10-0420_TWNIEMANN, INC._Personal Services AgreementPERSONAL 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 Resplenclor 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 "l -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 mor�hly 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 Subcontractinci and Assionment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to City for
the acts and omissions of its subcontractor as it is for persons directly employed. Nothing
contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scove 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 bythe City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
2
Section 9 Compliance with Law; E-Verit .
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 registrrtion page at httr)s://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 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. Indemnit .
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 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 Cancel I ation/Terml nation of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days'written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
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 A-greement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
APPROVED AS TO FORM:
Q144 [j hA jq ij"7j
.z Ulf I LAZI
mar Sanboval, City Attorne�
CITY OF SAN JUAN CAPISTRANO
By:
City Manager
CONSULTANT
By: _ -[Vd-d Niemann, President
TWNiemann, Inc.
March 31, 2010
Mr, Khoon Tan, RE,
Associate Engineer
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposal for Professional Construction Management Services for the Calle Lorenzo and Calle
Resplendor Storm Drain Improvement Project (CIP 07601)
Dear Mr, Tam
TVVNiemann, Inc. (TWN) is pleased to present our Proposal to provide Professional Construction Management
Services in support of the City of San Juan Capistrano's Calls Lorenzo and Calle Resplendor Storm Drain
Improvement Project.
After reviewing the plan� and specifications, and visiting the project site, we have familiarized ourselveswith the project
and work required. We understand that the work consists of the construction of approximately 1,600 linearfeet of new
parallel 36"RCP storm drain lines along Calle Lorenzo and Calle Resplendor, Work also includes improvements to the
existing 36' storm drain inlet and headwall structure located within the Casitas Capistrano property.
The project will be challenging and the proper management of traffic control, construction operations,
ovef headlunderground utility conflicts, environmental mitigation measures and the processes involved in storm drain
and underground construction are critical. I
Meeting these challenges will require diligent monitoring, keen organizational skills and flawless coordination Nth 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 idea of being
a 'project advocate".
We will 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 forthe 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 project that will be constructed perthe plans and specifications and constructed
on time and within budget.
124 AVENIDA SAN DIEGO SAN CLEMENTE CA 92672 949 276 4771 9492764772
Mr Khoon Tan
Mamh 31. 2010
Page 2
By selecting TWNforyourprotessional construction management services, the City of San Juan Capistrano
will benefit from a local highly qualified ftrm experienced in providing cost-effective solutions to municipalities,
Specific benefits derived from selecting us include:
v Unique familiarity With the City of San Juan Capistrano as the proposed Construction Manager and Inspector
have both successfully 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 time, scope, cost and quality,
• Registered and Certified Public Works Inspector ensuring a competent, experienced, and well-trained
construction inspector,
• Licensed Geri A & B Contractor (CSLB No, 784780) with specialized experience in engineering and
building construction means, methods and pracfices thereby bringing the "Contractors" perspective to the
Owner's side of the table, and
• Experienced staff with a thorough knowledge of construction activities, contract administration, cOnstruction
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'13-1" Fee Schedule, and Exhibit"B-2"Aftemate Fee Schedule. Exhibit"B.
1' includes a Construction Manager and Project Inspector both at a part-time basis. Exhibit 'B-2" Alternate 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,
TWNiomann I Inc
------ I A ,
Todd Niemann, CCM
President
Construction Manager
Attachments Exhibit "A" Scope of Services
Exhibit "B" Compensation
Exhibit '13-11" Fee Schedule
Exhibit "B-2" Fee Schedule —Alternate
Cc File
,� D" , -11, , ". T�. 1-
Construction Management Services March31,2010
Calle LorenzolCalle Resplendor - CIP 07501 Page I
EXHIBIT "Alp
SCOPE OF SERVICES
TWNiemann I I nc (TWN) shall provide the following Professional Construction Management Services
for the City of San Juan Capistrano's Calle Lorenzo and Calle Resplenclor 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
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. Documpnt Control Protocols
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
8. 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
13. Utility Coordination & Scheduling
Construction Management Services March31,2010
Calle LorenzolCalle Resplendor - CIP 07501 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. Arrange 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
1. Preliminary and Final Punch -List Preparation, Coordination and Administration
2. Develoo 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
Construction Management Services March31,2010
Calle LorenzolCalle Resolendor - CIP 07501 Page 3
CLIENT RESPONSIBILITIES
1 ) Provide access to the site as necessary.
