Loading...
11-1101_MUNICIPAL UNDERGROUND SERVICES INCORPRATED_Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 2day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City")and Municipal Underground Services Incorporated (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to sanitary sewer and storm drain maintenance within the City; 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 Contractor shall consist of those tasks as set forth in attached and, incorporated herein by reference (exhibit a). Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. The San Diego Regional Water Quality Control Board (RWQCB) has issued a permit which governs stormwater and non-stormwater discharges resulting from areas owned and operated by the County of Orange, Orange County Flood Control District and incorporated cities of Orange County(collectively referred to as Permittees). The RWQCB Permits is a National Pollutant Discharge Elimination System (NPDES) Permit No. R9- 2002-0001, respectively. Copy of the RWQCB Permit is available for review. In order to comply with the Permit requirements, the Permittees have developed a Drainage Area Management Plan (DAMP)which contains Model Maintenance Procedures with Best Management Practices (BMPs) that parties conducting the municipal activities must adhere to. These Model Maintenance Procedures apply to any party conducting municipal activities and contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Work performed under this Agreement shall conform to the Permit requirements, the DAMP, and the Model Maintenance Procedures and must be performed as described within all applicable Model maintenance Procedures. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this Agreement prior to conducting them and maintain copies of the Model Maintenance 1 Procedures throughout the duration of the Agreement. The applicable Model Maintenance Procedures are included as Exhibit "B" of this Agreement. Evaluation of activities subject to DAMP requirements performed under this Agreement will be conducted to verify compliance with DAMP requirements and may be required through Contractor self-evaluation as determined by the City. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed those unit prices as set forth in the proposal from Municipal Underground Services, Inc., as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. 3.3 Method of Payment. 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. 3.4 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. 2 Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify, If Consultant is not already enrolled in the U.S. Department of Homeland Security's 3 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 httpl//www.uscis._qov, or access the registration page at https://www.Vis-dh§.com/empjoyerre istratton. 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. 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, 4 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 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. 5 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 Not Applicable 14.6 Notice of CancellationlTermination 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 6 be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Justin Kirk To Consultant: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN J N CAPISTRANO -,----Karen P. Brust, dhty Manager CONSULTANT ATTEST: a clerk APPROVE® AS TO FORM: om�o �014AF City Att®rn 8 I PROPOSAL SANE T , Y SEWER AND,_ TOPU0 DRAIN_LINE M [ Tk � ��I�T� ;M To the Honorable ble Cite Council City of Sari Juan Capistrano Gentlemen: The undersigned, as proposer, declares that lie has car fully examined the focation of the proposed work, as described,. examftied the General Provisions and Specifications, read the €nstr ctions to Proposers, and is familiar with all proposal requirements, and hereby proposes and agrees, If the proposal is accepted, to oo plete said contract in accordance with the Contract Documents for the following. i �WORD Year 1 eer e r L ' I ii CCTV Videotaping of City Seiner and Drainage Lines MY, i Gleaning of City Sewer Lines € 1L,F, � ► Gleaning of City 8torm Drain 12" Dia. or less MY. 1 Cleaning of � in Limes�ger Cleaning of Stogy Drain t, nes �. .. seater than ' Dia. $IL,F, 0 j Qtorm brain Catch Basra Cleaning97 Cleaning of Flat Box Culverts e �I j re ter than 2 lL F. TTS klunirfpo Underground Services,tnc, "Ifill Brackenridge Drive LAVQn& Mg t, CA 52677 September 20,2.096 ofty at craft Juan Capterano 32,400 Paseo Ade-lanto San Juan Gapl'M"- no,CA 92676 Dear Sir or Mad0n: This teffer lF,to confln-n a dpilar amout"E'" P&P- 6 Of Our PW09&1`� OWY cit fl derfred fs lfl section"Cl6vift. ot,R at 80x GaWaft grealw than YA", Previauriy the dollar amour. t wy-&S Stated,as T k M.and We would now Rt ta,cha nm this to be 0,76 W MORI fo-ut fr"f Eig tNm,&. year's. Thank you agaln. Dvivid` Boutetle Mumicipil Undargra-und Services, 1pc PROPOSAL(continued) Houdy Rate Cost to do sewer and drainage fire cleaning, or /Hr $/H i other sewer work, or cie niang of cath basins, t hours other then as stated � no el working In Figure7s In Words hours per the specifications. price ;shall include ? all labor rnatenal, trucks, equipment, and dlspos � casts, Unit Price Per Hour.FOR 1 RST HOURS. Sea : tn) f riceder f-four LtE f;I �,o5ts for emergency work shall include containment of W sanitary s ever sprfl, vacuuming and disposal of mater€ i. Please indfaate befow the equipment andrnbe� r of personnel l inctuded in the quoted rates for ftern 4above: i Please indicate befow the hourly rate for any sp as frzed equipment rant included in the above definitlon. The rates quoted below ha)l be for equipment and operator (car operators) as required, Hourly Rats Hourly Rat Equipment Description Routinern�r �n ' g car F 37 7 ry I PROPOSAL (continued) Said amounts are to include end cover ail taxes, the performing of all the fabor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specffications for the work. All prices quoted above shall inciude removal and disposal of all material, such as sludge, . grease, water, mud, roots, etc,, from the project sites. AN prices quoted above shall include traffic control If required by City, Contractor wilt not be required to pay for permits on City projects, if the contract is awarded, the undemig ned agreeiq to enter into a contract with the Ci4y and to commence work within fifteen (15) calendar. days from the date of execution thereof, it is understood that the City reserves the right to increase or decrease the frequency of any item or portion of the work or to omh portions of the work as may be deemed necessary by the Public Works Director or designee. The contract amount shall' be adjusted to reflect these changes. It is also understood by Proposer that the City of San Juan Capistrano has the night to reject this proposal or to award a contract to the Undersigned at the prices stipulated, Company j PROPOSAL (continued) Company Name: k i i lc i _ irr-Vo=-Partnership If a fire or co-partnership, provide the names of adl individual co-partners (president, Secretary, Treasurer, ani Maneger th r oo composing the firm befow, r � a E /Title Name-/Tif le d_ditioEalt iremeq s A, Contractor shall not be required to pay for permits on City project,. i certify that ! have thoroughly checked the figures set forth in this propo aP, that ihey are correct to the best of ray knowledge, and that they c6n8tit y proposal for the rf� coiled ouuytp rein, Date 1pnat[ re/Tiltle fi f I I� t 3 1 1 . d E 17MM � f F— AND KWNTENAWCE a conseq atnos of its fundi r£,the stor°mwater conveyance sy-stem 6R transports urbanrunoff and storm water that may contain c rtabi pofiut ntse onsequer*these paNutants mai'accQmutate in,the syste an Must be remove rladicattyz, In addlUon,the cyst m must aiso be r ar ntalnod to function properly by r ulicat€,y to avoid flooding, The aftichad EMPs are recornmended to be used cis a R,a FTG8dGd and on a.caae bit case beak. Sorra Bt.P might not apply It-i ceft @n sit�att0 , and wW not be used. The provided BMPs are potentlat tweas res that coWd be UaSeol, lrrdfvlduallys or callectivaty,as V18 sftuatfon requires,and ws deterrrOned by r'ta , Riaitl €ring the ayetsm may Involve the foIllowing acuVities: f saacftm arrd Cleaning,of Stormwater Conveyance Structures Gontrokt3ng.illicit ConnecttIons and Dlevhargas controlling Hleget Dumping PROCEDURES.MODEL ° F bISPOCHon and Cfean!n-g of Dr Faeffitfes General GuldaRnev Annually inspect and clean drainage facilities as needed,Maintain appropriate reow& Ns information should be uwd to doterrnlns problem areas that may need to be checked more often, Remove trash and debris as needed from open cha;M6 and properiy dispose of these Platerlats(at an approved landfill or recyrdq faciiity,),It shodd be noted float major debris removal may rewire other regulatory pe"iffs prior to completing the word, COrdUCt annual visual lnspecftor s dortng the dy3 season to delmline i9 Mere are p,oblem(islets where sedi ent/trash or oftr politdants SJC DFA r3minge SYWCM-cW i 2J1M SJC DF-i s"Eliminate any discharges that may ocwr while MairWning wid cleaning any Mvnldpzi drainage flacliilin' V Train crews in proper malntenan6 activiVes,lt)cludirig roc*rd keeping and disposal. or PTOVIde energy dissipaters(e'g,riprap)Wow raufyert MWIS to mlnfmiye potential for eros#on. Sfon,n DrMn Flusfifng '905h1pa of storm draln-S of storm drain Inlets shodd only bs done in emergencles. if gashed,the material Fhouid be colteded(Vavaumed),treated with an FPPMORle ftariylq dOVIGO 10 TemOV0 Sand and dcl)Ks and disposed of Properly. Waste Manage e 810M Wastes collected from deanin activities of the drainage taoifies in appropriate contpinem or temporary storage sites jr, q rnanner ffial prevents discharge to the siony',drain. V'Dewatei the wastes d'neressarii with aufflow into the sanbry saver K Note:Permission permitted. Mater should be treated whh an appropdaje Nftering device to MU&be Obtainedrfor remove the send aid debris prior to discharge to the sanitary sewer. If any discharge of discharge to the sanitary sewer is not permitted,Veater should be pumped.or Wash vmter to the vacuumed to a tank and properly disposed V, Do.not dewzter near a storm uandarymeerbim dm!n or stream. flu Fowl agency. 7� Controfting Illicit COMOCVOf-ts and DISCharges tmPrOPOV PhYlsk—al C=nOctions to the storm drain tMem can occur in nuberof y M we is s a's vet Ora nff0m sanbfY sewers and floor drafts from buzlnes�ev like etdo thopt,and festauran ' IMCK disdiarossand Illegal 40nWV0nr-can of neraffy be,detected and invegtfgetedi through a combination of prol;MMv that target a Wety of poffutant and souroev, V Report prohibited discharges such as dumping,Paint spiU,abandoned 0 containers,e1c,observed during the cDurse of nomial daily activities so they can be lnvcstf ated,contained,and cleaned tip, V Conduct field investigations to detect and eliminate exisiNg hliclf connections and improper disposal Of PDJlUt8ntS into the scoria drain(U,identify pfoblem areas where discharqu.or Plegal connections may Occur and follow up stream to determine the source(s)), v'Report ati observed illicit connections and discharges to the 24-hour water pollution problem reporliq hogine(714)567-6363, Encourage public reporting of improper waste dispose(by distributing pubic education materiels and advertising the 24-hm;r welea pollution probjern reporfarrg hotline, SJC Dr-1 Drairmga SWem.dop- 2 SJC DF Storm.D't aEri Stanciting irnplernerat a storm drain stenciling program, 'REM.to OCELK 907M drain system signs act as h1g*visM source controls ftf are fyplaly stenOetl drrectty adjacent to stoma drain inlets, iilegarq dumped W&Steg can o usa•Stom grater and retelvIng water qu&14 prob nI.s jy,well as cid thc'MM dMIn Sy-tarts h-elf, Roc-hazardous solid wastfs May tnclo s a a ,trash,retua@, PRpar,tubbish,ashes,lndukr°lal Wastes,demofition and Mst cficn Whalies,aaba doped va-hiclos and parts thsreof,discarded home aid trrdustdal appliances,Manum,vegetable or animat snul ars semkolid wastes mid otter discarded solid or semkofid vmste provided thst Such wastes da not contaln wffafes which must be Ms-nape.as haaardaus Wastes,or wvstes which contain soiarb e pofiutants in which ex act appiicr bio w&W quaAfty objectivet or could.caUSa degradation of wotetv of the stet& Field.Mvestigaftn Reporf prohibited discharges such as dumpings observed dtrft the course of normal daily activities so they can be inva?stigated,contained and cleaned Conduct field investigations to detect and eliminate improper disposal of pollutants into tfie storm drain{i.e,identify problem areas where discharges or iliogai oornedions may occur and 1011OW up stream to determine the sources)), report all observed illicit