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09-1006_LAWSON / ASSOCIATES_Personal Services Agreement (3)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. 4 (CIP 07702); 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 "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 Five Thousand Two Hundred and Eighty Dollars ($5,280) 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. Sp 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 part icu larity.al I 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 -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/emploverregistration. Consultant shall certify its registration with -€-Verify and provide itsregistration 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. 0 0 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 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). it 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- limitations onthe scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 5 0 0 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 Sar* 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. 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 E 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: By - CITY OF SAN JUAN CAPISTRANO By: Joe ait, Interim City Manager CONSULTANT By: --rd Lawson. & Associates,. Inc. �i • EXHIBIT "A" • Lawson & Associates Geotechnical Consulting, Inc. August 31, 2009 Project No. 091073-01 Mr, Khoon Tan City of San Juan Capistrano 34200 Paseo Adelanto San Juan Capistrano, CA 92675 Subject. Proposal to Provide Geotechnical Observation and Testing Services during Trunk Line Sewer Reconstruction, Del Obispo Park, City of San Juan Capistrano, California Introduction Lawson & Associates Geotechnical Consulting, Inc. (LGQ is pleased to submit this proposal and cost estimate to provide geotechnical observation and testing services during reconstruction of the proposed trunk line sewer along the eastern boundary of Del Obispo Park in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Tetra Tech, Inc., we understand that that the project will include the construction of approximately 460 feet of 27 -inch diameter sewer along the eastern boundary of the Del Obispo Park & Baseball Fields adjacent to San Juan Creek. The average depth of the sewer line is approximately 15 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 line excavation bottom and backfill. Our services will also include geotechnical evaluation of the suitability of the subgrade soils below the proposed hardscaping within the City of San Juan Capistrano easement. Scope of Geotechnical Services Services provided during construction of the sewer line 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. Observation and testing of hardscape subgrade. Our field representatives will be on site on a part-time on-call basis. 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 of the site. 1319 Calle Avanzado . San Clemente . CA 92673-6351 . (949) 369-6141 . Fax (949) 369-6142 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 construction duration based on our experience with similar projects. We have anticipate that each working day will comprise of 4 hours for part-time observation and testing. Task Estimated Rate Total Hours Observation and testing during sewer excavation & backfill - Assume 5 working days to complete 4 hours per da 20 $ 95 $ 1,900 Observation of hardscape subgrade 4 $ 95 $ 380 - Assume 2 separate visits Project Coordination & Preparation of Final Geotechnical Report N/A N/A S3,000 TOTAL: $5,280 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 Five Thousand Two Hundred Eighty Dollars ($5,280.00). 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. 4. LGC will utilize data from maximum density and optimum moisture tests performed by the previous geotechnical consultant. 5. 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. Project No. 091073-01 Page 2 August 31, 2009 0 0 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 proposal 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 JRT Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 091073-01 Page 3 August 31, 2009 0 0 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Billinr Rate (per hour) WordProcessing..................................................................................................................................... $ 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 Project Engineer/Geologist....................................................................................................................... 110.00 Associate Engineer/Geologist................................................................................................................... 130.00 Principal Engineer/Geologist.................................................................................................................... 170.00 Eneineerine Equipment VehicleUsage...........................................................................................................................S 10.001per 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. 0 Laboratory Charees Test PA MoistureContent.................................................................................................................. 