based upon our estimation of the geotechnical services needed for project completion. Fees for field observations and field. density testing may be. subject to change due to factors beyond our control including (but not limited to) contractor schedule, governmental agency requirements, weather conditions, and type of material used for backfill. Assumptions Please note that the following assumptions have been made in preparation of this proposal and cost estimate: 1. The estimate above is based on an assumed number of days it will take for the contractor to complete each phase of the project and is highly dependant on the type of equipment and method of backfilling used. If the construction schedule varies from the duration estimated above, our fees are subject to modification as required; 2. Contractor will provide shoring and other necessary means of protection, as required, when entry to the sewer trench is required for observation and testing; 3. Contractor may not proceed with pipe placement until the bottom of the excavation has been approved by our field representative; and Project No. 091072-01 Page 2 August 27, 2009 4. Construction operations will be performed during normal working hours, Monday through Friday, between 7:00 am to 4:00 pm: Our cost estimate does not included fees: for overtime work (more than 9 hours per:day) or for'work performed on weekends and holidays. Our fees and scope of services shall be adjusted accordingly if any of the above assumptions are invalid for the proposed project. Closure Our geotechnical services will be performed to the general standard of care of geotechnical consulting in Southern California; no other warranty is expressed, or implied. If this proposed meets with your approval, please provide us with the necessary work authorization. We will be prepared to start work upon signing a mutually agreeable contract, Tlie opportunity of submitting this proposal is sincerely appreciated. If you should have any questions, please do not.hesitate to contact our office. Sincerely; L4WSON& ASSOCIATES GEOTECHNICAL CONSULTING, INC. JamesThomasson Project Manager JRT/DJB/sec Attachment: 2007 Professional Fee.Schedule Distribution: (2) Addressee Project Nd, 097072-0I Page 3 August 27, 2009 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Biffine Rate (per hour) Word Processing...................................................................................... .... $ 45.00 ........................................... TechnicianI................................................................................................................................................. 60.00 CADOperator............................................................................................................................................. 65.00 SeniorField Technician.............................................................................................................................. 85.00 Technician/Senior Technician Prevailing Wage......................................................................................... 85.00 StaffEngineer/Geologist................ ............................................................ :.......................... ....................... 85.00 Senior Staff Engineer/Geologist/Scientist................................................................................................ 100.00 Field Supervisor/Operations Manager.................................................:.................................................... 105.00 ProjectEngineer/Geologist....................................................................................................................... 110.00 Associate Engineer/Geologist...................................................................................................................130,00 Principal Engineer/Geologist.................................................................................................................... 170.00 Eneineerine Equipment VehicleUsage...........................................................................................................................$ 10.00/per hour Tiltmeter, Inclinometer Vibration Monitor.................................................................................... 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. Laboratory Charges Test 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 MaximumDensity Checkpoint ........ .......................................................................................................... 75.00 SpecificGravity - Fine Aggregate .............................................................................................................. 85.00 Specific Gravity - Coarse Aggregate ................................................ ........................................................... 80.00 SieveAnalysis ............................................................................................................................................. 70.00 Hydrometer Analysis.-- .... * ....... ­ ......... **** ....... ** ......... ­ .... ­­ ... **"** ....... ** ........ 105.00 Sieveand Hydrometer Analysis ................................................................................................................ 150.00 PercentPassing No. 200 Sieve .................................................................................................................... 55.00 Liquid Limit and Plastic Limit .......................................... - ......................................... ........... ................ 115.00 Liquid Limit - Non Plastic (I pt) ................................................................................................................. 80.00 SandEquivalent ............ .................... .......... ..... ---- ......... ...... ...... -- ... -- ....... 80,00 - ExpansionIndex ..................................................................... ...................................... I ............................ 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 ......... :I .................................................................... I ... I ................................. I ....................... 100.00 R -Value (untreated) ................................................................................................................................... 275.00 R -Value (treated) ....................................................................................................................................... 300.00 CBR (untreated) per point .......................................................... ...... .............. .......... .............. 175,00 SulfateContent .................. I ........ I ........................................ I ....................................................................... 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. CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as ,,Crf , and KEC ENGINEERING 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, 2006 Editio - including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurancepolicies 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 Hydraulic Capacity Proiect #2 Sewer Proiect and Drainage Rehabilitation 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. COhBIBNCEMENTAND 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 impracticable 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, Five Hundred (5 00) Dollars per calendar day for each day delayed; provided that extensions of time with waiver of liquidated damages, maybe granted as provided in the Specifications. C-1 ATTACHMENT 3 FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to famish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws ofthe State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of onehundredpercent (1001/6) ofthe amount ofthis contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period ofone (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) ofthe 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 famish 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 pip)Aling rate of Veer 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 for 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 ($2,000,000) combined single limit. Insurance certificates shall be for a minimum period of one (1) year. C-2 0 0 CONTRACTOR shall maintain in full force and effect comprehensive automobile liability coverage, 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 person/any one occurrence/not limited to contractual period. The insurance policies shall bear an endorsement or shall have an attachedriderproviding 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 thirty (3 0) 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 liabilityof anykind ornaturewhich CONTRACTOR, its officers, agents and employees may sustain or incur orwhich 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 penaltyto CITY, forfeit Twenty-five Dollars ($25) for each workman employed in the execution of the Contractby 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. C-3 0 0 If CONTRACTOR is not already enrolled in the U.S. Department of Homeland Security's &Verify program, CONTRACTOR shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. CONTRACTOR shall verify employment authorization within three days of hiring anew employee to perform work under this Agreement. Information pertaining to the E- Verify program can be found at httpJ/www.uscis.gov, or access the registration page at https://www.vis4is-com/employ.mrWstration. CONTRACTOR shall certify its registration with E - Verify and provide its registration number within Sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding paymentuntil full compliance is demonstrated. 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: MARK NIELSEN, MAYOR KEC ENGINEERING LICENSE # 701834 / CLASS A W/HAZARD — C27 — C34 ATTEST: Margaret R Monahan, City Clerk mmi-ma",o• • • y ll�1 ' I►� jFfj -- op (I / C-4 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX itN'Nlsan/dallcaplstrano. org TRANSMITTAL TO: �,y mcoerourn (STI IIlillr 1961 1776 Lawson & Associates Geotechnical Consulting, Inc. Attn: James Thomasson 1319 Calle Avanzado San Clemente, CA 92673 DATE: October 8, 2009 MEMBERS OF THE CITY COUNCIL FROM: Christy Jakl, Administrative Specialist, City Clerk's Office (949) 443-6310 SAM ALLEVATO LAURAFREESE THOMAS W. HRIBAR MARK NIELSEN DR LONDRES USO RE: Personal Services Agreement — Construction Support Services, Sewer Hydraulic Capacity Project No. 2 Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Keep in mind this documentation must remain current with our office during the term of this agreement. Please be aware, our office still needs to receive an E -verify certificate as outlined in your contract under Section 9. If you have questions related to insurance and E -verify requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer at (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 �,^r Printed on 100% recycleb paper