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12-0417_PASCAL AND LUDWIG_Personal Services AgreementPERSONAL SERVICES AGREEMENT TtilS GREEMENT is made, entered into, and shall become effective this day of(1 , 2012, by and between the City of San Juan Capistrano (hereinafter referred tb as the "City") and Pascal and Ludwig (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to rehabilitate the greensand filters; 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 the City's Invitation for Bids, dated February 14, 2012, incorporated herein by reference. Consultant 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. Section 2. Tenn. This Agreement shall be valid for a term of six months and shall terminate on July 31, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $97,400, payable at the rates as set forth in Exhibit "A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assionment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the 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 the 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. Page 2of7 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 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 Page 3 of 7 Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by 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 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Page 4 of 7 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 insured 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 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Page 5 of 7 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: Keith Van Der Maaten, Utilities Director To Consultant: Pascal and Ludwig 2049 East Francis St. Ontario, CA 91761 Attn: Scott Floyd 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 Anreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Prevailina Wanes The CITY has been advised that the Prevailing Wages Law applies to the work. CONSULTANT shall be responsible for CONSULTANT's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONSULTANT. [SIGNATURE PAGE FOLLOWS} Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. i11111..�_'' I ffln a - :.47 CITY OF S N JUAN CAPISTR MO B: :La rame ayor CONSULTANT By: Page 7 of 7 BID SCHEDULE To the City Council of the City of San Juan Capistrano: The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying proposal requirements; and hereby proposes to furnish all labor and materials and do all the work required (except those Items specifically indicated as being furnished by the City) and to complete all work within 90 calendar days after written Notice of Proceed: in accordance with the Specifications and Special Provisions, for the unit price or lump sum as set forth In the following Bid Schedule. Item Estimated Unit No. Description Quantity Unit Price Amount 1 Mobilization, Demobilization, Site 1 Lump Health and Safety Plan, and Project Sum 5-000 S, 0o0 Oversight 2 Removing existing filter media. 2 Per header/lateral air scour grids, and Cell damaged under drain nozzles !0, DDO Z,O� 000. OC) (approximately 40 per cell) from Inside of filter call; and legally dispose of all removed items $ $ 3 Provide surface preparation and 2 Per installation of protective coating on cell Zs- go a 5-11 (00' 0 0 inside of filter cell $ $ 4 Install City provided header/lateral air 2 Per scour grids, ABS under drain nozzles Cell 5� 000 / G, DOOM (approximately 40 per cell), and filter ` 1 on media Inside filter cell $ $ 5 Disinfection of the filter cell and 2 Per obtaining the approval from CDPH Cell 6 Recharging the media 2 Per Cell %?G 0 11600, o 0 $ $ Bid Schedule continued on next page. Bid Schedule - I EXHIBIT A BID SCHEDULE (CONTINUED) Note: Notice to proceed will not be given until all materials to be provided by the City (i.e. greensand filter media, header/lateral air scour PVC pipes and fittings, and ABS under drain nozzles) have been received by the City. The Contractor shall provide all other materials necessary for completion of the work that are not specifically listed herein as being provided by the City. TOTAL BID (ITEMS 1 — 6): For the sum of $ 911, 4/DD - o n (numbers). Bid Schedule - 2 SUPP TO: Karen P. Brust, City NXhagWI \,4i , FROM: Keith Van Der Maaten, Utilities Director 4117!2012 D5 SUBJECT: Consideration of Personal Services Agreement for the Rehabilitation of Two Greensand Filter Vessels at the Groundwater Recovery Plant (Pascal and Ludwig) (City Council Priority No. 2) RECOMMENDATION: By motion, approve the Personal Services Agreement with Pascal and Ludwig for the rehabilitation of two greensand filter vessels at the Groundwater Recovery Plant for a total cost not to exceed $97,400. SITUATION: At the time of the agenda report posting, staff had not had the chance to bring the item to the Utilities Commission for their review and comments. The Utilities Commission at the April 17, 2012, regular meeting voted unanimously to recommend approval of the proposed agreement. RECOMMENDATION: By motion, approve the Personal Services Agreement with Pascal and Ludwig for the rehabilitation of two greensand filter vessels at the Groundwater Recovery Plant for a total cost not to exceed $97,400. Respectfully submitted, Keith Van Der Maaten, Utilities Director 411762012 AGENDA DEPORT D5 TO: Karen P. Brust, Cityna ' FROM: Keith Van Der Maaten, Utilities Director SUBJECT: Consideration of Personal Services Agreement for the Rehabilitation of Two Greensand Filter Vessels at the Groundwater Recovery Plant (Pascal and Ludwig) (City Council Priority No. 2) RECOMMENDATION: By motion, approve the Personal Services Agreement with Pascal and Ludwig for the rehabilitation of two greensand filter vessels at the Groundwater Recovery Plant for a total cost not to exceed $97,400. SITUATION: In order for the Groundwater Recovery Plant (GWRP) to reach its designed production capacity of 5.14 million gallons per day (MGD), two greensand filter vessels need to be rehabilitated. This rehabilitation includes the replacement of the greensand media and component parts needed for water treatment. Currently, the existing greensand filters are limited. to 3.8 MGD production. Pursuant to Administrative Policy 507 (See Attachment 1) and Public Contract Code Section 22002 (See Attachment 2) staff reviewed the proposed work and determined that the work was maintenance and therefore not subject to the Public Contract Code. This determination was made based upon the nature of the work being routine maintenance as the proposed work is to replace the existing green sand media and component parts. Pursuant to City Council Policy 112 (See Attachment 3), staff solicited bids from nine qualified contractors on March 26, 2012, with responses due by the close of business