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................................................................................... SieveAnalysis...................................................................................................................... HydrometerAnalysis............................................................................................................ Sieve and Hydrometer Analysis........................................................................................... Percent Passing No. 200 Sieve............................................................................................. Liquid Limit and Plastic Limit............................................................................................. Liquid Limit - Non Plastic (lpt).......................................................................................... SandEquivalent.................................................................................................................... ExpansionIndex................................................................................................................... Direct Shear (shear rate of 0.05 in./min.)............................................................................. Direct Shear (shear rate of lower than 0.05 in./min.)........................................................... SinglePoint Shear................................................................................................................ Consolidation (w/o time rate)............................................................................................... w/time rate, add (per increment)................................................................................... w/extra load, add (per load).......................................................................................... CollapseTest........................................................................................................................ R -Value (untreated).............................................................................................................. R -Value (treated)................................................................................................................. CBR(untreated) per point.................................................................................................... SulfateContent..................................................................................................................... ChlorideContent.................................................................................................................. pHand Resistivity............................................................................................................... Caltrans216 Compaction..................................................................................................... Rate ........ $ 10.00 ............. 20.00 ............. 60.00 ........... 150.00 ............. 75.00 ............. 85.00 ............. 80.00 ............. 70.00 ........... 105.00 ........... 150.00 ............. 55.00 ........... 115.00 ............. 80.00 ............. 80.00 ..... I..... 145.00 ........... 250.00 ........... 290.00 ............. 90.00 ........... 185.00 ............. 45.00 ............. 40.00 ........... 100.00 ........... 275.00 ........... 300.00 ....... I... 175.00 ............. 50.00 ............. 50.00 ....... I... 175.00 ........... 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 $3.00 per bag/$L00 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 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx µ'N'N'.sat yuancapislrano. org TRANSMITTAL TO: IIH1ffIII11 • f LISlfl ) 196I 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 ALLEV,ATO LAURAFREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Personal Services Agreement — Construction Support Services, Sewer Hydraulic Capacity Project No. 4 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. I _ 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 0 Printed on 100% recyGetl paper 1016/2009 AGENDA REPORT D9 TO: Joe Tait, Interim City Manager( FROM: Nasser Abbaszadeh, Public Works Director SUBJECT: Consideration of Award of Contract for City Sewer Hydraulic Capacity Project No. 4 and Approval of Personal Services Agreement for Construction Support Services with Lawson & Associates Geotechnical Consulting, Inc., and Tetra Tech, Inc. (CIP No. 07702) (KEC Engineering, Inc.) RECOMMENDATION By motion, '1. Award the contract for the City Sewer Hydraulic Capacity Project No. 4 (CIP No. 07702) to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $553,300, and reject all other bids; and, 2. Approve Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Tetra Tech, Inc., for construction support services in the total amount of $23,715 and authorize the City Manger 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 $553,300. Staff is also recommending the approval of Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Tetra Tech, Inc. for construction support services in the amounts of $5,280 and $18,435 respectively. B. Background On September 19, 2006, City Council approved a Personal Services Agreement with Tetra Tech, Inc. to prepare plans and specifications for City Sewer Hydraulic Capacity Project No. 4. Hydraulic Capacity Project No. 4 will improve the existing condition of a hydraulically deficient line through the construction of a parallel 27 inch PVC sewerfrom South Orange CountyWaste WaterAuthority (SOCWA) plant to 720 feet north and is part of the Sanitary Sewer Master Plan & Rehabilitation Program to upgrade hydraulically deficient lines as well as maintenanceof the City's existing sewer infrastructure. The project also includes the installation of shotcrete Agenda Report