connections and disoharge5 to the 24-hour water pollution problem repotting hotiirie(949)493.1971. Encourage public reporting of irriproperWaste disPOsat bydistributing public education rnatedals and advertising the 24-hour water pollution problem reporting hotline. SJC DFA Drairnage Syste n_dw 3 7183143 SJC DF-1 ITra.I MngfEdu ra.Va W VAnnua[ly train murilcipal employees to recognize and r6Ptt iflegsi dumping, V'Encourage public reporting of illegal dumping by adver4slpg the 24-hour water poflulior)problem reporling.hotilne(949)493-1171. C@ean-up activities may curate a slight disturbance fbIr local aquatic spedes. A=ss to items and material an private property may be limited. Trade-ofts may exist between channel hydraulics and water quaPty/riparian habitat. If storm channals or basins am recognized as wetlands,many activities,including nIntenance,may N su*ct jo regulation and permjftg, REFERENCES: California Storm Water Best Management Practice Handbooks. Municipal Best MOD896MBnt PratOce Handbook, Prepared by Camp Dresser& rKm,Urry Walker Associates,Uribe and Assoclates,ResDurces Planning Associates for Stormwaler Quality Task Form, March 1993. j Harvard Unfve,,--Jty. 2002. Solid Waste Container Best Management Practices—Fact Sheet On-Line Resourcas— Environmental Health and Safetyo Model urban Runoff Program:A How-To GWde for Dove loping Urban Runoff Programs for Small Municipalities, Prepared by City of Monterey,City of Santa Cruz,California Coastal Commission,Monterey Bay National Marine Sanctuary,Association of Monterey Bay Aros Governments,Woodward-Clyde,Central Coast Reglonal Water Quality Control Board, July,1998 . Santa Clara Valley Urban Runoff Pollution Prevention Program, 1997 Urban RVnOff Management Plan, September 1997,updated Octobef 2000. necw+iI4s] �V rrrs Ch of San Juan Captstrano " - ° XER AND SEWER UTILITY OPERATION AND MAINTENANCE A dough sewage systems, the oper&Uon and malintenance of public utttltyes are not considered themselves are not a chronic sources of storm ter patlution,some acVv€tl s and accidents can result in the discharge of raw sewage Contains poqutants that can pose a threat to both human heaEth and the quality of receiving waters if they enter the storm drain System through incldertis such as suit€s,feake or ovefflo e. The attached BMP&are recommended to be used on an at needed and an a,case by case bfisis. Some BIVP m4 ht not apply in ca lm s€tuaticna and wilt not be used, The Provided 5MFs Srs PoWn at Measures;that could be used, 1PdividuaHyF or coitedtivefy, as the situation requires, and as determined bya staff. Actfv tles associated wfm the aperatiors and maintenance of mater and sever uUtittes to preveni and handle such Incidents€roc€aide the foffow€ng, 1 Water Line Maintenance . Sanitary Sauter Maintenance 8. plU( .eak10var w Control, Response, and Containment Clues that do not provide maintsraa acs of Water and surer utiiEttas should coordinate With the COntMeting&VGncY€°es o nsltate for these activities and ensure that tijose model'procodctres are followed, POLLUTION, NF : Pollution prevenVon measures have been considered and hoorperated in the model procWures_Irnplementafion of firese measures mey be more ofFective and reduca or e#iminat�ft,need to implement other more complicaied or c 0stly proWdures. Pmfbie p®ilution prevention measures for water and surer utility operation end maintenance ftlude, inspect potential non-storm watertlischarge flow,paths and cdearldeanup any debris or pollutants found(i.e.remove trash,leaves,sediment,and wipe up liquids, lndud6ng oil spills), Once per year,edr to MnIdW Staff an pollution prevention measures. 5JC FP-6 Vsfp¢f�r and Sewer iltility CW.d,c; 5 2il 3 EXH - SJ:G F MODEL. PROCEDURES: i Water Line MaMvnance Proc-edures can be prnploysd to reduce pollrrtahts from dtrtchar es associated with water util€ty aperotlefi and Maintenance activitits3 plannee discharge&may lnclua fire hydrant testing,fluvhIn -ATatRrsupply` a'€rrs step RGW coMfructloN Rush€Ag lines duo to cOr p@MM oftastf and odor, davmfeeing rnafrrs for malntenance work. Unplanned d€scttarges from treated,reoyeed wager,raw wat6r,and groundwater.systgmr,operation and Maintenance activities can occur tom water Main breaks,sheared fire hydrants,squipmnr,Malfunction,and-operator error. Planned Diechar es V For planned discharges use one of the€e€lo'<yjng option$,, -- Reuse water for dust suppression,irrigation,or constru>c on compaction - Discharge to the sanitary seiner system With approval Discharge to the storm drab system or to a creek using appiicable pollution control measures listed below(this option is ONLY applicable to unooniaatinated pumped ground tater,rater fine flushing,discharges from potable water soorces other than water main breaks)aid may require a permit from the Regional Water Quality Control Board. If water is discharged 80.a storm drain inlet(catch bash},control measures must be peat in place to control potential poi€utants(Le,sediment,chlorine, esu.). Examples of some storm dtaln inlet protection options lnciude: - $11i fence a appropriate there the inlet drains a relatNelyr fiat area. -- Gravel and wire mash sediment filter-Appropriate w.rhere concentrated Vows are expected. - Fiber or straw rolls-can be used at all curb inlet etch basins. - Wooden weir and fabric-use at curb inlets where a compact installation is desired. V Preor to discharge,inspect discharge flow path and c€earlclesnup any debris Of pollutants found(i.e.remove trash,leaves,sediment,and gripe up liquids, including ell spllls). Select appropriate pollut#on control measure($)considering the receiving system(i.e.curb inlet,drop inset,-ulveK,creek,etc.)and ensure that the control devico(s)fd propedy. Cenral design considerations for inlet projection devices include the f following, SK FP-4G kgVmr ar�d Sever Ukiltf,O&M-doc i 2 t M i i The device should be Wrstructsd such that cieanirig and disposal of trapped sediment is made easy,white minimizing interference with discharge activities. Dees should be constructed so that any standing water reciting f Drn the discharge will not cause excessive in=venience or f€aodingldRmage to adjacent land or structures. V The effectiveness of control devices must be manit€rred during the discharge period and any necessary repairs or modifications made as nseded. Unplanned Dfrxharges Stop the discharge as quicIdy as possiNe by turning off water source. Inspect flow path of the discharged viater; Control erosion along the aow path. Identify areas that may produce significant sediment or gullies,use sandbags to redirect the flow. Identify erodible areas which may need to be repaired of protected during subsequent repairs or oorredve actions I If repairs or corrective action will cause additional diacharges of water,select the appropriate procedures for erosion OOntrOl,chlorine residual,turbidity, end Mernical additives. PrevW potential pollutants from entering thf?nova path and ensure that no additional discharged eater enters storm drain inlets. ,E t i r SJC FP-6 Wettr and Sewtr Uhl!�i 04M.dac 2Jt M SJC FP-B SaMta � Sewer ftfintenance Applfa&We to who oK�n gadpeat d a Cogntion Vystsm, Fieff&,m t are mver d under 11A program tm�jude sai.nitafy eewer plpog and PUMP vta'flong owned and operated'by ths perms'.The OWROr of thg fimlft?y sew"fllclfltlev 1�tht aDtAY MPOMIWO far Uffifing out this Pteventlon End respomo program sowaf,System MeWrlg v'SeWer llness should be c6srwd on a regAst basis to remove grease,grit, and other debris that may load to sewer backups, Eslzblipfi rai)Mg m8intonanw program.Cleaning should he copducted at an established minimum frequency and more for problem areas such as restaurants that are ide,-AMied Cleaning acilvitles;may raqvfre removal of tree roots and other identified obstruotlorrs. Praverr ta-tive and During routine maintenance and inspection ride the condition of sanha.ry Sewer stNctures and ldent&y areas that need repair or mi3in(enjinc 'ter:s tc note may include the following: crackedMetanorating pipes al manhole frequant firm plugs line generally haws at or na8 r capacity Suspected infiltration or e4liTaton Documeni suggestions and requests for repair and report the InformaVion to the appropriate manager arsvpsrviso:r. Prioritize repairs ba W on the nature and sever }=of the problem, 'mmediatis gearing of blockage or repair is required where en ovenbw is CUTIOntlY Oxurrlog of for urgent problems that may.muse an jmyyjjnenj Qveft'al{e.g.PUMP station failures,sewer line ruptures,seveer line blookages). These repairs may be temporary until Scheduled or capital improvements can be complmed. Review previous sewer MainjenarIcs nerds to help identify"hot spots,OT 21-Cas tMth*Dent maintenance probj--nis and jomtions of poterl;lal failure. system FP-C Yater and S�v,er UrRy MUC� S C -. Sp HKee l verflow Controt, Response, and, Cantalnmemt Creat ✓Refer to counWd®lilioit Discharge Dofocfion and Eiirrrinatron Program, Components of this program include. Also see Drahrage Sys€om procedures shalt _ Investigationfinspectfon and follow-up w Urn,fnation of illicit dlscharges and connections Enforcement of crdinanws - Respond to sewage splits - Facilitate public reporting of illicit discharges and connections. A j clfixen's hotline for reporting observed overflow conditions should be established to supplement ft fleld screaming efforts Ding conducted by the Principal Permittee. etponse and d Establish lead departmenVagency responsible for spill response and Containment containment, Provide coordination within departments. When a spltl,leak,and/or overflow ocours,keep sewage from entering the storm drain system to the mauirnurn extant praGlicable by covering or blocking storm drain inlets or by containing and dlveriirrg the sewage array from open channels and other storm drain facilities(using sandbags, fnfiatabis darns,etc,). if a split reaches the storm drain notify County of Orange Health Care Agency through Control One at(714)628-7208. Remove the sewage using vacuum equipment or use other measures to divert 4 back to the sanKM serer system. i Record required information at the spill site. Perfom field tests as necessary to deterrnfne the source of tha spill, Develop additional notification procedures regarding spill reporting as needed. Private property access rights needed to pe4orrn testing along storm drain right-of-Vvays. Requimments of municipal ordlnancc a.uthor"dy for suspected source verification testing necessary for guaranteed rights of entry, sic FP-&Weer end SpAtr Uf It,O&M.d= 21537€#3 i sic - ' R ¢ Comm storm orator Best managemef�Preclic®HandbaOks. MulliciPaiftsf kfgnagemenf Pmcf1m,Handbook, Prapawd by Camp Drosm&MuKev,Larry Walkor Associates,Udbe and Associates, Resources Planning Assoclatos for SforrawaW Qualfty Task Fome, Worch 1993, Lm Angdes County Stormwater Quapty, Public Agency AOMtles Modef Prugrm on-Ms: Santa Clara Valley Urban Runoff Pollution Prevention Program, 1997 Urban Runoff Management Plan, Sep%mWr 1997,updated oc;tober 2DOD, Santa Clare Valley Urban Ruroff PdMlon PrevenlIon Program. 