2) Provide all app:icable 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 under 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 Maruh3l,2010
Calle LorenzolCalle Resplendor - CIP 07501 Page 4
EXHIBIT "1359
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-1 " 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. Thesa 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 effortto review invoiceswithin fifteen (15) calendardays fromthe 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 portions 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%.
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Niernann � Inc
A CONSTRUCTION MANAGEMENT COMPANY
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
Subject: Proposal for Professional Construction Management Services forthe Calle Lorenzoand Calle
Resplenclor Storm Drain Improvement Project (CIP 07501)
Dear Mr. Tan
TWNiemann, Inc. (TWN) is pleased to present our Proposal to provide Professional Construction Management
Services in support of the City of San Juan Capistrano's Calls Lorenzo and Calls Resplenclor Storm Drain
Improvement Project.
After reviewing the plans and specifications, and visitingthe projectsite, we have familiarized ourselvesmith the project
and work required. We understand that the work consists of the construction of approximately 1,600 linear feet of new
parallel 36" RCP storm drain lines along Calle Lorenzo and Calle Resplendor. Work also includes improvements to the
existing 36" storm drain inlet and headwall structure located within the Casitas Capistrano property.
The project will be challenging and the. proper management of traffic control, construction operations,
overhead/underground utility conflicts, environmental mitigatjon measures and the processes involved in storm drain
and underground construction are critical. I
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 idea of being
a "project advocate".
We will 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 bestmanner 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 project thatwill be constructed perthe plansand specifications and constructed
on time and within budget.
124 AVENIDA SAN DIEGO SAN CLEMENTE CA 92672 949 276 4771 9492764772
Mr. Khoon Tan
March 31, 2010
Page 2
By selecting TWN for your professional construction management services, the City of San Juan Capistrano
will benefit from a local highly qualified firm experienced in providing cost-effective solutions to municipalities.
Specific benefits derived from selecting us include:
• U nique familiarity with the City of San J uan Capistrano as the proposed Construction Manager and Inspector
have both successfully provided similar construction management & public works inspection services to the
City;
• Professional Certified Construction Manager (CMC1 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 time, scope, cost and quality,
• Registered and Certified Public Works Inspector ensuring a competent, experienced, and well-trained
construction inspector,
• Licensed General A & 8 Contractor (CSLB No, 784780) 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, c6nstruction
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 '13-2" Alternate Fee Schedule. Exhibit"13-
1 " includes a Construction Manager and Project Inspector both at a part-time basis. Exhibit "B-2" Alternate 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,
TWNiemann Inc
Todd Niemann, CCM
President
Construction Manager
Attachments: Exhibit"A" Scope of Sewices
Exhibit V Compensation
Exhibit '13-1 " Fee Schedule
Exhibit '13-2" Fee Schedule — Alternate
Cc File
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Construction Management Services Mairh3l,2010
Calle LorenzolCalle Resplendor — CIP 07501 Page I
EXHIBIT "A"
SCOPE OF SERVICES
TWN ieman n I I nc (TWN) shal I 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
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 Protocols
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
8. 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
13. Utility Coordination & Scheduling
Construction Management Services March31,2010
Calle LorenzolCalle Resplendor - CIP 07501 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. Arrange 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
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. Warrant� 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
Construction Management Services March31,2010
Calle LorenzolCalle Resplendor — CIP 07501 Page 3
CLIENT REsPONSIBILITIES
I ) 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 :,aused by the sole negligence or willful misconduct of TWN in performing it's
services under 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:
i ) 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 March31,2010
Calle LorenzolCalle Resplendor — CIP 07501 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-1 " 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 I 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 effortto review invoiceswithin 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, TWIN will increase
those portions 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%.
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4/20/2010
AGENDA REPORT D7
TO: Joe Tait, City Manager(�r
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Award of Contract for Calle Lorenzo & Calle Resplenclor
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,
Award the contract for Calle Lorenzo & Calle Resplenclor 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,
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
Agenda Report
Pacie 2
April 20, 2010
and contingencies, and for project administration, management, and inspection by
staff.
On February 16, 2010, City Council approved the projecfs 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
Rodriguez Brothers Engineering, Inc.
Garcia Juarez Construction, Inc.
Williams Pipeline Contractors, Inc.
KEC Engineering, Inc.
SDR Engineering, Inc.
