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12-1211_HUITT- ZOLLARS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT � THIS AGREEMENT is made, entered into, and shall become effective this day Qt—, � of . 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Huitt-Zollars, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to design a water service line to serve Reata Park; 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 the Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 12 months from the effective date. Section 3. Compensation. 3.1 Amount. Total compensation for all services is $24,360 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 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 shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. 2 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 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. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an 13 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 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancel lation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, Utilities Director To Consultant: Huitt-Zollars, Inc. 2603 Main Street, Suite 400 Irvine, CA 92614 Attn: Ken Rukavina, P E. Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing 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 Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: 0L V'' ri Morris, CI rk APP OV S TO FORM: APP 'IC Hans Van Ligten, i Attorney CITY OF SAN JUAN M CONSIJANT By: pp '/ /z- A^ll r Vru pig1eX -$ 7 I K,111 t -A )1_ ARS HUIIT-ZOLLARS, W . 2603 Main Street . Sulle 400 r Irvine. CA 92614-4250 r 9A9988 5815 phone . 9,199W5820 lar • huill-zollera mm November 9, 2012 Mr. Eric P. Bauman Utilities Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Proposal for Professional Engineering Services for Design of Water Service Connection to Reata Park HZ Proposal No. 10-12-0273 Dear Mr. Bauman: Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide this proposal for professional engineering services to the City of San Juan Capistrano, California (Client) to design a new domestic water service lateral to serve Reata Park (Project). The new service lateral will be located approximately 600' west of Reata Road. Our proposal is based upon the scope of services, compensation, schedule, and attachments contained herein. The Project includes design of a new 8 -inch domestic water service lateral connection to the City's existing 12 -inch domestic water main located under the pavement of Ortega Highway (SR -74). The new 8 -inch waterline would be installed within a steel sleeve and would be constructed by jacking the new pipe from the south side of Ortega Highway into a receiving pit (for the connection) excavated within the existing westbound travel lane of Ortega Highway. Consequently, Caltrans encroachment permits would be required for both pre -design potholing and ultimately, construction of the new waterline. To accommodate construction activities within the roadway, a traffic control plan may also be required. It is our understanding that the total project budget is estimated to be less than $125,000, thereby, allowing the City to award a construction contract without a formal public bidding process. SCOPE OF SERVICES: 1.0 Basic Services: 1.1 RESEARCH & BASEMAP PREPARATION 1.1.1 Huitt-Zollars will perform research at Caltrans, City of San Clemente and County of Orange to obtain available record information pertinent to the design of the Project. Mr. Eric P. Bauman HZ Proposal No. 10-12-0273 November 9, 2012 Page 2 1.1.2 Utilizing existing survey data and available record information, develop base maps. 1.2 POTHOLING — Huitt-Zollars will coordinate the potholing of existing subsurface infrastructure within Ortega Highway in order to identify potential conflicts. A maximum of 3 potholes are proposed. 1.3 DESIGN 1.3.1 Water Service Lateral — Huitt-Zollars will develop 60%, 90% and Final plans. Both waterline plan and profile will be provided. Plan set will include title, detail and plan/profile sheets. 1.3.2 Traffic Control Plan — Huitt-Zollars will develop traffic control plans in accordance with Caltrans requirements for both potholing and waterline construction. 