on April 4, 2012 (a period of seven business days). Due to the lack of responses received, the original due date was extended to April 11, 2012 (a period of fourteen business days). Staff reviewed the submitted bids and determined Pascal and Ludwig to be the lowest qualified bidder (See Attachment 4). Staff recommends that the City Council approve the proposed Personal Services Agreement with Pascal and Ludwig (See Attachment 5). Staff estimates the subject work should be completed within three weeks. Agenda Report Page 2 Aril 17 2012 Bid Responses for Greensand Filter Rehabilitation: Background: On November 15, 2011, the City Council appropriated $250,000 to account 62-94755- 64203-00000-000 for the purposes of the rehabilitation of the two greensand vessels and approved the issuance of a request for proposals. On January 26, 2012, the City entered into a.Personal Services Agreement with AKM Engineers to prepare the bidding documents and provide construction management services. On February 21, 2012, the City Council took action to waive the formal bidding requirements for the procurement of the proprietary greensand filter media and component parts and to purchase these items for a total of $106,340. The City received the greensand filter media and component parts on March 22, 2012. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The subject item will be reviewed by the Utilities Commission on April 17, 2012. Staff will provide a supplemental report at the City Council meeting regarding the action taken. NOTIFICATION: • Pascal and Ludwig • CPC (Charles P. Crowley) Systems, Inc. FINANCIAL CONSIDERATIONS: The City Council as part of their action on November 15, 2011, appropriated $250,000 to account 62-94755-64203-00000-000 for the purposes of the rehabilitation of the greensand filters. The total cost of the proprietary greensand filter media and component parts was $106,340. The proposed Personal Services Agreement for the Name of Firm: Bid Amount: 1. Jamison Construction Declined to Bid, Email received. 2. D.M. Kisling Construction Declined to Bid, Email received. 3. CPC Charles P. Crowle Systems, Inc. $ 118,550 4. Pascal and Ludwig $ 97,400 5. Coombs Hopkins No response 6. Activated Carbon No response 7. Filanc Construction No response 8. George L. Throop, Co. No response 9. San Clemente Plumbing No response Background: On November 15, 2011, the City Council appropriated $250,000 to account 62-94755- 64203-00000-000 for the purposes of the rehabilitation of the two greensand vessels and approved the issuance of a request for proposals. On January 26, 2012, the City entered into a.Personal Services Agreement with AKM Engineers to prepare the bidding documents and provide construction management services. On February 21, 2012, the City Council took action to waive the formal bidding requirements for the procurement of the proprietary greensand filter media and component parts and to purchase these items for a total of $106,340. The City received the greensand filter media and component parts on March 22, 2012. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The subject item will be reviewed by the Utilities Commission on April 17, 2012. Staff will provide a supplemental report at the City Council meeting regarding the action taken. NOTIFICATION: • Pascal and Ludwig • CPC (Charles P. Crowley) Systems, Inc. FINANCIAL CONSIDERATIONS: The City Council as part of their action on November 15, 2011, appropriated $250,000 to account 62-94755-64203-00000-000 for the purposes of the rehabilitation of the greensand filters. The total cost of the proprietary greensand filter media and component parts was $106,340. The proposed Personal Services Agreement for the Agenda Report Page Aril 172012 rehabilitation of the greensand filter vessels is $97,400. The total cost of the proposed rehabilitation inclusive of labor and material is $203,740. Therefore no additional appropriations of funds are necessary at this time. RECOMMENDATION: By motion, approve the Personal Services Agreement with Pascal and Ludwig for the rehabilitation of two greensand filter vessels at the Groundwater Recovery Plant for a total cost not to exceed $97,400. Respectfully sub fitted, Pre ared by, Keith Van Der Maaten, �Justi Kirk, Utilities Director Senio Managem pt na yst Attachment:'..... 1. Administrative Policy 507 2. Public Contract Code Section 22002 3. City Council Policy 112 4. Bid from Contractor Pascal and Ludwig 5. Personal Services Agreement ADMINISTRATIVE POLICY DATE ADOPTED 6/1/86 POLICY NO. 507 REVISED 11/27/07 PAGE 1 OF 5 CITY MANAGER SUBJECT: PURCHASING GUIDELINES PURPOSE: To establish and clarify an orderly method for the procurement of supplies, equipment and other commodities. The City has established procurement procedures (Municipal Code Section 3-4.201 et seq.) supplies and equipment, and City Council policy 112 for the procurement of personal services. The purpose of this policy is to clarify the specific actions necessary for procurement. I. PROCUREMENT RESPONSIBILITY A. The Administrative Services Department will be responsible for procurement of services, supplies and equipment related to organization -wide use of central services. This will include City letterhead, xerographic supplies, postage supplies, telephone equipment, computer equipment, office equipment maintenance contracts, central office supplies, and vending/coffee supplies. B. Public Works, Maintenance Division, will be responsible for procurement of custodial supplies, uniforms, building maintenance supplies, maintenance contracts and repair materials. C. Individual departments will be responsible for procurement of all services, supplies and equipment budgeted annually in their operating budget with the exception of the above mentioned items. I1. PROCUREMENT METHODS The services, supplies and equipment procured by the City are broken down into four (4) basic categories: Public Works and Water Works Projects Personal Services Supplies and Equipment (Over $10,000) Supplies and Equipment (Under $10,000) ATTACHMENT 1 ADMINISTRATIVE POLICY SUBJECT: PURCHASING GUIDELINES A. Public Works and Water Works Projects POLICY NO. 507 PAGE 2 OF 5 Public works projects are described as projects involving the construction, alteration, demolition, painting or repair of public buildings and works; also street or sewer work except maintenance or repair (see attached Public Works Code Section 20161). All purchases for Public Works projects shall be in conformity with the provisions of Public Works Code Section 20160 et seq., and Section 4525 and 4526 of the Government code of the State. All contracts for the construction or extension of any waterworks, water system or water distribution system shall be in conformity with