12-1211_HUITT- ZOLLARS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made, entered into, and shall become effective this day
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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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
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APP OV S TO FORM:
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Hans Van Ligten, i Attorney
CITY OF SAN JUAN
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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.
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Ken Rukavina, P.E.
Vice President/Office Manager
CA PE No. 42866
m/pAcjr/12-0273Bwmw
12/11/2012
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City of San Juan C pistrano
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TO: Karen P. Brust, City an ,
FROM: Keith Van Der Eric
Bauman,
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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]
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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
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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
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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