1.4 COST ESTIMATE & TECHNICAL SPECIFICATIONS — Huitt-Zollars will: 1.4.1 Prepare an opinion of probable construction cost of the Project and a project manual with City of San Juan Capistrano technical specifications (no front end documents). 1.4.2 Furnish to the Client one (1) reproducible copy of technical specifications and cost estimate at 90% completion for Client review and comments, and one (1) reproducible copy of approved cost estimate and technical specifications with the approved plans. 1.5 ENCROACHMENT PERMITS — Huitt-Zollars will assist the Client in obtaining the required encroachment permits from Caltrans for potholing and waterline construction. This effort will entail preparing encroachment applications for City review and signature, compiling required documentation and processing the application at Caltrans District 8. Any required encroachment permit fees shall be provided by the City. COMPENSATION: 1.0 Fee Our proposed fee for the Basic Services is as follows: 1.1 RESEARCH & BASEMAP PREPARATION 1.1.1 Research and Data Collection $ 720 (Lump Sum) 1.2.1 Basemap $ 1,340 (Lump Sum) 1.2 POTHOLING 1.2.1 Perform potholing $ 8,290 (T & M) 1.3 DESIGN 1.3.1 Water Service Lateral $ 5,720 (Lump Sum) 1.3.2 Traffic Control Plan $ 3,090 (Lump Sum) Mr. Eric P. Bauman HZ Proposal No. 10-12-0273 November 9, 2012 Page 3 1.4 COST ESTIMATE & TECHNICAL SPECIFICATIONS 1.4.1 Develop Cost Estimate $ 990 (Lump Sum) 1.4.2 Prepare Specifications $ 1,470 (Lump Sum) 1.5 ENCROACHMENT PERMITS 1.5.1 Encroachment Permit Processing $ 2,240 (T & M) 2.0 Reimbursable Expenses: 2.1 Reimbursable expenses are $ 500 (T&M) estimated at $500, which includes items such as deliveries, reprographics, etc., and which will be charged at cost plus 10 percent in addition to the figure quoted above. 3.0 Total Fee: 3.1 Our total fee for this project is: SCHEDULE: $24,360 We will require 8 weeks to deliver the final plans and specifications after receiving notice to proceed, exclusive of Caltrans Encroachment Permit Process. If you have any comments or questions about any aspect of this proposal, please do not hesitate to contact Scott Reed. Sincerely, HUITT-ZOLLARS, INC. &Aj�� Ken Rukavina, P.E. Vice President/Office Manager CA PE No. 42866 m/pAcjr/12-0273Bwmw 12/11/2012 G2a N/JFUiN�P City of San Juan C pistrano Agen rt TO: Karen P. Brust, City an , FROM: Keith Van Der Eric Bauman, til Uti Director ineer bg"'�P/3 Prepared by: Eric Bauman, Utilities Engineer DATE: December 11, 2012 SUBJECT: Consideration of Approving a Personal Services Agreement to Design a New Domestic Water Service Line to Serve as the Point of Connection for Water Service for the Reata Park and Event Center (Capital Improvement Project 12201) (Huitt-Zollars, Inc.) RECOMMENDATION: By motion: 1. Waive the bidding requirements defined in City Council Policy 112; and, 2. Approve a Personal Services Agreement with Huitt-Zollars, Inc., to design a new domestic water service line to serve as the point of connection for water service for the Reata Park and Event Center in the amount of $24,360. EXECUTIVE SUMMARY: The City Council will consider at its meeting of December 11, 2012, a Memorandum of Understanding (MOU) between the City of San Juan Capistrano and the San Juan Capistrano Open Space Foundation regarding the development of the Reata Park and Event Center. One of the conditions requires that the City provide a point of connection to the property for water service. Staff recommends approving a Personal Services Agreement in the amount of $24,360 with Huitt-Zollars, Inc. to design a new domestic water service line that will serve as the point of connection for water service for the Reata Park and Event Center (Attachment 1). DISCUSSION/ANALYSIS: Pursuant to City Council Policy 112 subsection III, the bidding and selection process may be waived under certain defined circumstances. Due to the engineering firm having previously prepared the plans and specifications for civil site developments to City Council Agenda Report December 11, 2012 Paae 2 of 2 the Reata Park and Event Center property and having performed extensive civil site work on Ortega Highway, the cost of Huitt-Zollars Inc. to develop plans and specifications would be more economically feasible than competitively bidding this work. The new service line will be located approximately 600' west of Reata Road (Attachment 2). The project includes design of a new 8 -inch