'Waley Wfty Pollullon Prover von plan, 11/11/2011 AGENDA REPORT D14 TO: Karen P. Brust, City yddna FROM: Keith Van Der Maaten, Ut iities Director SUBJECT: Consideration of a Personal Services Agreement for Sewer and Storm Drain Maintenance (Municipal Underground Services Inc.) RECOMMENDATION: By Motion: 1. Approve a Personal Services Agreement with Municipal Underground Services Inc. for sewer and storm drainage services for a duration of four months, subject to available funding in the operational budget; and, 2. Authorize the City Manager to execute the agreement. SITUATION: On October 18, 2005, the City of San Juan Capistrano entered into an agreement with Municipal Underground Services Incorporated (MUSI) for the purposes of cleaning, maintaining and videotaping the City's sewer and storm drain systems (see Attachment 1). The term of the agreement was for a period of three years with three additional one year options. The last option expired on October 18, 2011. Utilities Department staff has been in the process of preparing a Request for Proposals (RFP) for the purposes of selecting a service provider for cleaning, maintaining, and videotaping the City's sewer and storm drain assets. At this time, the RFP has not been finalized, advertised or circulated thereby leaving the City in a precarious position of not having an executed agreement for the aforementioned services. This precarious position will become exacerbated by the coming wet season, thus necessitating the emergency continuation of the agreement. Council Policy 112 Personal Services Selection . Guidelines defines the selection process for Personal Services Agreement (see Attachment 2). Pursuant to the aforementioned policy when "service is necessitated by reason of emergency circumstances" the selection process may be waived. The City does not have the adequate resources both in man power or equipment to perform these services, thereby necessitating the emergency under which the selection process may be waived. As an interim solution staff recommends that the City enters into a sole source personal services agreement with MUSI, the City's current provider for a period not to exceed Agenda Report Page 2 November 1 2011. four months. Said period would commence November 1, 2011, and would end on February 29, 2012. Staff is recommending that this agreement be sole sourced due to the quality of service provided, the current service provider being the lowest bidder during the previous RFP process, and continuity of service. The interim agreement (see Attachment 3) retains .all conditions of the previous agreement, including price of services provided. Staff would also recommend the total amount authorized for this agreement not to exceed $71,500, which is the four month cost of services, based upon the previous two year's total average cost (see Attachment 4, Summary of Payments to MUST). Staff will continue the RFP process thereby being able to implement a new agreement by March 1, 2012. COMMISSIONIE3OARD REVIEW AND RECOMMENDATIONS: The Utilities Commission was briefed during their October 25, 2011 regular meeting and unanimously recommended approval of the proposed agreement. FINANCIAL CONSIDERATIONS: The Utilities Department has a total budget of $375,000 for sewer repair and maintenance and a total budget of $110,000 for storm drain maintenance and repair. Currently the City to date has paid MUSI a total of $125,779.09 for invoices dated to October 6, 2011. There is sufficient funding for the proposed additional contractual amount of $71,500 in the Fiscal Year 2011/12 adopted budget. NOTIFICATION: Dave Boutelle, Municipal Underground Services Inc. RECOMMENDATION: By Motion: 1. Approve a Personal Services Agreement with Municipal Underground Services Inc. for sewer and storm drainage services for a duration of four months, subject to available funding in the operational budget; and, 2. Authorize the City Manager to execute the agreement Agenda Report Pae 3 November 1 2011 Respectfully submitted, Prepa'ed by: Keith Van Der Maaten (jSe in Kitaent Utilities Director for MAnalyst Attachment(s): 1. Previous Personal Services Agreement 2. Council Policy 112 3, Proposed Personal Services Agreement 4. Summary of payments to Municipal Underground Services Incorporated e :32400 FASE0 ARELANTC� � � � Mr �CViS OP l!�GIS CUU3JC[t 5A3+d JL3h'N i7APIST'FYANO,CA 42675 " L � SAF AUEVA10 (949)493-117 f wunwsanjuaslcap istrano.org Oft "�� MARKNIELSEN OR.LCNDrars use November 29, 2010 Mr. David Boutelle Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92577 RE. Personal Service Agreement Term Extension Dear Mr. Boutelle: The Personal Services Agreement between the City of San Juan Capistrano and Municipal Underground Services, Inc. dated October 18, 2005, expired as of October 18, 2010 for the second of up to three Lane-year extensions. Previsions of the contract (Section 2) provide for up to three (3) ane-year option renewals based on satisfactory performance. Pursuant to the terms of the agreement, the City wishes to extend this agreement for the third and final of three additional extensions.. This term will expire on October 18, 2011. It is our understanding that this is acceptable and that all terms of the agreement will remain as is, including pricing, for the extended term period. As the contractor representative for this Personal Services Agreement, by signing this letter, you agree to the extended terms of this agreement. Please sign and return this letter in the enclosed envelope. We look forward to continuing our positive working relationship with Municipal Underground Services, Inc, Sincere y. e T m Cur Assistant Jtt:es Director cc: Joe Tait, City Manager TERMS AGREED TO BY, David Boutelle Date ,. on ,wait Cal)i li'o o: Pre,s,e - 'mg he -Pas/ [CJ fi'fP, <r.s Pr-n:av'c:3;©3"4 1etyc'.Lc p3?c. ATTACHMENT TACHMENT 1 i PERSONAL SERVICES AGREEMENT AGREEMENT is Meade and entered into this day of 2005, by and between the City of San Juan Capistrano (herefnafter referred to as the "City„) and Municipal Underground Services, Inc. (hereinafter referred to as "Contractor"). RECITALS; WHEREAS, City desires to retain the services of Contractor to perform sanitary sewer and storm drain maintenance:within the City; and WHEREAS, Contractor is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEkEFORE, City and Contractor mutually agree as follows: Section 1�. _ tae__o rk. The scope of work to be performed by Ccntractor shall consist of those tasks as set forth in the City's Request icor Proposals, dated September 12, 2005, incorporated herein by reference. Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. The San Diego Regional Water Quality Control Board (RWQCB) has issued a permit which governs storrnwater and non-stormwater discharges resulting from areas owned and operated by the County of Orange, Grange County Flood Control District and incorporated cities of Orange County (collectively referred to as Permittees). The RWQCB Permits is a National Pollutant Discharge Elimination System (NPDES) Permit No. R9-2002-0001, respectively. Copy of the RWQCB Permit is available for review. In order to comply with the Permit requirements, the Perm ttees have developed a Drainage Area Management Plan (DAMP) which contains Model Maintenance Procedures with Best Management Practices (BMPs) that parties conducting the municipal activities must adhere to. These Madel Maintenance Procedures apply to any party conducting municipal activities and contain pollution prevention and source control techniques to miniMiZe the impact of these activitie's upon dry-weather urban runoff, storms water runoff, and receiving water quality. Work- performed grader this Agreement shall conform to the Permit requirements, the DAMP, and the Model Maintenance Procedures and must be r f performed as described within all applicable Model maintenance Procedures. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under this Agreement prior to conducting therm and maintain copies of the Model Maintenance Procedures throughout the duration of the Agreement. The applicable Model Maintenance Procedures are included as Exhibit"S".of this Agreement. Evaluation of activities subject to DAMP requirements performed under this Agreement will be conducted to verify compliance with DAMP requirements and may be required through Contractor self-evaluation as determined by the City. Section 2. Term, This Agreement shall be for a term of three (3) years. City will consider granting, in its discretion up to three; (3) additional one (1) year option renewals based upon satisfactory performance of Contractor. e Section . Cor �erasataorE. 3.1 Amc unL Total compensation-for the scope of services for this Project shall not exceed those unit prices as set forth In' the proposal from Municipal Underground Services, Inc., dated September 26, 2005, as set forth in Exhibit "A,"attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal, 3.3 Method of Payment, Contractor shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved Invoices in accordance with this Section. For extra work not part of this Agreement, a written authorlxatlon from City is required prior to Contractor undertaking any extra work. 3.4 Records of Expenses. Contra6tor 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 Clty< Sevron 4. L_ ingEgM40L It is agreed that Contractor shall act and be an independent and not an agent or employee of City, and shall obtain no rights tawny benefits which accrue to City's employees. Section 5. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Contractor shall not contract With any other entity to perform the services required without written approval of the C4. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City, If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its sub as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any sub and City. All persons engaged in the work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor, Section 6. Changesl is eco a of work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Contractor's fees, Section 7. FarniliadhLIwith 'fork and Construction Site, By executing this Agreement, Contractor warrants that: (1) R has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Aecftn S. Time of Essence. t Time is of the essence in the performance of this Agreement. Section 9. �� l3a�c witta_ w. Contractor shall comply with all applicable laws, ordinances, codes and regulations of federal, state and kcal government. Section 10. COMBELS of Interest, Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement, No person having such interest shall be employed by or associated with Contractor_ Sec is o l7. Copies of Work Product. At the completion of the contract period, Contractor shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Contractor's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. Section 17. p c �� um . All reports, information, data and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by few, and Contractor agrees that they small not be made available to any individual or organization without prior written consent cal 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 Laity, The City acknowledges such documents are instruments of Contractor's professional services. �� tlor� 'l Irrde�€ l Contractor agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys'fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Contractor arising out of or in connection with the work, operation or activities of Contractor, its agents, employees and subs in carrying out its obligations under this Agreement. j I Section 14. Insurance. 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 Uabilk, Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one personlany one occurrence/not limited to contractual period, 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Contractor shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non-owned vehicles In the following minimum amounts, $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more then one personfany one occuTrenGe/not limited to contractual period 14.3 Worker's Compensation. If Contractor intends to employ employees to perform services under this Agreement, Contractor shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employees Liability Insurance in the statutory amount as required by state low, 14.4 Proof of Insurance Requirements/Endorsement, Prior to beginning any work under this Agreement, Contractor shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement to the Contractor's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied, 14.5 Errors and Omissions Coverage Not applicable, 14.6 Notice of Can cellattonfTer ination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation, Contractor shall not receive any compensation until aft insurance provisioris have been satisfied. 14. otice to Proceed. Contractor shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Contractor has complied with ail insurance requirements of this Agreement. Section 15. Termination, City and Contractor shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party in addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract, If the ether party does not dire the breach of contract, thea the agreement may be terminated subsequent to the ten (10) day dire period. Section 96. Notice. All notices shall be personally delivered or nailed 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 Sari Juan Capistrano, CA 92675 Aftn.: Public Works Director To Contractor: Municipal Underground Services, Ino. 28511 Breckenridge Drive Laguna Niguel, CA, 92677 Sectle 7�7. Attgrn �. If any action at lava or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys'fees, dusts and necessary disbursements in addition to any other relief to which he may be entitled. Section 88. �rsl �atecalti . 