the provisions of Public Contract Code Section 21051 and 20600 et seq. B. Personal Services These services are governed by City Council Policy No. 112 and include most services contracted for by the City. Contracts for personal services should not be broken up into increments of $15,000 or less to avoid the bidding process. Whenever possible, at least one bid is to be obtained from a vendor located within the City. C. Supplies and Equipment (Over $10,000) Supplies and equipment costing more than $10,000 must be obtained through formal bidding procedures unless the City Manager determines, and the City Council concurs, that an exception applies. Departments wishing to be exempted from the formal procedures must submit a written justification to the City Manager. The Department requiring a commodity shall prepare written specifications and follow the procedure outlined in Section 3-4.305 of the Municipal Code. Once the City Council has approved a contract, the department requesting the contract shall forward a purchase requisition together with a copy of the agenda item and contract to the Administrative Services Department for purchase order issuance, before the order of any supplies or equipment may take place. After City Council approval, the City Clerk will notify all bidders of the disposition of the bid award. It is the intent of the City Council to encourage uniform bidding, to endeavor to obtain full and open competition, and to encourage purchasing from City vendors when they are qualified providers. To these ends, the following guidelines are established. ADMINISTRATIVE POLICY POLICY NO. 507 PAGE 3 OF 5 SUBJECT: PURCHASING GUIDELINES 1, Contracts for supplies and equipment should not be broken up into increments of $10,000 or less to avoid the bidding process; 2. Whenever possible, at least one bid is to be obtained from a vendor located within the City. 3. A five (5%) or greater price preference shall be given to recycled products, reusable products offered as alternatives to disposable products, and products designed to be recycled where they are offered as alternatives to non - recyclable products. Purchase of products which cannot be recycled or reused is strongly discouraged. (see Municipal Code Section 3-4.403. Recycled Products). 4. Contracts which are processed annually for supplies and equipment (i.e. water meters, office supplies), should be bid once a year. D. Su lies and E ui ment Under $10 000 Supplies and equipment and services costing $10,000 or less should be purchased according to the following general guidelines: 1. Whenever possible, at least two (2) written quotes should be obtained for equipment and supplies costing over $500. When it is not possible or feasible to obtain written quotes, telephone quotes may suffice. All pertinent vendor and price details are to be recorded on the purchase requisition and copies of written documentation attached. 111. ORDERING/PAYMENT Once a decision has been made to purchase a commodity and appropriate bidding requirements have been met, there are seven methods to place the order and obtain payment for the purchase. The guidelines for each of these methods are outlined as follows: A. Check Requests Check requests are generally issued for purchases of $5000 or less, or where a purchase order would not be expedient. The Administrative Services Department may "pre-cut" checks under circumstances where time is of the essence or for emergency purchases. As a general rule, departments are to plan their activities to preclude the necessity to request a "pre-cut" check. ADMINISTRATIVE POLICY POLICY NO. 507 PAGE 4 OF 5 SUBJECT: PURCHASING GUIDELINES B. Purchase Orders A purchase order should be obtained and funds encumbered for all purchases and contracts for services exceeding $5000. To request that a purchase order be issued by the Administrative Services Department, a department should submit a standard Purchase Requisition completed in its entirety including account number, snipping charges, sales tax and other complete information Purchase requisition forms should reflect the names of competitive bidders and the amounts of such bids. Whenever written bids have been obtained, copies of the vendor's written bid is to be attached to the Purchase Requisition as evidence of compliance with City purchasing guidelines. A purchase order is to be obtained before purchasing the commodity or service. Purchase orders cannot be issued for commodities when sufficient funds are not available. C. Petty Cash In some instances, the cost of items is under $25 and does not justify the cost of writing a check. In these instances, a department may make a purchase and be reimbursed by petty cash. Petty cash reimbursement forms are obtained through the Department of Administrative Services. D. Open Purchase Orders The City maintains open purchase orders which allow designated personnel to charge items with vendors. Open purchase orders are issued when merchandise is purchased on an on-going basis from a vendor. Funds are encumbered and upon approval of invoices, payments are made. Open accounts are established by the Administrative Services Department at the request of the departments. Beginning each fiscal year, an annual purchase order is created and a list of authorized signatures is, sent to the City Manager and the Administrative Services Department for approval. Only personnel specifically identified on the purchase order are authorized to procure items. A signed receipt must be turned into the Administrative Services Department after each purchase. Open purchase orders are not to exceed $10,000 in a fiscal year without justification to waive bidding procedures. ADMINISTRATIVE POLICY POLICY NO. 507 PAGE 5 OF 5 SUBJECT: PURCHASING GUIDELINES E. Transportation and Travel Expenses Any employee who is required to travel in the performance of duties can be reimbursed or advanced for expenses. In accordance with Administrative Policy #506, the proper forms must be completed. F. Requisition of Office Supplies Central Office Supplies may be obtained using the procedure outlined in Administrative Policy 4502. G. Tuition Reimbursement Employees may be reimbursed for approved educational expenses in accordance with Administrative Policy #214. IV. SURPLUS SUPPLIES AND EQUIPMENT All departments shall submit to the Purchasing Officer, on a semi-annual basis, a report describing all supplies, equipment, materials, fixtures, and other personal property of the City which is deemed to be surplus, or which has become obsolete or unserviceable. This report should include an estimated salvage value, if any, and a recommended method. of disposal. The purchasing officer will provide approval on the method of disposal. V. PROCESS MONITORING The Administrative Services Department shall. be responsible for monitoring this process and reporting any problems or deviations to the City Manager. ### 3111112 CA Codes (pcc:22000-22003) 22000. This chapter shall be known and may be cited as the "Uniform Public Construction Cost Accounting Act." 22001. The Legislature finds and declares that there is a statewide need to promote uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state. This chapter provides for the development of cost accounting standards and an alternative method for the bidding of public works projects by public entities. 