15-0602_DUDEK_F20_Agenda ReportCity of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
6/2/2015
F20
FROM: Keith Van Der Maaten, Public Works and Utilities Director ~
Prepared by: Mike Marquis P.E., Associate Civil Engineer W\~1
DATE: June 2, 2015
SUBJECT: Consideration of a Professional Services Agreement and a Construction
Agreement for the Annual Sewer Rehabilitation Program (CIP 15701)
(Dudek) (Nu-Line Technologies LLC)
RECOMMENDATION:
By motion:
1. Reject Bid Protest submitted by Sancon regarding Nu-Line Technologies , LLC
bid for the Annual Sewer Rehabilitation Program, CIP 15701, as advised by
legal counsel; and,
2. Approve a Professional Services Agreement with Dudek for Construction
Management and Inspection Services for the Annual Sewer Rehabilitation
Program, CIP 15701 in the amount of $21 0,000; and,
3. Approve a Construction Agreement with Nu-Line Technologies LLC for the
Annual Sewer Rehabilitation Program, CIP 15701 in the amount of
$1 ,181,467.10, and reject all other bids .
EXECUTIVE SUMMARY :
Video inspections of the sanitary sewer collection system have revealed several
locations that are in need of repair to maintain the integrity of the sewer trunk and
collection pipelines . The scope of the sewer rehabilitation program is to install structural
lining inside approximately 13,000 lineal feet of existing pipes at various locations
throughout the City as identified in Appendix F of the contract documents. Contract
documents were purchased by 10 firms, and the City received bids from 3 firms . A bid
protest letter was received by staff several days after the bid opening requesting that
the City reject the low bid as non-responsive and non-responsible. After conferring with
legal counsel, staff recommends rejection of the bid protest. Staff further recommends
the approval of a Construction Agreement with Nu-Line Technologies, LLC for the
annual sewer rehabilitation program in the amount of $1 ,181 ,467 .10 .
City Council Agenda Report
June 2, 2015
Page 2 of 5
Construction projects of this magnitude require close monitoring and inspection of the
contractor to verify that the materials, equipment and techniques utilized during
construction are in accordance with the contract documents and the manufacturer's
installation instructions. This project involves the use of specialized materials and
equipment to install a pipe within a pipe utilizing trenchless construction methods and
therefore, staff has solicited proposals for construction management and inspection
services during construction. The Request For Proposal (RFP) was sent to five (5)
consultants and the City received bids from three (3) firms. Staff recommends approval
of a Professional Services Agreement with Dudek in the amount of $210,000.
DISCUSSION/ANALYSIS:
The City is under contract with Municipal Underground Services, Inc. (MUSI) to provide
closed circuit television video (CCTV) inspection, cleaning and maintenance services of
the sanitary sewer and storm drain collection systems. The condition of each manhole
to manhole segment of the sewer collection system may be ascertained by reviewing
these CCTV video inspections and corresponding reports of structural deficiencies.
Staff has identified approximately 13,000 lineal feet of sewer pipeline, ranging in
diameter from 6 inches to 21 inches that are deficient and require rehabilitation as part
of the Annual Sewer Rehabilitation Program (CIP's 13701, 14701 and 15701). The
project also includes, but is not limited to, rehabilitation of deficient manholes by
cleaning away roots and other debris, filling holes and cracks and sealing with a spray
applied waterproof grout. Badly corroded and/or cracked manhole frames and covers
will be replaced and buried manholes will be raised to grade. Staff utilized the Coastal
Blue plan room to administer bidding, and contract documents were purchased by 10
firms. The City received bids from 3 firms as follows:
Firm Bid Amount 10% Contingency Contract Amount
Nu-Line Technologies LLC $1,074,061.00 $107,406.10 $1 ' 1 81 ,46 7. 1 0
Sa neon $1,102,374.50 $110,237.45 $1,212,611.95
In-Situ Form $1,480,118.00 $148,011.80 $1 ,628,129.80
Staff recommends award of a Construction Agreement to Nu-Line Technologies LLC for
the Annual Sewer Rehabilitation Program in the amount of $1,181 ,467 .1 0. A 1 0%
contingency has been included to account for conditions that could not have been
foreseen during design. As part of the Construction Agreement, Nu-Line Technologies
LLC will be providing the following services:
• Perform bypass pumping of existing mainline pipe flows, when needed
• Perform cleaning and closed caption television inspection of the host pipe in
preparation for the cured-in-place pipe (CIPP) installation with copies of videos
and logs to the City
• Remove protruding laterals, gaskets and other obstructions
• Perform installation of CIPP per specifications
• Perform internal reinstatement of lateral connections after CIPP installation, as
directed by the City
• Perform testing of samples of the installed CIPP for thickness and short-term
flexural properties
City Council Agenda Report
June 2, 2015
Page 3 of 5
• Perform closed caption television video inspection of CIPP after installation with
copies of videos and logs to the City
• Perform manhole rehabilitation per specifications
• Perform lateral connection rehabilitation per specifications
• Perform other work in accordance with the contract documents
The rehabilitation of structural deficient portions of the City's sanitary sewer collection
system will be accomplished using specialized trenchless technology materials,
equipment and construction techniques. Staff has therefore issued an RFP to solicit
construction management and inspection services during construction. Successful
proposals must demonstrate a management and inspection team with prior knowledge,
understanding, and experience with similar projects in accordance with the
requirements of the RFP. Staff received proposals from three (3) firms and reviewed
them for demonstrated experience in managing construction projects of this nature and
magnitude, understanding of project requirements, qualifications of the construction
manager and inspector, reference checks, and level of effort in hours required to
complete the work. Bidding results are as follows:
Firm Level of Effort (Hours) Corresponding Fee
Dudek 1,682 $210,000
Anderson Penna 1,710 $197,940
RBF 1,332 $196,860
After careful review of the proposals, staff determined that the most qualified firm to
provide construction management and inspection services for this project is Dudek. Of
all the proposals received, Dudek best demonstrated a clear understanding of the
project components. They were also the only firm who assigned a project team that
demonstrated recent experience on similar projects and hold respected industry
certifications from the National Association of Sewer Service Companies. These
certifications include Pipeline Assessment Certification Program (PACP), Manhole
Assessment Certification Program (MACP) and most importantly Cured in Place Pipe
Inspector Training Certification Program (ITCP). The ITCP is a two day seminar that
provides training of the Cured In Place Pipe material, proper installation techniques,
how to recognize defects in the installed liner and proper corrective action to ensure
structural compliance with the contract documents. For these reasons, staff
recommends approving a Professional Services Agreement with Dudek for construction
management and inspection services associated with the Annual Sewer Rehabilitation
Program in the amount of $210,000.
The Dudek construction management and inspection team will help ensure the
following:
• Work is performed in accordance with the contract documents
• Quality materials are delivered, handled and installed properly
• Material samples are prepared and tested for compliance
• Construction work is closely monitored for compliance with permitting agencies
• Change orders requests are minimized
• Community outreach is performed to keep residents informed of the work
City Council Agenda Report
June 2, 2015
Page 4 of 5
FISCAL IMPACT:
As of May 6, 2015, CIP 15701 has an available budget of $1,577,181.98 inclusive of
carryover from previous years as follows:
Fiscal Year CIP Project Number Available Funds
2012/2013 13701 $ 671,769.88
2013/2014 14701 $ 430,845.10
2014/2015 15701 $ 474,567.00
Total $1,577,181.98
The cost of the work provided by Nu-Line Technologies LLC is $1,074,061; a 10%
contingency will be included in the construction contract for unforeseen conditions for a
total of $1 , 181 ,467 .1 0. The cost for construction management and inspection services
to be provided by Dudek is $210,000, for a total cost of $1,391,467.1 0. Therefore, there
is sufficient funding for this project in CIP 15701.
The City is in the process of evaluating a reorganization of the water, sewer and storm
drain utilities which may change how these utilities are managed in the future. Since,
this sewer rehabilitation work is necessary to avoid potential sewage spills and to
ensure the sewer system continues to function properly, staff recommends proceeding
with this sewer project even as the evaluation of reorganizing the water, sewer and
storm drain utilities is underway.