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_&reoment. This Agreement constitutes the entire understanding and agreement ' between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof, r i I� F IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAPS JUAN CAPISTRANO By: T Wyatt art, May r MUNICIPAL UNDERGROUND SERVICES, INC, ATTEST: M gar t R. BnrDa pity1erk A OVED AS TO ORM: john R. i , Uity Attomey PROPOSAL 1 SAME Ta 5 A SC D i LINTENANCE SERVICES CONTRAC OR To the Honorable City Council City of Sari Juan Capistrano Gentlemen., The undersigned, as proposer, declare that he has carefully examined the location of the proposed work as described, examined the General Provisions and Specifications, read the Instructions to Proposers, and Is familiar with all proposal requirements, and hereby propose and agrees, K the proposal is accepted, to complete said contract in accordance with the Contract Documents for the following: ITEM OF WORK ear ear ear CCIV Videotaping of City Sewer and Draina e Lines T $/L.i=. Cleaning of City Sewer Lines ,$1L,F. Cleaning of City Storm Drain Lines 12" Dia. or less $IL.F. a F , Cleaning of Storm Drain Lines over �- 12" Die. to 24" Dia. M.F. Cleaning of Storm Drain Lines , renter than 24" Dia. $1L.F. s �0 a 0 � Storm Drain Catch Basin Cleaning Cleaning of Flat Sox Culverts _ reater than 24", $/L,F. 1 t h TOTAL i Munieipaf Underground Services,Inc. 26611 Breckenridge Wive Laguna Niguel,CA 92677 (943)364-3920 September 29,2006 City of San Juan Capistrano 32400 Paseo Adelsntco Sari Juan Capistrano,CA 92676 Dear Sir or Madaft, This loner is to confirm a dollar amount on page 6 of our proposal, The only change desired is j in section"Cl6anln of Fiat Box Culverts gresterthan 24°`. Previously the dollar amount was stated as'T&M and we woul t now like to change this to be$5,76 per lineal foot for all three years. Thank you again. t�svizF�o�stelle Municipal Underground Services,Inc. License"01474 I PROPOSAL(core€Trued) Eme[ q k!- Houdy Rate Cast to do severer and drainage line cleaning, or $/Hr $/Hr other sewer work, or cleaning of catch basins, at In Figures In Words ITH hogs other than as stated as normal working g hogs per the specifications, Price shall include all labor material, trucks, equipment, and dIsposaf assts. �r Unit Price.Per Hour FOR IRS O Hacontalinment O-q e t-kdved SievUnit Price Per Hoerr ORI C F OUR*Costs for emergency work shall incanitary se er spill, vacuuming and disposal of material. Please indicate below the equipment and number of personnel included In the quoted rates for Item 4 above: E i Please indicate below the hourly rate for any specialized equipment not Included in the above definition. The rates quoted below shall be for equipment and operator-(or operators) as required, Hourly Rate Hourly Rate FEquipment Description routine Emergency 7 PROPOSAL (continued) Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown In the Specifications for the work. All prices quoted above shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc,, from the project sites. All prices quoted above shall include traffic control if required by City, Contractor will not be required to pay for permits on City projects, If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar..days from the date of execution thereof It is understood that the City reserves the right to increase or decrease the frequency of any item or portion of the work or to omit portions of the work as may be deemed necessary by the Public Works Director or designee. The contract amount shall be adjusted to reflect these changes. It is also understood by Proposer that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated, ,signature of Bidder Title /Joa Company PROPOSAL (continued) Company Name: Mid'. c e e -4 mc N/1 individual Ln4- Firm/Co-Partnership If a firm or co-partnership, provide the names of all individual co-partners (President. Secretary, Treasurer, and Manager thereof) composing the firm below: 10OLVI'd Name/Title Name/Title Name/Title Mame[ tle- Additional Reaulrement§ A. Contractor shall not be required to pay for permits on City projects. I certify that I have thoroughly checked the figures set forth in this proposal, that they are correct to the best of my knowledge, and that they constitute my proposal for the work called out herein, Date SignatureTritle 9 -------- -- 1778 City of San Juan Capistrano Y b - DRAINAGE FACILITY OPERATION AND MAINTENANCEI As a consequence of its function,the stormwater conveyance system collects and transports urban runoff and storm water that may contain certain pollutants, Consequently these pollutants may accumulate in the system and nevus#be removed periodically. in addition, the systems must also be maintained to function properly hydraulically to avoid flooding, The attached BMPs are recommended to be used on an as needed and an a case by case basis. Some BMP might not apply In certain situabons and sill not be used. The provided B Ps are potential Measures that could be used, Individually or collectively,as the situation requires,and as cdetermIned by staff. Maintaining the system may Involve the following activities: Inspection and Cleaning of Stcarmwater Conveyance structures Controlling Illicit Connections and Discharges Controlling Illegal Dumping MODEL MOCEDURES. 1. Inspection and Cleaning of Drainage Facilities General Guidelines +'Annually inspect and clean drainage fdOftles as needed,Maintain appropriate records. This inrormatlon should be used to determine problem areas that may need to be checked more often. ✓Remove trash and debris as needed from opera channels and properly dispose of these materials(at an approved landfill or recycling radlity),it should be noted that major debris removal may require other regulatory parmits prior to complefing the worn. Conduct arnnuaf visual inspedons,during the dry season to determine if there are problem Inlets where sadimen0rash or other pollutants SJC of-1 Dralaage Systern.doc 1 21181P8 SJC DF-1 accumulate. V IMI{urinate any discharges that may occur while maintaining and cleaning any municipal drainage facli€ties. V "rain crews In proper maintenance activities,Including record Reaping and disposal. Provide energy dissipalers(e,g,fl crap)below culvert outfalls to minimize potential for erasion, Storm Chairs Flus.hing Flushing of storm drains or storm drain inlets should only be done in emergencies. */It gushed,the material should be collected(vacuumed),treated with an appropriate filtering device to remove sand and debris rind disposed of property. Waste Management v'Store wastes collected from cleaning activities of the drainage facilities in appropriate containers or temporary storage sites in a manner that prevents discharge to the storm drain. Dewater the wastes if necessary with outflow into the sanitary sewer If rwmash ta.Permission permitted. Water should be treated with an approp Nate filtering device to ust be obtained for remove the sand and debris prior to discharge to the sanitary sever. if y disChBerge of discharge to the sanitary sever is not permitted,water should be pumped or water fo the vacuumed to a tsnk and properly disposed of, Do not dewater near a storm rrttary sewer from drain or stream. the local sewering �g�licy. 20 Controlling Illicit Connections and Discharges Improper physical cennectians to the storm drain system can occur in a number of ways,such as overflow cross-connects from sanitary sewers and floor drains from businesses like autos stropsand restaurants, Illicit discharges,and Illegal connodlons can generally ba detected and investigated through a combination of programs and approchas that target a variety of Pollutants and sources, ✓Deport prohibited discharges such as dumping,paint spills,abandoned oil contalners,etc,observed during the course of normal dally activities so they can be investigated,contained,and cleaned up. ✓'Conduct field investigations to detect and eliminate existing illicit connections and Improper disposal of pollutants Into the storm drain(i,e.Identlfy problem areas inhere discharges or illegal oonnedDns may occur and follow up stream to determine the source(s)), Report all observed illicit.connections and discharges to the 20our water poilution problem reporting hotline(714)557-0363. Encourage public reporting of improper waste disposal by distributing public education materials and advertising the 24-hour water pollution problem reporting hotline. � SJG r11=-1 Dralnag�Syst�n.dac 2 2!73708 iSJC DF-1 Storm Drain Stenciling V Implement a storm drain stenciling program. o b tis AS TO OCEAN Storm drain system signs act as highly Wsible source controls Met are typlcdf stenciled directly adjacent to stomr drain falsts. S. Controlling Illegal Dumping Illegally duroped wastes can cause stom water and receiving water quality problems as well as clog the stoma drain system itself. Non-hazardous solid wastes may Include garbage,trash,rafrtae, paper,rubbish,ashes,industrial wastes,demolition and construction wastes,abandoned vehicles and pads thereof,discarded home end Industrial appliances,manure,vegetable or animal scild and sera"olid wastes and other discarded solid or semi-solid waste provided that such wastes do not contain wastes which roust be managed as hazardous wastes,or wastes which contain solubla pollutants In concentration which exceed applicable water qualk objectives or could causo degradation of waters of the state. t=feld investigation v'Deport prohibited discharges such as dumpings observed during the course of normal daily activities so they can be investigated,contained and cleaned up. Conduct flold€nvestigaVons to dated and eliminate Improper disposal of Pollutants into The storm drai€i(€.e,Identify problem areas where discharges or illegal connections may occur and follow upstream to determine tete source(s)). V Report all observed Illicit connections and discharges to the 24-hour water pollution problorn reporting hotline(549)493-1171. /Encourage public reporting or Improper waste disposal by distributing public education materials and advertising the 24-hour water pollution problem reporting hotline. SJC DF-1 0&na9e Sysremdoc 3 21ISO i I SJC DFA TralnIn fEduoatlenf V Annually train rnu*lpal employees to recognize and report illegal dumping. Outreach Encourage public re ring of ille ai dumping g by advertising t118 24-hour avatar pollution problem reporting hotline(949)453-1171. Clean-up activities may create a slight disturbance for local aquatic species. Access to Items and material on private property may be limited, Trade-offs may exist between channel hydraulics and water quality/riparian habitat If storm channels or basins,are recognized as wetlands,many activitles,Including maintenance,may be subject to regulation and permilting, REFERENCES, Califemia Storm Water Best Management Practice Handbooks, Municipal Best Management Practice Handbook. Prepared by Camp Dresser&McKee,Larry Walker Associates,Udbe and Associates,Resources Planning Associates for Stormwater Quality Task Force. March 1993. i Harvard University, 2002. Solid Waste Container Best Management Practices—Fact Sheet On-Line Resources— Environmental Health and Safety. Model Urban Runoff Program:A How-To Guide for Developing Urban Runoff Programs for Small Municipalities. Prepared by City of Monterey,City of Santa Cruz,California Coastal Commission,Monterey Bay National Marine Sanctuary,Assoclatton of Monterey Bey Area governments,Woodward-Clyde,Central Coast Regional Water Quality Control Board. July,199.8. Santa Clare Valley Uthan Runoff Pollutlon Prevention Program. 1997 Urban Runoff Management plan. September 1997,updated Octobef 2090. SJC DM D;aiaaga Sysrsm.d= 4 P1931R9 c� t City of San Juan CapistranoFP- . WATER AND SEWER UTILITY L10 OPERATION AND MAINTENANCE Although sewage systems,the operation and maintenance of public utifities are not: considered themselves are not a chronic sources of storrarwater pollution,some activities and accidents can result In the discharge of raw sewage contains pollutants that can pose a threat to both human health and the quality of receiving waters if they enter the storm drain system through incidents such as spills,leaks or overflows. The attached BMPs are recorrarrrendet!to be used on an as needed and an a,case by case basis, Some BMP aright not apply In certain situations and will not be used, The provided BMRs are potential measures that could be used,Individually or collectively, as the situation requires,and as determined by staff. Activities associated with the operation and maintenance of water-and sewer utilitles to prevent and handle such Incidents Include:the following: 1. Water Lime Maintenance 2. unitary Seger Maintenance 3, SpilltLeaklCverfiow Control, Response,and Containment Cltles that do not provide maintenance of water and sewer utilities should crsordinate with the contracting agenoy responsible for these activities and ensure that these model procedures are followed. POLLUTION PREVENTION: Pollution prevention measures have been considered and Incorporated in the model procedures.Implementation of these measures may be more effective and feduce or eliminate the need to implement other more rWTVicated or cosUy procedures. Possible pollution prevention measures for water and sewer utility operatlon and maintenance include. 