22001.5. On or before January 1, 2009, the Controller shall send a notice to all public agencies describing the provisions of this chapter and the benefits of using its provisions. This notice shall also be included in any notification issued by the Controller pursuant to Section 22020. 22002. (a) "Public agency," for purposes of this chapter, means a city, county, city and county, including chartered cities and chartered counties, any special district, and any other agency of the state for the local performance of govemmental or proprietary functions within limited boundaries. "Public agency" also includes a nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (b) "Representatives of the construction industry" for purposes of this chapter, means a general contractor, subcontractor, or labor representative with experience in the field of public works construction. (c) "Public project" means any of the following: (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (2) Painting or repainting of any publicly owned, leased, or operated facility. (3) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. (d) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes all of the following: (1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. vvww.leginfo, ca.govlcg i-binldisplaycode?section= pcc&g rou p=21001-22000&fi Ie=22000-22003 ATTACHMENT 2 3111/12 CA Codes (pcc:22000-22003) (2) Minor repainting, (3) Resurfacing of streets and highways at fess than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (a) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. (e) For purposes of this chapter, "facility" means any plant, building, structure, ground facility; utility system, subject to the limitation found in paragraph (3) of subdi\Asion (c), real property, streets and highways, or other public work improvement. 22003. A public agency which has, by resolution, elected to become subject to the uniform construction cost accounting procedures set forth in Article 2 (commencing with Section 22010), may utilize the bidding procedures set forth in Article 3 (commencing with Section 22030) when contracting for "maintenance work," as defined in Section 22002, or when contracting for any other work which does not fall within the definition of "public project," as defined in Section 22002. vww. leg info. ca.govlcgi-binldisplaycode?section=pcc&group=21001-22000&file=22000-22003 212 CITY OF SAN JUAN CAPISTRANO Subject: PERSONAL SERVICES SELECTION GUIDELINES COUNCIL POLICY Effective Policy Page Date Number 1 of 7 917104 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. 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/ArborlculturaIist 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 3 CITY OF SAN JUAN CAPISTRANO Subject. PERSONAL SERVICES SELECTION GUIDELINES III. Selection Process COUNCIL POLICY Effective Policy Page Date Number 2 of 7 917104 112 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 perform 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 CAPISTRANO COUNCIL POLICY Subject: Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 3 of 7 917104 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 an 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. Subject: CITY OF SAN JUAN CAPISTRANO COUNCIL POLICY Effective Policy Page Date Number PERSONAL SERVICES SELECTION GUIDELINES 4 of 7 917104 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 (Expedited) 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 Date 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 Ill 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 funds 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 Ill. 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 consultant(s)/consulting firm(s). V. Qualified Personal Service Provider Listings 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 Subject: PERSONAL SERVICES SELECTION GUIDELINES VI. Fees and Contracts COUNCIL POLICY Effective Policy Page Date Number 6 of 7 9/7/04 112 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 Subject: PERSONAL SERVICES SELECTION GUIDELINES VII MR Contract Approval COUNCIL POLICY Effective Policy Page Date Number 7 of 7 9/7/04 112 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. 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. E BID TO: CITY OF SAN JUAN CAPISTRANO This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR The undersigned Bidder proposes and agrees, If this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perforin the Work as specified or indicated in said Contract Documents entitled: GROUND WATER RECOVERY PLANT —GREENSAND FILTERS REPAIR PROJECT Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the notice inviting Bids and the instructions to Bidders dealing with the disposition of the Bid Security, This Bid will remain open for the period stated in the notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and In the mariner required In the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as Its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be Insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Birt Forms, said Bidder furtheragrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept In full payment therefor the Contract Price based on the Lump Sure or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By- (Signature) Title; %' ' Jz C BID (PROPOSAL) BIC} FORMS - 'AGE i Attachment 4 NON -COLLUSION AND if WITH D State of California as, County of_ M/l I, ()(, i,/14 ` � �'` , bei first duly sworn, deposes and says tha a 'r she is - L of ,the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, a undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or share Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not In any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, acrd will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. By Title Organization Address NOR! -COLLUSION AFFIDAVIT BID FORMS - PAGE 6 To the City Council of the City of San Juan Capistrano: The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying proposal requirements; and hereby proposes to furnish all labor and materials and do all the work required (except those items specifically indicated as being furnished by the City) and to complete all work within 90 calendar davs after written Notice of Proceed, in accordance with the Specifications and Special Provisions, for the unit price or Damp seam as set forth in the following Bid Schedule. Bid Schedule - I Item Estimated Unit No. Description Quantity Unit Price Amount t Mobilization, Demobilization, Site 9 Lump Health and Safety Plan, and Project Sum; W: Oversight 2 Removing existing filter media, 2 Per header/lateral air scour grids, and Cell damaged under drain nozzles (approximately 40 per cell) from inside of filter cell; and legally dispose of all removed items Provide surface preparation and 2 Per installation of protective coating on Cell ? 