ENVIRONMENTAL IMPACT:
On April 3, 2015, a Notice of Exemption for the Annual Sewer Rehabilitation Program,
CIP 15701, was filed with the County Clerk stating that the project constitutes a
Categorical Exemption per Class 1, Section 15301 (b) Existing Facilities and Class 2,
Section 15302(c) Replacement or Reconstruction in accordance with Section 15061 of
the California Environmental Quality Act (CEQA) guidelines.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• This item was originally scheduled for the regular May 19, 2015, Utilities
Commission meeting. That meeting subsequently was rescheduled as a joint
meeting of the City Council and Utilities Commission to discuss drought related
items. The Utilities Commission will review this item at the special meeting on
June 2, 2015. If the Utilities Commission has a recommendation different than
staff's recommendation, a supplemental agenda report will be provided.
City Council Agenda Report
June 2, 2015
Page 5 of 5
NOTIFICATION:
Anderson Penna
Dudek
RBF Consulting
Nu-Line Technologies, LLC
Sancon
lnsituform
ATTACHMENT(S):
Attachment 1 -Professional Services Agreement, Dudek
Attachment 2-Construction Agreement, Nu-Line Technologies, LLC
ENCLOSURE(S):
Enclosure 1 -Contract Documents for the Annual Sewer Rehabilitation Program are on
file and available for review at the City Clerk's office.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this_ day
of_, 2015, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Dudek (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding Construction
Management and Inspection Services associated with the Annual Sewer Rehabilitation
Program, CIP 15701 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 1, attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "1" 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 ten ( 1 0) months after the
notice to proceed.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $210,000 as
set forth in Exhibit 2, 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.
1
Attachment 1
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.
Standard of Care. Consultant's services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with
the level of care and skill ordinarily exercised by members of the profession currently
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practicing under similar conditions.
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, 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
reasonable attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, pertain to or relate to 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
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responsibility to protect, defend, and hold harmless the City, is due to the negligence ,
recklessness and/or wrongful conduct of the C ity , 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
additional insured endorsement naming City, its officers, employees , agents , and
volunteers as additional insured as respects each of the following: Liability arising out of
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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 (1 0) 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 (1 0) 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 (1 0) 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
Public Works & Utilities Director
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To Consultant: Dudek
1645 S. Rancho Santa Fe Road, Suite 201
San Marcos, CA 92078
Attn: George Litzinger, P.E.
Section 17. Prevailing Wages.
The City has been advised that the Prevailing Wages Law applies to the work.
CONTRACTOR shall be responsible for CONTRACTOR'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 CONTRACTOR.
Effective March 1, 2015, if the services are being performed as part of an applicable
"public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor
Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be
registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain
registration for the duration of the project and require the same of any subconsultants.
This project may also be subject to compliance monitoring and enforcement by the DIR. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements, including the submission of payroll records directly to the DIR.
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.
Section 20. Counterparts.
This agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and has the same force and effect as if they were original signatures.
[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:
Jeff Ballinger, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: ________________________ _
Derek Reeve, Mayor
DUDEK
By:~~~~~~~~~~-4~~,1~ u e
7
Frank Dudek
President
1 Scope of Services
1.1 Project Understanding
CIPP
Pre-and post-CCTV quality has been found to be the most
critical aspect of concern on previous CJPP construction
projects . Most simply, if there is not a clear picture, you
cannot identify what is wrong with the sewer line . We will
enforce that all CCTV submissions meet the quality and intent
of the specification for visual quality. It is also critical that a
final CCTV is done once all repairs-in situ repairs, lateral
connections, or CIPP repairs-are comp leted . Many CIPP
contractors will try to submit final CCTV after initial CJPP lining
and not once all work is completed with the lining and repair
process.
Managing public concerns and complaints is a critical issue to
all municipalities and Dudek is committed to mitigating all
resident concerns, questions, and comp laints prior to a
resident elevating these issues to the City Management or
C!PP liner is inserted into the existing host pipe;
water is used to inflate the liner, molding it to the
existing host pipe. Heating the water cures the
liner to the pipe.
Council level. Dudek successfully handled over 250 resident calls on our previous project for the City of Culver.
Early coordination with residents and businesses is essential. Dudek will also insure the contractor is providing
the proper notifications to the residents and businesses on a timely basis; successfully informing the public will
reduce the amount of complaints and issues. The key to a successful CIPP project is to inform residents in a
timely manner, and perform the work as rapidly as possible with a well-trained inspector on site at all times to
respond to resident complaints and concerns. Dudek maintained a response time of less than 1 hour for all ca ll s
received .
In addition to the similar public affairs concerns listed above, successfully managing traffic control and mitigating
unknown conditions will be important issues. Dudek will pre-review all traffic control plans prior to submitting
them to the City for approval and will diligently inspect all traffic contro l installations (including inspecting trench
plates) on a daily basis, when they are set up and throughout the day. We will make suggestions to the City if
modifications are needed to improve safety or minimize impacts to traffic.
1.2 Project Approach
Dudek will provide inspection and construction management serv ices during the lining of the City's sewer main
lining rehabilitation program.
1. Project Familiarity
The inspector and CM will have a comprehensive know ledge of the contractor's work for this project, will be
familiar with the contract documents, and will walk all of the affected streets and easements so that we have a
full understanding of project elements. We will work close ly with the City and contractor to complete a
successful project.
DUDEK CM & Inspection Services for the Annual Sewer Rehabilitation Program, CIP 15701 1
Exhibit 1
We understand the sensitive nature of the project, including working in easements and busy multi-lane streets
with heavy traffic. We will work closely with the residents and contractor to minimize impacts . We also
understand the technical nature of this project and the importance of quality assurance/quality control (QA/QC)
of the installed work . Dudek will develop a QA/QC program that will make certain all testing and inspection
activities are performed with quality materials and state-of-the-art workmanship, and will ensure the project is
completed on-schedule and within budget. The QA/QC personnel will strictly enforce the technical
specifications, construction drawings, industry standards, and manufacturer's recommendations to provide only
approved materials and installation workmanship.
We understand the importance for proper notification and establishing a positive relationship with residents and
businesses to complete the lining work. We will coordinate the notification process, which will involve mailing
notifications, community meetings, advanced warning signs, hand-delivered notices, and speaking directly to
affected residents and businesses.
2. Preconstruction Meeting
Mr . White will chair the preconstruction and progress meetings. Prior to the Notice to Proceed, Mr . White and
Mr. Ruiz will meet jointly with the contractor, City, and other involved entities as needed to outline for the
contractor the following: contract administration guidelines, contractual roles and relationships , and
reinforcement of specific requirements for safety, security, and access through various construction areas .
Dudek will prepare the agenda, conduct the meeting , and issue meeting minutes . The preconstruction meeting
will set the tone for the project, and it is crucial that the contractor understands that we expect him to comply
with the contract documents, particularly in regards to public relations. The goal is to make certain that the
contractor understands we are there to enforce the specifications, and that we will do it fairly and consistently .
3. Construction Management I Inspection
Mr. Ruiz and Mr. White wil l report on the contractor's work, including that which is not applied in strict
conformance with the contract specifications, project submitta ls, and manufacturer's requirements. The CM will
assist in reviewing and coordinating submittal and RFI reviews with the City to expedite the submittal
turnaround process. Dudek will provide the following reporting and recordkeeping:
Setup Logs . Mr. White will maintain logs for submitta ls, RFI's, Request for Proposals (RFP's), and Change
Orders (CO) in a format assessable to City staff. We will set our fi les up according to the City's requirements.
These logs will be updated weekly and sent to the City for review and will be included in the bi-weekly meeting
minutes .
Material Tickets. The inspector will maintain excellent records of the material tickets (wet out logs, concrete
delivery tickets , etc.) which are critical to insure the correct amount and type of resin are being used on each
CIPP liner.
Inspection. Mr. Ruiz will inspect all construction-related activities and recommend acceptance of work when
performed in accordance with the contract documents on a full-time basis. He will work with the contractor to
fairly interpret the contract drawings and specifications. The inspector will coordinate review of all RFI's, will
obtain a suitable response as soon as possible and continue to interface with the City until the RFI is answered
satisfactorily. The inspector will provide daily reports and digital photos documenting the contractor's progress
for each working day. The digital photos will be included with each daily report.