GCI Construction, Inc.
Clark Contracting Corporation
Doty Bros. Equipment Company
Pro -Craft Plumbing Company, Inc.
* Bid numbers verified for four lowest bids,
Bid Amount
$ 675,400 *
$ 748,890 *
$ 802,915 *
$ 837,655 *
$ 841,855
$ 911,160
$ 996,125
$1,221,349
$1,345,800
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 engineer's 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.)
Agenda Report
Paqe 3
April 20, 2010
Scoff Denton (SDR Engineering, Inc.)
Floyd Bennett (GC1 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 Resplenclor 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:
Nasser Abbaszadeh, P.E.
Public Works Director
Prepar
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.)
ATTACHMENT1
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. Scone of Work.
The scope of workto be performed by Consultant shall consist of those tasks as set
forth in Exhibit "l -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 "l -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.
ATTACHIMENT2
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 Wor .
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 bythe 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.
Section7. 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.
Segtion 9. Compliance with Law, E-Verif .
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 Securily's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verifythe employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at httli://www.uscis.aov or
access the registration page at httos://www.vis-dhs.com/emploverregistration. Consuliant
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.
Segtion 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.
Se�etllon 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 13, Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant,
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
VI I 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 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 Employees 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 per -formed 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 policylpolicies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until afterthirty (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. iftheotherparty
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 Acireement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
0
Joe Tait, City Manager
CONSULTANT
By:
(fv\ 1'ck President
Lawson & Associates, Inc.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
ISO'
wo " aj ffl=�
Lawson & Associates Geotechnical Consulting, Inc.
EXHIBIT "I -A"
March 22, 20 10 ProjectNo. 101027-01
Mr. Khoon Tan
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject. Proposal to Provide Geolechnical Observation and Testing Services during Storm Drain
Construction, CaMe Lorenzo and Calle Resplendor, City of San Juan Capistrano,
Caltfornia
Introduction
Lawson & Associates Geotechnical Consulting, Inc. (LGQ 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 Respleridor. 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,
Scope 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 Calla Avanzado - San Clemente . CA 92673-8351 - (949) 380-6141 - 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 euvironmental issues.
Cost Estima
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
Ohs vation and testing during storm drain excavation & backfill
100
$95
$ 9,500.00
- Ass-urne 25 workinp: days to complete (a), 4 hours per day
Observation and testing during replacement of sidewalk, rurb &
gutter, and paving
24
$95
$ 2,280.00
- Assume 6 workin da s to complete g 4 hours per day
Laboratory testing (max density vs. optimum moisture, sieve
N/A
n/a
$ 750.00
analysis, & sand Nuivalent)
I
1 4-
Proiect coordination & preparation of 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 geotechnioal 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 barkfill.
Assunwtio
Please note that the following assumptions have been made in preparation of this proposal and cost estimate:
I , 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
ProjectNo. 101027-01 Page 2 March 22, 2010
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 pi oposed 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 geotcchnical 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,
1A WSON & ASSOCIA TES GEOTECHNICAL CONS ULTING, INC.
Vice Pm3lsoi, Int
I)JB/kjf
Attachment: 2007 Professional Fee Schedule
Distribution: (2) Addressee
Pro.jectNo. 101027-01 Page 3 March 22, 2010
Lawson & Associates Geotechnical Consulting, Inc.
2007 PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Billin-a Rate (per hour
WordProcessing ....................................................................................................... .............................
$ 45.00
TechnicianI .................................. ..............................................................................................................
60.00
CADOpormor ..................... ...................... ......... ..................... ................. ..............................................
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
ProjectEfigineer/Geologist .................. ........... ....... .............. I ................. ...........................
............. 110.00
Associate Engineer/Geologist ......................................................... .......................... .........................
.... 130.00
PrincipalEngineer/Geologist ............ ................................................ .......................... I ...............
.... 170.00
Enizineering Equipment
VehicleUsage .............................. ..................... ......................................................................
$ 10.00/perhour
Tiltmeter, Inclinometer Vibration Monitor ....................................................................................
60,00/per day
NuclearSoil Gauge ................. ................................................................ .....................................
75.00/per day
WaterLevel Sounder ................................................................................... ..................................
50.00/per day
PortableGenerator .. ............................................................................................... ................
...... 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.
4 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.