Paqe 2 October 6, 2009 on the opposite side -slope of the San Juan Creek Channel within the proposed sewer alignment in lieu of replacing existing landscaping and irrigation. The project is located at the easterly edge of Del Obispo Park immediately north of the SOCWA plant in the City of Dana Point. The proposed sewer alignment is parallel to a portion of Orange County Flood Control District's (OCFCD) San Juan Creek Channel (Facility L01) right-of-way and is parallel to the existing County's bike trail located at the top of the channel levee. On March 3, 2009, City Council approved the project's Plans and Specifications, and authorized Staff to receive bids. Bids were received and opened on April 27, 2009. On June 16, 2009, City Council rejected the bids due to bid contests and authorized staff to re -advertise the project. New bids were opened September 3, 2009, for.the Sewer Hydraulic Capacity Project No. 4 (CIP No. 07702). Bids are valid until December 2, 2009, a period of ninety (90) days from the opening date. Bids were received as follows: Contractor Name Bid Amount KEC Engineering, Inc. $ 553,300 SRD Engineering, Inc. .$684,730 KZC Construction, Inc. $ 713,300 Orion Construction Corporation $ 782,960 TC Construction Co., Inc. $ 814,300 Garcia Juarez Construction, Inc. $ 874,500 Paulus Engineering, Inc. $ 908,000 KEC Engineering, Inc., did not list any subcontractors as part of their bid. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding of $83,000 for design (FY 2006-2007) and $1,360,250 (FY 2008-2009) 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 $1,338,117.48 (as of August 31, 2009) and is sufficient to cover the cost of construction ($553,300) and construction support services ($23,715) totaling $577,015. Agenda Report Paoe 3 NOTIFICATION October 6, 2009 Leslie R. Card, KEG Engineering, Inc. Scott Denton, SRD Engineering, Inc. Kelly Cornish, KZC Construction, Inc. Richard Dowsing, Orion Construction Corporation Austin Cameron, TC Construction Co., Inc. Jim Jackson, Garcia Juarez Construction, Inc. Jason Paulus, Paulus Engineering, Inc. Steven Agor, Tetra Tech, Inc. James Thomasson, Lawson & Associates Geotechnical Consulting, Inc. RECOMMENDATION By motion, 1. Award the contract for the City Sewer Hydraulic Capacity Project No. 4 (CIP No. 07702) to the lowest responsible bidder, KEC Engineering, Inc., in the amount of $553,300, and reject all other bids; and, 2. Approve Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., and Tetra Tech, Inc., for construction support services. in the total amount of $23,715 and authorize the City Manger to execute the agreements. Respectfully submitted: Prepared b Nasser Abbaszadeh, P.E. Khoon Tan, P.E. Public Works Director Associate Engineer Attachment(s): 1. Location Map 2. Personal Services Agreements (Lawson & Associates Geotechnical Consulting, Inc., and Tetra Tech, Inc.) 3. Contract (KEG Engineering, Inc.) 0 0 .2Z: N « WNSTRUCTION LIMITS N �p of e RicVicr S kn •� a 2 \ 5 Q w y 1 DOH£ STAT � a l � • N LOCATION MAP SEWER HYDRAULIC CAPACITY o PROJECT NO.4 NOT TO SCALE (CIP NO. 07702) ATTACHMENT 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 Tetra Tech, 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. 4 (CIP 07702); 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 "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 Eighteen Thousand Four Hundred and Thirty Five Dollars ($18,435) 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. ATTACHMENT 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 Assionment. 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. Chanaes 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 hot 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 f 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 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 htta://www.uscis.gov, or access the registration page at httos://www.vis-dhs.com/emploverrecistration. 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. 0 0 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, Consultantshall 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). 9 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. 14A Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible orself-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, 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 Cancel lation/TermMation 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, exceptthat 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 Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Consultant: Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92618 Attn: Steven Agor, P.E. Section 17, Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the termsof 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. 