DUDEK CM & Inspection Services for the Annual Sewer Rehabilitation Program, CJP 15701 2
4 . Public Relations
The project will occur on and affect City streets and some residential easements . Public outreach will be one of
the most important aspects of the job. Dudek wi ll work with the City and contractor to develop and implement
a community outreach program that wil l prov ide reg ul ar updates to residents and bus inesses affected by this
project. The program will include d istribu ti ng mai lers and door hange rs to residents and businesses located
around the project. We suggest mai lers be sent out two weeks in advance as wel l as advanced warning signs
(for the open trench areas). We suggest the fina l not ice be sent 48-ho urs in advance rather than 24-hours, as it
will give the contractor the ab ili ty to make special arrangements, if needed, for special-needs residents . Mr.
Rui z's ce ll number will be included on the mai ler and notices hand de livered to ensure that he can directly
handle concerns and comp laints .
Mr. Ruiz will attend to all res ident and busi ness co ncerns and comp laints in an exped itious, professional , and
courteous manner. Mr. Ru iz will ma inta in a log of all such co ncerns and compla in ts to ensure each of these
issues are addressed .
5. Change Order Preparation, Negotiation, and Processing
Mr. White will prepare RF is (at the request of the City), cost estimates, review cost proposa ls, track extra work or
disputed work from the contractor for changes and negotiate fina l costs with the final approval of the City. Mr .
Ruiz will monitor and track disputed and extra work . Dudek will not authorize any changes or extra work
without the permission of the City. We wi ll prepare wr itten justificat ions for each approved change order, which
will be presented to the City . We wi ll track all potent ial and exec uted change orders on a change order log ,
which tracks both cost and schedu le impacts . Dudek wi ll not au th or ize any change orders or changes to the
contract documents wit hout wri tten approva l of t he City and an executed change order. Should any additiona l
support be required for a change order, claims ana lysis or negotiatio n, Mr. George Litzinger will assist to resolve
these issues .
6. Construction Schedule
We will review and analyze each activity and t he logic to determine if the work conforms to the contract
requ irements and if th e work can be built to th e contract or's schedule. We will co mpare produ ct ion rates and
material rates. We wi ll also review t he sched ul e to ensure that it conforms wit h the requ irements of the City as
we ll as any stated working day li mitat ions, City holi days, etc. stated in t he co ntr act.
Mr . Li nsdau will prepare a month ly constr uction report, as req ui red , by the City inc luding a summary of work
progress, budget, and schedule status .
7. Construction Progress Meetings
Mr. White will chair bi-week ly construction progr es s meetings and will prepare the agendas and distribute the
meeting minutes from these meet ings. The meeting minutes wil l des ignate who is responsible for action item
resu lts, and wi ll be distributed to all in attendance and to t he City wi th in 48 hours of the meeting. These action
items , chrono log ica ll y listed, will be tracked unt il t hey are reso lved .
8. Progress Payments
The Dudek team realizes the importance of an accurate and t imely review of the monthly progress payments .
Mr. Ruiz will field measure and track all bid quantities in accordance with contract documents as the work is
being installed . Mr . Ruiz will meet with the contractor and discuss and agree to pay quantities, schedule of
DUDEK CM & Inspection Serv ices for the Annua l Sewer Rehabi litati on Program, CIP 15701 3
values (for lump sum bid items), and review the contractor's "as-bu il ts" at the end of the month. Dudek will then
make a recommendation to the City for the amount of the monthly progress payment on a City-approved
format payment request.
9. Testing Services
Both Mr. Ruiz and Mr. White are thoroughly trained in the procedures of field testing and will provide: visual
inspection, liner thickness, and liner sample acquisition. They will coordinate the testing of structural properties,
chemical resistance properties, testing for leakage of the installed liner, and chain-of-custody procedures to
ensure accurate test results for the CIPP liners . Mr. Ruiz will be responsible to for coordinating and scheduling
any required testing lab seNices for both the CIPP liners and other. Mr. Ruiz will maintain a materials testing log
to document the location and material being tested. Mr . White will also review all material test results and
review Mr. Ruiz's logs for accuracy. Mr. Ruiz will not ify the contractor immediate ly of any fai ling test results,
which will be tracked on a material testing log until the issue is resolved.
10. Quality Review, Sampling
Dudek will verify the quality of the work being performed throughout all phases of the project, perform close
visual obseNations at regular inteNals, and suNey the overall progress of the project. Mr. Ruiz will provide the
overall site quality review and perform/coordinate all testing on the project. Mr. White will be our second set of
eyes to ensure the testing frequency and review the test results to ensure that all work and materials provided
are in accordance with the contract documents.
Mr. Ruiz will check CIPP liner thickness, review pre-and post-CCTV and will follow the inspection and liner
defect practices per NASSO standards. Mr. Ruiz will also collect and log material delivery tickets, verify pipe
diameter, and check sewer line grade on a daily basis. He will inspect the CIPP liner and material deliveries prior
to installation and will log all material delivery tickets. Mr. White will assist Mr. Ruiz with inspection duties, when
needed , since citywide lining projects require tracking multiple operations, and will be on site weekly to review
inspection reports, spot check review CCTV and the open trench and CIPP work being installed as a second
level quality control check, since Mr. White is also NASSCO trained inspector himself. Mr. Ruiz will ensure a
minimum of 25% of CIPP lining material installed will be tested, however the contractor will not know which
ones will be tested, as we will collect a sample from each CIPP inversion.
Mr. Ruiz and Mr. White will review all pre-and post-CCTV. Dudek will prepare a report identifying point repair
locations, offset joints, laterals to be trimmed, CIPP liner defects, and SLCs for pre-and post-CCTV.
11. Safety Program
Both Mr. White and Mr. Ruiz have received OSHA safety training and are familiar with all project-related safety
requirements. Mr. Ruiz is capable of recognizing and identifying safety hazards. Unsafe actions or procedures
will immediately be reported to the contractor. Mr. White will review the contractor's safety program submitta l
to ensure it is compliant with OSHA regu lations. The inspector will suspend the contractor's work if imminent
hazard is not addressed immediately, such as open unprotect excavation or improper shoring of a trench . Our
goal is to keep the contractor and public safe at all times.
12. Traffic and Pedestrian Control, Public Safety
Mr. White will review all traffic control plans submitted by the contractor prior to sending them to the City for
approval to help streamline the process and avoid wasting the time of the traffic engineer . Mr. Ruiz will monitor
the placement and maintenance of all traffic control devices and enforce the traffic control/parking restrictions
DUDEK CM & Inspection SeNices for the Annual Sewer Rehabilitation Program, CIP 15701 4
as specified by the City and contractor's traffic contro l plan on a daily basis . Mr. White wi ll coordinate with the
police, fire, traffic, and san itation departments and all affected agencies pr ior to impl ementation of traffic contro l
set up with mass emails.
13. Storm Water Pollution Prevention Plan
Mr. Ruiz is a QSP and will review, monitor, and ensure the contractor's environmental compliance with
NPDES/Best Management Practices (BMPs) to prevent Storm Wat er Pollution from construction-related
act ivities and verify the contractor's comp liance . We do recommend requiring the contractor to provide their
own independent QSP and QSD in the contract documents so that the quality assurance and control
responsibi lities are square ly on the contractor's shou lders .
14. Record Drawings and Documents
Upon completion of the project, we will furni sh the City with a full set of as-bu ilt Record Drawings . We wil l
incorporate modifications and changes from all sources, such as submitta ls, RFI's, field orders, extra wor k, and
change orders. We will compare records with the contractor's record drawings at the conclusion of the project
with our record documents and prepare a comp lete as-bu il t record for the City.
15. Project Close-Out
Dudek will prepare a punch li st of items developed with the City to identify all deficient or incomplete work once
the project is substantially comp lete and will follow up with the contractor until it is complete. Once the project
is acceptable, Dudek will provide the City with a recommendation to file the Notice of Completion . Dudek will
provide all close-out documentation and files within 30 days of Noti ce of Completion. Dudek will assist the City
in preparing all final change orders and progress payment to close out the project. We will assist the City as
needed during the project warranty period.