0 Inspect potential non-storm water discharge flow paths and clearlcleanup any debris or pollutants found(i.e.remove trash,leaves,sediment,and wipe up liquids,Including rail spills). Once per year,educate municipal staff art pollution prevention measures. SIC FM Water and Sewor Uft O&M.doc 1 2113103 SJC FP-6 MODEL PROCEDURES,a Water Ling Maintenance Procedures can be employed to reduce pollutants from discharges associated with water utility operation and maintenance activities. Planned discharges may include fire hydrant testing,flushing rester supply mains after new construction,flushing lines due to complaints of taste and odor, dewatoring mains for maintenance work. Unplanned discharges from treated,recycled water,rave water,and groundwater systems operation and matntena not activities can occur from water main brews,sheared fir$hydrants,equipment malfunction,and operator error. i Planned Discharges For planned discharges use one of the following options: - Reuse water for dust suppression,irrigation,or construction compaction - Discharge to the sanitary sewer systema with approval - Discharge to the storm drain system or to a creek using applicable pollution control measures listed below(this option is ONLY applicable to uncontaWriated pumped ground water,water line flushing,discharges from potable water sources other than water main breaks)and may require a permit from the Regional Water Quality Control Board. V If enter Is dischargers io'a storm drain inlet(catch basin),control measures must be put in place to control potential pollutants(Le.sediment,chlorine, etc.). Examples of sorne storm drain inlet protection options Include: € _ Silt fence-appropriate where the inlet drains a relatively flat area. - Gravel and wire mash sediment filter--Appropriate where Concentrated flows are expected, Fiber or straw rolls-can be used at all curb inlet catch basins. - Wooden weir and fabric-use at curb inlets where a compact Installallon is desired. ✓Prior to discharge,inspect discharge flow path and clearlcleanup any debris ar pollutants found(l.e.remove crash,leaves,sediment,and wipe up liquids, including oil spllis), Select appropriate pollution control masure(s)considering the receiving system(Le.curb inlet,drop inlet,culvert,creek,etc.)and ensure that the control devices)fit property, General design considerations for inlet protection devices include the ftslit}v�ing: SJC FP-6 Waler od Seller Wiry QW.dw 2 2Jf3703 f SJC FP-6 — The device should be cormtruuctad such that cleaning and disposal of trapped sediment Is made easy,while minimizing Interference With discharge activities. — Devices should be constructed so that any standing water resulting from the discharge will not cause excessive Inconvenience or floodingldernage to adjacent land or structures. +�The effect}veness of control devices must be monl€ored during the discharge perlod and any necessary repairs or modifications made as needed. i Unplanned€ ischarges V Stop the discharge as qulcidy as possWe by turning off water source. V Inspect flow path of the discharged water — Control erosion along the flow path. Identify areas that may produce significant sediment or gullies,use sandbags to redirad the flow. I - Identify erodible areas which may need to be repaired or protected during subsequent repairs or corrective actions If repairs or corrective action will cause additional discharges of water,select the appropriate procedures for erosion control,chlorine residual,turbidity, and chemical add#fives. prevent potential pollutants from entering the flow path and ensure that no addition at discharged water enters storm drains lnlats. E 3 I E s r 1 i S3C FP-6 Watar and Sewer Unty O&M.doc 3 7133103 i SJC FP-6 . Sanitary Sewer Maintenance Applicable to nlunic€palitles who oven and operated a sewwap cal€ection system. Facilites that are covered ander this program Include sanitary sewer pipes and pump stations owned and operated by the Permittee.'The owner of the son€eery sewer facilities is the entity responsible for carrying out this prevention and response program. Sewer System Cleaning V Sewer lines should be cleaned on a regular basis to remove grease,grit, and other debris that may lead to sewer backups. Establish routine maintenance program.Cleaning should be conducted at an establlstf�d minimum frequoncy and more frequently for problem areas such as restaurants that are Ident€ ed ✓Cleaning activities may require removal of tree roots and other Identified obstructions. Preventative and ✓During routine maintenance and inspection note the condition of sanitary Corrective Maintenance sewer struatures and identify areas that need repair or maintenance. Items to note may include the following: crackedldeterioragnp pipes leaking joints/seals at manhole frequent line plugs w line generally flows at or near rwpac€ty suspected infiltration or extiltration Document suggestions and requests for repair and report the information to the appropriate manager or supervisor, V'Prioritize repairs based on the nature and severity of the problem. Immediate clearing or blockage or repair is required where an overflow is currently occurring or for urgent problems that may cause an Imminent overflow(e.g.pump station failures,sewer line ruptures,sever fine blockagesj, These repairs may be temporary untl scheduled or capital improvements can be completed. Review previous sewer maintenance records to help identify'hot spots"or areas with frequent maintenance problems and locations of potential system failure, SJC FP-9 Watir and Sewer Udiity O&Kdoc 4 2)13103 SJC FP-6 . SPHYLeak/Overflow Control, Response, and Containment Control ✓Refer to countywide/lliclP 01scharge Defection and E/lmination Program. Components of this program Include: Afso see DiWaaga System procedumssheai — €nvastigatlonfinspectlon and follow-up Elimination of ill€rat discharges and connections Enforcement of ordinances Respond to sausage spills — Facilitate public reporting of€lllchl discharges and connections. A citizen's hotline for reporting observed overflow conditions should be estab€islred to supplement the field screening efforts being conducted by the Principal Permittee. Responseand ✓Establish lead departmentlagency responsible for spill response and Containment: containment, Provide coordination within departments. ✓When a spill,leak,and/or overflow occurs,keep sewage from entering the storm drain system to the maximum extent practicable by covering or blocking storm drain inlets or by containing and dlverting the sewage away from open channels and other storm drain facifRies(using sandbags, Inflatable dams,e1c.). ✓If a spill reaches the storm drain nofl� County of Orange Health Care Agency through Control One at(714)628-7208, Remove the sewage using vacuum equipment or use other measures to divert k back to the sanitary sewer system, I ✓Record required Information at the spill site, r Perform field tests as necessary to determine the source of the spill. ✓Develop additional notification procedures regarding spilt reporting as needed. Private property access rights needed to perform testing along storm drain right-of-ways. Requirements of municipal ordinance authority for suspected source varifcation testing necessary for guaranteed rights of entry, SJC FP-8 water end Sewer C#iW O&Vdoo 5 2113103 i SJC FP-6 REFERENCES: California Storm Mater Best Management Practice Handbooks, Mfunlctpal Bast Managernent Practice Handbook, N i9pared by Camp Dresser d McKee,Larry WalkerAssociafas,Udbe and Associates,Resources Planning Associates for 5tormwater Qua*Task Force. March 1993. Los Angeles County Stormwater Quallfy, Publlc Agency Actvifles Modef Program. Can-line. http.lftdpw.orglwmdlnpdes#public TC cfm I Sanla Clam Valley Urban Runoff Pollution Prevention Program, 1997 Urban Runoff Management Plan, September 1997,updated Wober 2U9d, Santa Clara Valley Urban Runoft Pollution Prevention ProRm, Wafer Utility P=:ali Wn Prevention Plan, SJG FP-6 Waley and Sewer Cl4iiit Ow.doc 6 2JIS f3 City Of San Juin Capistrano NAMES AND ADDRESSES OF VENDORS CONTACTED Vendor No. A Municipal Underground Services PURCHASE REQUISITION M6NO1 28511 Breckenridge Drive Laguna Niguel, CA 92677 70 94860 64116 00000 . 000 g Fuad Dept./Div Acct Project Cost Center SOLE SOURCE Funds Available Purchase Order# SC)LE SOURCE r ryF2400 PaseoAdelanto ss n duan Ca)is CA 92675 A B C Q fUnit Descri on Unit Price Total Unit Price Total Unit Price Total 1 Sewer Services 175,000.00 $175,000.00 i Contact: West Cur x 4307 Subtotal $ 175,000.00 $ 0.00 Sales Tax 0.00 0.011 $ � $ Shipping 0.00 0.00 $ Total 175 000.00 $ 0.00 Submitted by: Paul Scionti Date. 12-8-10 Department Heatf;-' , e� Date: �;� ���� � Approved by: mate: CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date dumber PERSONAL SERVICES SELECTION GUIDELINES 1 of 7 9/7/04 112 It is the policy of the City Council that the following guidelines shall be used in securing qualified personal services. Guidelines to be used in securing other types of services are found in Administrative Policy #507 and Municipal Code Section 3-4.203. Personal services are defined as service contracts encompassing all contracts for any type of personal service with or without materials. I. Purpose The purpose of this policy is to establish specific guidelines for the selection of firms, individuals or other parties to provide personal services. The intent is to ensure selection of the most qualified, competent providers of quality public services at a reasonable cost. II. Definition For the purposes of this policy, personal services will include but not be limited to a wide variety of expertise and crafts. Examples include: Civil, Mechanical, Electrical, Structural, Traffic and Geotechnical Engineering Archaeology Architecture Landscape Arch itect/Arboriculturalist Community Planning and Development Financial and Economic Feasibility Personnel Legal Management Environmental Cable TV Computer Sound (Noise) Attenuation Maintenance and refurbishing of public facilities and lands Technical Assistance Surveying Inspection ATTACHMENT 2 CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 2 of 7 9/7/04 112 Ill. Selection Process This selection process shall apply to annualized personal service agreements (Master Agreements) as well as personal service agreements for specific one- time projects. For projects estimated at.$25,000 or less, staff will solicit proposal from at least three (3) qualified firms or individuals, if practicable, and at least two (2) should be evaluated and/or interviewed. For projects estimated at over $25,000, at least five (5) requests for proposals should be solicited, if practicable, and at least three (3) parties interviewed. All interested parties are to submit written proposals in response to requests for services including the fees for these services. Interviews and a subsequent recommendation to the City Manager of professional services shall be conducted by the department head responsible for the project. The following factors shall be considered and evaluated in the recommendation of an individual, firm Or other party for personal services for a particular study or project: 1. Educational background; 2. Experience; 3. Demonstrated record of success on work previously performed for the City or similar work performed by others; 4. Specification of individuals who will have direct charge of the work; 5. Whether the party has adequate staff to perforin the work within the time specified by the City; 6. The proposed methodology to be used to accomplish the required work; 7. The ability to make effective public presentations of the report and/or design as may be required; CITY OF SAN JUAN CAPISTRAN® COUNCIL. POLICY Subject, Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 3 of 7 917{04 112 8. The ability to work effectively with City staff, other public agencies, and related parties as may be required during the course of the design, study or other services, 9. Pertinent new ideas which may be presented during the course of the selection process; 10. Where appropriate, whether the party has adequate knowledge of local conditions; 11. Whether the party has available experienced, capable and acceptable professional personnel or sub-consultants as may be pertinent to the particular project; 12 Whether the party is engaged in another project which has direct and substantial relationship to the proposed project; 13. When an existing project is being modified or added to, whether the party who performed the original work should be retained for the new work on grounds of cost, detailed knowledge of the existing work or necessity of use of the same philosophy on the new work; 14. The record of keeping costs within project budgets and design estimates; 15. Ability to furnish adequate and effective construction supervision services, where such services are aro inherent part of a "package" or services for which the party is employed; . 