91 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk CITY OF SAN JUAN CAPISTRANO By: _ Joe Tail, Interim City Manager CONSULTANT By: 1 -/l -o Steven A or, P.E. Divisional Vice President Tetra Tech, Inc. 7 � 1 EXHIBIT "A" OTETRATECH May 12,2009 - Revised Khoon Tan, P.E. Associate Engineer Engineering & Building Department City of San Juan Capistrano 32400 Paseo Adclanto San Juan Capistrano, CA 92675 Reference: Proposal to Provide Bid Phase and Construction Phase Services for Trunk Line Sewer Reconstruction (CIP 713) Dear Mr. Tan: Tetra Tech, Inc. has recently completed the final design of the Trunk Line Sewer Reconstruction (CIP 713) project. We are very excited to have completed this assignment, and we hope that you are pleased with our efforts in overcoming many challenges throughout the course of completing the work. The biggest challenge was mitigating the impacts of conflicting direction and permit conditions from various regulatory agencies. It has been a long, arduous process in which we believe we showed true value to the City in working with all stakeholders, keeping lines of communication open, maintaining permit applications and working to resolve the difference in an effective manner. In addition, our team assisted on several occasions to get City staff up to speed on the project due to staff turn over and re -assignments or up to speed after long project delays out of our control. As alluded to, getting the project out to. bid completed our scope of work, However, pursuant to our recent communications, it is our understanding that the City would like to retain our services to assist with bid phase and construction phase services. Attached hereto is our detailed scope of work to complete bid phase and construction phase services. We have prepared the scope of work and fee estimate based on our intimate knowledge of the project, past similar projects and the City's direction in regards to the desired scope of work In general, the scope of work entails the following tasks: Bid Phase Services — Assist with responding to contractor's questions and requests for information/clarification. Preconstruction Meeting and Site Visits — Attend preconstruction meeting and visit the project site as requested by the City (up to three one hour meetings) to address field issues that may arise. Shop Drawing Review — Review contractor submittals to ensure materials proposed to be used meet the project requirements Substitute Materials — Review material substitution requests to verify the materials are appropriate for the subject project. Tetra Tech, Inca .16241 Laguna Canyon Road. Suite 200, Irvine. U 92618 To., 949.727.7099 Fax 949.727.7097 vwv+.tetratech.com OTETRATECH Mr. Khoon Tan, P.E. May 12, 2009 -Revised Page 2 Record Drawings — Perform drafting of record drawings based on redlines provided by the contractor and verified by the City. We request additional budget in the amount of $18,435 to complete the attached scope of work. Attached hereto is a person -hour summary of the work per task and our 2009 rate sheet to be used for this proposed scope of work: As always, please do not hesitate to call me should you have any questions regarding our proposal. We look forward to your positive response and continuing to work with the City during the bid and construction phases of this challenging project. Sincerely, Steven Agor, P.E. Divisional Vice President RSA/cg P:\Y03027\0016\Wordpm\Lettm\It014 ml.doc(100) Attachment CITY OF SAN JUAN CAPISTRANO Trunk line Sewer Replacement SCOPE OF WORK Task 1— Bid Phase and Construction Phase Services 1.1 Rid Phase Services: Tetra Tech will respond to five (5) written requests for clarification or additional information, and provide phone consultation to the City on questions posed by potential bidders. 1.2 Preconstruction Meeting and Field Site Vrsits: Tetra Tech Project Manager will attend and participate in the preconstruction meeting. In addition, Tetra Tech Project Manager shall attend, upon request by the City, up to three (3) job site visits of one (1) hour each to assist with resolving issues that may arise during construction. 1.3 Shop Drawing Review: Tetra Tech will review and process shop drawings for the project. We will combine review comments from the City of San Juan Capistrano and Tetra Tech; then prepare a review letter and distribute the contract specified amount of stamped copies to the contractor and the City of San Juan Capistrano. We have assumed there will be fifteen (15) shop drawings for review and approval, six (6) of which will require a second review. 1.4 Substitute Materials: Tetra Tech will evaluate the acceptability of substitute materials and/or equipment proposed by the contractor and provide recommendations to the City of San Juan Capistrano for approval/denial. Reviews shall be limited to paper submittals and office communication. For purposes of the proposal, we have assumed one (1)substitute submittal will be made. 1.5 Record Drawings: Revise the final design drawings in AutoCAD R14 or later to reflect "As - Built" conditions based on contractor furnished redlines. Provide one set of "As -Built" plans on mylar to the City along with electronic files on CD. Assumptions Included in Preparing our Scope of Services It is assumed that the following items will be provided by and are the responsibility of others, or deemed not required for this project: • The City of San Juan Capistrano shall provide a project manager/contract administrator. • The City of San Juan Capistrano shall pay all permit, plan checking, inspection and other fees not waived by other agencies nor made the responsibility of the contractor. • The City of San Juan Capistrano shall provide reproduction for bidding and construction phase services. • All pipelines and appurtenances thereto are to be located within public right-of-way or existing easements, as such easements/legal descriptions will not be required and are excluded from this scope of work • The City of San Juan Capistrano will provide overall construction management and inspection services, including compaction testing and material testing as required by the contract documents anrmornoo�sw«a�w,.nwowemta« -7- TETRA TECH CITY OF SAN JUAN CAPISTRANO TrunH Line Sewer Replacement and regulatory agency permits, to ensure the contract is properly administered, all permits conditions are met, regulatory agencies and stakeholders are kept abreast of project schedule ahead of the work being performed, and verify the work is done in adherence to the contract documents. • Should Tetra Tech Project Manager not be available for job site visits, and due to the critical nature of the construction schedule, Tetra Tech Project Manager may delegate job site visits to appropriate staff able to solve field issues in a timely manner at his own discretion. KV002T 161WMWry W,.AN014x rm r.em -2- TETRA TECH m IL Ne ti co 14 MM O 91 F (•t"',M m IL Ne ti co 14 m 9 OTETRATECH EXHIBIT "A" 2009 0 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Internfrechnician/Assistant ... $ 62.00 Project Administrator .................................