4 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 Calla Avanzado - San Clemente - CA 92673-6351 - (949) 369-6141 - Fax (949) 369-6142
Laboratory Chamav
Test
Rate
MoistureContent .................................................. ........ ....................
.............. .................................... $ 10.00
Moisture and Density (ring samples) ..................................................................
....................................... 20.00
Moisture and Density (shelby tube) .......................................
........... ........................................................ 60.00
Maximum Dry Density (optimum moisture content) ...........................
............................................. - .... 150.00
MaximumDensity Checkpoint ..............................................
.................................................................... 75.00
SpecificGravity - Fine Aggregate ............................... ..............................................................................
85.00
Specific Gravity - Coarse Aggregate ................................................
......................................................... 80.00
SieveAnalysis.............................................................
.... . .................................................................... 70.00
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 (lpt) ...........................................
..................................................................... 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 indmin.) .................................................
.............................. 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.
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effectivethis 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 An 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.
$ection 3. �g�nsaf�ion.
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 "l -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. Inqepenclent 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. Cbancies 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 addenclum 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
Linder 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.
Section 9. Compliance with Law; E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable lawsi ordinances, codes and regulations
of federal, state and local government in effect at the execution of the Agreement,
9.2. E-Verlfy.
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 AgreemenL
Information pertaining to the E -Verify program can be found at bt�p.4LvLm�w-gscis-%
ay, or
access the registration page at hi.tq�:/�www.vis-d�is.com�'e[pp!a�Lrpg�t4tratio-.n. Consultant
shall certify its registration with E-Vorify 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
interer,t 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, 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 prolessional services, City agrees not to reuse or modify
project documents and tG defend and indemnify Consultant if project documents are
reused or modified.
3
Section 13. Indemni .
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 Consullam! 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 forthe 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 Californiaand having a minimum Best's Guide Rating of A- Class
VII or better.
14.1 Comprehensive General Liability.
Throughout the term of thisAgreement, 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. It 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
($1,000,0()0.00).
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 statutoryamount 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/Termi nation of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days'written notice is given to City, except that
ten (10) days' notice shall be given it 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. Iftheotherparty
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ton (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 wiritten 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
Attn: Randal L. Streeter, P.E.
Section 17.
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 atiorneys'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 result 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 Aureement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
�5g', w I wwwor, J.
wfialwommaws Isawns=
CITY OF SAN JUAN CAPISTRANO
By:
Joe Tait, City Manager
CONSULJ.AN-T
By:
Rayfdal L. Streeter, P.E�-�
Adams -Streeter Civil Engineers, Inc.
7
EXHIBIT "I -A"
PROPOSAL FOR ENGINEERING SERVICES
FOR
CONSTRUCTION SUPPORT SERVICES
CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN
(CIP 07501)
SAN JUAN CAPISTRANO, CALIFORNIA
Prepared For:
City af San Juan Capistrano
Mr. Khoon Tan PE
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Prepared By:
Alfm,ms 51-RI:EJER
CIVIL ENCINFERS INC.
15 Corporate Park
Irvine, California 92626
Attention: Randal L. Streeter
Telephone: (949) 474-2330
Fax: (949) 474-0251
E -Mail: rstreekrffadams-stre m
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
CALLE LORENZO AND CALLE RESPLENDOR STORM DRAIN
(CIP 07501)
SAN JUAN CAPISTRANO, CALIFORNIA
Dear Mr. Tan:
In response to your request, we are pleased to submit this proposal for Construction support
services for the subject project.
SCOPE OF WORK
The Scope of Work, subject to your approval, will be as follows:
1. PRECONSTRUCTION MEETINGS AND FIELD SITE VISITS
Attend, preconstruction 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 riot 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 witten 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
4. Request for information (RFI) ............................. ........................................................ $ 5,000
5. As -built and record drawings . .................................... - ............................... ....... __$ 2,750
GRAND TOTAL ..............................................
Mr, Khoon I an 1-)[-'
Oty of San Juan Gr,�ipistrano
Match 19, 2010
Page 4
BILLING
All billing will be invoiced montTily on a percentage completion basis. The above Scope of
Work orid a!iy adtfitiorn;il services will :)e bosed on Vie following current houily nates:
Office. $125/1-iout
Field 2 -Man Survey Crew $215/1-IOUr
These rates vAll ret-nain in effect through July, 2010 W which tirne they rnay be t-.hWqPd due
to Union negotiations, All oul-ol pockot expensee, such as fifing fees, rtproduction and
deflivury ("harges 'A'ill be extra and invoic(ad ai OUr dired cost,
R is a pleasure. to �ulbmlt this propcsal� We would be h�ippy to discuss its intent with you at
Your COrIVGtIieaC(,. PteaSe Ufgri below and return f1he docuiriont W OLWOMCO for Our '51gliature.
We will return a fully oxemlod (;Dpy for Your rcraids We., look foiward to providina you the
Finest in ongincering seivic�is and rehied technical assis[tince,
Very truly yours,
re
Vice Pre'sideni,
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 Calls Resplenclor 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. Scooe of Work.
The scope of work to be performed by Consultant shall consist of those tasks as set
forth in Exhibit "l -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 "l -A", attached
and incorporated herein by reference.
3.2 Method of Payment.
Sub ' iect to Section 3.1, Consultant shall submit monthly invoices based an
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. Ali 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. Chancies to Scor)e 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 bythe 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-Verliy 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 Gan be found at http://www.uscis.-Qov, or
access the registration page at https:/fwww.vis-dhs.com/eml)loverregistration. 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 1 C. 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 pursuanttothis Agreement are confidential
to the extentpermitted by law, and Consultant agrees that they shall notbe 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 Consultants 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 useof 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 Consultanfs
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 forthe 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
V11 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. It 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).
IS
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, orborrowed
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, Consultantshall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancel lation/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.
SectlQn 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
im-
Joe Tait, City Manager
CONSULTANT
By:
-1'6d-d Niemann, President
TWNiemann, Inc.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
144 1,
I vy.
mar-Sa/to'val, C! ity Attornek
March 31, 2010
Mr. Khoon Tan, RE
Associate Engineer
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanti)
San Juan Capistrano, CA 92675
Subject: Proposal for Professional Construction Management Services fortheCalle Lorenzo and Calle
Resplenclor Storyn Drain Improvement Project (CIP 07501)
Dear Mr. Tan:
TWNtemann, Inc. (TWN) is pleased to present our Proposal to provide Professlonai Construction Management
Services in support of the City of San Juan Capistrano's, Calle Lorenzo and Cage Resplandor Storm Drain
improvement Project.
A' fterreviewing the plans and specifications, arid visiting the project site, we have familiarized ourselves with the project
and work required. We understand that the work consists of the construction of approximately 1,600 linearfeet of new
parallel 36" RCP storm drain lines along Calle Lorenzo and Calle Resplendor. Work also includes improvements to the
existing 36'storm drain inlet and headwall structure located within the Casilas Capistrano property.
The project will be challenging and the. proper management of traffic control, construction operations.
ovethcad/undel-gFoUnd utility conflicts, environmental mitigation measures and the processes involved in storm drain
and underground cahstruction are cnfical� I
Meeting these challenges will re -quire diligent monitoring, keen organizational skills and flawless coordination With the
City, rontraclors, 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 idea of being
a "project advocate'.
We will provide a competent, experienced beam 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 represeritthe Client In thebest manner as an advocateforthe projectwhiie
creating a proacifive 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 tearr. is tailored specifically to provide the City of San Juan Capistrano with the resources and expertise to meet
project goals - that means delive-ring a project that will be constructed per the plans and specifications and constructed
on time and within budget.
1?4,WPNtDA�A4D1R(i0 SANCLOA-NITE CA 92672 9492/647-71 941) 276,4772
Mr. Khoon Tan
March 31. 2010
Page 2
By selecting 7WN foryourprotes9lonal construction managantent services, the City of San Juan Capistrano
will benefit from a locef highly qualffiedfirm experienced in providing cost-effectfivesolutfons to municipalities,
Specific benefits derivedfrorn selecting as include:
Unique famillaritywith the City of San Juan Capistrano as the proposed Construction Manager and Inspector
have both successfully provided similar construction management & public works inspection serVices, to the
City;
• Profea!Onai Certified Construction Manager (CMCl 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 time, 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, 794180) with spedelized experience in engineering and
building construction means, methods and practices thereby bringing the 'Contractors' perspective to the
Owner's side of the table, and
v' Experienced staff with ather0lugh knowledge of corstruction activities, contract administration, cbnstruction
management, andquafty assurance services with resources to provide for immediate response tothe City of
San Juan Capistrano's needs.