16. Whether the party is working with a major developer in the City, and selection by the City for work within or adjacent to major development project would be appropriate; 17. Reasonableness of Fee Proposed. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy PERSONAL SERVICES Page Date Number SELECTION GUIDELINES 4 of 7 9/7/04 112 Under the following circumstances, the selection process may be waived: a) Where a service can reasonably be obtained only from one vendor; or b) Where the service is necessitated by reason of emergency circumstances; or c) When the City has a contract with another governmental agency to provide the service on a cooperative basis; or d) Where the City Manager has presented evidence to the City Council showing that adherence to the proposal solicitation process would not produce the most economically feasible results., Contracts for services found to meet such criteria shall be submitted to City Council for their concurrence at the earliest possible opportunity, (Note: Government Code Sections 4525 and 4526 require that certain consultants may not be selected upon cost alone. These include Architectural, Landscape Architectural, Engineering, Environmental Land Services and Construction Management.) IV. Environmental Professional Selection Process Ex edited For personal service agreements to prepare or provide peer review of environmental documents, the City may rely upon an expedited selection process. The City may develop and maintain a "List of Pre-Qualified Environmental Professionals" with whom the City may directly negotiate for the provision of professional services to prepare or review required environmental documents. In developing the "List of Pre-Qualified Environmental Professionals", the City will consider the breadth of expertise, experience in preparing and/or reviewing environmental documents for the City, and their knowledge of the City's Environmental Review Guidelines. The City will review the "List of Pre-Qualified Environmental Professionals" on an as-needed basis. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page ®ate Number PERSONAL SERVICES SELECTION GUIDELINES 5 of 7 917104 112 Upon concurrence of the applicant to use the expedited selection process, the City will select an environmental consultant for a specific project on the basis of selection factors established by Section III of this policy. The City will advise the prospective individual or firm (consultant) of their decision by phone and a "Request for Proposal" letter (certified/return receipt). The consultant must prepare and submit a proposed scope of work and cost estimate within five working days of receipt of the "Request for Proposal" letter. Upon receipt of a proposed scope of work and cost estimate from the consultant, the City will review the adequacy of the. proposed scope of work.and advise the consultant of any necessary revisions. The applicant will also be forwarded a copy for their review and acceptance. The City shall advise the project proponent that the consultant's proposed scope of work and cost estimate have been accepted. Upon receipt of the required fends from the project proponent, the City will execute a personal services agreement and authorize the consultant to proceed. At any time during the consultant selection process and prior to contract execution, the City or applicant may unilaterally choose to invoke the "standard selection process" as outlined in Section III. The City may take action, on an as-needed basis, to add or remove any individual professional or firm from the "List of Pre-Qualified Environmental Professionals". In such cases, staff will prepare a report to the City Manager which outlines the specific basis for addition to or removal from the list. The City will provide a copy of the report to the affected consultants)/consulting firm(s): V. Qualified Personal Service Provider Listin s Master Agreements) Each department shall maintain, if desired, a list of qualified personal service providers for professional and/or other personal services as needed when specific expertise is required or time constraints necessitate consultant assistance in various specialty areas. These consultants may be included in Master Agreements provided they meet the selection evaluation criteria described in Section III of this policy. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 6 of 7 917144 112 V1. Fees and Contracts Once the department head has made a recommendation, he/she will negotiate an agreement with the party regarding the contract for the services to be rendered. This contract will be based on the fees included in the party's proposal. Where it is determined by the contracting department that disclosure categories do apply to the party, and party will be required to file disclosure statements, a paragraph shall be added to the contract declaring that the party should be considered a designated position in the conflict of interest code. The department head shall recommend to the City Manager the appropriate disclosure categories. The department head shall insure that parties are advised of the policy and of any requirements under conflict of interest codes. Where it is determined by the contracting department that disclosure categories will not apply to the party, and party will not be required to file a disclosure statement, a paragraph shall,be added that requires the party to verify that there are no hidden or unknown conflicts of interest in his organization. Upon successful negotiation of a contract for services, a standard form personal services agreement, prepared by the City Attorney shall be utilized to finalize the transaction. If an agreement on the contract for services to be rendered cannot be reached, the department head shall begin negotiating with the next most qualified party. (See Section. III). Master Agreements may be issued for a period of 3 years with two (2) one-year extensions and have no fixed dollar amount. An agreement shall not be executed unless sufficient funds have been appropriated in the departmental and/or the designated project account. The City Manager will have the discretion to reallocate budgeted funds and to make exceptions for unbudgeted personal services within approved budget authorization limits. CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 7 of 7 9/7/04 112 VII. Contract Approval Approval Authority for personal service contracts shall be as follows: Specific Projects $25,000 or less, City Manager approval $25,000 or more, City Council approval Provided sufficient funds have been provided in the departmental and/or designated project account, the City Manager is authorized to execute amendments to City Council approved agreements up to twenty five (25) percent of the value of the contract. Master Agreements City Council approval. City department heads may authorize requisitions for specific projects, not to exceed $50,000 per project proposal, per year for qualified consultants included on the Master Agreement provided sufficient funds have been appropriated in the departmental and/or the designated project account. The City Manager will have the discretion to reallocate budgeted funds and to make exceptions for unbudgeted personal services within approved budget authorization limits. CEQA, NEPA and Developer Deposits Due to the restrictive timetables of CEQA and NEPA process, all personal service agreements for professional services related to these processes in which the developer monetarily reimburses the City prior to the execution of the contract may be approved by the City Manager. Additionally, all other contracts related to development processing in which the developer monetarily reimburses the City prior to the execution of the contract (Applications subject to the City's Developer Deposit Program) may be approved by the City Manager. VIII. Record of Qualified Personal Service Providers Department heads shall maintain a file of names and brochures of the various qualified parties who have.expressed a general interest in doing work for the City. This file will be used for purposes of soliciting personal service proposals. The department head shall have the discretion to select and limit the number of qualified firms to be kept on file and receive requests for proposals from the City. PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2011, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Municipal Underground Services Incorporated (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to sanitary sewer and storm drain maintenance within the City; 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 Contractor shall consist of those tasks as set forth in attached and, incorporated herein by reference (Exhibit A). Contractor warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. The San Diego Regional Water Quality Control Board (RWQCB) has issued a permit which governs stormwater and non-stormwater discharges resulting from areas owned and operated by the County of Orange, Orange County Flood Control District and incorporated cities of Orange County(collectively referred to as Permittees). The RWQCB Permits is a National Pollutant Discharge Elimination System (NPDES) Permit No. R9- 2002-0001, respectively. Copy of the RWQCB Permit is available for review. In order to comply with the Permit requirements, the Permittees have developed a Drainage Area Management Plan (DAMP)which contains Model Maintenance Procedures with Best Management Practices (BMPs) that parties conducting the municipal activities must adhere to. These Model Maintenance Procedures apply to any party conducting municipal activities and contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Work performed underthis Agreement shall conform to the Permit requirements, the DAMP, and the Model Maintenance Procedures and must be performed as described within all applicable Model maintenance Procedures. The Contractor shall fully understand the Model Maintenance Procedures applicable to activities that are being conducted under 1 ATTACHMENT 3 this Agreement prior to conducting them and maintain copies of the Model Maintenance Procedures throughout the duration of the Agreement. The applicable Model Maintenance Procedures are included as Exhibit "B" of this Agreement. Evaluation of activities subject to DAMP requirements performed under this Agreement will be conducted to verify compliance with DAMP requirements and maybe required through Contractor self-evaluation as determined by the City. 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 February 29, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed those unit prices as set forth in the proposal from Municipal Underground Services, Inc., as set forth in Exhibit"A," attached and incorporated herein by reference and shall not exceed a total of$71,500.00. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit 'A" attached and incorporated herein by reference. Included within the compensation are all of the Contractor's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Contractor's proposal. .3.3 Method of Payment. 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. 3.4 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. 2 Section 4. independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without:the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. 3 Section 9. Compliance with Law; E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of firing a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at httr)Wwww.uscis-gov, or access the registration page at https://www,vis-dhs.com/empLoverregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. f=ailure 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. 4 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 bold 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 Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class Vll 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. 5 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 Not Applicable 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 6 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: Justin Kirk To Consultant: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 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"). 7 IN WITNESS WHEREOF,)F, the parties hereto have executed this Agreement, CITY OF SAN JUAN CAPISTRA O By: Karen P. Brunt, City Manager CONSULTANT By: ATTEST: City Clerk APPROVED AS TO FORM: ov�w AawE City Attarn 8 } 7 PROPOSAL SANITARY SEWE AN!q , 1 k $ it ,.. E From- �f�g!