2 Qualifications and Experience
2.1 Dudek Overview
Since 2009, Dudek has provided construction management and in spect ion serv ices to the cities of Culver City,
Carlsbad and Huntington Beach on severa l sewer linin g rehabilitation and open trench sewer line replacement
projects . In short, we know the project and can offer hi gh-qua li ty inspection and construction management
service without any ramp-up time or hiccups, saving the City va lu ab le time and money.
Key solutions we offer the City for this project include the following :
Experience with Your Project and Trenchless Technology
As one of the on ly firms in Sout hern California with emp loyees cert ifi ed in National Association of Sewer
Service Company (NASSCO) standards, Dudek proposes Mr. Garrett White and Ryan Ruiz. Both are
fluent in NASSCO standards and both have comp leted the In spector Training and Certification Program
(ITCP), Manhole and Assessment Certification Pr ogram (MACP), and Pipeline Assessment and
Certification Program (PACP).
DUDEK CM & Inspection Services for the Annual Sewer Rehabilitation Program, CIP 15701 5
Fee Proposal
Tasks
1. Contract Administration (included in #2)
2. Construction Progress Meetings
3. Construction Management (1/2 Time)
4. Construction Inspection (Full Time)*
5. Project Close-Out
6. Misc. Direct Costs
TOTAL
*Prevailing Wage Rate
*Based on a 120 working days or 1,000 hours
City of San Juan Capistrano
Annual Sewer Rehabilitation Program, CIP 15701
DUDEK
FEE PROPOSAL-COST SUMMARY
Project Construction Construction Support Staff
Manager Manager Inspector (if req'd) Incidentals
Hourly Rate Hourly Rate Hourly Rate Hourly Rate (if req'd)
$0 $0 $0 $0 $0
$150 $0 $0 $0 $0
$0 $125 $0 $0 $0
$0 $0 $120 $0 $0
$0 $125 $120 $0 $0
DUDEK CM and Inspection Services for the Annua l Sewer Rehabi litation Program, CIP 15701
Mileage Reprographics
(if req'd) (if req'd) Total Cost
$0 $0 $0
$0 $0 $15 ,000
$0 $0 $62 ,500
$0 $0 $120 ,000
$0 $200 $10 ,000
$2 ,500
$210,000
Exhibit 2
DUDEK
2015 STANDARD SCHEDULE OF CHARGES
ENGINEERING SERVICES
Project Director ..................................................................... $255 .00/hr
Principal Engineer Ill ............................................................. $225 .00/hr
Principal Engineer II ............................................................. $215 .00/hr
Principal Engineer I .............................................................. $205.00/hr
Program Manager ................................................................ $205 .00/hr
Senior Project Manager ........................................................ $195.00/hr
Project Manager ................................................................... $190 .00/hr
Senior Engineer 111 ................................................................ $185 .00/hr
Senior Engineer II ................................................................ $175 .00/hr
Senior Engineer I ................................................................. $165.00/hr
Project Engineer IVfTechnician IV ........................................ $155 .00/hr
Project Engineer lllfTechnician Ill ......................................... $140.00/hr
Project Engineer llfTechnician 11 ........................................... $125.00/hr
Project Engineer lfTechnician 1 ............................................. $110.00/hr
Project Coordinator ................................................................. $85.00/hr
Engineering Assistant ............................................................. $75 .00/hr
ENVIRONMENTAL SERVICES
Principal ............................................................................... $235.00/hr
Senior Project Manager/Specialist!! ..................................... $220.00/hr
Senior Project Manager/Specialist 1 ...................................... $21 0 .00/hr
Environmental Special ist/Planner V I ..................................... $190.00/hr
Environmental Specialist/Planner V ...................................... $170.00/hr
Environmental Specialist/Planner IV ..................................... $160.00/hr
Environmental Specialist/Planner Ill ..................................... $150.00/hr
Environmental Specialist/Planner II ...................................... $130.00/hr
Environmental Special ist/Planner I ....................................... $120.00/hr
Analyst 111 ............................................................................. $110.00/hr
Analyst II .............................................................................. $100.00/hr
Analyst I ................................................................................. $90 .00/hr
Planning Assistant II ............................................................... $80 .00/hr
Planning Assistant 1 ................................................................ $70.00/hr
COASTAL PLANNING/POLICY SERVICES
Senior Project Manager/Coastal Planner 11 ........................... $215 .00/hr
Senior Project Manager/Coastal Planner ! ............................ $205.00/hr
Environmental Specialist/Coastal Planner VI ........................ $195 .00/hr
Environmental Specialist/Coastal Planner V ......................... $175 .00/hr
Environmental Specialist/Coastal Planner IV ........................ $165 .00/hr
Environmental Specialist/Coastal Planner Ill ........................ $155 .00/hr
Environmental Specialist/Coastal Planner II ......................... $145 .00/hr
Environmenta l Specialist/Coastal Planner I .......................... $135 .00/hr
ARCHAEOLOGICAL SERVICES
Senior Project Manager/Archaeologist 11 ............................... $21 0 .00/hr
Senior Project Manager/Archaeologist 1 ................................ $200 .00/hr
Environmental Specialist/Archaeologist VI ............................ $180.00/hr
Environmental Specialist/Archaeologist V ............................. $160.00/hr
Environmental Specialist/Archaeologist IV ............................ $150 .00/hr
Environmental Specialist/Archaeologist 111 ............................ $140 .00/hr
Environmental Specialist/Archaeologist II ............................. $130 .00/hr
Environmental Specialist/Archaeologist! .............................. $120 .00/hr
Environmental Specialist/Paleontologist Ill ........................... $160.00/hr
Environmental Specialist/Paleontologist II ............................ $140.00/hr
Environmental Specialist/Paleontologist I ............................. $120.00/hr
Paleontological Technician 111 ................................................. $80 .00/hr
Paleontological Technician 11 .................................................. $70 .00/hr
Paleontological Technician ! ................................................... $50 .00/hr
Archaeolog ist Technician II ..................................................... $70 .00/hr
Arc haeolog ist Technic ian 1 ...................................................... $50 .00/hr
CONSTRUCTION MANAGEMENT SERVICES
Principal/Manager ................................................................ $195 .00/hr
Senior Construction Manager .............................................. $180 .00/hr
Senior Project Manager ........................................................ $160 .00/hr
Construction Manager .......................................................... $150 .00/hr
Project Manager ................................................................... $140.00/hr
Resident Engineer ............................................................... $140.00/hr
Construction Engineer .......................................................... $135 .00/hr
On -site Owner's Representative ........................................... $130.00/hr
Construction Inspector 111 ...................................................... $125 .00/hr
Construction Inspector 11 ....................................................... $115 .00/hr
Construction Inspector 1 ........................................................ $1 05 .00/hr
Prevailing Wage Inspector .................................................... $135.00/hr
DUDEK
COMPLIANCE SERVICES
Compliance Director ............................................................ $200.00/hr
Compliance Manager ........................................................... $140.00/hr
Compliance Project Coordinator ........................................... $100.00/hr
Compliance Monitor ............................................................... $90 .00/hr
HYDROGEOLOGICAL SERVICES
Principal ............................................................................... $235 .00/hr
Sr. Hydrogeologist tV/Engineer IV ....................................... $215 .00/hr
Sr. Hydrogeologist Ill/Engineer 111 ......................................... $200 .00/hr
Sr. Hydrogeologist 11/Engineer 11 ........................................... $180 .00/hr
Sr. Hydrogeologist 1/Engineer ! ............................................. $165 .00/hr
Hydrogeologist VI/Engineer VI ............................................ $150.00/hr
Hydrogeologist V/Engineer V ............................................... $140.00/hr
Hydrogeologist tV/Engineer IV ............................................. $130.00/hr
Hydrogeologist Ill/Engineer 111 .............................................. $120.00/hr
Hydrogeologist It/Engineer 11 ................................................ $110.00/hr
Hydrogeologist 1/Engineer 1 .................................................. $1 00.00/hr
Technician ............................................................................. $95 .00/hr
DISTRICT MANAGEMENT & OPERATIONS
District General Manager ..................................................... $175.00/hr
District Eng ineer ................................................................... $160 .00/hr
Operations Manager ........................................................... $150 .00/hr
District Secretary/Accountant ................................................ $85.00/hr
Collections System Manager .................................................. $95 .00/hr
Grade V Operator ................................................................ $100 .00/hr
Grade IV Operator .................................................................. $85 .00/hr
Grade Ill Operator .................................................................. $80.00/hr
Grade II Operator ................................................................... $63 .00/hr
Grade I Operator .................................................................... $55 .00/hr
Operator in Train ing ............................................................... $40.00/hr
Collection Maintenance Worker 11 ........................................... $55 .00/hr
Collection Maintenance Worker !. ........................................... $40.00/hr
OFFICE SERVICES
Technicai/Drafting/CADD Services
3D Graphic Artist. ................................................................. $150 .00/hr
Senior Designer ................................................................... $140 .00 /hr
Designer .............................................................................. $130 .00/hr
Assistant Designer ............................................................... $125 .00/hr
GIS Specialist IV .................................................................. $150 .00/hr
GIS Specialist Ill .................................................................. $140 .00/hr
GIS Specialist II ................................................................... $130.00/hr
GIS Specialist I .................................................................... $120 .00/hr
CADD Operator 111 ................................................................ $120.00/hr
CADD Operator 11 ................................................................. $115 .00/hr
CADD Operator! .................................................................. $100.00/hr
CADD Drafter ......................................................................... $90.00/hr
CADD Technician .................................................................. $80.00/hr
SUPPORT SERVICES
Technical Editor 111 ................................................................ $140 .00/hr
Technical Editor 11 ................................................................. $125 .00/hr
Technica l Editor I ................................................................. $110 .00/hr
Publications Specialist 111 ...................................................... $100.00/hr
Publications Specialist 11 ......................................................... $90.00/hr
Publications Specialist ! .......................................................... $80.00/hr
Clerical Administration 11. ........................................................ $80.00/hr
Clerical Administration !. ......................................................... $75 .00/hr
Forensic Engineering -Court appearan ces , depositions , and interrogatories a s
expert wi tn ess wi ll be billed at 2 .00 times normal rates .