Our team is qualified, lorally proven, competent, and professional. We will meet the specific challenges ofthis project,
This project is our priority and our team is rommitted!
We have enclosed the following additional information for your review and consideration! Exhibit "A" Scope of
Services. Exhibit '13" CompensatioriL Exhibit'B-I'Fee Schedule, and Exhibit'B-2" Alternate Fee Schedule. Exhibit'B,
I" Includes a Construction Manager and Project Inspector both at a part-time basis. Exhibit 'B.2'Altemate includes
only a Resident Engineer. The scope of workand4eliverablas are the same for both, Please let us know if you would
like to discuss this in more detail.
Thank you fbr the opportunity to submit this proposal. We look forward to meeting with you to discuss bow we wil
neet -the goals and objectives of this very important projeCtr In the meantime, should you have any questions, please
contact me anytime at (949) 212-4231.
Sincerely,
"TIAINiarrianin I Inc
91V=01�
Todd Memann, CCM
President
Construction Manager
Attachments - Exhibit'A" Scope of Services
Exhibit '13' Compensation
Exhibit'll-V Fee Schedule
Exhibit "B-2" Fee Schedule — Alternate
C c.: File,
Construclion Management Seyvices March31,2010
Calle LomnzolCalle. Resplendor - CIP 07501 Page I
EXHIBIT "A"
SCOPE OF SERVICES
TWNiemann I Inc (TWIN) shall provide the following Professional Construction Management Services
for the City of San Juan Capistrano's Calle Lorenzo and Calle Resplenclor Project (CIP 07501) at the
request and direction of the City's Public Works Department:
TASK I - PR&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
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 Protocols
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
8- 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
13. Utility Coordination & Scheduling
Construction iWanagement Servic.cs
Calle LorenzofCalle Rayplendor - CIP 07501
Maith 31,2010
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. Arrangf� 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
I . 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
Construction Management Services
CallcLorenzolCalk Resplendor— CIP07501
Maruh3l,2010
Rage 3
CuENT RgspoNstslLMES
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 TWN!emann, 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
T\Wemann, Inc. (Consultant) as an additional insured in the compfehensive general liability,
auto liability, workers' compensation and builders nsk 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 Servicm March 31,2010
Calle LoienzolCalle Resplendor- CIP 07501 Page 4
EXHIBIT 111311
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 I 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 I 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 effortto review invoices within fifteen (15) calendar days fromthe 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�'ons of the contract fee for which work must still be completed after December 31,
2010 by an arnount agreeable with the City of San Juan Capistrano.
Subconsultant, reproduction. messenger service, delivery, and all other services requirLd as a direct
expense of the project will be charged as an additional cost plus 15%.
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CONTRACT
This contract is made and entered into by and between the CITY OF SAN JUAN CAPISTRANO,
hereinafter referred to as "CrFY" and
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 RcVlendor Storm Drain ImMovement Project (CIP 0750 1)
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 Pasco Adelanto, San Juan
Capistrano, California.
THIRD. PAYMEN . 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 CrVY, 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 thatextensions of time
with waiver of liquidated damages, may be granted as provided in the Specifications.
C-1
ATTACHMENT 3
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
(10017o) 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 apart 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 LaborCode of
the State of California, col2ies of the prevailing rate of Mr them wa�yes, as determined by the Director
of the State Department of Industrial Relations, are on file in the Office of the City Clerk, '32400
Pasco Adelanto, San Juan Capistrano, Califorttia, and are hereby incorporated and made a part
hereof CONTRACTOR agrees that he, or any SUB -CONTRACTOR under him, shall pay not less
than the foregoing specified prevailing rates of wages to all workmen employed in the execution of
the contract.
SEVENTH. INSURANCE. CONTRACTOR shall maintain at all times during this contract liability
and property damage insurance naming the CITY and its elected and appointed officials as a named
insured, which such policies shall be of an amount not less than Two Million Dollars ($2,000,000)
combined single limit. Insurance certificates shall be for a minimum period of one (1) year.
C-2
CONTRACTOR shall maintain in full force and effect comprehensive automobile liability cover -age,
including owned, hired, and non -owned vehicles in the following minimum amounts:
$1,000,000 property damage;
$1,000,000 injury to one person/any one occurrence/ not limited to contractual period;
$2,000,000 injury to more than one person/any one occurrence/not limited to contractual
period.