9}C ���� inside of filter cell Install City provided header/lateral air 2 Per scour grids, ABS under drain nozzles Ceif (approximately 40 per cell), and filler t� t r C?c''' media inside filter cell $ $ 5 Disinfection of the filter cell and 2 Per obtaining the approval from CDPH Cell coo $ $ 6 Recharging the media 2 per Celle, L$ r; = $ Bid Schedule - I ID SCHEDULE (CONTINUED) Dote: Notice to proceed will not be given until all materials to be provided by the City (i.e. greensand filter media, header/lateral air scour IVC pipes and fittings, and ABS under drain nozzles) have been received by the City. The Contractor shall provide all other materials necessary for completion of the work that are not specifically listed herein as being provided by the City. For the sure of $ �; i e c� (numbers). Bid Schedule - 2 As required under Section 4100, etseq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid price, and shall also fist the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as nor -responsive and may cause its rejection. Contractor's License Work to be Performed Number Subcontractor`s Name & Address 6 7 LIST OF SUBCONTRACTORS BILI FORMS - PAGE 4 nus BID TO: CITY OF SAN JUAN CAPISTRANO This is EXHIBIT A, consisting of one page, referred to in made and a part of the AGREEMENT between the OWNER and the CONTRACTOR The undersigned Bidder proposes and agrees, it this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: GROUND WATER RECOVERY PLANT — GREENSAND FILTERS REPAIR PROJECT Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Did Security, This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter Into an Agreement within the time and in the manner required In the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all (permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Da#e Number Date Number Date Bidder has familiarized itself with the nature and extant of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of Cafifomla Labor Code Section 1860, et seq., the undersigned confirms the following as Its certification: I am aware of the provisions of Section 3700 of the Gabor Code, which require every employer to be Insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder furtheragreestocomplete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept In full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By. (Signature) Title: . BID (PROPOSAL) 810 FORMS - PAGES 1 NON-COLLUSION .Jif•i.' AFFIDAVIT EXECUTED BIDDERAND ' WITH /, State of California ? County of; 1,� C°� beirt first duly sworn, deposes and says tha� she is r y P ajr the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, arg undisclosed person, partnership, company, association, organization, or corporation; that the Bid Is genuine and not collusive or sham, that the Bidder has not directly or indirectly induced or solicited any borer Bidder to put in a false or shard Biu, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manger, directly or indirectly, sought by agreement, cora munication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Enid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder M Title Organization Addressr r„ Gr4-iii_. NON -COLLUSION AFFIDAVIT BICC FORMS - PACE 5 D To the City Council of the City of Sart Juan Capistrano: The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the plans and specifications and read the accompanying proposal requirements; and hereby proposes to furnish all labor and materials and do all the work required (except those items specifically indicated as being furnished by the City) and to complete all work within 90 calendar dmis after written Notice of Proceed- in accordance with the Specifications and Special Provisions, for the unit price or lump sum as set forth in the following Bid Schedule. Item Estimated Unit No. Description —Quantity Unit Price Amount t Mobilization, Demobilization, Site 1 Lump Health and Safety Plan, and Project Sum Oversight 2 Removing existing filter media, 2 per header/lateral air scour grids, and Cell damaged under drain nozzles (approxirnatel 4(i y per cell) from, inside of #liter cell; and legally dispose of all removed items 3 Provide surface preparation and 2 Per installation of protective coating on Cell fa inside of filter cell 4 Install Clty provided header/lateral air 2 Per scour grids, ABS under drain nozzles Cell (approximately 40 per cell), and filter c ' (L"f 06"e" ec') media inside filter cell Disinfection of the finer cell and 2 Per ' obtaining the approval from CDPH Cell 3,2 el C $ 6 Recharging the media 2 Per Cell s 6 Bid Schedule continued on next page. Sid Schedule - I Note. Notice to proceed will not be given until all materials to be provided by the City (Le. greensand filter media, header/lateral air scour IVC pipes and fittings, and ABS under drain nozzles) have been received by the City. The Contractor shall provide all ether materials necessary for completion of the work that are not specifically listed herein as being provided by the City. For the sum of $ . G 0 (numbers). Bid Schedule - 2 �! r .., �' • ! i.., As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one -bat€ of one percent of the Contractor's Total Bid Price, and shail also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's License Work to be Performed plumber Subcontractor's Name & Address LIST OF SUBCONTRACTORS BID FORMS - RACE 4 That PASCAL & LUDW G CONSTRUCTORS as Principal, and —LAFECO INSURANCE CONFANY OF AMERICA as Surety, are held and firmly bound unto The City of San Juan Capistrano, hereinafter called the 'Owner" in the sum of TEN (10%) PERCENT OF THE TOTAL AMOUNT BID IN DOLLARS ----------------------- dollars (spot tens than 10 perment of the total amount of the bkQ for the payment of which sura, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principai has submitted a Sid to said Owner to perform the Werk required under the Bid Schedule(s) of the Owner's Contract Documents entitled: Groundwater Recovery Plant- Greensand Filters Repair Project NOW THEREFORE, if