Emergency and Holidays-Minimum charg e of two hours will be billed at 1.75
times th e normal rat e .
Material and Outside Services -Subcontractors, re nt al of special eq uipment .
special reproducti ons a nd blueprinting , out side data processi ng and computer
servi ces , etc .. are charged at 1.15 times th e direct cost.
Travel Expenses -Mileag e at current IRS all owable rates . Per die m where
overnight stay is involved is charg ed at cost
lnvoices,Late Charges. -All fees will be bill ed to Client mon thly and shall be due
and payable upon receipt. Invo ices are de linque nt if not pa id within thi rty (30) days
from th e date of th e invoice. Client agrees to pa y a monthl y late charge eq ual to
one percent (1 %) per month of th e out standing balance until pai d in fu ll .
Annual Increases -Unless identifi ed otherwi se , th ese standard rates wi ll increase
3% annually .
Effective January 1, 2015
CONSTRUCTION AGREEMENT
THIS CONTRACT is made and entered into, to be effective, this __ day of
, 2015, by and between the CITY OF SAN JUAN CAPISTRANO, hereinafter
referred to as "City," and Nu-Line Technologies LLC, hereinafter referred to as
"Contractor."
City and Contractor mutually agree as follows:
Section 1. General Conditions.
Contractor certifies and agrees that all the terms, conditions and obligations of
the Contract Documents as hereinafter defined, the location of the job site, and the
conditions under which the work is to be performed have been thoroughly reviewed, and
enters into this Contract based upon Contractor's investigation of all such matters and is
in no way relying upon any opinions or representations of City. It is agreed that this
Contract represents the entire agreement between the parties. It is further agreed that
the Contract Documents including the latest edition of the Standard Specifications for
Public Works Construction, Notice Inviting Bids, Special Instructions to Bidders, if any,
and Contractor's Proposal are incorporated in this Contract by reference, with the same
force and effect as if the same were set forth at length herein, and that Contractor and
its subcontractors, if any, will be and are bound by any and all of said Contract
Documents insofar as they relate in any part or in any way, directly or indirectly, to the
work covered by this Contract.
"Project" as used herein defines the entire scope of the work covered by all the
Contract Documents. Anything mentioned in the Specifications and not indicated in the
Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the Plans or
Specifications, the matter shall be immediately submitted to City's Engineer, without
whose decision Contractor shall not adjust said discrepancy save only at Contractor's
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-1
Attachment 2
own risk and expense. The decision of the Engineer shall be final.
Section 2. Materials and Labor.
Contractor shall furnish, under the conditions expressed in the Plans and
Specifications, at Contractor's own expense, all labor and materials necessary, except
such as are mentioned in the Specifications to be furnished by the City, to construct and
complete the Project, in good workmanlike and substantial order. If Contractor fails to
pay for labor or materials when due, City may settle such claims by making demand
upon the surety to this Contract. In the event of the failure or refusal of the surety to
satisfy said claims, City may settle them directly and deduct the amount of payments
from the Contract price and any amounts due to Contractor. In the event City receives
a stop notice from any laborer or material supplier alleging non-payment by Contractor,
City shall be entitled to deduct all of its costs and expenses incurred relating thereto,
including but not limited to administrative and legal fees.
Section 3. Description of Project.
The Project is described as: Annual Sewer Rehabilitation Program (CIP 15701)
as delineated on the Contract Documents prepared by the City of San Juan Capistrano,
dated April 2015. Work to include: the construction of Sanitary Sewer and Storm Drain
Cured-In-Place Pipe, Manhole Rehabilitation and all appurtenant work.
Section 4. Plans and Specifications.
The work to be done is shown in a set of detailed Plans and Specifications
entitled: Annual Sewer Rehabilitation Program (CIP 15701 ). The plans are located in
the Specifications as Appendix F -Contract Exhibits.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-2
Said Plans and Specifications and any revisions, amendments or addenda
thereto are attached hereto and incorporated herein as part of this Contract and referred
to by reference.
Section 5. Time of Commencement and Completion.
Contractor agrees to commence the Project within ten (1 0) calendar days from
the date set forth in the "Notice to Proceed" sent by City and shall diligently prosecute
the work to completion within one hundred twenty (120) calendar days from the date of
the "Notice to Proceed" issued by the City excluding delays caused or authorized by the
City as set forth in Sections 7, 8 and 9 hereof.
Section 6. Time is of the Essence.
Time is of the essence of this Contract. As required by the Contract Documents,
Contractor shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of Contractor's work
in conformance with an approved construction progress schedule. Contractor shall
coordinate the work covered by this Contract with that of all other Contractors,
subcontractors and of the City, in a manner that will facilitate the efficient completion of
the entire work in accordance with Section 5 herein. City shall have complete control of
the premises on which the work is to be performed and shall have the right to decide the
time or order in which the various portions of the work shall be installed or the priority of
the work of other subcontractors, and, in general, all matters representing the timely and
orderly conduct of the work of Contractor on the premises.
Section 7. Excusable Delays.
Contractor shall be excused for any delay in the prosecution or completion of the
Project caused by acts of God; inclement weather which exceeds the number of
calendar days estimated by the City and set forth in Section 5 hereof; damages caused
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-3
by fire or other casualty for which Contractor is not responsible; any act, neglect or
default of City; failure of City to make timely payments to Contractor; late delivery of
materials required by this Contract to be furnished by City; combined action of the
workers in no way caused by or resulting from default or collusion on the part of
Contractor; a lockout by City; or any other delays unforeseen by Contractor and beyond
Contractor's reasonable control.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days Contractor has thus been delayed, provided that Contractor presents a
written request to City for such time extension within fifteen ( 15) days of the
commencement of such delay and City finds that the delay is justified. City's decision
will be conclusive on the parties to this Contract. Failure to file such request within the
time allowed shall be deemed a waiver of the claim by Contractor.
No claims by Contractor for additional compensation or damages for delays will
be allowed unless Contractor satisfies City that such delays were unavoidable and not
the result of any action or inaction of Contractor and that Contractor took all available
measures to mitigate such damages. Claims will be handled in accordance with
Section 10-05 of the General Conditions. The City's decision will be conclusive on all
parties to this Contract.
