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10-0420_LAWSON & ASSOCIATES_Personal Services Agreement• 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of April, 2010, 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 Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "1-A", attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit 1-A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Sixteen Thousand and Thirty Dollars ($16,030) as set forth in Exhibit "1-A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. • 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. Sec ion 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees, Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant, City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section S. Time of Essence. Time is of the essence in the performance of this Agreement. 2 0 0 Section 9. Compliance with Law: E-Verifv. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at htp://www.uscis.clov, or access the registration page at httr)s://www.vis-dhs.com/emploverreclistration. 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 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). M 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 on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 5 0 411 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: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Attn: Dennis Boratynec 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. M 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. l� APPROVED AS TO FORM: 000 TI, s , w_� CITY OF SAN JUAN CAPISTRANO By: "I , City Manager CONSULTANT By: -.-r t,.a"�"'Ora#ypee�Fiee President awson & Associates, Inc. 0 0 Lawson & Associates Geotechnical Consulting, Inc. EXHIBIT "1-A" March 22, 2010 Mr. Khoon Tan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Project No. 101027-01 Subject: Proposal to Provide Geotechnical Observation and Testing Services during Storm Drain Construction, Calle Lorenzo and Calle Resplendor, City of San Juan Capistrano, California Introduction Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to submit this proposal and cost estimate to provide geotechnical observation and testing services during construction of the proposed storm drain along Calle Lorenzo and Calle Resplendor in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Adams Streeter Civil Engineers, Inc., we understand that the project will include the construction of approximately 1,400 feet of storm drain along Calle Lorenzo and Calle Resplendor. The average depth of the proposed storm drain trench is approximately 6 to 10 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 storm drain trench excavation bottom and backfill, replacement of pavement and curb and gutter, and paving. Our services will also include laboratory testing of the encountered soil material for maximum dry density and optimum moisture content. Scone of Geotechnical Services Services provided during construction of the storm drain lines will include the following: Familiarization with the Specifications and Contract Documents package (including current geotechnical report) for the subject site, provided by you. Observation and testing of excavation bottoms and subsequent trench backfill operations. Our field representatives will be on site on a part-time, on-call basis. Laboratory testing during construction, including maximum dry density and optimum moisture content. Observation and testing of subgrade and base below replaced sidewalk and curb and gutter, and replacement asphalt paving upon completion of trench backfill operations. Our field representatives will be on site on a part-time on-call basis during these operations. 1319 Calle Avanzado . San Clemente . CA 92673.6351 . (949) 369.6141 . Fax (949) 369-6142 • Preparation of one "As -Built' geotechnical report at the conclusion of construction. Information contained in this report will include a summary and description of our observations, field and laboratory test results, and the geotechnical conditions encountered during construction operations at the site. Note: Our services will only address the geotechnical issues associated with the site and will not address any environmental issues. Cost 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 anticipate that each working day will be comprised of four hours for the part-time portion of the construction. Task Estimated Rate Total Hours • Observation and testing during storm drain excavation & backfill 100 $95 $ 9,500.00 - Assume 25 working days to complete 4 hours per da • Observation and testing during replacement of sidewalk, curb & gutter, and paving 24 $95 $ 2,280.00 - Assume 6 working days to complete 4 hours per da • Laboratory testing (max density vs. optimum moisture, sieve N/A n/a $ 750.00 analysis, & sandequivalent) • Project coordination & preparation of final geotechnicaI report N/A N/A $ 3,500.00 TOTAL: $16,030.00 We propose to perform the above -listed geotechnical services on a time -and -materials basis in accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Sixteen Thousand Thirty Dollars ($16,030.00). 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 storm drain trench is required for observation and testing; 3. Contractor may not proceed with pipe placement until the bottom of the excavation has been approved by our field representative; and Project No. 101027-01 Page 2 March 22, 2010 0 0 4. Construction operations will be performed during normal working hours, Monday through Friday, between 7:00 am to 4:00 pm. Our cost estimate does not included fees for overtime work (more than 8 hours per day) or for work performed on weekends and holidays. Our fees and scope of services shall be adjusted accordingly if any of the above assumptions are invalid for the proposed project. Closure If this proposed meets with your approval, please provide us with the necessary work authorization. We will be prepared to start work upon signing a mutually agreeable contract. 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. 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. Dennis Botynec Vice Presid nt DJB/kjf Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 101027-01 Page 3 March 22, 2010 0 Lawson & Associates Geotechnical Consulting, Inc. 0 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Billine Rate (per hour) Word Processing........................................................................ TechnicianI................................................................................ CADOperator............................................................................ Senior Field Technician ............................................................. Technician/Senior Technician Prevailing Wage ........................ Staff Engineer/Geologist............................................................ Senior Staff Engineer/Geologist/Scientist................................. Field Supervisor/Operations Manager ....................................... Project Engineer/Geologist........................................................ Associate Engineer/Geologist.................................................... Principal Engineer/Geologist..................................................... Eneineerine Eauinment VehicleUsage ....................................................... Tiltmeter, Inclinometer Vibration Monitor........... Nuclear Soil Gauge ............................................... Water Level Sounder ............................................. Portable Generator ................................................ Manometer............................................................ Other Monitoring Equipment ................................ Terms and Conditions Expert witness testimony, depositions, or mediation conferences, will be billed at 2.0 times the basic billing rate, portal to portal. All geologists, engineers, and technicians will be billed at time -and -a -half for overtime. Invoices are rendered monthly, payable upon receipt. A retainer of 50 percent of the fee is required for projects with a total estimated fee of $5,000.00 or less. The balance is due upon report delivery. Proposals are valid for 30 days, unless otherwise stated. Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost, plus 20 percent, unless billed directly to, and paid by the Client. 30 percent of the fee for field studies will be invoiced immediately upon authorization to cover equipment and mobilization costs. Client agrees to provide all information in Client's possession about the actual or possible presence of buried utilities and hazardous materials on the site, and agrees to reimburse LGC for all costs related to their unanticipated discovery. 1319 Calle Avanzado • San Clemente • CA 92673-6351 • (949) 369141 . Fax (949) 369-6142 Laboratory Charges Test Rate MoistureContent.................................................................................................................................... $ 10.00 Moisture and Density (ring samples).......................................................................................................... 20.00 Moisture and Density (shelby tube)............................................................................................................ 60.00 Maximum Dry Density (optimum moisture content)................................................................................ 150.00 MaximumDensity Checkpoint................................................................................................................... 75.00 Specific Gravity - Fine Aggregate.............................................................................................................. 85.00 Specific Gravity - Coarse Aggregate.......................................................................................................... 80.00 SieveAnalysis............................................................................................................................................. 70.00 HydrometerAnalysis................................................................................................................................ 105.00 Sieve and Hydrometer Analysis................................................................................................................ 150.00 Percent Passing No. 200 Sieve.................................................................................................................... 55.00 Liquid Limit and Plastic Limit.................................................................................................................. 115.00 Liquid Limit - Non Plastic (1 pt)................................................................................................................. 80.00 SandEquivalent.......................................................................................................................................... 80.00 ExpansionIndex........................................................................................................................................ 145.00 Direct Shear (shear rate of 0.05 in./min.).................................................................................................. 250.00 Direct Shear (shear rate of lower than 0.05 in./min.)................................................................................ 290.00 SinglePoint Shear....................................................................................................................................... 90.00 Consolidation (w/o time rate).................................................................................................................... 185.00 w/time rate, add (per increment).......................................................................................................... 45.00 w/extra load, add (per load)................................................................................................................. 40.00 CollapseTest............................................................................................................................................. 100.00 R -Value (untreated)................................................................................................................................... 275.00 R -Value (treated)....................................................................................................................................... 300.00 CBR(untreated) per point......................................................................................................................... 175.00 SulfateContent............................................................................................................................................ 50.00 ChlorideContent......................................................................................................................................... 50.00 pHand Resistivity.................................................................................................................................... 175.00 Caltrans216 Compaction.......................................................................................................................... 200.00 Triaxial testing, residual shear testing, permeability, abrasion, and special testing will be charged at hourly rates. Materials testing fees and additional laboratory testing fees will be provided upon request. Laboratory samples will be retained for 60 days. A monthly storage fee of $3.00 per bag/$1.00 per ring will be assessed if longer storage is required. Weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be determined on a project -by -project basis. 0 AGENDA REPORT TO: Joe Tait, City Manager FROM: Nasser Abbaszadeh, Public Works Director 0 4/20/2010 IM SUBJECT: Consideration of Award of Contract for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project and Approval of Personal Services Agreement for Construction Support Services With Lawson & Associates Geotechnical Consulting, Inc., Adams -Streeter Civil Engineers, Inc., and TWNiemann, Inc. (CIP No. 07501) (Rodriquez Brothers Engineering, Inc.) RECOMMENDATION By motion, 1. Award the contract for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project (CIP No. 07501) to the lowest responsible bidder, Rodriquez Brothers Engineering, Inc., in the amount of $675,400 and reject all other bids; and, 2. Approve Personal Services Agreements with Lawson & Associates Geotechnical Consulting, Inc., Adams -Streeter Civil Engineers, Inc., and TWNiemann; Inc., for construction support services in the total amount of $78,030 and authorize the City Manager to execute the agreements. SITUATION A. Summary and Recommendation Staff is recommending that the City Council award the contract to the lowest responsible bidder, Rodriquez Brothers Engineering, Inc., in the amount of $675,400. Staff is also recommending the approval of Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., Adams -Streeter Civil Engineers, Inc., and Niemann, Inc. for construction support services in the amounts of $16,030, $19,750, and $42,250 respectively. B. Background On April 7, 2009, City Council approved a Personal Services Agreement with Adams -Streeter Civil