domestic water service lateral in a jacked steel casing connection to the City's existing 12 -inch domestic water main in Ortega Highway (SR -74). FISCAL IMPACT: The cost of the work by Huitt-Zollars, Inc. is $24,360. The cost of this improvement is included in the City costs to be considered as part of the MOU discussion. Should the City Council approve the MOU no additional appropriations would be necessary. Should the City Council not approve the MOU or continue consideration of the MOU, this item will not be needed or should be continued. This project would not have an impact on the City's Water Enterprise Funds, as the costs associated with this improvement will be funded by Measure Y Bond Proceeds, and/or Parks and Recreation Funds, at the discretion of the City Council. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: This item has not been reviewed by the Utilities Commission and will be brought as an information item to the next scheduled meeting on December 18, 2012. NOTIFICATION: Huitt-Zollars, Inc. ATTACHMENTS: Attachment 1 — Personal Services Agreement, Huitt-Zollars, Inc. Attachment 2 — Concept Water Plan 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 Huitt-Zollars, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to design a water service line to serve Reata Park; 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 the Consultant shall consist of those tasks as set forth in Exhibit' A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 12 months from the effective date. Section 3. Compensation. 3.1 Amount. Total compensation for all services is $24,360 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. Attachment i 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 shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. 2 Time is of the essence in the performance of this Agreement. Secti n 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 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 cant', 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. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an 4 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 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Keith Van Der Maaten, Utilities Director To Consultant: Huitt-Zollars, Inc. 2603 Main Street, Suite 400 Irvine, CA 92614 Attn: Ken Rukavina, P .E. Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO M CONSULTANT L0 7 Mayor HL I I TT 7 )H_ARS HU-ZOLLARS, W • 2603 Main 5Nwl • Suib 400 •Irvine, U 92614-4250 r 949 988 5815 phone • 949 988.5820 Iw • huiN-mllara wm November 9, 2012 Mr. Eric P. Bauman Utilities Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Proposal for Professional Engineering Services for Design of Water Service Connection to Reata Park HZ Proposal No. 10-12-0273 Dear Mr. Bauman: Huitt-Zollars, Inc. (Huitt-Zollars) appreciates the opportunity to provide this proposal for professional engineering services to the City of San Juan Capistrano, California (Client) to design a new domestic water service lateral to serve Reata Park (Project). The new service lateral will be located approximately 600' west of Reata Road. Our proposal is based upon the scope of services, compensation, schedule, and attachments contained herein. The Project includes design of a new 8 -inch domestic water service lateral connection to the City's existing 12 -inch domestic water main located under the pavement of Ortega Highway (SR -74). The new 8 -inch waterline would be installed within a steel sleeve and would be constructed by jacking the new pipe from the south side of Ortega Highway into a receiving pit (for the connection) excavated within the existing westbound travel lane of Ortega Highway. Consequently, Caltrans encroachment permits would be required for both pre -design potholing and ultimately, construction of the new waterline. To accommodate construction activities within the roadway, a traffic control plan may also be required. It is our understanding that the total project budget is estimated to be less than $125,000, thereby, allowing the City to award a construction contract without a formal public bidding process. SCOPE OF SERVICES: 1.0 Basic Services: 1.1 RESEARCH & BASEMAP PREPARATION 1.1.1 Huitt-Zollars will perform research at Caltrans, City of San Clemente and County of Orange to obtain available record information pertinent to the design of the Project. EXHIBIT A Mr. Eric P. Bauman HZ Proposal No. 10-12-0273 November 9, 2012 Page 2 1.1.2 Utilizing existing survey data and available record information, develop base maps. 1.2 POTHOLING — Huitt-Zollars will coordinate the potholing of existing subsurface infrastructure within Ortega Highway in order to identify potential conflicts. A maximum of 3 potholes are proposed. 