Section 8. Extra Work.
The Contract price includes compensation for all work performed by Contractor,
unless Contractor obtains a written change order signed by a designated representative
of City specifying the exact nature of the extra work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof.
City shall extend the time fixed in Section 5 for completion of the Project by the
number of days reasonably required for Contractor to perform the extra work, as
determined by City's Engineer. The decision of the Engineer shall be final.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-4
Section 9. Changes in Project.
A. City may at any time, without notice to any surety, by written order
designated or indicated to be a change order, make any change in the work within the
general scope of the Contract, including but not limited to changes:
1) in the Specifications (including drawings and designs);
2) in the time, method or manner of performance of the work;
3) in the City-furnished facilities, equipment, materials, services or
site; or
4) directing acceleration in the performance of the work.
B. A change order shall also be any other written order (including direction,
instruction, interpretation or determination) from the City which causes any change,
provided Contractor gives the City written notice stating the date, circumstances and
source of the order and that Contractor regards the order as a change order.
C. Except as provided in this Section 9, no order, statement or conduct of the
City or its representatives shall be treated as a change under this Section 9 or entitle
Contractor to an equitable adjustment.
D. If any change under this Section 9 causes an increase or decrease in
Contractor's actual, direct cost or the time required to perform any part of the work
under this Contract, whether or not changed by any order, the City shall make an
equitable adjustment and modify the Contract in writing. Except for claims based on
defective specifications, no claim for any change under paragraph (B) above shall be
allowed for any costs incurred more than twenty (20) days before the Contractor gives
written notice as required in paragraph (B). In the case of defective specifications for
which the City is responsible, the equitable adjustment shall include any increased
direct cost Contractor reasonably incurred in attempting to comply with those defective
specifications.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-5
E. If Contractor intends to assert a claim for an equitable adjustment under
this Section 9, it must, within thirty (30) days after receipt of a written change order
under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a
written statement to the City setting forth the general nature and monetary extent of
such claim. The City may extend the thirty (30) day period. Contractor may include the
statement of claim in the notice under paragraph (B) of this Section 9.
F. No claim by Contractor for an equitable adjustment shall be allowed if
made after final payment under this Agreement.
G. Contractor hereby agrees to make any and all changes, furnish the
materials and perform the work that City may require without nullifying this Contract.
Contractor shall adhere strictly to the Plans and Specifications, unless a change
therefrom is authorized in writing by the City. Under no condition shall Contractor make
any changes to the Project, either in additions or deductions, without the written order of
the City and the City shall not pay for any extra charges made by Contractor that have
not been agreed upon in advance in writing by the City. Contractor shall submit
immediately to the City written copies of its firm's cost or credit proposal for change in
the work. Disputed work shall be performed as ordered in writing by the City and the
proper cost or credit breakdowns therefore shall be submitted without delay by
Contractor to City.
Section 10. Liquidated Damages for Delay.
The parties agree that if the total work called for under this Contract, in all parts
and requirements, is not completed within the time specified in Section 5 plus the
allowance made for delays or extensions authorized under Sections 7, 8 and 9, the City
will sustain damage, which would be extremely difficult and impracticable to ascertain.
The parties therefore agree that Contractor will pay to City the sum of Five Hundred
Dollars and No Cents ($500.00) per day, as liquidated damages, and not as a penalty,
for each and every calendar day during which completion of the Project is so delayed.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
8-6
Contractor agrees to pay such liquidated damages and further agrees that City
may offset the amount of liquidated damages from any monies due or that may become
due Contractor under this Contract.
Section 11. Contract Price and Method of Payment.
City agrees to pay and Contractor agrees to accept as full consideration for the
faithful performance of this Contract, subject to any subsequent additions or deductions
as provided in approved change orders, the sum of one million seventy four thousand
sixty one dollars and no cents ($1 ,074,061.00) plus a 10% contingency amount of
$107,406.10 for a not to exceed total amount of $1,181,467.10. The Contract amount
of $1,074,061.00 is currently available as itemized on the attached Exhibit "A," and
described as the Bid Schedule. The contingency amount of $1 07,406.10 is for City
approved change orders only in accordance with the City's purchasing policy.
Within thirty (30) days from the commencement of work, there shall be paid to
the Contractor a sum equal to ninety percent (95%) of the value of the actual work
completed plus a like percentage of the value of material suitably stored at the worksite,
treatment plant or approved storage yards subject to or under the control of the City,
since the commencement of the work as determined by the City. Thereafter, on a
schedule issued by the City at the commencement of the job which shows a minimum of
one payment made to the Contractor per month for each successive month as the work
progresses and the request for payment due dates from the Contractor to meet the
payment schedule, the Contractor shall be paid such sum as will bring the total
payments received since the commencement of the work up to ninety percent (95%) of
the value of the work completed since the commencement of work as determined by the
City, less all previous payments, provided that the Contractor submits the request for
payment prior to the end of the day required to meet the payment schedule. The City
will retain five percent (5%) of the amount of each such progress estimate and material
cost until the Final Payment.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-7
Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City's Engineer, stating that the work for
which payment is demanded has been performed in accordance with the terms of the
Contract, and that the amount stated in the certificate is due under the terms of the
Contract. Partial payments on the Contract price shall not be considered as an
acceptance of any part of the work.
Section 12. Substitution of Securities in Lieu of Retention of Funds.
Pursuant to Public Contract Code Section 22300 et seq., the Contractor will be
entitled to post approved securities with the City or an approved financial institution in
order to have the City release funds retained by the City to insure performance of the
Contract. Contractor shall be required to execute an addendum to this Contract
together with escrow instructions and any other documents in order to effect this
substitution.
Section 13. Completion.
Within ten (1 0) days after the contract completion date of the Project, Contractor
shall file with the City's Engineer its affidavit stating that all workers and persons
employed, all firms supplying materials, and all subcontractors upon the Project have
been paid in full, and that there are no claims outstanding against the Project for either
labor or material, except those certain items, if any, to be set forth in an affidavit
covering disputed claims, or items in connection with Stop Notices which have been
filed under the provisions of the statutes of the State of California. City may require
affidavits or certificates of payment and/or releases from any subcontractor, laborer or
material supplier.
Section 14. Contractor's Employees' Compensation.
A. General Prevailing Rate:
City has ascertained from the State of California Director of Industrial Relations
the general prevailing rate of per diem wages and the general prevailing rate for legal
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-8
holiday and overtime work in the locality in which the work is to be performed for each
craft or type of work needed to execute this Contract, and copies of the same are on file
in the Office of the Engineer of City. The Contractor agrees that not less than said
prevailing rates shall be paid to workers employed on this public works contract as
required by Labor Code Section 177 4 of the State of California.
C. Forfeiture For Violation:
Contractor shall, as a penalty to the City, forfeit a sum of not more than Two
Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid
(either by the Contractor or any subcontractor under it) less than the prevailing wage
rates as determined by the Director of Industrial Relations for the work or craft in which
the worker is employed. The amount of the penalty shall be determined by the labor
commissioner and the difference between the prevailing wage rates and the amount
paid to each worker for each calendar day or portion thereof for which each worker was
paid less than the prevailing wage rate shall be paid to each worker by the contractor or
subcontractor, all in accordance with Section 1775 of the Labor Code of the State of
California.
D. Travel and Subsistence Pay:
Section 1773.8 of the Labor Code of the State of California, regarding the
payment of travel and subsistence payments, is applicable to this Contract and
Contractor shall comply therewith.
E. Apprentices:
Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices, is applicable to this Contract and the
Contractor shall comply therewith if the prime contract, or a contract of a specialty
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-9
contractor not bidding for work through a general or prime contractor, involves Thirty
Thousand Dollars ($30,000.00) or more.
F. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute
a day's work, and Contractor shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B)
above. Contractor shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.)
of the Labor Code of the State of California and shall forfeit to the City as a penalty, the
sum of Twenty-five Dollars ($25.00) for each worker employed in the execution of this
Contract by Contractor or any subcontractor for each calendar day during which any
worker is required or permitted to labor more than eight (8) hours in any one calendar
day and forty (40) hours in any one week in violation of said Article. Contractor shall
keep an accurate record showing the name and actual hours worked each calendar day
and each calendar week by each worker employed by Contractor in connection with the
Project.