�tfpp�-i �[�33 C�. NTRA �r Ot'�`R 1 To the i--loncrabl City Council C KY of San Juan Capistrano ( The undersigned, as proos r, declares that tae has carefully examined the focation of the proposed wort, a� desc€died, examined ffie General Provisions and p iticati0rS, read the Instructions to Proposers, and is f=amiliar with all Prc os l requirements, and hereby proposes and agrees, if the proposal is accepted, to :omPlete said contraci in acco danceEvith the Contract Documentss for the folio inn- aC � [TE OF ORS, � � ��r�` CCTV Vidctaprg of Cify Sewer ! and Drainage Lines - $JLY, r g Gleanino of C lit Sewer Lines Cleaning of C Ity Storm Drain Lines -- 12" Dia. or less $&F. jr� . � . Cleaning of Stomi Drain Lines giver 12" Dia. to 24" Dfa. K,F. E Cleanfnq of Store Drain Unes - rester than 4�' Dia. $/L,F, k 0 F l Stora Drain Catch Basin Cleaning r - Ueani cg of Flat Box C miens IM nater than 24", $/1-5. CYL , RXF I Laguna Wliguei,CA 92677 afty af Earl Jar c4pirAm.no 27404 Paseo Adelw-ft San juan Capfvlmuno, CA 5,2076 Dear Sir or Madn , TIMS lOmf is W COnffnr dolfer arnauat oq page s of tur propoe"St, 'Me-OEAfy rftR.FIO.ft,fmo ig irl Mull"M-atnft, of Flat Box OWnKt qr-mlartlun 24'% pmWomly the doff.&r pnjuu.nt�tqfag piated,as T k MiRod,we wruWd now like,to Otange thig to bt,t9,76 R.r HnOV f�,Ot for kf!Vorrme. yes `fyou agaln. David BaLetallo PROPOSAL (confinued) Ei sa �VqF- " -- Hourly Rate �F��� Cost to do mews,and dry€ruga lire. cl ani g, or lir other ewer work, or cleaning of catch basins, t i hum, other than s Stated as normai workingin figures In ��€�re�s hours ppr•the specifications. Brice sh li includeh .ff labor matenal, trucks, equipment, and i posaa costs, Unit price Per moor FOR FIRST YWO HOURS. if . Unit Price Per Hour FOR EACHHOUR THEREAFTER. e. He, '4COsts for emergency work shall include contairarent ot tan itr�� s� vact.rt,rm!nq and disposal of€aterial, Please indicete befow the equipmenl and number of personnel in iud d fn the quoted rates for item 4 above: r � Please indicate below the hourly rate tbr any speciaiized equipment not included In the above definition. The rates quoted below shall be fOr equiPmerrt: and aper tot (or operators) as required, H-o—LAy, Rate j Equipment Description " e - � tEmergency Fr""OPOSAL (Continued) Said amounts are to inctude and cover all taxes, the performing of all the labor requisite or proper End the providing of all necessary machinery, toots, japparatus, and other means of malntenance; also, the performance and completion Of Off the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material such as sludge-, grease, water, mud, roots, etc,, from the project sites. AN pi-ices ' quoted above hail include traffic control if mquired by City. Contractor will not be required to pay for permits on City projects. if the contract is arded, the undersigned agreesi to enter into a contract with the city and to commence work within fifteen (15) calendar. days from the date ofy thereof. eecutfon it is understood that the City reserves the right to increase Or deCr62se the frequency of any item or portion Of the work or to omft portions of the work as may be deemed necessary by the Public Works Directof, or designee. The cOntfact amount shall be adjusted to reflect these changes, It is also understood by Proposer that the City of San Juan Capistrano has the tight to reject this PrOPOSal OF to award a contract to the undersigned at the prices stipuiated, Sfg.nait�e 6f�Bidder itie Company 1 PROPOSAL (confinued) Company Name: 4e� i t i�ic a i Firm/Cc -Partnership if a firm or cc-partnership, provide the names of all individual `o_p Nnn rs (President, ecr taq,, Treasurer, and Manager thereon composing the firm b0ow: 4 _—A K i A.*_ G Na me/Tiffe darns/Title i A, Contmct r shall not be required to pair for per€marts on Uy projects, ( M'VfY that i have thoroughly checked the figures set forth in this proposal, that t y are correct to the best of ray knowiedgL--, and that they c6n8 rt MY prOpOW for the wort; cafled out herein, � .a,. I� s_- Ale Rafe Sign, ttrrtl I E f i 3 I 9 ify R.E. Sari -uan F-3 F £. chll AND MA'[WrENJARCri As v consequence of itB furtcttorj,ffla gfz-rn1 4,tS.1, FSystetil.001 facts and tra spOFts Urban€unO &nd storm water that may co-nWn certafn poffts rt . Consequently these paltutantg May acoa u[ate to the Cystem anrd a*t be re oystf perfodfcafly, In ads l n, the RY&f: erts mu9t aWo be-m- aintafned to function.ptuper€y f'lydraUtIce tfy to avoid flooding, T'he au0had BMPS are recommendefd to be used on a OL.E needed and On a case by Cass,heals, Some amp might not appill It-1 Cei -t11 situniOons and v4i not be used. G prcvtdedBMPv are otenUa.f mGagures that;Oculd be uged, 1ndN4d€taffy or wile ffvel , as the sttuatfo requires,and as de-W"pled by� a f it e frr the system may Invu G the f0ftwing acuv lies: f t;pGo *r and Clean fn of stom7watqF Conveyance structure GO-11trofffne Illicit annectfonv-and to r Controfflng lRegal Dumping MODEL C RM, , ffispection and. Meaning of Drah-age Faeffides General Guldellnes V Annuatfy inspect and clears drminage fi djhies as needed.!Maintain appropriste records. Tris information should be used to deterr ns problem areas Net may need to be checked more often, V Remove trash and debris as needed 1rDm open channe#s and property dispose of ttcise r ateriafs(at an approVed landfill ar recycling Tacrli�,j, it should be noted that major debris rem,ov.f may requite other repulato,,Y Nrrnfts prior to completing the wort,, Cord arrnuai visuel irtspe--off s ilurir}g the dfY season to determine if lh 'e are problem i'rlets where sedimentltrasll of other poflutanis accurr�u€ate. Efirnfrlafe any discharges thaf Mn o r While,me!nIalnlrg and deaning any rnunidpal dral6e tdffles, �! Train crews in proper mvinterance activities, Including record keeping and dlsposaL Y✓Provide enargy+dissipaters(e,o,riprep)below crtivert orrlfafls to mfr3Wzo potenti sic DF.1 v r rr rsth StanciHng lrrplernent a storm draln stenCIPTIg program, URI IRIS TIO f Sturm drain:Many signs 80 as highrisible saurce controls Thai arra Wcai,stenOod Oredly a4acenf!c$ton dtaln Vols. Etiaily duped v�esucmn cause story�4eBer roe �ig4eruaisft�bies as r��elis # e stogy draio sy to €pelf. Ron-hazardous solid Was€aa May Include S'ar gie,trash,refun, paper,rubblah,ashes,industrial wasteg,dame t€ore end coy druc ri wavee,abandamed veh€cies and paft thereof,d1grgrded home and tndustrlat apps€ .mf�R,rrranure,ve9ekable Dr animel sella and, sM14011d W"Oes and rather la rded solid or rem€vofld,vngte providW tha.f VLfc�%�,k.st®s do not con in ififastes wh1ch must be managed as hazardous w4astes,ar wastes Vehi�h�ontsirr soluble Pollutants In concentra lon which exceed apPlficWe Watfir quality ObjeoElves or could cause degradrdlmi of esters of the zfeo. F%Id fr vesflgOon v/deport prohibited discharges such as dumpings cb rred during the course Of nomas)daily activities so they can be invesVgated,contained and clamed Grp, a�Canduct field inVestlgations;to detect and elImInafs improper dispel of pollutants Into the storm drain(I.e,identify problemareas where discharges or illegal connections may oct;ur and follow up stream to deterrnIne the source(s)), Report all observed Illicit connections and discharges to the 24-hcut water pollution problem reporting hot he{949}493-1171. Entourage Public reporting of Improper waste disposal by distributing public education rrratedals and advertising ft 24-hour water pollution probierrn reporting hotilne. �JC�F-1�2rair�ge�ysr�m_d� a 21�3I43 �€�- , ' LLL EEE . Annualiy+train municipal employees to reognize and report Megal dumping, fr i wDMUra e pOC reporting of Nagai d m in 9 bl'advsrtiwlrig the 24-hour water pollution pfDblem reporting hotline(99)49 1171, 1. Gleam-up&ctivittas tray cr®atc 8 slight disturbance for local aquaVc.species. Access to itenjs ar7d rnateriat on private properly maybe limited. Trade-offs may exist bets+ern channel hydrarrilm and water guality]rlparlan habitat if storm channels or basins are recognized as weVands,many activitlds.Including n ir€t r n ,rna d be sub)ect to regutatfon and permitting, California Storm Yater Best Management practice ffandt ooks. Municipal Be6l Management practices Handbbok. Prepared by Camp Dresser&McKee,Urry Walker AssociWes,tfrlbe and Associates,Resr rc es planning Associates for Stormwater Qualify Test;Foros. larch 1993, 1 Harvard UniversPty. 2002, Scud WOste Container Best Management Practices-Pact Sheet €r'.Line R6souroes-. Environmentai Health and Safety. Model Urban Runoff Program:A Hm-Tc wide for Developing Moban Runoff Programs for Smail Municipalities, Prepared by City of Monterey,City of Santa Cruz,California Coastal Ccmrnission,MOntere}+Say national Marine Sanctuary,Association Of Montarey Say Area C�Overrlments,WOOdvffird-Clyde,Cenkral Coast Reftnal Water Quality Control Board. Juty,199& Santa Clara Valley Urban RunDf€Pollution Preventlon Program, 1997 Urban Runoff Management pjana September 1997,updated C:tobef 2000, 5.10 D1=-1 D4r'a�o Sysfern.da_ 7If8�43 z Sall Wan Capa'strane CHY l WATER ANIS, SEWER UTLIT OPEfR'�I [ON AND MAINTENANCE Although SaWa ,a sjestonis, the operation and mainienance of pu-blic UjIjItres are.not conssdered themselves are note chronic sources Of lstormveat> r pollution,some actiVftlss and aeolden Can r e-su t hn the discharge of raw sewage cont&inq polva tts that can pose 6-threat to both human€yea€th and the quality of rete€vP tag waters if they eater the storm drain system through incidents such as spills,leaks or overflows. The &t hOd A Ps firs recommended to be used on an as needed and om a c e y cuts bazis. SOMO BMF Mfght not apply In aartafn situations aild wf€f not bo used, The pr€vIded EfLgPs are potential measures thvt CGU.I d be used, frtdMduaRy or ccafieat€vaty, as the situation requiras, and ars detelInifned by staM Activities assioclated w1m.the aper!ation and Maintenance of water a.nd sewer utllftie;s to prevent end-handge euoh Incidents Include the foffot ing., 1, Mater Une Maintenance 2. Sanitary Sewer Maintenance 8, SPlFIIL,6ak/0VGrR0W COnVof, Response, and Oontaafnrnent ClUes that da not provide M811"t.8nRRce of water and se at utffftf s should coordinate t0th thO cOntrEctIng agency responsible for these actfvltf s and Ensure that these model pFucsdures are followed, Pollution prevention Measures have been cons;dered and fnooWated in the model procures.frrrplernentetion of theme measures may b8 mare effectk/e art redura or eliminate the need to implement other more cor,plic ted or inclucostlde: prflcedures. Pt ibie pofiuticrr prevention measures f'or vaater and sewOr utility operation end rrra#nter*nce irtcfaade; inspecl potential rton-storm tater disoha,ge f€orv�,pmts and ciearlcjeanup any debris ter pollutants found(i.e.remove trash,feaves,sodiment,and wipe up liquids,including oil spills). Once par year,educate tunicipa.f staff or'poWtion prevention measures. Sir.FP4 ftar vnd sewer UPlliiy©&M.doc i 2/15/M is FP-O ODEf,.5. PROCED URES: i. W-ate'r, Line Maintenance Mcedurez can be ern-ptoyred to reduce pollut-ants&O di chat s ssoo( f d rlt �afag utility opareian and mahitanance activkUM Planned discharges may,lnctu&fire hydrant testing,fll��i�n gaEer s pin 'ma€reg attar€eve Construction,figzhiq Ekes dos to co ptainft, of taste arsd odder, day teriq rnains for ralntengt-te earl,. unplanned diseharge5 from heated,reoyoked (or,raw %kilter,and groundwater gsfere oor�F'Voln and a iyitles can�>Ccur fMM water main break s,ohaamd fire Nydrarts;equfpmntl!n�EfnnctEor,and operger�rfor. ,I f rayed Msalter es Fol'punned discharges use ono of the following opt,ns; Reuse tater for dust suppression,Irrigatic n,or ocnstr€sotjon compaction Discharge to the saniti3ry sewer Qystern with approti,ak Discharge to the stoat drain system or to a creek using applicabl® Pollution control measures listed bek®W(bits option is ONLY applicable to unconlaNnated pumped ground w.ler,grater iirie flushing,d€schargas from potable tester Mmes outer than water main breaks)and may require a perrns hill the Regional Water Quality Control Board. If rater is discharged to'a storm drain iniet(catch basin),control Ineasures must be put in place to control potential pollutants(i.e.sediment,ohlo ine, etc.). Examples+3t some storm drabs Inlet PrOtOctlOn options include: - Silt fence-appropriate rashes the Inlet drains a relatively gat area. i -- Gravel and vire mesh sediment Anter Appropriate where concentrated 60M are expected, Fibs►or straw rolls-can be used at all curb inlet catch basins. - Wooden weir and fabric use at curb inlets where a compact installation is desired. Prier to discharge,inspect discharge flow path and clearlcleainup any debris or polutants found(i.e.remove trash,,ieavas,sedfinent,and wipe up liquids, Including oil splils). Select appropriate pollution contrck McRsure(s)considering the receiving System(Le,curb inlet,drop inlet,cvhrert,creek,etc.)and