1.3 DESIGN 1.3.1 Water Service Lateral — Huitt-Zollars will develop 60%, 90% and Final plans. Both waterline plan and profile will be provided. Plan set will include title, detail and plan/profile sheets. 1.3.2 Traffic Control Plan — Huitt-Zollars will develop traffic control plans in accordance with Caltrans requirements for both potholing and waterline construction. 1.4 COST ESTIMATE & TECHNICAL SPECIFICATIONS — Huitt-Zollars will: 1.4.1 Prepare an opinion of probable construction cost of the Project and a project manual with City of San Juan Capistrano technical specifications (no front end documents). 1.4.2 Furnish to the Client one (1) reproducible copy of technical specifications and cost estimate at 90% completion for Client review and comments, and one (1) reproducible copy of approved cost estimate and technical specifications with the approved plans. 1.5 ENCROACHMENT PERMITS — Huitt-Zollars will assist the Client in obtaining the required encroachment permits from Caltrans for potholing and waterline construction. This effort will entail preparing encroachment applications for City review and signature, compiling required documentation and processing the application at Caltrans District 8. Any required encroachment permit fees shall be provided by the City. COMPENSATION: 1.0 Fee Our proposed fee for the Basic Services is as follows: 1.1 RESEARCH & BASEMAP PREPARATION 1.1.1 Research and Data Collection $ 720 (Lump Sum) 1.2.1 Basemap $ 1,340 (Lump Sum) 1.2 POTHOLING 1.2.1 Perform potholing $ 8,290 IT & M) 1.3 DESIGN 1.3.1 Water Service Lateral $ 5,720 (Lump Sum) 1.3.2 Traffic Control Plan $ 3,090 (Lump Sum) Mr. Eric P. Bauman HZ Proposal No. 10-12-0273 November 9, 2012 Page 3 1.4 COST ESTIMATE & TECHNICAL SPECIFICATIONS 1.4.1 Develop Cost Estimate $ 990 (Lump Sum) 1.4.2 Prepare Specifications $ 1,470 (Lump Sum) 1.5 ENCROACHMENT PERMITS 1.5.1 Encroachment Permit Processing $ 2,240 (T & M) 2.0 Reimbursable Expenses: 2.1 Reimbursable expenses are $ 500 (T&M) estimated at $500, which includes items such as deliveries, reprographics, etc., and which will be charged at cost plus 10 percent in addition to the figure quoted above. 3.0 Total Fee: 3.1 Our total fee for this project is: SCHEDULE: $24,360 We will require 8 weeks to deliver the final plans and specifications after receiving notice to proceed, exclusive of Caltrans Encroachment Permit Process. If you have any comments or questions about any aspect of this proposal, please do not hesitate to contact Scott Reed. Sincerely, HUITT-ZOLLARS, INC. Ken Rukavina, P.E. Vice President/Office Manager CA PE No. 42866 m/p/kjr/12-0273Bwmw Attachment 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www. sanjnancaptstrano.oig MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, December 11, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of Approving a Personal Services Agreement to Design a New Domestic Water Service Line to Serve as the Point of Connection for Water Service for the Reata Park and Event Center (Capital Improvement Project 12201) (Huitt-Zollars, Inc.)" — Item No. G2a. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, December 10, 2012, to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Eric Bauman, Utilities Engineer. You may contact that staff member at (949) 487- 4312 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk(&sanivancapistrano.org. Maria Morris, CMC City Clerk cc: Huitt-Zollars, Inc. San Juan Capistrano: Preserving the Past to Enhance the Future CAPrinted on 100% recycled paper Today's Date: Z -1 I — g 1 lJ, r > c - CONTRACT TRANSMITTAL COUNCIL MEETING DATE (if applicable): Project Manager's Last Name: &J KAA.X" Phone Extension: 4 3 Z CIP No. (if any): APPROVING AUTHORITY: (Check One) Mayor ❑ CRA Chair ❑ City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded — only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: OTHER INSTRUCTIONS: Form Date: 01-2004 D-7