said Principal Is awarded a Contract by said fawner, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written ,Agreement on this Form of Agreement bound with said Contract Documents. furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligitton shall be null and void, otherwise it shall remain in full force and effect. In the event snit Is brought capon this Bond by said Owner, and Owner prevails, said Surety shall pay all costs Incurred by said Owner In such suit, Including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 3rd day of APRIL (SEAL AND NOTARIAL --(SEAL) (SEAT",) ACKNOWLEDGMENT OF SURETY) —A-SEAL) (SEAL) s +wsa BID BOND (BID SECURITY FORM) xszu-esr *pa BID FORMS - PAGE 6 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On April 3, 2012 before me, Maria Luisa R. Aguinaldo, Notary Public (Here insert name and title of the officer) personally appeared Jenny T. Nguyen , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is/ e subscribed to the within instrument and It /she/ ackDowled_9 the that ey executed the same in his er/ . eir authorized capacity(ics), that by hi /hero instrument and eir signature s on the the person(s), or the entity upon behalf of which the person(s) acte , xecuted the instrument. I certify under PENALTY OF PERJURY Ander the laws of the State of California that the foregoing paragraph is true and correct. ARIA tUMA R. AGUINALD i cotNSffiIOn 1926014Notary WITNESS my hand and official seal, Public - G aEa Ota qty - (Notary Se icU 01 0r ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM OF Any acknowledgment completed in California Hurst contain verbiage exactly as appears above in the notary section or a separate acknowledgment form mtut be Bid Bond - rascal & Ludwig Constructors properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative �"' o "`-"-- "' ('Title or description of attached document} m acknowledgment verbiage as may be primed on such a document so lou as the verbiage does not require the notary to do something that is illegal for a notary in California (r e. certifying the authori_ed capacity of the signer). please check the document carefully for proper notarial wording and attach this form if required, ---- (Title or description of atYaehed document continued) Number of Pages 1 Document Date 413112 • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. 'rhe (Additional • notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER notarization. ❑• Individual (s) indicate the correct singular or plural forms by crossing off incorrect forms (i,e. he lsheAh Went) or circling the correct forms. Failure to correctly indicate Corporate Officer this information may lead to rejection of document recording. The notary seal impression must be clear and photographically reproducible. linpression must not cover text or lines. If seal impression smudges, re-seal if a (Title) Sufficient area permits, otherwise complete a different acknowledgment form. Partner(s) • Signature of the notary public must thatch the signature on file with the office of ® Attorney-in-Pact the county clerk. :° Additional infonnatiort is not required but could help to ensure this ❑ Trustee{S� ❑ Otller acknowledgment is not misused or attached to a different document. •'• Indicate title or type of attached document, number ofpages and date. •: Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i,e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12,10.07 800-873-9855 www.NotaryClasses.com S-4067/GE 9109 XDP THIS POWER O 4725713 This. Power of Attorney limits the acts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated, SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARIE J. HUTCHENS, SHIRLEY A. CARPI, STEVEN C, WHITE, MARC[ HAYES, GARY DITFURTH, JESSICA GARCIA, MARIA LUISA R. AGUINALDO, BRETT M AS US, MARC M, HENRY, VICTOR A, BALLESTEROS, COURTNEY BRAZIL, JENNY T. NGUYEN, JORGE CORNEA, MICHAEL STEIN, MICHAEL J. FORMAN, SARA J. POPLAWSKI, ELENA CHAVEZ, JIM HUME, ALL OF THE CITY OF ORANGE, STATE OF CALIFORNIA.........................................................................................:...................................................:................ , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding k*A****:hY**d+e*ka{{{k*tk*#nF*k**k**k****+Pz*i:tt DOLLARS ($ ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12, Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations � as the Chairman or the President may prescribe, shall y p appoint such attorneys -In -fact, as may be necessaryto actin behalf of the Corporation to make, 0) execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in- 0 fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and W executed, such instruments shah be as binding as if signed by the president and attested by the secretary, els se to C ®0 LU LE E 0� CD O as d0q :E til 00 Ecm 0V.- 0 0 � r - By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article Ill, Section 12 of the By-laws, David M, Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 22nd dayof July 2011 SAFECO INSURANCE COMPANY OF AMERICA By David M. Carey, A Ntant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 22nd day of July , 2011 , before me, a Notary Public, personally came Dvid M. C aarey, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOfi�lgave`hsubscribed my Hams and affixed my notarial seal at Plymouth Meetin ,Pennsylvania, on the day and year first above written, �-��``� ��- By _ Tere6a Pastelia, Notary I'ub?ic CERTIFICATE 1, the undersigned, Vice lir ,, . * q .6 Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy; Is ita„f'�arce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 28th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding Ripon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name krtd affixed the corporate seal of the said company, this _ r ___day of 2012 h � f Gregory W, Davenport, Vice President The Bidder shall furnish the tollowing information.. Failure to complete all items will cause the Bid to be non-responsive and may cause its rejection. 1 BIDDER/CONTRACTOR'S game and Street Address: 2. CONTRACTOR'S Telephone Number: �� ) _ � �� yFacsimile Number: ) �� E-mail address �ua'4� - ' Itel-h't 3. 