ensure that the control deviw(s)flit property, General design considerations for inlet protection devices indrds the falip>rrkng: M FP-&Water WOO Sear Utll y U-Kdoc 2 2 1303 C , �z CIIII -v Toe device should I�a oonstnjcted surah that cleaning and dispow) of Impsediment Is rads easy,We minimizing Interference Mill discharge activities. -- Devices shnuid be constructed so that anV standiN water resu)V.ng from th8 discharge vrili n&tause exressiee int*nvenlence ar tloordingldarriage to adjacent land or structures, The eftctiveness of control devices must be=OuTed during the disehar&e period and any necessary repairs or rnoof fions made es needed, Unpfartned DIscha es v�Stop the discharge as qufcldy as possible by turning of water source, Inspect flow path of the discharged water: m Control eras on along the qow path. — Identify areas that may produce sign.ftarif sediment or guilias,use sandbags to redirect the 11mv. -- identify erodible areas which may need to be repaired or protected arming sAsequenf repairs or corrective acWns. f j it repairs or corrective jocfion will cause additional discharges of cuter,select the appropriate procedures for erosion control,chlorine residual,turbicifty, W Mernical additives. Prevent potential pollutants Imus enletfni the 410 ra path and ensure that no additional discharged water enters storm drain inlets. $JC VP-6 WNW 214 SeWW Ugtgy M W,,dOC 9 eJi3li33 Sic FP-G. 2, SaMa5i Sewer ma�ntetj&nce AvpfleabN to ty;Unic:1NUOes Wfic Overt and operated q wvfA p. collectiori Fifstem, Faofitlu tfvt&M W%rvd findor fhl,,i prograr,tficludo ZU ftfiFy.8WOF MpOs&nd pUMp VUffaftt ar,1146 6 ths PgrMinee.T66 �n.d j1per8',ted bV OwIfter of the,f�snftty veweruollitin hT the en rapo"We far C�rry Ing OW WS Pf"UNIVOR grid PUPOW Proumm, a[earlIng V Skmler lines vhovid be deaned on a regular basis to remove grease,prj�, and other debris U181 may lead to sewer backUM t"Establish roz&e rnafntanante program,cjea:jlno 'ghould be cornu d al an established rnirftum*uericy end more frequent y for pro*rn areas such as restaurants that are identMed Cleaning activities may requiro removal of free roots;and other identiffed Obstrudlons. PfskfenUt Kle and correctlys Mas mermnce wring roWne maintenanre and fnspecWTI role the cor)di jon of seriter-Y steer st-octures and identify areas that need repair or maintenance, items to note my Include the following, pipes - frequent h118 P109S - line generally Pows al or nut capacity - WsPedtd jnlRratfor of eAlhtion Docurnenf suggestions and riaquests for repair and report the InformgUon to the appropriate manger or supervisor, PrIOrItl?e repairs based on the nature and seyerl4,of the,problem, lMmedfate cleering of Wodmge or repair is required where an DyedjDw is GurfOnflY O=rrfrip 01 for urgent problems that rney caa)"an jmmij ent Ov'erkw("'Pur*P Station legums,sawet line ruPlUteS,sewer fine blockages). Thase repairs may be lemporaiy until scf1edulee of capftal Improvements can be completed, Review ROOM'S suer Maintenance reoWs to trip jdej% %of spots'or ,areas tenth fmquenj Maintenanm problarns and j=tiorj, failure. of potentia)sys3e M S3,r- Vvatcr and ci€k4.dc-- 4 SpHI/Leak/Ovefflow Contrat, Response, and �0nta(nMejjj Control Refer to counWdefllick Discharge Defection and Elimination pnrarn, ComponeriLs of thL-program include: Also sae Drainage Sy&fam pmogdvres sheet and follow-up - EIM.natiDn of 11licit discharges and connedlons - Enforcement of ordinances Respond to sewage Spift Faclftte public reporting of illicit discharges and Connections, A citizen's Wilma for reporting observed Oveftw conditions should be established to svpplernent the field screening efforts being conducted by the Principal Permittee. Response and Estabfish lead departmantIZ99muY responsible for spill response and containment. Provide coordination Whin departments, When a sPRI,leak,andlor ovellow oxim,keep sewage from entering the storm drain system to the maximum extent PTaclfca ble by covering or blooWng storm drain inlets or by containing and dIverljN the sewage away from oper.channels and other stoTrn drain facilities(using sandbags, Inflatable dams,01c.). P a spilt reaches the storm drain nolify'Cotjnty of Orange Health Care Agency thr%gh Control One al(714)628-7208, Remove the sewage using vacuum equipment o,,,Ilse other measures to divert It back to the sanitary sewer system. V Record required information at the spill site, Perform flaid tests as necessary ID determine the source of the spill. Develop additional noMustion procedures regarding spM reporting as needed. U W T-ATf 044S, Private property sccass rights needed to perform testing along storm drain right-of-ways. ReqvjrempntS of municipal ordln,inm authority for suspecled souros,verification testing necessary for guaranteed thts of entry, SX FP-6 dater and sfrwer W�j�,17 mo�oc JC F l- REFERENCES, Cafiforn'a Storm bfirater Best Uattagamartf Pracfice Handboaks. Municipal Best Mmagam5fif F;rBcflcs rJandbcok. ftparad by Camp Dresser& r;Kee,Leo),WaAw Associefes, Ebbe and Associates, ReSoumss Planning Associates for Stomwafer Quv&yf Task Force, ma/rb 1993. Los Angoles County Stormwater Quality, Pub1lc Agery C;WIfies Modef Program, On4lne. ➢�p:111adp�a.or�A�+r�dl�pd�s�pubfic�,�C,o i Sania Clara lraifey Urban Runoff Polltrtfori Prevenflon Proggrar,, 9997 Uthert Runoff fABna9cmznt Plan,'Sept6 ber 1997,updated October 2000, Santa Clara Valley Urban Runoff Polftrllon prevpnVon Program, Water Why Pollution Preventlor Plan, i i l S lu# Waiss and Svwer wi:Yy t1�f .doc. E 211�31�3 Summary of payments to Muni al Underground Services Incorporated Fiscal Years 09/10 & 10111 Fiscal Year 09/10 Invoice # I Amountl Invoice Datel Description 09-1076 $4,234.54 6/1412009 STORM DRAIN MAINTENANCE 09-1078 $2,702.75 6/22/2009 SEWER CLEANING & MAINTENANCE 09-1088 $2,665.08 7/11/2009 SEWER MAINTENANCE 09-1093 $506.57 7/15/2009 SEWER MAINTENANCE 09-1098 $1,332.09 7/21/2009 SANITARY SEWER CLEANING 09-1105 $6,579.81 8/6/2009 SEWER SYSTEM MAINTENANCE 09-1106 $8,150.00 8/6/2009 SEWER SYSTEM MAINTENANCE 09-1118 $2,104.89 8/17/2009 SEWER MAINTENANCE 09-1102 $2,024.13 7/27/2009 WATER & SEWER SYSTEM MAINT. 09-1127 $1,050.00 9/8/2009 SEWER VIDEO INSPECTIONS 09-1128 $2,363.25 9/8/2009 SEWER CLEANING & MAINTENANCE 09-1134 $2,491.57 9/14/2009 SEWER MAINTENANCE 09-1140 $775.00 9/17/2009 SEWER MAINTENANCE 09-1141 $1,125.00 9/26/2009 SEWER MAINTENANCE 09-1142 $3,016.52 9/26/2009 SEWER MAINTENANCE 09-1148 $5,383.67 10/12/2009 SEWER MAINTENANCE 09-1149 $4,835.50 10/12/2009 SEWER MAINTENANCE 07-714 $875.00 10/15/2009 WATER MAIN REPAIRS 09-1157 $6,695.49 10/27/2009 SEWER CLEANING & MAINTENANCE 09-1167 $8,509.57 11/9/2009 SEWER SYSTEM MAINTENANCE 09-1168 $5,557.39 11/9/2009 SEWER SYSTEM MAINTENANCE 09-1158 $6,990.79 10/27/2009 SEWER CLEANING/BALANCE OF INV 09-1158A $3,535.30 10/27/2009 SEWER CLEANING & MAINTENANCE 09-1169 $2,549.71 11/13/2009 SEWER MAINTENANCE 09-1178 $7,287.57 12/5/2009 SEWER MAINTENANCE 09-1179 $5,625.36 12/8/2009 SEWER MAINTENANCE 09-1180 $787.50 12/8/2009 SEWER MAINTENANCE 09-1183 $350.00 12/22/2009 PLUMBING REPAIRS 09-1181 .$9,978.82 12/22/2009 SEWER MAINTENANCE 09-1182 $1,268.75 12/22/2009 MAIN LINE REPAIRS 10-1190 $6,159.83 1/5/2010 SEWER MAINTENENACE 10-1195 $18,790.26 1/19/2010 SEWER MAINTENANCE 10-1200 $6,494.35 2/1/2010 SEWER CLEANING & MAINTENANCE 10-;1201 $700.00 2/12/2010 SEWER CLEANING & MAINTENANCE 10-1202 $11,976.84 2/12/2010 SEWER CLEANING & MAINTENANCE 10-1204 $16,465.09 2/26/2010 SEWER CLEANING & MAINTENANCE 10-1205 $11,695.71 3/12/2010 SEWER CLEANING/VIDEOTAPING 10-1206 $1,750.00 3/25/2010 SEWER CLEANING & MAINTENANCE 10-1207 $350.00 3/25/20101 SEWER CLEANING & MAINTENANCE 1 ATTACHMENT 4 10-1208 $1,981.26 3/25/2010 SEWER CLEANING & MAINTENANCE 10-1209 $11,702.61 3/25/2010 SEWER CLEANING & MAINTENANCE 10-1210 $6,019.18 4/9/2010 SEWER CLEANING/MAINT/VIDEOTAPE 10-1211 $12,604.23 412312010 SEWER CLEANING & MAINTENANCE 10-1212 $8,099.22 5/7/2010 SEWER CLEANING & MAINTENANCE 10-1214 $14,661.03 5/21/2010 SEWER CLEANING & MAINTENANCE 10-1222 $350.00 6/4/2010 SEWER CLEANING & MAINTENANCE 10-1223 $8,013.49 6/4/2010 SEWER CLEANING & MAINTENANCE 10-1224 $6,335.92 6/4/2010 SEWER CLEANING & MAINTENANCE 10-1227 $13,729.41 6/18/2010 SEWER CLEANING & MAINTENANCE 10-1228 $1,050.00 6/18/2010 SEWER CLEANING & MAINTENANCE 10-1229 $4,340.33 6/30/2010 SEWER CLEANING & MAINTENANCE 10-1230 $6,960.72 6/30/20101SEWER CLEANING & MAINTENANCE 10-1231 $4,638.84 6/30/20101 SEWER CLEANING & MAINTENANCE Total $286,109.93 Invoice # I Amountl Invoice Date Description 10-1240 $2,282.02 7/8/2010 SEWER VIDEO TAPING & MAINT 10-1241 $2,012.50 7/28/2010 SEWER CLEANING & MAINTENANCE 10-1248 $5,514.54 8/11/2010 SEWER CLEANING & MAINTENANCE 10-1253 $5,366.46 8/24/2010 SEWER CLEANING/VIDEO TAPING 10-1252 $1,750.00 8/14/2010 SEWER CLEANING & MAINT. 10-1255 $350.00 9/2/2010 SEWER MAINTENANCE-VIDEO TAPING 10-1257 $2,968.39 9/3/2010 SEWER CLEANING & MAINT 10-1258 $700.00 9/3/2010 SEWER CLEANING & MAINT. 10-1259 $250.00 9/4/2010 CITY HALL PLUMBING REPAIRS 10-1264 $570.00 9/11/2010 EMERGENCY PLUMBING REPAIR-CITY 10-1265 $285.00 9/14/2010 CCTV SEWER MAINTENANCE 10-1267 $7,429.22 9/19/2010 CCTV SEWER MAINTENANCE 10-1268 $350.00 9/21/2010 SEWER CLEANING & MAINTENENANCE 10-1269 $6,540.60 9/21/2010 SANITARY SEWER CLEANING 10-1272 $15,208.76 10/4/2010 SEWER CLEANINGVIDEO TAPING 10-1273 $525.00 10/4/2010 SEWER CLEANING 10-1275 $15,353.03 10/19/2010 SEWER CLEANING & MAINTENANCE 10-1282 $10,940.13 11/3/2010 SEWER CLEANING & MAINT. 10-1288 $13,536.77 11/17/2010 SEINER CLEANING & MAINT. 11-1294 $23,890.00 1/3/2011 CITY HALL SEWER REPAIRS, 10-1293 $15,780.23 12/15/2010 SEWER CLEANING & MAINTENANCE 11-1295 $10,104.74 1/12/2011 SEWER CLEANING & MAINTENANCE 11-1298 $4,656.05 1/25/2011 SEWER R&M/VIDEO TAPING 11-1300 $10,942.26 2/8/2011 SEWER/VIDEO TAPING SYSTEM 11-1301 $6,900.00 2/9/2011 SEWER REPAIRS/MAINTENANCE 11-1302 $4,573.50 2/22/2011 VIDEO TAPING SYSTEM 11-1304 $10,915.21 3/9/2011 VIDEO TAPING/CLEANINGISEWER 11-1305 $10,673.96 3/24/2011 SEWER CLEANING/VIDEO TAPING 2 11-1306 $13,122.87 4/5/2011 SEWER CLEANING/R&M/VIDEO 11-1308 $8,166.18 4/19/2011 SEWER R&M 11-1309 $10,212.14 5/5/2011 SEWER R&M 11-1310 $2,100.00 5/5/2011 SEWER R&M 11-1311 $525.00 5/5/2011 SEWER R&M 11-1312 $11,575.35 5/18/2011 SEWER MAINTENANCE 11-1313 $525.00 5/18/2011 SEWER MAINTENANCE 11-1314 $1,050.00 5/18/2011 SEWER MAINTENANCE 11-1315 $525.00 6/112011 SEWER MAINTENANCE 11-1316 $350.00 6/1/2011 WELL MONITORING 11-1317 $1,400.00 6/1/2011 DRAINS MAINTENANCE 11-1318 $875.00 6/1/2011 SEWER MAINTENANCE 11-1319 $9,690.94 6/1/2011 SEWER MAINTENANCE 11-1327 $4,133.38 6/16/2011 SEWER CLEANING & MAINTENANCE 11-1328 $5,350.00 6/16/2011 SEWER CLEANING & MAINTENANCE 11-1329 $525.00 6/16/2011 SEWER CLEANING & MAINTENANCE 11-1330 $350.00 6/16/2011 WATER MAIN BREAK REPAIRS 11-1331 $1,137.50 6/16/2011 WATER LEAK REPAIRS 11-1332 $1,987.50 6/16/2011 EMERGENCY LEAK REPAIRS-CLEANUP 11-1334 $4,437.00 6/30/2011 SEWER VIDEO INSPECTIONS 11-1335 $962.50 6/30/2011 SEWER REPAIRS 11-1336 $1,137.50 6/30/2011 MAINLINE LEAK DETECTION/REPAIR 11-1337 $1,050.00 6/30/2011 MAINLINE LEAK DETECTION/REPAIR 11-1338 $350.00 6/30/2011 SEWER DEBRIS CLEANUP 11-1339 $525.00 6/30/20111 SEWER DEBRIS CLEANUP 11-1340 $11,510.94 6/30/2011 SEWER CLEANING & MAINTENANCE Total $283,942.17 3 S h 32400 PASEO ADES..APIITO MEMBERS OF THE CITY COUNCIL SAN JUANCAPISTRANO,CA 92675 ii' (949)493-1174 LAURA SAM LEVATO FREES (949)493-1053 FP% tnc��raaarca LALidLh F6dEESE LARRY KRAMER www.sanjuancapistrano.org DEREK REEVE a Ja1iF1 TAYLOR ® r � TRANSMITTAL TO: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 DATE: November 15, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement— Sanitary Sewer and Storm Drain Maintenance Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Justin Kirk, Senior Management Analyst at (949) 443-6381. An original agreement is enclosed for your records. Cc: Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%recycled paper Christy Jakl From: Christy Jakl Sent: Tuesday, November 15, 2011 12:34 PM To: Justin Kirk Subject: Agreements-SAK Construction and Municipal Underground Attachments: SAX Construction.pdf; Muncipal Underground.pdf Hello, Attached is the executed agreements with SAK Construction and Municipal Ur derground. Thanks!! C;hrisl-� 3akl Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949)493-1053 fax 2 Today's Date: 1 y Transmittal Routing (Check All That Apply) ❑ City Attorney City Manager City Clerk CONTRACT TRANSMITTAL CIP No. (if any): Project Manager's Last Name: iv It _ Phone Extension: Council or CRA Meeting Date(if applicable): APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair I� City Manager 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: Names Street City St Zi OTHER INSTRUCTIONS: Form Date:01-2004 D-7