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
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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