$ 105.00 Designer/CAD Operator/Engineer I........... $ 115.00 Engineer II and BI/Senior Designer .......... $ 125.00 Biologist..................................................... $ 125.00 Planner.......................................................$ 125.00 Senior Engineer/Landscape Architect........ $ 139.00 Project Engineer/Project Coordinator........ $ 160.00 Senior Planner ............................................ $ 175.00 SeniorScientist .......................................... $ 175.00 Senior Project Engineer ............................. $ 175.00 Project Manager/Sr. Project Coordinator... $ 195.00 Senior Project Manager .............................. $ 255.00 Program Director/Project Director ............. $ 270.00 Administrative Administrative Clerk. ........................... ..... $ 60.00 Word ProcessodAdmin. Support ............... $ 85.00 Graphic Designer ....................................... $ 115.00 Reimbursable In -House Costs Photo Copies (B&W 8.5"xl l')...... $ 0.15/Each Photo Copies (B&W I 1"xIT) ....... $ 0.40/Each Color Copies (up to 8.5"xl 1")....,... $ 2.00/Each Color Copies (to 11 "x17") .............. $ 3.00/Each Computer Usage ............................. $ 2.50/Hour Survey/Mapping Survey Technician I ......... :........ ................. $ 109.00 Survey Technician IUField Supervisor....... $ 125.00 Senior Surveyor ......................................... $ 141.00 Project Surveyor ........................................ $ 163.00 Two -Person Survey Party .......................... $ 230.00 Two -Person Survey Party with GPS .......... $ 275.00 Three -Person Survey Party ........................ $ 320.00 Survey Travel Time (Two -person)... .......... $ 109.00 Survey Travel Time (Three-person)........... $ 153.00 Construction Management Construction Observer I ............................. $ 95.00 Construction Observer II ............................ $ 110.00 Senior Construction Observer .................... $ 130.00 Resident Engineer ...................................... $ 160.00 Construction Manager ................................ $ 180.00 Compact Discs ................................ $10.00/Each Large Format Copies ..................... $ 0.40/S.F. Mileage ........................................... $0.585/Mile' "current GSA POV Mileage Rate subject to change Company Vehicles .......................... $8.00/Hour All other direct costs, such as reproduction, special photography, postage, delivery services, ovemightma0, out -of - area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15%. NOTE: All costs and rates are effective January 1, 2009, and subject to annual increase. P:N0302MO16\Wordpm\Le vmUl074Fxhbit A -CA 2009 Ldw 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. 4 (CIP 07702); and WHEREAS, Consultant is qualified by virtue of experience, training, education and . expertise to accomplish such services. NOW; THEREFORE, City and•Consultant-mutually-agree-asfollows:. 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 Five Thousand Two Hundred and Eighty Dollars ($5,280) 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. 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,otheFeratity-to•per€orm-the•sewice&fequired•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.allterms 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 -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.govor access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant shall certify its registrationwith-E Verify-and-provid&its•registration numbeF,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- andlor.. 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 propertyof 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 0 0 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 belowwith 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 forthe 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). Cl • 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 speciaE,limitationson4hescope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until afterthir y (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 fisted 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•San4uan-capisiraao-,• 32400 Paseo Adelanto San Juan. Capistrano, CA 92675. Attn: Ihoon 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. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO •- CITY OF SAN JUAN CAPISTRANO By: Joe Jait, Interim City Manager CONSULTANT By: �d jai.. 1-1 'Ulllabueft' -TlAkC 4 ti1SG �� Lawson..&. Associates,--Inc..- 7 EXHIBIT "A" Lawson $ Associates Geotechnical Consulting, Inc. August 31, 2009 Mr. Khoon Tan City of San Juan Capistrano 34200 Paseo Adelanto San Juan Capistrano, CA 92675 Project No. 091073-01 Subject: Proposal to Provide Geotechnical Observation and Testing Services during Trunk Line Sewer Reconstruction, Del Obispo Park, 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 reconstruction of the proposed trunk line sewer along the eastern boundary of Del Obispo Park in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Tetra Tech, Inc., we understand that that the project will include the construction of approximately 460 feet of 27 -inch diameter sewer along the eastern boundary of the Del Obispo Park & Baseball Fields adjacent to San Juan Creek. The average depth of the sewer line is approximately 15 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 line excavation bottom and backfill. Our services will also include geotechnical evaluation of the suitability of the subgrade soils below the proposed hardscaping within the City of San Juan Capistrano easement. Scope of Geotechnical Services Services provided during construction of the sewer line 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. • Observation and testing of hardscape subgrade. Our field representatives will be on site on a part-time on-call basis. 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 of the site. 1319 Cage Avanzado • San Clemente . CA 92673.6351 . (949) 369.6141 . Fax (949) 369-6142 0 0 Now Our services will only address the geotechnical issues associated with the site and will not address any environmental issues. Cost Esdmate Our cost estimate is based upon information provided by you. Since no construction schedule was available at this time, we have estimated construction duration based on our experience with similar projects. We have anticipate that each working day will comprise of hours for part-time observation and testing. Task Estimated Rate Total Hours Observation and testing during sewer excavation & backfill - Assume 5 working days to complete @ 4 hours per da 20 $ 95 $ 1,900 Observation of hardscape subgrade - Assume 2 separate visits 4 $ 95 $ 380 Project Coordination & Fre aration ofFiiial"GeotechiiicatR' ort NIA" ' N/A' $ 3'000" TOTAL: $5,280 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 Five Thousand Two Hundred Eighty Dollars ($5,280.00). Our fees are based upon our estnnation 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. 4. LGC will utilize data from maximum density and optimum moisture tests performed by the previous geotechnical consultant. 5. 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 assurriptions are invalid for the proposed project. Project No. 091073-01 Page 2 August 31, 2009 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 proposal 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& ASSOCL4TES GEOTECHNICAL CONSULTING, INC James Thomasson Project Manager JRT Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 091073-01 Page 3 August 31, 2009 0 9 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional BfUing Rate (ner hour) WordProcessing................................................................................. TechnicianI......................................................................................... CADOperator..................................................................................... Senior Field Technician...................................................................... Tecb nician/Senior Technician Prevailing Wage ................................. Staff Engineer/Geologist..................................................................... Senior Staff Engineer/Geologist/Scientist.......................................... Field Supervisor/Operatious Manager ................................................ Project Engineer/Geologist................................................................. Associate Engineer/Geologist...................................... :...................... Principal Engineer/Geologist.............................................................. Engineering Eauinment Vehicle Usage ............................................ Tiltmeter, Inclinometer Vibration Monitor Nuclear Soil Gauge .................................... Water LevelSounder.................................. Portable Generator ...................................... Manometer ................................................. Other Monitoring Equipment ..................... Terms and Conditions ................................... 85.00 ................................... 85.00 .................................100.00 ................................. 105.00 ................................. 110.00 ................................. 130.00 ......I .......................... 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. 0 Laboratory Chanes 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 ............................................. SieveAnalysis......:......................................................................... Hydrometer Analysis...................................................................... Sieve and Hydrometer Analysis ..................................................... Percent Passing No. 200 Sieve ....................... :............................... Liquid Limit and Plastic Limit .......................... Liquid Limit —Non Plastic (I pt) .................................................... SandEquivalent................................::............................................ ExpansionIndex............................................................................. Direct Shear (shear rate of 0.05 indmin.)....................................... Direct Shear (shear rate of lower than 0.05 in./min.) ..................... SinglePoint Shear.......................................................................... Consolidation (w/o time rate)......................................................... w/time rate, add (per increment) ............................................. w/extra load, add (per load) .................................................... CollapseTest.................................................................................. R -Value (untreated)........................................................................ R -Value (treated)..............:..............................I.............................. CBR (untreated) per point............................................................... SulfateContent..............................................................................., ChlorideContent............................................................................. pH and Resistivity.......................................................................... Caltiaus 216 Compaction................................................................ 0 Rate .......................... $ 10.00 ............................... 20.00 ............................... 60.00 .............................150.00 ............................... 75.00 ..................... ;......... 85.00 ............... 80.00 ............... 70.00 .............105.00 ............. 150.00 ............... 55.00 ............. 115.00 ............... 80.00 ............... 80.00 ............. 145.00 ............. 250.00 ............. 290.00 ............... 90.00 ............. 185.00 ............... 45.00 ............... 40.00 .............100.00 ............. 275.00 ............. 300.00 ............. 175.00 ............... 50.00 ............... 50.00 ..........175.00 ............. 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 9 CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" 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 Construction2006 Edition including all Supplements, Contract Bonds, Resolutions adopted bythe CITYpertaining to thework, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK CONTRACTOR agrees to f imish.all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction ofHydraulic Capacity Proiect #4 Trunk Line Sewer Recons coon in strict conformity with the Plans, Specifications and all other contract documents, which documents are on file at the Office of the City Clerk, City Hall, 32400 Paseo Adelanto, San Juan Capistrano, California. THIRD. PAYMENT. CITY agrees to pay, and CONTRACTOR agrees to accept, the lump sum adjusted for variations of quantities, at the prices designated in bid proposal at the time and in the manner set forth in the Specifications. FOURTH. COMMENCEMENT AND COMPLETION OF THE WORK. CONTRACTOR agrees to begin and complete the work within the time specified in the Notice Inviting Bids. It is agreed that it would be impractical and extremely difficult to fix the actual amount of damages, and loss sustained by CITY, should CONTRACTOR fail to complete the work in the specified time; therefore, CONTRACTOR shall pay CITY, as liquidated damages, not in the nature of a penalty, Five Hundred Dollars ($500) 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 ATTACHMENT3 FIFTH. PERFORMANCE BOND Al3D LABOR AND MATERIAL BOND. CONTRACTOR agrees to f uuish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials fora period of one (1) year after completion and acceptance. The Labor and Material Bond shell be for an aa3o®art of one hundred percent (1000/6) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into 'or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, cosies ofthe prevailing rate ofper diem wages as deterinined.bythe Director of the State Department of Jndustrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adetanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that be, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times duringthis contract liability and property damage insurance naming the CITY and its eldcted 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 complywith the applicable law or statute but in no event less than thirty (3Q) 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, Tetra Tech, its officers, agents, and employees from and against any and all claims, demands, loss or liability of anykind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of than for injury to or death of persons, damage to property as a result of, or arising out of, or in anymanner connected with the performance ofthe obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to. the same extent as though set forth herein and'shall be complied with by CONTRACTOR These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation ofthe provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law.. C-3 • 1• If CONTRACTOR is not already enrolled in the U.S. Department ofHomelaad Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verifythe 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 pap. at https://www.vis- dhs.com/employerregistration. 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. IN WITNESS WHEREOF, this contract is executed by the duly authorized agents) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. DATED: ATTEST: Margaret Monahan, City Clerk City of San Juan Capistrano M MARK NIELSEN, MAYOR BY: CONTAACTM LICENSE N SSIFICATION REC ENGINEERING LICENSE # 701834 / CLASS A W/ HAZARD — C27 — C34 C-4