G. Record of Wages; Inspection:
Contractor agrees to maintain accurate payroll records showing the name,
address, social security number, work classification, straight-time and overtime hours
worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker or other employee employed by it in connection with the Project and
agrees to require that each of its subcontractors does the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-10
In accordance with Labor Code section 1771.4, Contractor and each
subcontractor shall furnish the certified payroll records directly to the Department of
Industrial Relations ("DIR") on a weekly basis and in the format prescribed by the DIR,
which may include electronic submission. Contractor shall comply with all requirements
and regulations from the DIR relating to labor compliance monitoring and enforcement.
Certified payroll records of the contractor and subcontractor shall also be
available to the employee or employee's representative, the Division of Labor Standards
Enforcement, and the Division of Apprenticeship Standards and shall comply with all of
the provisions of Labor Code Section 1776, in general.
Section 15. Surety Bonds.
A) Contractor shall guarantee Contractor's performance of this Agreement by
providing CITY with the following security instruments (the "Security
Instruments") on forms approved by CITY for the purposes and in the amounts
as follows:
a. A "Faithful Performance Bond" to ensure faithful performance of this
Agreement in regard to the Project in the amount of 100% of the estimated
cost of the Project; and
b. A "Labor and Materials Bond" to secure payment to any contractor,
subcontractor, persons renting equipment or furnishing labor or materials
for the Project required to be constructed or installed pursuant to this
Agreement in the additional amount of 100% of the estimated cost of the
Project.
c. In lieu of providing the bonds described/required above, Contractor may
substitute a "Letter of Credit" in a form acceptable to CITY.
B) In order to guarantee and warranty the completed Project, and in addition to the
Security Instruments referenced in Paragraph 4(A) above, Contractor shall
provide to City the following Security Instruments:
a. A "Warranty Bond" for the work warranting the accepted work for a period
of one (1) year following said acceptance against any defective work or
labor done or defective material furnished. The amount of such Warranty
Bond for the Project shall be equal to twenty-five percent (25%) of the
estimated construction cost of the Project.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-11
b. In lieu of the Warranty Bond, Contractor may substitute a "Letter of Credit"
in a form acceptable to the City (said Letter of Credit having an equivalent
value as the Warranty Bond).
C) All Security Instruments required by this Agreement shall be kept on file with the
City Clerk. The terms of the Security Instruments required by this Agreement are
hereby incorporated into this Agreement by reference.
D) Payments under the Security Instruments shall be required to be made (and, with
respect to bonds, litigation shall be required to be instituted and maintained) in
the County of Orange, State of California.
E) Each of the Security Instruments shall be automatically renewing.
F) The Security Instruments shall reference Contractor's obligations under this
Agreement, shall be irrevocable, and shall include as an additional obligation
secured the responsibility to compensate CITY for all of CITY's attorneys' fees
and litigation expenses reasonably incurred by CITY in enforcing its rights under
the Security Instruments.
This Contract shall not become effective until such bonds are supplied to and
approved by the City.
Section 16. Insurance.
A. Contractor is also aware of the provisions of Section 3700 of the Labor
Code, which requires every employer to be insured against liability for Workers'
Compensation or undertake self-insurance in accordance with the provisions of that
Code and will comply with such provisions before commencing the performance of the
work of this Contract.
B. Contractor and all subcontractors will carry workers' compensation
insurance for the protection of its employees during the progress of the work. The
insurer shall waive its rights of subrogation against City, its officers, agents and
employees and shall issue a certificate to the policy evidencing same.
C. Contractor shall at all times carry, on all operations hereunder, bodily
injury, including death, and property damage liability insurance, including automotive
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-12
operations, bodily injury and property damage coverage. All insurance coverage shall
be in amounts specified by City in the Insurance Requirements and shall be evidenced
by the issuance of a certificate in a form prescribed by the City and shall be
underwritten by insurance companies satisfactory to City for all operations, subcontract
work, contractual obligations, product or completed operations, all owned vehicles and
non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting
workers' compensation coverage, shall name the City, its Directors, Officers, Agents,
Employees, Engineers, and Consultants for this contract, and all public agencies from
whom permits will be obtained and their Directors, Officers, Agents and Employees, as
determined by the City, as additional insureds on said policies.
D. Before Contractor performs any work at, or prepares or delivers materials
to, the site of construction, Contractor shall furnish certificates of insurance evidencing
the foregoing insurance coverages and such certificates shall provide the name and
policy number of each carrier and policy and that the insurance is in force and will not
be canceled without thirty (30) days' written notice to City.
E. Contractor shall maintain all of the foregoing insurance coverages in force
until the work under this Contract is fully completed. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of City by
Contractor under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of Contractor with respect to the foregoing, Contractor shall subscribe for
and maintain in full force and effect during the life of this Contract, the following
insurance in amounts not less than the amounts specified and issued by a company
admitted in California and having a Best's Guide Rating of A-Class VII or better:
Worker's Compensation
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
In accordance with the Workers'
Compensation Act of the State of
California --Minimum of
AGREEMENT
B-13
Public Liability, in the form of
either Comprehensive General
Liability or Commercial General
Liability written on a per-occurrence
basis
Automobile liability, including
non-owned and hired vehicles
$1,000,000
$1,000,000, per occurrence, or
alternatively,
$1,000,000 aggregate, separate
for this project.
$1,000,000 per occurrence
City or its representatives shall at all times have the right to inspect and receive
the original or a certified copy of all said policies of insurance, including certificates.
Contractor shall pay the premiums on the insurance hereinabove required.
Section 17. Risk and Indemnification.
All work covered by this Contract done at the site of construction or in preparing
or delivering materials to the site shall be at the risk of Contractor alone. Contractor
agrees to save, indemnify and keep City, its Directors, Officers, Agents, Employees,
Engineers, and Consultants for this Contract, and all public agencies from whom
permits will be obtained and their Directors, Officers, Agents and Employees harmless
against any and all liability, claims, judgments, costs and demands, including demands
arising from injuries or death of persons (Contractors' employees included) and damage
to property, arising directly or indirectly out of the obligations herein undertaken or out of
the operations conducted by Contractor, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of City, and will make good to and
reimburse City for any expenditures, including reasonable attorneys' fees City may incur
by reason of such matters, and if requested by City, will defend any such suits at the
sole cost and expense of Contractor.
Section 18. Stop Notice Administration.
City reserves the right to charge Contractor for City's actual administrative time
(including attorney's time) to administer and process stop notices filed by Contractor's
subcontractors, material-men, or any other claimant or lienholder.
Section 19. Termination.
A. This Contract may be terminated in whole or in part in writing by either
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-14
party in the event of substantial failure by the other party to fulfill its obligations under
this Contract through no fault of the terminating party, provided that no termination may
be effected unless the other party is given: (1) not less than ten (1 0) calendar days'
written notice (delivered by certified mail, return receipt requested) of intent to terminate,
and (2) an opportunity for consultation with the terminating party prior to termination.
B. This Contract may be terminated in whole or in part in writing by the City
for its convenience, provided that the Contractor is given (1) not less than ten (1 0)
calendar days' written notice (delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation with the terminating party
prior to termination.
C. If termination for default or convenience is effected by the City, an
equitable adjustment in the price provided for in this Contract shall be made, but (1) no
amount shall be allowed for anticipated profit on unperformed services or other work,
and (2) any payment due to the Contractor at the time of termination may be adjusted to
cover any additional costs to the City because of the Contractor's default. If termination
for default is effected by the Contractor, the equitable adjustment shall include a
reasonable profit for services or other work performed, but no adjustment will be
allowed for anticipated profits. The equitable adjustment for any termination shall
provide for payment to the Contractor for services rendered and expenses incurred prior
to the termination, in addition to termination settlement costs reasonably incurred by the
Contractor relating to commitments which had become firm prior to the termination.