Engineers, Inc. to prepare plans for the Calle Lorenzo and Resplendor Storm Drain Improvement Project (CIP 07501). City Council also approved an appropriation of $966,358 from General Fund Reserves to support an increase in CIP Account No. 50-83399-XXXXX-07501-000 for design, construction 0 Agenda Report 0 April 20, 2010 and contingencies, and for project administration, management, and staff. On February 16, 2010, City Council approved the project's Plans and Specifications, and authorized Staff to receive bids. Bids were received and opened on March 22, 2010. Bids are valid until June 20, 2010, a period of ninety (90) days from the bid opening date. A total of nine (9) bids were received for the project as follows: Contractor Name Bid Amount Rodriguez Brothers Engineering, Inc. $ 675,400 * Garcia Juarez Construction, Inc. $ 748,890 * Williams Pipeline Contractors, Inc. $ 802,915 * KEC Engineering, Inc. $ 837,655 * SDR Engineering, Inc. $ 841,855 GCI Construction, Inc. $ 911,160 Clark Contracting Corporation $ 996,125 Doty Bros. Equipment Company $ 1,221,349 Pro -Craft Plumbing Company, Inc. $ 1,345,800 * Bid numbers verified for four lowest bids. Five of the nine bids received were below the project engineer's estimate of $866,125. Rodriguez Brothers Engineering's bid amount of $675,400 is below the project engineers estimate by $190,725. Mendoza Paving and HMK Engineering, Inc. (surveyor) were listed as subcontractors for the low responsible bidder. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS Not applicable. FINANCIAL CONSIDERATIONS Funding in the amount of $1,474,235.43 is available for the project in account No. 50- 00000-XXXXX-07501-000 as of February 2, 2010, and is sufficient to cover the cost of construction ($675,400), and construction support services ($78,030) totaling $753,430. NOTIFICATION Jose Luis Rodriguez (Rodriguez Brothers Engineering, Inc.) Jim Jackson (Garcia Juarez Construction, Inc.) John Williams (Williams Pipeline Contractors, Inc.) Leslie Card (KEC Engineering, Inc.) 0 0 Agenda Report Paae 3 April 20, 2010 Scott Denton (SDR Engineering, Inc.) Floyd Bennett (GCI Construction, Inc.) John Clarke (Clark Contracting Corporation) Henry Barber (Doty Bros. Equipment Company) Timothy McFayden (Pro -Craft Plumbing Company, Inc.) Mohammad Abadi, P. E. (Adams -Streeter Civil Engineers) Dennis Boratynec (Lawson & Associates Geotechnical Consulting, Inc.) Todd Niemann (TWNiemann, Inc.) Susan Yee (CalTrans District 12) Janelle Mauch (Association Management & Maintenance Corporation or AMMCOR) Craig Farrington (Woodruff, Spradlin & Smart) Martin Lee, Esq. (Feldsott & Lee) RECOMMENDATION By motion, Award the contract for Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project (CIP No. 07501) to the lowest responsible bidder, Rodriquez Brothers Engineering, Inc., in the amount of $675,400, and reject all other bids; and, 2. Approve Personal Services Agreement with Lawson & Associates Geotechnical Consulting, Inc., Adams -Streeter Civil Engineers, Inc., and TWNiemann, Inc., for construction support services in the total amount of $78,030 and authorize the City Manager to execute the agreements. Respectfully submitted: 9 -- Nasser AbbaszadP. E. Public Works Director Prepared b Khoon Tan, P.E. Associate Engineer Attachment(s): 1. Location Map 2. Personal Services Agreements (Lawson & Associates, Adams - Streeter Civil Engineers, and TWNiemann, Inc.) 3. Contract (Rodriguez Brothers Engineering, Inc.) THE CITY OF SAN JUAN CAPISTRANO CALLE RESPLENDOR STORM DRAIN IMPROVEMENTS (CIP 07501) AL at 1. f y i 0 3000 6000 9000 Feet ATTACHMENT PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of April, 2010, 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 Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "1-A", attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "1-A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2010. Section 3. Compensation, 3.1 Amount. Total compensation for the services hereunder shall not exceed Sixteen Thousand and Thirty Dollars ($16,030) as set forth in Exhibit "1-A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. ATTACHMENT 2 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. SeSe t�6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 2 • 10 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 httr)://www.uscis.gov, or access the registration page at httos://www.vis-dhs.comfemploverrecistration. 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. 3 Section 13, Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be 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). 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 amountas 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 on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughoutthe 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. 14.8 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 5 Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. if the other party does not cure the breach of contract, then the agreement 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: Lawson & Associates Geotechnical Consulting, Inc. 1319 Calle Avanzado San Clemente, CA 92673 Attn: Dennis Boratynec 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 C` IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: 7/ I Oil r� CITY OF SAN JUAN CAPISTRANO 0 Joe Tait, City Manager CONSULTANT By: �TL�---- Deis Berate�Aee President Lawson & Associates, Inc. E 0 Lawson & Associates Geotechnical Consulting, Inc. EXHIBIT "1-A" March 22, 2010 Project No. 101027-01 W. Khoon Tan City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject. Proposal to Provide Geotechnical Observation and Testing Services during Storm Drain Construction, Calle Lorenzo and Calle Resplendor, City of San Juan Capistrano, California Introduction Lawson & Associates Geotechnical Consulting, Inc. (LGC) is pleased to submit this proposal and cost estimate to provide geotechnical observation and testing services during construction of the proposed storm drain along Calle Lorenzo and Calle Resplendor in the City of San Juan Capistrano, California. Based upon our review of the construction plans prepared by Adams Streeter Civil Engineers, Inc., we understand that the project will include the construction of approximately 1,400 feet of storm drain along Calle Lorenzo and Calle Resplendor. The average depth of the proposed storm drain trench is approximately 6 to 10 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 storm drain trench excavation bottom and backfill, replacement of pavement and curb and gutter, and paving, Our services will also include laboratory testing of the encountered soil material for maximum dry density and optimum moisture content. Scone of Geotechnical Services Services provided during construction of the storm drain lines will include the following: • Familiarization with the Specifications and Contract Documents package (including current geotechnical report) for the subject site, provided by you. • Observation and testing of excavation bottoms and subsequent trench backfill operations. Our field representatives will be on site on a part-time, on-call basis. • Laboratory testing during construction, including maximum dry density and optimum moisture content. • Observation and testing of subgrade and base below replaced sidewalk and curb and gutter, and replacement asphalt paving upon completion of trench backfill operations. Our field representatives will be on site on a part-time on-call basis during these operations. 1319 Calle Avanzado . San Clemente . CA 92673.6351 • (949) 3694141 • fax (949) 369.6142 0 0 Preparation of one "As -Built' geotechnical report at the conclusion of construction. Information contained in this report will include a summary and description of our observations, field and laboratory test results, and the geotechnical conditions encountered during construction operations at the site. Note: Our services will only address the geotechnical issues associated with the site and will not address any environmental issues. Cost Estimate Our cost estimate is based upon information provided by you. Since no construction schedule was available at this time, we have estimated construction duration based on our experience with similar projects. We anticipate that each working day will be comprised of four hours for the part-time portion of the construction. Task Estimated Rate Total Hours Observation and testing during storm drain excavation & backfill 100 $95 $ 9,500.00 - Assume 25 working days to complete (a, 4 hours per day Observation and testing during replacement of sidewalk, curb & gutter, and paving 24 $95 $ 2,280.00 - Assume 6 working da s to com Tete 4 hours er da Laboratory testing (max density vs. optimum moisture, sieve N/A n/a $ 750.00 analysis, & sandequivalent) _Project coordination & preparation o_f final geotechnical report N/A N/A $ 3,500.00 TOTAL: $16,030.00 We propose to perform the above -listed geotechnical services on a time -and -materials basis in accordance with our attached 2007 Professional Fee Schedule for an estimated amount of Sixteen Thousand Thirty Dollars ($16,030.00). 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 storm drain trench is required for observation and testing; 3. Contractor may not proceed with pipe placement until the bottom of the excavation has been approved by our field representative; and Project No. 1 01 02 7-01 Page 2 March 22, 2010 0 4. Construction operations will be performed during normal working hours, Monday through Friday, between 7:00 am to 4:00 pm. Our cost estimate floes 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. i Closure If this proposed meets with your approval, please provide us with the necessary work authorization. We will be prepared to start work upon signing a mutually agreeable contract. 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. 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. \ Dennis Btynec Vice Presid .nt DJB/kjf Attachment: 2007 Professional Fee Schedule Distribution: (2) Addressee Project No. 101027-01 Page 3 March 22, 2010 Lawson & Associates Geotechnical Consulting, Inc. 2007 PROFESSIONAL FEE SCHEDULE GEOTECHNICAL SERVICES Professional Billing Rate (per hour) WordProcessing..................................................................................................................................... $ 45.00 TechnicianI................................................................................................................................................. 60.00 CADOperator............................................................................................................................................. 65.00 SeniorField Technician .............................................................................................................................. 85.00 Technician/Senior Technician Prevailing Wage......................................................................................... 85.00 StaffEngineer/Geologist............................................................................................................................. 85.00 Senior Staff Engineer/Geologist/Scientist................................................................................................ 100.00 Field Supervisor/Operations Manager...................................................................................................... 105.00 Project Engineer/Geologist.................................................... :...................................... ....... ....... .............. 110.00 AssociateEngineer/Geologist................................................................................................................... 130.00 Principal Engineer/Geologist.................................................................................................................... 170.00 Engineering Equipment VehicleUsage...........................................................................................................................$ 10.00/perhour 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. 1319 Calle Avanzado • San Clemante • CA 92673-6361 • (949) 369.6141 • Fax (949) 369.6142 Laboratory Charges Test Rate MoistureContent.................................................................................................................................... $ 10.00 Moisture and Density (ring samples).......................................................................................................... 20.00 Moisture and Density (shelby tube)............................................................................................................ 60.00 Maximum Dry Density (optimum moisture content)................................................................................ 150.00 Maximum Density Checkpoint................................................................................................................... 75.00 Specific Gravity - Fine Aggregate.............................................................................................................. 85.00 Specific Gravity -Coarse Aggregate.......................................................................................................... 80.00 SieveAnalysis............................................................................................................................................. 70.00 HydrometerAnalysis................................................................................................................................ 105.00 Sieve and Hydrometer Analysis................................................................................................................ 150.00 Percent Passing No. 200 Sieve.................................................................................................................... 55.00 Liquid Limit and Plastic Limit.................................................................................................................. 115.00 Liquid Limit -Non Plastic(1pt)................................................................................................................. 80.00 SandEquivalent.......................................................................................................................................... 80.00 Expansionindex........................................................................................................................................ 145.00 Direct Shear (shear rate of 0.05 in./min.).................................................................................................. 250.00 Direct Shear (shear rate of lower than 0.05 in./min.)................................................................................ 290.00 SinglePoint Shear....................................................................................................................................... 90.00 Consolidation (w/o time rate).................................................................................................................... 185.00 w/time rate, add (per increment).......................................................................................................... 45.00 w/extra load, add (per load)................................................................................................................. 40.00 CollapseTest............................................................................................................................................. 100.00 It -Value (untreated)................................................................................................................................... 275.00 R -Value (treated)....................................................................................................................................... 300.00 CBR(untreated) per point......................................................................................................................... 175.00 SulfateContent............................................................................................................................................ 50.00 ChlorideContent......................................................................................................................................... 50.00 pHand Resistivity .................................................................................................................................... 175.00 Caltrans216 Compaction..........................................................................................................................200.00 Triaxial testing, residual shear testing, permeability, abrasion, and special testing will be charged at hourly rates. Materials testing fees and additional laboratory testing fees will be provided upon request. Laboratory samples will be retained for 60 days. A monthly storage fee of $3.00 per bag/$1.00 per ring will be assessed if longer storage is required. Weekend testing and RUSH tests may be provided to Clients upon requests and additional charges will be determined on a project -by -project basis. 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of April, 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Adams -Streeter Civil Engineers, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction support services for the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "1-A," attached and incorporated herein by reference. To the extent that , there are any conflicts between the provisions described in Exhibit "1-A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Nineteen Thousand Seven Hundred and Fifty Dollars ($19,750) as set forth in Exhibit "1-A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 0 0 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (t) 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, however, it is recognized that Consultant must perform with due and reasonable diligence in accordance with professional standards. IN 0 Section 9. Compliance with Law: E-Vorifv. 9.1. Compliance with Law. Consultant shall comply with all applicable laws; ordinances, codes and regulations of federal, state and local government in effect at the execution of the Agreement. 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://wwwusois.gav_, or access the registration page ath saiwww_v_is c1Yrs.com,''empioverrp t4 ration. 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. Coples 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, except as required by law or as needed to establish a defense. 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. City agrees not to reuse or modify project documents and to defend and indemnify Consultant if project documents are reused or modified. 0 0 Section 13. Indemnf . 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, to the extent caused by the negligence, 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). 4 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 on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. 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 San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Khoon Tan, P.E. To Consultant: Adams -Streeter Civil Engineers, Inc. 15 Corporate Park Irvine, CA 92606 Attm Randal L. Streeter, P.E. Section 17, Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing parry shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled to which he may be entitled to the extent incurred as a resuft of negligent performance. 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 Aoreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Pi IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO M Joe Tait, City Manager CONSUL T By: CGvLD z 6� Ra dal L. Streeter, P.E: Adams -Streeter Civil Engineers, Inc. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: [('11,21. J I MI wNY1, WIM i .. -� - EXHIBIT "1-A" PROPOSAL FOR ENGINEERING SERVICES FOR CONSTRUCTION SUPPORT SERVICES CALLS LORENZO AND CALLE RESPLENDOR STORM DRAIN (CIP 07501) SAN JUAN CAPISTRANO, CALIFORNIA Prepared For: City of San Juan Capistrano Mr. Khoon Tan PE 32400 Paseo Adolanto San Juan Capistrano, CA 92675 Prepared By: 15 Corporate Park Irvine, California 92626 Attention: Randal L. Streator Telephone: (949) 474-2330 Fax: (949) 474-0251 E -Mail: rstreetarru�,,,�ad ms_streeter.com March 19, 2010 March 19, 2010 Mr. Khoon Tan PE City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: CONSTRUCTION SUPPORT SERVICES CALLS LORENZO AND CALLE RESPLENDOR STORM DRAIN (CIP 07501) SAN JUAN CAPISTRANO, CALIFORNIA Dear Mr. Tarr In response to your request, we are pleased to submit this proposal for Construction support services for the subject project. SCOPE OF MRK The Scope of Work, subject to your approval, will be as follows: 1. PRECONSTRUCTION MEETINGS AND FIELD SITE VISITS Attend preconstructon meetings and visit the project site as requested by the city to address field issues that may arise during the construction. 2. SHOP DRAWING REVIEW Provide reviews of shop drawings submitted by the contractor to ensure conformance with project plans and specifications. Mr. Khoon Tan PE City of San Juan Capistrano March 19, 2010 Page 2 3. MATERIAL SUBMITTAL AND SUBSTITUTE MATERIAL REVIEW Review material submittals and material substitutions by the contractor to ensure the materials are appropriate for the project. 4. REQUEST FOR INFORMATION (RFI) Provide response to Requests for Information and details for City staff/contractors and provide alternative designs/solutions that may be needed to address any issues not anticipitated and unknown conditions encountered In the field during construction. 5. AS -BUILT AND RECORD DRAWINGS Prepare as -built drawings based on the redlined as -built plans provided by the project contractor. Revise AutoCAD drawings to reflect the as -built conditions and .provided one set of mylar and one set of CD with electronic files for City records. ASSUMPTIONS AND EXCLUSIONS 1. Inspection, soils and geotechnical services are not included in this scope of work. 2. This scope of work is based on the approved storm drain plans for the subject project. 3. Redesign, revisions and changes to plans are not included in this scope of work except as stated in the above scope of work. 4. Structural calculations or review of shoring design is not included in this scope of work. 5. Construction surveying or surveying for as-builts is not included in this scope of work. Mr. Khoon Tan PE City of San Juan Capistrano March 19, 2010 Page 3 The total engineering fee, not to exceed without written authorization, will be: 1. Preconstruction meetings and field site visits............................................................. $ 5,250 2. Shop drawing Review................................................................................................ $ 3,500 3. Material submittal and substitute material review ....................................................... $ 3,250 h. Request for information (RFI)......................................................................................$ 5,000 5. As -built and record drawings.......................................................................................$ 2,750 GRAND TOTAL .............................................. 7 0 Mr, Khoon 1 an PE City of San ,luan Capistrano March 19, 2010 Page 4 BILLING El NI Lilling will be invoiced niorilnly on a percentage completion basis. the above Scope, of Work and any additional scrvk:es will be based on the following current dourly rates: Of"'M $125rHour Field 2 -Mian Survey Crew $215/} 4utjr These rates will remain in effect through .July, 2090, at which time they may be changed due to Union negotiations. A'1 out-of-pocket ¢oxpenseq; such as filing fees, reproduction and delivery charges will be f�xtra and invoiced at our direct cost. It is a plo asuro' to Su n it this proposal vvo wrculd bu hieppy to discuss its intent Kith you at your convenience. Pleasre sign below and return the document to Out' office for our signature. We will return a fully executed copy for your records We look forward to providing you the Finest in engineerin J setrvivas and related technical eassistanc& vary t_uiy your'S, - A ., Ran(oi t. Streetcar Vice Presider:t PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 20th day of April, 2010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and TWNiemann, Inc. (hereinafter referred to as the "Consultant'). RECITALS: WHEREAS, City desires to retain the services of Consultant to provide construction management services for the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "1-A", attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "1-A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term, This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Forty Two Thousand Two Hundred and Fifty Dollars ($42,250) as set forth in Exhibit "1-A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. in the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 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 httr)://www.uscis.cov, or access the registration page 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. Section 11C. 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 anyway 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). D 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 shalt 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 on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. 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: TWNiemann, Inc. 124 Avenida San Diego San Clemente, CA 92672 Attn: Todd Niemann, CCM. 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 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: mar San oval, City Attorney CITY OF SAN JUAN CAPISTRANO Joe Tait, City Manager CONSULTANT By: — dd Niemann, President TWNiemann, Inc. 7 C1 March 31, 2010 Mr. Khoon Tan, P.E. Associate Engineer Public Works Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 C Subject: Proposal for Professional Construction Management Services forthe Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501) Dear Mr. Tan: T`JJNiemann, Inc. (?WN) is pleased to present our Proposal to provide Professional Construction Management Services in support of the City of San Juan Capistrano's, Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project. After reviewing the plans and specifications, and visiting the project site, we have familiarized ourselves with the project and work required. We understand that the work consists of the construction ofapproximately 1,600linear feet ofnew parallel 36" RCP storm drain lines along Calle Lorenzo and CalleResplendor. Work also includes improvements to the existing 36' storm drain inletand headwall structurelocated within the Casitas Capistrano property. The project will be challenging andtheproper management of traffic control, construction operations. overhead/underground utility conflicts, environmental mitigation measures and the processes involved in storm drain and underground construction are critical - Meeting these challenges will require diligent monitoring, keen organizational skills and flawless coordination with the City, contractors, regulatory agencies, utility companies and community. Discussing this plan with the Contractor ahead of mobilization is one of our proactive strategies to facilitate the construction effort with the global mea of being a "project advocate". Wewill provide a competent, experienced team to meet these challenges and any others that may arise. Our proven experience and success on similar projects provides us with the tools necessary to execute these tasks. - This experience with every aspect of the work and our proactive approach ensures a seamless integration of this project into the community. _ Most important is our general philosophy to represent the Client in the best manner as an advocate for the project while creating a proactive working environment with the Contractor. We have over 20 years of construction experience in Orange County and are known and respected by most public works contractors, This relationship immediately fosters trust and mutual respect, which In turn, leads to rapid issue resolution, adherence to schedules and ultimately a successful project. _ Our team is tailored specifically to provide the City of San Juan Capistrano with the resources and expertise to meet project goals—that means delivering a projectthat will beconstructed per the plans and specifications and constructed on time and within budget. 124AVENIDA$ANNEGO $A.NCLEM-Uri CA 92672 1492%647%1 9492?6n772 Mr. Xhoon Tan March 31. 2010 Page 2 By selecting 7WN foryour professional construction management services, the City of San Juan Capistrano wilfbenefit from a local highly quali€fed firm experienced in providing cost-effectfve solutions to municipalities. Specific benefits derived from selecting as include: ✓ Uniquefamillaritywith the City of San Juan Capistrano as the proposed Construction Manager and Inspector haveboth successfu8y provided similar construction management & public works inspection services to the City-, ✓ Professional Certified Construction Manager (CMCI No. A1226) trained and certified in the practice of professional management applied to the planning, design and construction of projects from inception to completion for the purpose of controlling tune. scope, cost and quality, ✓ Registered- and Certified Public Works Inspector ensuring a competent, experienced, and well-trained construction inspector, - ✓ Licensed General A & B Contractor (CSLB No, 7a4760) with specialized experience in engineering and building construction means,methods and practices thereby bringing the "Contractor's' perspective to the Owner's side of the table, and ✓ Experienced staff with a thorough knowledge of construction activities, contract administration,canslruction management, and quality assurance services with:resources to provide for immediate response to the City of San Juan Capistrano's needs. Our team is qualified, locally proven, competent, and professional. We will meet the specific challenges of this project. This project is our priority and our team is committed! We have enclosed the following additional information for your review and consideration! Exhibit "A" Scope of Services. Exhibit "B" Compensation, Exhibit "B-1` Fee Schedule, and Exhibit "B-2" Alternate Fee Schedule. Exhibit' B- 1" includes a Construction Manager and Project Inspector both at a part-time basis. Exhibit "6-2" Altemate includes only a Resident Engineer. The scope of work and deliverables are the same for both. Please let us know if you would like to discuss this in more detail_ - Thank you for the opportunity to submit this proposal. We look forward to meeting with you to discuss how we will meet the goals and objectives of this very important project, in the meantime, should you have any questions, please contact me anytime at (949) 212-4231. Sincerely, TVVNiemann I Inc Todd Niemann, CCM - - President - Construction Manager Attachments: Exhibit "A" Scope of Services Exhibit "S" Compensation Exhibit "B -t" Fee schedule Exhibit "8-2" Fee Schedule —Alternate Cc File 0 0 Construction Management Services Mwrh31,2010 Calle LommzolCalle Resplendor— CIP 07501 Pagel EXHIBIT "A" SCOPE OF SERVICES TWNiemann 1 Inc (TWN) shall provide the following Professional Construction Management Services for the City of San Juan Capistrano's Calle Lorenzo and Calle Resplendor Project (CIP 07501) at the request and direction of the City's Public Works Department: TASK 1 —PRE -CONSTRUCTION AND PROJECT SUPPORT SERVICES 1. Develop Project Management Plan & Review with City Project Management 2. Customize CM Project Manual & Contractor's Handbook 3. Project & Design Team Kick-off Coordination Meeting 4. Project QA(QC Kick-off Review & Coordination Meeting i 5. Pre -Job Kick-off Meeting with Contractor 6. Pre -Construction Conference Agenda, Coordination & Administration 7. Preparation and Distribution of Pre -Construction Meeting Minutes 8. Coordinate Submittal/Approval Process 9. Procurement Review and Authorization 10, Document Control Protocois 11. Existing Condition Video & Photo Documentation 12. Long Lead Item Identification 13, Utility Coordination TASK 2—CONSTRUCTION SERVICES 1. Construction Management, Inspection, and Quality Assurance Services 2. Construction Methodology & Logistical/Site Utilization 3. Cost/Change Control Management, Evaluation & Reporting 4. Schedule Control Management & CPM Construction Scheduling 5. Budget Management & Periodic Financial Reporting 6. Quality Control & Assurance Reporting 7, Document Control B. Construction Contract Administration 9. Project Accounting, Funding Analysis & Reporting 10. Dispute Resolution & Change Order Negotiations 11. Weekly Progress Meeting Administration 12. Schedule & Monitor Survey and Testing 11 Utility Coordination & Scheduling 0 Construction Management Services Calle LorenzolCalle Resplendor— CIP 07501 Maxh31, 2010 Page 2 14. As -built Review and Approval 15, Coordinate, Log and Transmit Material Submittals and Shop Drawings 16. Prepare Progress Payment Estimates 17. Weekly Statement of Working Days Accounting 18. Requests for Information/Requests for Clarification (RFI/RFC) Coordination 19. Shop Drawings, Fabrication, and Mill Testing of Equipment and Materials Coordination 20. Assist in the Coordination and Testing of Equipment, Materials and Appurtenances for Conformance with the Design Concepts and Contract Documents 21. Review and Evaluate Test Results and Make Appropriate Recommendations to City Project Management Prior to the Installation of Equipment and Acceptance of the Constructed or Furnished Facilities 22. Prepare Supplementary Sketches and Details, as Required, to Resolve Field Construction Issues 23. Prepare a Work Schedule for Project Related Tasks and Staffing Requirements 24. Coordinate with City Staff and Representatives of Utilities, Government Agencies, and Community During Construction 25. Arrangt for and Participate in Meetings, In Addition to Weekly Project Progress Meetings, with City Project Management to Review Progress of the Project and Exchange Ideas and Information 26. Meet with City Project Management to discuss the key issues and develop general Project Criteria for Construction, Including Schedule and Possible Ways of Minimizing Problems (TWN will prepare and submit meeting agendas for approval prior to each meeting) 27. Record the Minutes of all Meetings and Submit a Copy of the Minutes to City Project Manager within Five (5) Working Days after Each Meeting TASK 3 — POST CONSTRUCTION SERVICES a 1. Preliminary and Final Punch -List Preparation, Coordination and Administration 2. Develop Functional Testing & Start-up Plan 3. Confirm Resolution of All Outstanding Claims 4. Start-Up/Commissioning & Turnover Coordination 5. Landscape Maintenance & Plant Establishment Coordination & Monitoring 6. Warranty Program Review & Coordination 7. Review As -built Plans for Accuracy & Turnover 8. Submit Final Construction File to City Project Manager 9. Provide Assistance in Verification of Intermediate and Final Acceptance. Final Acceptance Shall Require All the Components for the Project to be Fully Operational, Including Necessary Testing, Start-up and Jurisdictional Transfer of all or the Respective Portions of Each Substantially Completed Facility from its Construction Phase to Operational Phase 0 0 Construction Management Services Afanh 31, 2010 Calle LorenzolCafle Resplendor — CIP 07501 Page 3 CLIENT RESPONSIBILITIES 1) Provide access to the site as necessary. 2) Provide all applicable approved plans and related Contract Documents. 3) Obtain all necessary permits. 4) Acquire all required environmental clearances for the project. 5) Client will require any construction contractors to indemnify TWNiemann, Inc. from any and all losses, damages, claims, expenses, including attorneys fees, and costs arising out of the contractor's work, excepting only losses, damages, claims, expenses including attorneys fees, and costs which are caused by the sole negligence or willful misconduct of TWN in performing it's services undei this agreement. Client will require that the construction contractors add TWNiemann, Inc. (Consultant) as an additional insured in the comprehensive general liability, auto liability, workers' compensation and builders risk insurance coverage required by Client. 6) All other work not specifically noted in this scope of services. 7) Additional Construction Management, Inspection, and or Quality Assurance services will be performed, if requested, on an hourly basis for an additional fee under a separate work authorization. EXCLUSIONS Any work relating to the following is specifically excluded from the Scope of Services proposed herein and, if required, must be contracted for under a separate contract or as an addendum to this contract: 1) Utility potholing 2) Field office 3) Right -of -Entry or Agency permit processing 4) Hazardous waste investigations and management 5) Traffic control management 6) Construction survey 7) Any other work task not specifically in the Scope of Services Construction Management Services Mareh31, 2010 Calle Lorenzo/Calle Resplendor— CIP 07,501 Page 4 EXHIBIT "B" COMPENSATION TWN shall be compensated for the Scope of Services described herein on a time and materials basis according to the attached Fee Schedule (Exhibit "B-1" &'B-2" ALTERNATE) and budgets based upon estimated construction duration of seventy-five (75) calendar days: WORK TASK — EXHIBIT "B-11" CM SERVICES FEE Task 1 Pre -Construction & Project Support Services $4,200 Task 2 Construction Services $35,250 Task 3 Post Construction Services $2,800 TOTAL BUDGET $42,250 WORK TASK — EXHIBIT "B-2" RE SERVICES (ALTERNATE) FEE Task 1 Pre -Construction & Project Support Services $4,060 Task 2 Construction Services $31,890 Task 3 Post Construction Services $4,060 TOTAL BUDGET $40,010 Progress billings will be forwarded to the Client on a monthly basis and net will be due within thirty (30) days of receipt. These billings will include the fees earned for the billing period plus all direct costs advanced by TWN. The hourly rate includes all gas, mileage and cell phone charges. The Client shall make every reasonable effort to review invoices within fifteen (15) calendar days from the date of receipt of the invoices and shall notify TWN in writing of any particular item that is alleged to be incorrect. Due to ever-changing costs, the Hourly Rate is normally re-evaluated during the month of January of each year to determine the need for any changes to the rates in effect during the previous year. However, the fees noted herein shall apply until December 31, 2010. Due to ever-changing costs, TWN will increase those por ions of the contract fee for which work must still be completed after December 31, 2010 by an amount agreeable with the City of San Juan Capistrano. Subconsultant, reproduction, messenger service, delivery, and all other services required as a direct expense of the project will be charged as an additional cost plus 15%. � ?#< \ f§§ w kk}\ ! / F— �ƒ£{ LLJ LL § k k k V- �22)« � 0 /\\ w ° fD ) � ?#< f§§ E - + 2° : U) .0 \e :0 {!©© \ \ IL \ 0 10 13, \ LU \ I. - \; LU z 2/ § /\ � \§ ƒ &) 0 £3 § � a �! 3� §) \\ k) 0\ /\ /) � \ \ 0 \ .LLI IL Z§E LL, U) F- IL w < k§ / $� Mfr= � § Lu ! ■ E§)7 E5 d b / 0 � ) { LL ° < $ q »: 0ILd a� » \\ (§{ Cil E L) § § | \ § \\ } §; I-- (�) 2� \2 } \\ \\ }\ \ ! \ � � ) { CONTRACT This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "CITY" hereinafter referred to as "CONTRACTOR." IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: FIRST. CONTRACT DOCUMENTS. The contract documents shall be considered to include the Notice Inviting Bids, the Instructions to Bidders, the Proposal, the Bid Bond, the Non -Collusion Affidavit, the Designation of Sub -Contractors, the Contract which is prepared for execution by the CITY and the CONTRACTOR. Plans, Specifications and Special Provisions, the Standard Specifications for Public Works Construction, 2006 Edition, including all Supplements, Contract Bonds, Resolutions adopted by the CITY pertaining to the work, insurance policies and certificates, and any supplemental written agreements amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner. SECOND. THE WORK. CONTRACTOR agrees to furnish all tools, labor, material, equipment, transportation, and supplies necessary to perform and complete in good and workmanlike manner the construction of Calle Lorenzo and Calle Resplendor Storm Drain Improvement Proiect (CIP 07501) 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, may be granted as provided in the Specifications. C-1 ATTACHMENT 3 0 0 FIFTH. PERFORMANCE BOND AND LABOR AND MATERIAL BOND. CONTRACTOR agrees to furnish bonds guaranteeing the performance of this contract and guaranteeing payment of all labor and material used under this contract, as required by the laws of the State of California, on forms approved by the CITY. The Performance Bond shall be for an amount of one hundred percent (10001o) of the amount of this contract and shall be conditioned on full and complete performance of the contract, guaranteeing the work against faulty workmanship and materials for a period of one (1) year after completion and acceptance. The Labor and Material Bond shall be for an amount of one hundred percent (100%) of the amount of this contract and shall be conditioned upon full payment of all Labor and Material entering into or incidental to the work covered by this contract. CONTRACTOR agrees to furnish the bonds on the forms found within the Specifications. CONTRACTOR agrees to pay CITY such sum as the Court may judge as reasonable for the legal services of any attorney representing the CITY in any action brought to enforce or interpret the obligations of this agreement, and such sums shall be made a part of any judgment in such action against CONTRACTOR if such action is determined in favor of said CITY. The required Performance, Labor and Materials Bonds, and Bid Bond shall provide that the surety shall pay attorney's fees incurred by CITY in enforcing this agreement. SIXTH. GENERAL PREVAILING RATE OF PER DIEM WAGES. Pursuant to the Labor Code of the State of California, copies of the prevailing rate of per diem wages, as determined by the Director of the State Department of Industrial Relations, are on file in the Office of the City Clerk, 32400 Paseo Adelanto, San Juan Capistrano, California, and are hereby incorporated and made a part hereof. CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less than the foregoing specified prevailing rates of wages to all workmen employed in the execution of the contract. SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability and property damage insurance naming the CITY and its elected and appointed officials as anamed 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 orshall have an attached riderproviding that in the event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY shall be notified by registered mail, return receipt requested, giving a sufficient time before the date thereof to comply with the applicable law or statute but in no event less than thirty (30) days before expiration or cancellation is effective. CONTRACTOR shall provide to CITY the policy certificate establishing that the required level of insurance has been satisfied. CONTRACTOR shall indemnify, defend and save harmless the CITY, Tetra Tech, its officers, agents, and employees from and against any and all claims, demands, loss or liability of any kind or nature which CONTRACTOR, its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, damage to property as a result of, or arising out of, or in any manner connected with the performance of the obligations under this contract. EIGHTH. COMPLIANCE WITH OTHER PROVISIONS OF LAW RELATIVE TO PUBLIC CONTRACTS. CITY is subject to the provisions of the Government Code and the Labor Code of the State of California. It is stipulated and agreed that all provisions of law applicable to public contracts are a part of this contract to the Same extent as though set forth herein and shall be complied with by CONTRACTOR. These include, but are not limited to, the stipulation that eight (8) hours labor constitute a legal day's work and CONTRACTOR shall, as a penalty to CITY, forfeit Twenty-five Dollar ($25) for each workman employed in the execution of the Contract by CONTRACTOR, or by any SUB -CONTRACTOR, for each calendar day during which such workman is required or permitted to work more than eight (8) hours in violation of the provisions of Article Three, Chapter One, Part Seven, Division 2, of the California Labor Code, except as permitted by law. C-3 0 0 If CONTRACTOR 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/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 agent(s) of CITY, pursuant to City Council action, and by CONTRACTOR on the date set before the name of each. DATED: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney City of San Juan Capistrano Dr. Londres Uso, Mayor BY: CONTRACTOR, LICENSE NO. AND CLASSIFICATION C-4 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 4931053 FAX R "wsanjuancapistrano.org TRANSMITTAL TO: Lawson & Associates Geotechnical Consulting, Inc Attn: Dennis Boratynec 1319 Calle Avanzado San Clemente, CA 92673 DATE: April 21, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURA FREESE THOMAS W. HRIBAR MARK NIELSEN DR. LONDRES USO RE: Personal Services Agreement — Construction Support Services Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project. Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Khoon Tan, Associate Engineer at (949) 443-6353. Cc: Khoon Tan, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100/ recyGed paper