4. CONTRACTOR'S License: Primary Classification State License Number(S) Supplemental License Classifications`; Surety Company and Mn�who will provide the required Bonds Name of Surety Address Contract: Surety Company Agent, Telephone Numbers: Agent { ) d '` Surety ,�1 s 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 04�--t 7 List the names and addresses of the principal members of the firm or names and titles of the principal o ' eKs of the .orpor tion,or firn FORM U-420 BIDDER'S GENERAL INFORMATION x13U,420in1o,wpd BIC? FORMS - PAGE 7 BIDDER'S GENERAL INFORMATION (Continued) a. Number of years experience as a contractor in this specific type of construction work: _) "N 9. List at least three related projects of comparable sl and complexity completed to date: 1. Owner,. Contact Class of work Phone (-_—) _. _._ Contract amount Project {�} Date completed 2. Owner Address Contact Class of work Phone ( ) Contract amount Project (�) Date completed ___ 3. Owner Address Contact _ Class of work Phone () Contract amount Project (__J Date completed 14. List th® name and title of #fie person he will supervise full-time the proposed work for your firm; 11. Is full-time supervisor an employee __)4_ contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition maybe required by the Engineer. FORM U-420 BIDDER'S GENERAL INFORMATION xTW-420Wo,wpd BID FORMS - PAVE 8 PASCAL & LUDWIG CONSTRUCTORS SCHEDULE OF EXPERIENCE 3090 MIRAMAR W'TP POND #3 SLIDE GATE INSTALLATION & DIFFUSER WALL OWNER: Thi°ec Valleys Municipal Water District LOCATION: Claremont, CA CONTRACT AMOUNT: $28,032 COMPLETED: F'ebriaary, 2007 ENG?NE�,'xR- Three Valleys Municipal �R�aer District / Mike Sovich / 909-021-5568 3091 STORMWATER & RESIDUALS MANAGEMENT PROJECT OWNER: Three Va,l:leys 1Vlux?icipa Water Distriot L ,OCAT,[ON.- Claremont, CA CONTRACT AMO LINT: $3,'i11,610 COMPLETED: January, 2009 ENGINEER: Three VaI?eys Mur.icipa' Water Di:stricC/Mike Sovich / a09 02 i-5566 3092 TIPPECANOE FINAL EXPANSION 0�NNER: Lockheed Martin. LOCATION: San Bernardino, Cl CONTRACT AIVIOUN': $685,900 COMPLETE!';: Jung, 2008 ENGINEER: Tett�a Tech / Steve Tedesco /9409-727-T099 3093 CHLORINE CONVERSION OF THE CIM WATER TREATMENT PLANT OWNER: SunCai Compandes LOCATION: Chino, CA CONTRACT AMOUNT: 8295,1.32 COMPLETED: August, 2009 UNGINEI,R: R:t3r Corxsa.l.ting Ergireers / Jercrre Rud ixis / 949-855 -3834 3094 JOHN W. NORTH 10mgd WATER TREATMENT PLANT OWNER. City of Riverside LOCATION: Grand Terrace, CA CCNTRACi'AiUiOUNT: $15,145.059 CO"[i4 LRTED: November, 2008 Ej`,,T G1NLlER: 'l'etra Tech / Steve `Pedeseo / 949-809-5000 3095 PHILADELPHIA PUMP STATION OWNER: Iniat.�d Empire Ut Iitic-a Agency / 96)9-993 1 r 3 LOCATION: Ontario, CA CONTRACT AMOUNT: $1,15874001 COMPLETED: .May, 2008 ENGINEER: RBF Consult, 9 Engineers / Jeroz: e Rtxddins / 949-855-3634 3096 CONJUCTIVE USE PROJECT -- WELL NO, 1 OWNER: Three Va'_=jays Municipal Water District LOCATION: Claremont, CA CONTRACT AMOUNT: $1,390,665 COMPLETED.- November. 2008 ENGINEER.- Three Valleys Municipal Water D:lstrict / Mike Sovich , 909-621-5568 3097 :HEADLANDS SEWER LIFT STATION OWNER: South Coast Water Districi, LOCATION: Dana Point, CA CONTRACTAMOUNT: $2,', 18,569 COMPLETED: Ja nuaxy, 2009 ENGINEER.- Smith CoastWauer District/ Joe Sovella/ 949-499-4555 12 PASCAL & LUDWIG CONSTRUCTORS SCHEDULE OF EXPERIENCE 3098 WHITTIER NARROWS UST DISINFECTION FACILITIES OWNER: Los Angeles °Coon y Sa_,zaa.tatiarl District LOCATION: Rosemead, CA CONT'RAC'T AMOUNT: $7,815,236 101OMP1.2TED: Under Construcudnn ENGINEER: loos Angel.e,, County janht u! zr District / Ignacio Murillo / 562-.699-7411 3099 PIPELINE MANWAY PORT INSTALLATION OWNER,: Three VaLeys Municipal Water District LOCA` TON: La Verne, Pomona, & Clarernont, CA CONTRACT A1,407N`T': COMPLETED: November, 2008 ENGINEER: T`hree Vallays Municipal Water District / fAlike Sovicli / 909-621-8568 3100 VIC'T'ORIA AVENUE PUMP STATION OVVNE'R: Crty o., Ri Jersid.e ,CCATION: Riverside, CA CONTRACT AMOUNT: $266,920 COMPLETED: Ja raa:,py, 2009 ENGINEER. City of Riverside / Todd Jorgenson / 951--351-6370 3101 COAS'T'AL TREATMENT PLANT PRIMARY T'REAMTENT PROJECT OWNE'I'u: South Coast OI'a_rlge Can ty Authority LOCAT ION: Dacia: Paint, CA CONTRAC lAMOUNT: $2,599,957 COMPLETED: May, 2010 ENCIMEER: South Coast Orange County Authority / Brian Peer/ 979-234-54.11. 3102 LOWER SALADA MUFFIN MONSTER INSTALLATION OWNER: Mculton NIgta.e; Water District VOCATION: Dana point, CA C01TRACTA OT'"NT: $416,413 COMPLETED: Januaxy, 2009 ENGINEER: Moulton Niguel Water District/ Ray McDowell / 71-4-83'1.-2500 3103 T'APIA CENTRATE TREATMENT PROJECT OWNER: Las Virge? yes Na:unc _pail Water District/ 818-251-2100 LOCAT'%ON: Calabasas, CA CONTRACT AMOUNT: $1;827,596 COMPLETED: Septon..rber, 2009 ENGINEER: Las Virgenes Mun3ClUal Water District 3104 TDP -- IRON MANGANESE PROTECT OWNER: ir,rzne, Ranch. Water District LOCATION; Irvine, CA CONIiRACTANIOUNT: $1,794,100 COMPLETED: Deeeyl ber, 2009 ENGTNEER: Tetra Teem / Steve Agor / 949-727-7099 3105 LIFT STATION NO 26 OWNTER: City oz Hunting= Beach LOCA'T'ION: Huntingtan Reach , CA CONT -RAM ' AMOUNT: $1,345,397 COMPLETED: January, 2010 ENGINEER: Dudek / Jason Lirisdau / x760-744-4578 13 PASCAL & LUDWIG CONSTRUCTORS SCHEDULE OF EXPERIENCE 3106 ISM SYSTEM MODIFICATIONS OWNER: Soutli Coast Water Distr'iCt LOCAI'10N. San Juai-,. Capistrano, CA CON, AMMJI\ ': $164,527 COMPLETED: january, 20)09 ENGINEFl F,: South Coast Water District/ woe Sovella, / 949-499-4556 3107 OCEANSIDE DESALINATION PILOT FACILITY OWNER: Ci. ty of Oceans?de LOCA "1 ION: Dana point, CA COi 'F',R.ACT AM0U]\TT: $59,600 COMPLETED: February, 2009 ENGINEER: Tetra Tech/ Brad Nguyerr / £355-673--55,05 3108 CHIQUITA WATER RECLAMATION PLANT OWNER: Santa, M' ,rgarita Water District LOCATION: San �7uan Capistrano, CA CONTRACT A \fOUN 1. $1,023,788 CON PL ETA' : October, 203 0 ENuINEL+R, Water 3 Engineering/ Tricia 13tz.tler / 949- X87-?- /OCA 3109 PIRU WASTEWATER, TREATMENT PLANT - (DESIGN/BUILD) OWNER: County of Ventura LOCATION: Piro, CA CONTRACT A.MOUN`": $12,870,000 COMPLETED: `ebruary, 2C 1 0 ENGINEER.- 'I'etr-a Tech / Steve Tedesco / 949-809-5000 3110 LOMA LINDA WELLS NO. #5 AND #6 OWNER: Looldeed Martll LOCATION: Lorna, Linda, CA OONT'RACT A.MCLTNT: $998,801 COMPLETED: September, 2010 ENGINEER., 'Petra Tech. / Steve Tedesco/94R-2533-29t58 3111. ZONE 8-2 PUMPING STATION OWNER: West Valley Water Digtrlct; LOCATION.