The insurance policies shall bear an endorsement or shall have an attached rider providing that in the
event of expiration of proposed cancellation of such policies for any reason whatsoever, the CITY
shall be notified by registered mail, return receipt requested, giving a sufficient time before the date
thereof to comply with the applicable law or statute but in no event less than 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 theobligations 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 alegal 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
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:/iwww.uscis.gov, or access the registration page at https://www.vis-
dhs.conVemployerregistration. 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
OR
Dr. Londres Uso, Mayor
[a
CONTRACTOR, LICENSE NO. AND CLASSIFICATION
C-4
Today's Date: +15 / rD
CONTRACT TRANSMITTAL
CIP No. (if any): n�5�D [
Project Manager's Last Name: -T014n
Council or CRA Meeting Date (if applicable):
APPROVING AUTHORITY: (Check One)
Phone Extension
+1 0,0 11 C)
Transmittal Routing
(Check All That Apply)
City Attorney
City Manager
F-1 City Clerk
(0,653
Provide (1) executed original contract for each signing party, including the City. If the agreement is to be
recorded — only (1) original will be recorded with certified copies going to other parties.
Please provide the mailing address of any party to receive an agreement — unless the mailing address is
included within the body of the agreement: (Not necessary if information is included in the contract)
Name(s) Street City St Zip
OTHER INSTRUCTIONS:
��&Se
�Kb, C
Christy Jakl
From: Christy Jakl
Sent: Monday, May 03, 2010 4:14 PM
To: Khoon Tan
Subject: RE: CIP 07501 Calle Resplendor / Calle Lorenzo SD Project
Hi Khoon,
Thank you for forwarding the insurance for TWNiewmann. We will still need to receive the General
Liability Endorsement Form naming the City as Additional Insurance and the Workers' Compensation
Certificate. Let me know if you have any questions. Please keep in mind they should not be doing
any work or be paid until all insurance documents are received by our office.
Thanks,
Clit-ist-? JakI
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
Sari Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
From: Khoon Tan
sent: Monday, May 03, 2010 3: 10 PM
To. Christy Jald
Subject: CIP 07501 Calle Resplenclor / Calle Lorenzo SD Project
Hi Christy,
Here are the documents from TWNiemann for CIP 07501. Please let me know if anything is missing, thanks.
Khoon
Deportment Mission Statement: "To Enhance the Quality of Life and Preserve the City's Heritage and Charm through Timely Response, Effective Design
Environmental Sensitivity, and infrastructure Maintenance."
From: Todd Niemann [mailto:todd@twnlemann.com]
Sent: Monday, May 03, 2010 11:08 AM
To: Khoon Tan
Subject: Requested Documents
Hi Khoon,
Here are the requested documents per the PSA. Please let me know if you need anything else
Thanks!
-Todd
'Niemann Inc
A V�11441WO roo,As�
Todd Niemann I CCM
Constructlon Manager
949.212.4231 Cell
twniemann.com
Christy Jaki
From: Christy Jakl
Sent: Wednesday, April 21, 2010 5:16 PM
To: Khoon Tan
Subject: TWNiemann Agreement
Hi Khoon,
I wanted to send you a follow-up email from our conversation earlier. 0
Our office received two agreements for TWNiemann, approved at the 4/20 City Council meeting.
Before we can finish executing the agreement we will need insurance documents according to
Section 14 of the agreement. Also they have 16 days from the date on the contract to provide e -
verify. Please be aware that they should not be performing work or be paid for services until
insurance documents are received.
Let me know if you have any questions.
Kindest Regards,
Christ-� JakI
Deputy City Clerk
City of San 3uan Capistrano
32400 Paseo Adelanto
San 3uan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
32400 PASEO AIDELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www.sanjuancapistrano.org
TRANSMITTAL,
TO:
TWNiemann, Inc
Attn: Todd Niemann, CCM
124 Avenida San Diego
San Clemente, CA 92672
DATE: May5,2010
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 — Management Services for Calle Lorenzo and Calle
Resplenclor Storm Drain Improvement Project
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
this agreement. If you have questions related to insurance requirements, please call me at
(949) 443-6310.
If you have questions concerning the agreement, please contact Khoon Tan, Associate
Engineer at (949) 443-6353.
An original agreement is enclosed for your records.
Cc: Khoon Tan, Associate Engineer
San Juan Capistrano: Preserving the Past to Enhance the Future
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