D. Upon receipt of a termination action under paragraphs (A) or (B) above,
the Contractor shall (1) promptly discontinue all affected work (unless the notice directs
otherwise), and (2) deliver or otherwise make available to the City all data, drawings,
specifications, reports, estimates, summaries and such other information and materials
as may have been accumulated by the Contractor in performing this Contract whether
completed or in process.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-15
E. Upon termination under paragraphs (A) or (B) above, the City may take
over the work and may award another party an agreement to complete the work under
this Contract.
Contractor agrees to perform all work under this Contract in accordance with the City's
designs, drawings and specifications. The Contractor guarantees for a period of at least
one ( 1) year from the date of substantial completion of the work that the completed work
is free from all defects due to faulty materials, equipment or workmanship and that he
shall promptly make whatever adjustments or corrections which may be necessary to
cure any defects, including repairs of any damage to other parts of the system resulting
from such defects. The City shall promptly give notice to the Contractor of observed
defects. In the event that the Contractor fails to make adjustments, repairs, corrections
or other work made necessary by such defects, the City may do so and charge the
Contractor the cost incurred. The performance bond shall remain in full force and effect
through the guarantee period.
The Contractor's obligations under this clause are in addition to the Contractor's
other express or implied assurances under this Contract or state law and in no way
diminish any other rights that the City may have against the Contractor for faulty
materials, equipment or work.
Section 20. Assignment.
No assignment by the Contractor of this Contract or any part hereof, or of funds
to be received hereunder, will be recognized by the City unless such assignment has
had prior written approval and consent of the City and the surety.
Section 21. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Contract, the prevailing party shall be entitled to reasonable attorneys' fees, costs
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-16
and necessary disbursements in addition to any other relief to which it may be entitled.
If any action is brought against the Contractor or any subcontractor to enforce a Stop
Notice or Notice to Withhold, which names the City as a party to said action, the City
shall be entitled to reasonable attorneys' fees, costs and necessary disbursements
arising out of the defense of such action by the City. The City shall be entitled to deduct
its costs for any Stop Notice filed, whether court action is involved or not.
Section 22. Resolution of Disputes.
The City and the Contractor shall comply with the revisions of California Public
Contracts Code Section 20104, et seq., regarding resolution of construction claims for
any claims which arise between the Contractor and the City.
Section 23. Department of Industrial Relations Registration.
Pursuant to Labor Code section 1771.1, no subcontractor may be listed on a bid
proposal for any work related to the Project unless registered with the California
Department of Industrial Relations ("DIR"). Furthermore, Contractor is hereby notified
that no subcontractor may be awarded a contract for any work related to the Project
unless registered with the DIR. Pursuant to Labor Code section 1771.4, Contractor is
hereby notified that the Project is subject to compliance monitoring and enforcement by
the DIR. Contractor will maintain and will require all subcontractors to maintain valid
and current DIR Public Works Contractor registration during the term of this
Agreement. Contractor shall notify the District in writing immediately, and in no case
more than twenty-four (24) hours, after receiving any information that Contractor's or
any of its subcontractor's DIR registration status has been suspended, revoked,
expired, or otherwise changed.
Section 24. Notices.
Any notice required or permitted under this Contract may be given by ordinary
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-17
mail at the address set forth below. Any party whose address changes shall notify the
other party in writing.
To City:
To Contractor:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Keith Van Der Maaten, P.E.
Public Works and Utilities Director
Dominic Burtech, President
Nu-Line Technologies, LLC.
1 02 Second Street, Suite B
Encinitas, CA 92024
Section 25. Counterparts and Facsimile Signatures.
This agreement may be executed by the Parties in counterparts, which
counterparts shall be construed together and have the same effect as if all parties had
executed the same instrument. Counterpart signatures may be transmitted by facsimile,
email or other electronic means and have the same force and effect as if they were
original signatures.
Signature Page Follows.
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
AGREEMENT
B-18
IN WITNESS WHEREOF, the parties hereto have executed this Construction
Contract as of the date first hereinabove written.
ATTEST:
By: ______ ---==-=---------
Maria Morris, City Clerk
APPROVED AS TO FORM:
By:·-------=-------
Jeff Ballinger, City Attorney
CITY OF SAN JUAN CAPISTRANO
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
CITY OF SAN JUAN CAPISTRANO
By:......,._--:--=----:--------
Derek Reeve, Mayor
NU-LINE TECHNOLOGIES, LLC
By:~6:=.:::::::=-----,~~~--
AGREEMENT
B-19
Construction Plans and Specifications for the Annual Sewer Rehabilitation
Program, CIP 15701 (plans are included in the specifications as Appendix F) are
on file and available for review at the City Clerk's Office.
This is EXHIBIT B, consisting of one page , referred to
in and made a part of the AGREEMENT between
OWNER and CONTRACTOR.
BID SCHEDULE
ANNUAL SEWER REHABILITATION PROGRAM, CIP 15701
Description Estimated Unit Unit Price Extended ID Quantity Price
1 Mobilization/Demobilization 1 LS '35,cdJ . OD 35,DCO.d) (Cannot exceed 10% of bid items 2-25)
2 SCRRA (Railroad) Right of Entry Agreement-1 LS ~~~cx::D.OO 18,000 . 0() Application and Compliance Fees Complete
3 Sheeting, Shoring and Bracing 1 LS J1a.XHO Jloao .cm
4 Temporary Sewer Bypass 6" (All Segments) 1 LS ~>CUD-00 ~~.01)
5 Cured In Place Pipe Lining-6" 2,125 LF 33 . &o 11,~00 ·00
6 Temporary Sewer Bypass 8" (All Segments) 1 LS 10)00\).110 10 :(J)O ·"l>
7 Cured-In-Place Pipe Lining -8" 5,038 LF ?IJ.OD 1&1,2JII .Ob
8 Cured-In-Place Pipe Partial Lining (Spot Repair) 8" 20 LF zso .oo s,xo.au
9 Temporary Sewer Bypass 12" (All Segments) 1 LS ';'3 1 t_, !l). (JD ?i~,&.m . ou
10 Cured-In-Place Pipe Lining -12" 953 LF SS .()O S2/I.(I.C6t
11 Temporary Sewer Bypass 18" & 21 " (All Segments) 1 LS 'ltl 310 .(10 tt'l, ~, 0 ·0'0
12 Cured in Place Pipe Lining -18" 19 LF ~'1.® s,~s-3.m)
13 Cured In Place Pipe Lining-21" 4,939 LF g~ 01 ~w.c.-H a1
14 Cured-In-Place Pipe Lining-21" (Storm Drain) 64 LF 12.1·® g .JZ.&.IfJ
15 Cured In Place Pipe Lining -36" (Storm Drain) 145 LF 12.~-au '2.(; ~;6.01)
16 Remove Protruding laterals, gaskets, other 36 EA 'Z.(.,£'.0\) Cf,rl/o.((b obstructions
17 Manhole Rehabilitation (includes pressure grouting) 7 EA '3,25~.0i) :22 .7lf1·Vl
18 Manhole Rehabilitation (no pressure grouting) 8 EA ·z~~(l5 .qo '2..'2. 1 '14 0. {ft)
19 Manhole Rehabilitation, Rebuild Trough Only 4 EA (1S ~0.0\) (., ,l (,O. 00
20 Manhole Frame & Cover 11 EA ,,s:oo .(T"l; I(,,S'OO 01>
21 Service Lateral Connection Repair (Top Hat Style) 16 EA 11S dO t'Q 'L~ ,oro .{Tj)
22 Install 6" Terminal Cleanout 1 EA '&,OOV .OD ~,aro .m
23 Install Arguello Way Sewer Improvements 1 LS 'L1 1 SOV.(t) 'Z-1 I ~ O[J. at
24 Traffic Control, Public Convenience and Safety 1 LS tOJISO .Vb IO.fSO.{"I)
25 Raise Manhole 4 EA I,S ({).cJl) &,cw . rn
BID TOTAL : I, 074, Dt, f. 00
Bid Total in Words : ON. p'l,l( t4 f.. ~ v tnt'-\. fc tAr 11-w.,Ullnd
J
Name of Bidder or Firm
Annual Sewer Rehabilitation Program, CIP 15701
S'nE\-~ -Oro{_ ()ol!a.~ ard' ~" Gn/-.t
J
UNIT PRICE BID SCHEDULE
BID FORMS
Exhibit A