- Fontana, CA CONTR ACT AMOUN': $901,599 COMPLETED: Aagllst, 2010 ENGINEER: Engineering ;ecotzrses / Rory Worthiii n / 909-890-', 255 3114 WELLS 9A/10, 11/13 AND WELT., #34 OWNER: Indian Wells VaLey'Nater District LOCATION: Ridgecrest,, OA COIN'l-RAC T AM01"NT: $12;0521467 COMPI. ETE.D: November, 201-1 ENGINEER: Krieger & Si,ewart / Phil:p Stro_rn / 951-884--69 00 3115 WELLS 21& 22 RO TREATMENT PLANT - (DESIGN/BUILD) O'WNE-R: Irvine Rai,.o SNater District /Tom- ?vlt3lvi h.iT1 J 760-384 5555 LOCATION: Tustin, CA CONT -AC-,AMOUN"- $14,253,587 COMPLETED: Under Const ruc;tion ENGINEER: Tetra Tech/ Steve; Tedesco / 949-809-50.00 14 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Pascal and Ludwig (hereinafter referred to as the "Consultant"). RECITALS.: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to rehabilitate the greensand filters; 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 the City's Invitation for Bids, dated February 14, 2012, incorporated herein by reference. Consultant 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. Section 2. Term. This Agreement shall be valid for a term of six months and shall terminate on July 31, 2012, Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $97,400, payable at the rates as set forth in Exhibit "A", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. ATTACHMENT 5 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency'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 the 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 the 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 small 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. Page 2of8 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 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 Page 3 of 8 Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class VII or better. 94.1 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 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Page 4 of 8 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 insured 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 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.6 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, thea the agreement may be terminated subsequent to the ten (10) day cure period. Page 5of8 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: Keith Van Der Maaten, Utilities Director To Consultant: Pascal and Ludwig 2049 East Francis St. Ontario, CA 91761 Attn: Scott Floyd 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 maybe entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute small 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. Section 20. Prevailing Wages The CITY has been advised that the Prevailing Wages Law applies to the work. CONSULTANT shall be responsible for CONSULTANT's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONSULTANT. [SIGNATURE PAGE FOLLOWS] Page 6 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. a-m-dwN Maria Morris, City Clerk I\wa001Ti: IiTTV aI lei10i V LTA Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO Larry Kramer, Mayor CONSULTANT Page 7 of 7 , M"V To the City Council of the City of San Juan Capistrano: The undersigned declares that he has carefully examined the location of the Proposed work, that he has examined the plans and specifications and read the accompanying proposal requirements; and hereby proposes to furnish all labor and materials and do all the work required (except those items specifically indicated as being furnished by the City) and to complete all work wifFin 90 calendar da s -ter written Notice of P- in accordance with the Specifications and Special Provisions, for the unit price or jump sum as set forth in the following Bid Schedule. Item Estimated Unit foo ription ouantl Unit Price Amount Mobilization, Demobilization, Site, 1 Lump Health and Safety Plan, and Project sum Oversight 2 Removing existing filter media, 2 Per headerliateral air scour grids, and Cell damaged under drain nozzles (approximately 40 per cell) from inside of filter cell; and legally dispose of all removed items 3 Provide surface Preparation and 2 Per installation of protective coating on Cell6",Y) , 0 inside of filter cell 4 Install City provided headerftteral air 2 Per scour grids, ABS under drain nozzles cell (approximately 40 per cell), and filter Coo media inside filter call 5 Disinfection of the filter cell and 2 Per obtaining the approval from CDPH Cell 0 3, 2 0 c 6 Recharging the media 2 Per Cell "n c t, 6ot)e, o I Bid Schedule continued on next page, Bid Schedule - I EXHIBIT Mote: Notice to proceed will not be given until all materials to be provided by the City (1 e. greensand filter media, header/lateral air sower PVC pipes and fittings, and ASS under drain nozzles) have been received by the City. The Contractor shall provide all other materials necessary for completion of the work that are not specifically listed herein as being provided by the City. TOTAL BID (ITEMS I -- 6): Far the sura of �� �_ x c 0 _(numbers). Bid schedule - 2 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAx wwwsan/uancapafranawg TRANSMITTAL TO: Pascal & Ludwig Constructors Inc. Attn: Alan Ludwig 2049 East Francis Street Ontario, CA 91761 DATE: April 25, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBFAS OF THE CRY COUNCIL 54MMLEVATD IAUMFREESE IARRYIUV01ER DEREK REIM JOHN TAYLOR RE: Personal Services Agreement — Rehabilitate the Greensand Filters Thank you for maintaining documentation confirming compliance with the terms of the agreements related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreements. If you have questions related to insurance requirements, please call me at (949)443-6310. If you have questions concerning the agreement, please contact West Curry, Assistant Utilities Director at (949) 487 -4307 - An original agreement is enclosed for your records. Cc: West Curry, Assistant Utilities Director Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future Ci Fxome a„oox,n.Yaee Fawn 32400 PASEO AOELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAX st-mv.sanf uancapisrrano.org TRANSMITTAL TO: Pascal & Ludwig Constructors Inc. Attn: Alan Ludwig 2049 East Francis Street Ontario, CA 91761 DATE: April 25, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CfTY COUNCIL SAM ALLEVATO LAURAFREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Rehabilitate the Greensand Filters Thank you for maintaining documentation confirming compliance with the terms of the agreements related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact West Curry, Assistant Utilities Director at (949) 487-4307. An original agreement is enclosed for your records. Cc: West Curry, Assistant Utilities Director Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 0 vnacea on I W% rogdea o=w Christy Jakl From: Christy Jakl Sent: Wednesday, April 25, 2012 4:06 PM To: Justin Kirk Subject: Executed PSAs (Municipals Underground & Pascal and Ludwig) Attachments: 12-0320 PSA - Municipal Underground - Storm Drain.pdf,12-0320 PSA - Municipal Underground - Sanitary Sewer.pdf,12-0417 PSA - Pascal & Ludwig - Greensand Filters.pdf Hi Justin, Attached are the executed PSAs with Municipal Underground and Pascal & Ludwig. Thanks! Christ -i J aki Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Christy Jakl From: Christy Jakl Sent: Monday, April 23, 2012 4:11 PM To: Justin Kirk Cc: Keith Van Der Maaten Subject: Pascal and Ludwig PSA for Greensand Filter Vessels Hi Justin, Please forward two original PSAs for Pascal and Ludwig approved at the 4/17/2012 meeting. Let me know if you have any questions. Thanks! Christi RAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax