14-1202_MCKEEHAN ENVIRONMENTAL CONSULTANTS_CC_E13_Agenda Report12/2/2014
·~· E13
FROM:
City of San Ju~;, Capistrano
Agen~·~\ •. \~port · \,: .. ~tx.)
Karen P. Brust, Ci~f~n .· • rXJ ~
I
Keith Van Der Maaten, P.E., Public Works and Utilities
TO:
Prepared by: Michael Marquis, P.E., Associate Civil Engineer ~\IJ.;\
DATE: December 2, 2014
SUBJECT: Consideration of a Construction Contract, a Personal Services Agreement
and a License Agreement for the Northwest Open Space Phase 1 -
Sanitary Sewer Improvements Project (Boudreau Pipeline Corporation)
(McKeehan Environmental Consultants) (Moulton Niguel Water District)
(CIP 09209)
RECOMMENDATION:
By motion:
1. Approve a Construction Contract with Boudreau Pipeline Corporation for the
Northwest Open Space Phase 1 -Sanitary Sewer Improvements in the amount
of $170,200; and,
2. Approve a Personal Services Agreement with McKeehan Environmental
Consultants in the amount of $8,935; and,
3. Approve the draft License Agreement for connection between Moulton Niguel
Water District and the City of San Juan Capistrano and authorize the Mayor to
sign the final version of the License Agreement if it is substantially in
conformance with the draft document included as Attachment 3.
EXECUTIVE SUMMARY:
Capital Improvement Project (CIP) 09209 includes construction of a sewer collection
pipeline that will collect flows from the future Northwest Open Space Park restrooms.
An added benefit of this line is that it will also collect flows from the historical Swanner
House, which is part of the Northwest Open Space, and eliminate the need for an on-
site septic system. California Environmental Quality Act (CEQA) documentation for the
sewer line was prepared by Keeton Kreitzer Consulting, and the plans and
specifications were prepared by RCE Consultants Inc. The CEQA document (Initial
Study/Mitigated Negative Declaration) was approved and authorization to bid was
granted by the City Council on August 19, 2014. The City filed a Notice of
Determination with the County Clerk on August 26, 2014, in accordance with Public
Resources Code Sections 21108 and 21152, and no comments were received. Six (6)
bids were solicited and four (4) bids were received by the City on October 13, 2014.
City Council Agenda Report
December 2, 2014
Pa e 2 of 3
Construction of the Northwest Open Space Park Phase 1 -Sanitary Sewer
Improvements Project will require Archeological/Paleontological and Native American
monitoring, therefore a new Personal Services Agreement is necessary. Finally, a
License Agreement for sewer connection to the Moulton Niguel Water District trunk
sewer facility is required, as these agreements are customary for interconnection
between neighboring agencies.
DISCUSSION/ANALYSIS:
The City received bids for construction of the Northwest Open Space Sanitary Sewer
Improvements Phase 1 Project on October 13, 2014, and the results are tabulated as
follows:
.-CONTRACTOR BID AMOUNT ___j
Boudreau Pipeline Corporation $ 148,ooo 1
. Charles Kil'1_lLfompan1' $ 152,040 I ·-·-----------I Paulus Engineering Inc. -. $ 165,360 i
I WA Rasic Construgtion .. $ 309,580]
Staff has reviewed the bids and found them all to be responsive to the City's needs.
Staff recommends approval of a Construction Contract with Boudreau Pipeline
Corporation, inclusive of a 15% contingency to handle unforeseen conditions, in the
amount of $170,200 (Attachment 1).
Due to the environmental sensitivity of the project site, archeological/paleontological
and Native American monitoring is required during construction in compliance with the
project's CEQA document. Staff solicited 3 bids for these services and the results are
tabulated as follows:
CQN"Cf3.f'I-C=cT'='O::_:_R:___--;--;--;;;------c I BID AMOUNT
McKeehan Environmental Com;u::.:lt::.::a::.:.n:.:.ts=-----j_
1
,1'--------------------:$:-:c-8'C:, 9--::3--::5-1
Scientific Resource Survel's, Inc. _ $ 9,990
Greenwood and Associates $ 11 ,944 ~~------L
All of the proposals submitted provide the professional resources necessary to meet the
requirements set forth in the CEQA document. Therefore staff recommends approval of
a Personal Services Agreement with McKeehan Environmental Consultants in the
amount of $8,935 (Attachment 2).
The eight (8) inch sewer line constructed under this project will drain to a 33 inch trunk
sewer line owned and operated by Moulton Niguel Water District (MNWD). Staff has
been working with MNWD to develop a License Agreement for the connection. Staff
recommends approval of the draft agreement, and also recommends authorization for
the Mayor to sign the final agreement, provided that it is in substantial conformance with
the attached draft agreement (Attachment 3).
FISCAL IMPACT:
Direct expenditures for this project, together with a 15% contingency for unforeseen
conditions total $226,800. CIP 09209 has a remaining budget of $2,390,355.
Therefore, no additional budget appropriations are necessary at this time.
City Council Agenda Report
December 2, 2014
Pa e 3 of 3
ENVIRONMENTAL IMPACT:
• On May 6, 2014, a Notice of Intent (NO!) to adopt a Negative Declaration was
filed with the County Clerk.
• On August 26, 2014, a Notice of Determination was filed with the County Clerk
indicating that there is no substantial evidence in the record that the proposed
project, after imposition of the mitigation measures identified in the Mitigated
Negative Declaration, will have a significant effect on the environment
PRIOR CITY COUNCIL REVIEW:
• On August 19, 2014, the City Council approved the CEQA document and
authorized staff to receive bids.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• On August 19, 2014, the Utilities Commission recommended that City Council
approve the CEQA document and authorize staff to receive bids.
• On November 18, 2014, the Utilities Commission recommended award of a
Construction Contract with Boudreau Pipeline and approval of the draft License
Agreement with Moulton Niguel Water District for the Northwest Open Space
Phase 1 -Sanitary Sewer Improvements Project
NOTIFICATION:
Boudreau Pipeline Corporation
Charles King Company
Paulus Engineering, Inc.
WA Rasic Construction
A TT ACHMENT(S):
Attachment 1 -Construction Contract with Boudreau Pipeline Corporation
Attachment 2 -Personal Services Agreement with McKeehan Environmental
Consultants
Attachment 3 -Draft License Agreement for Sewer Connection between Moulton Niguel
Water District and the City of San Juan Capistrano.
ENCLOSURE(S):
Enclosure 1 -Plans and Specifications for the Northwest Open Space Park Phase 1 -
Sanitary Sewer Improvements (Exhibits A and B of the Construction Contract with
Boudreau Pipeline Corporation) are on file and available for review at the City Clerk's
office.
CONSTRUCTION AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this __ day
of 2014, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Boudreau Pipeline Corporation (hereinafter referred to as the
"Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to construct the Northwest Open Space Park Phase 1 Sanitary Sewer
Improvements, per the plans by RCE Consultants Inc; and
WHEREAS, Contractor is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Contractor mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Contractor shall consist of those tasks as set
forth in Exhibit "A", the plan set by RCE Consultants Inc. titled "Northwest Open Space
Phase 1-Sanitary Sewer Improvements," dated September 11, 2014; and Exhibit "B", the
specifications bearing the same name and dated September 11, 2014, attached and
incorporated herein by reference. To the extent that there are any conflicts between the
provisions described in Exhibit "A" and Exhibit "B" and those provisions contained within
this Agreement, the provisions in this Agreement shall control.
Section 2. 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." The Contractor shall diligently prosecute the work
to completion within the time allocated in Section 11 below; excluding delays caused or
authorized by the City.
All work must be completed within 40 calendar days after the date specified in the
Notice to Proceed. Liquidated damages will be assessed as set forth in the Construction
Agreement, Section 11, for failure to meet the specified completion date.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than 40 days from the notice to
proceed.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall include the bid amount
of $148,000 plus a 15% contingency amount of $22,200 for a not to exceed total amount of
$170,200. Contract amount of $148,000 is currently available, contingency amount of
1
Attachment 1
$22,200 is for City approved change orders only in accordance with the City's purchasing
policy.
3.2 Method of Payment.
Subject to Section 3.1, Contractor shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
Contractor 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 City.
Section 4. Independent Contractor.
It is agreed that Contractor shall act and be an independent contractor and not an
agent or employee of City, and shall obtain no rights to any benefits which accrue to City's
employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Contractor 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 Contractor is permitted to
subcontract any part of this Agreement by City, Contractor shall be responsible to 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
Contractor. City will deal directly with and will make all payments to Contractor.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Contractor 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 Contractor's fees.
Section 7. Familiarity with Work and/or Construction Site.
By executing this Agreement, Contractor warrants that: ( 1) it has investigated the
work to be performed; (2) 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
2
performed under this Agreement. Should Contractor discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City, it
shall immediately inform the City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Contractor shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 10. Conflicts of Interest.
Contractor 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 Contractor.
Section 11. Liquidated Damages for Delay.
The parties agree that if the total work called for under this Agreement, in all parts
and requirements, is not completed within the time specified in Section 2 plus the
allowance made for delays or extensions authorized by the City, that 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 One Thousand Dollars and No
Cents ($1 ,000.00) 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.
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 Agreement.
Section 12. Surety Bonds.
Contractor shall, before entering upon the performance of this Contract, furnish
bonds one in the amount of one hundred percent (100%) of the Contract price bid, to
guarantee the faithful performance of the work, and the other in the amount of one hundred
percent ( 100%) of the Contract price bid to guarantee payment of all claims for labor and
materials furnished. This Contract shall not become effective until such bonds are supplied
to and approved by the City.
Section 13. Indemnity.
To the fullest extent permitted by law, Contractor agrees to protect, defend, and hold
3
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including
attorneys' fees, for injury or death of any person, or damages of any nature, including
interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Contractor, Contractor's
agents, officers, employees, subcontractors, or independent contractors hired by
Contractor in the performance of the Agreement. The only exception to Contractor's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless Agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Contractor.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Contractor, 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. Contractor shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Contractor has also been obtained for the
subcontractor. Insurance required herein shall be provided by Admitted 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, Contractor 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, Contractor 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 Contractor intends to employ employees to perform services under this
Agreement, Contractor shall obtain and maintain, during the term of this Agreement,
4
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, Contractor 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 insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned, occupied
or used by Contractor; or automobiles owned, leased, hired, or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded City,
its officers, employees, agents, or volunteers.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.6 Terms of Compensation.
Contractor shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Contractor shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Contractor 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 Contractor.
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 (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
5
To Contractor:
San Juan Capistrano, CA 92675
Attn: Keith Van Der Maaten, Public Works & Utilities Director
Boudreau Pipeline Corporation
175 Vander Street
Corona, CA 92880
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.
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 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 the 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]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SAN JUAN CAPISTRANO
By::-:-----------
Mayor:
CONTRACTOR
By: -=-----:---:::--:-:----:::-----::---
Boudreau Pipeline Corporation
7
Construction Plans for the Northwest Open Space Park Phase 1 -Sanitary Sewer
Improvements are on file and available for review at the City Clerk's Office.
Exhibit A
Specifications for the Northwest Open Space Park Phase 1 -Sanitary Sewer
Improvements are on file and available for review at the City Clerk's Office.
Exhibit B
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this_ day
of_, 2014, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and McKeehan Environmental Consultants (hereinafter referred to as the
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to prepare plans and specifications for the Northwest Open Space Park-Phase
1 Sanitary Sewer Improvements Project; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit A, attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than 6 months after the notice to
proceed.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services shall not exceed $8,935, as set forth in
Exhibit A, attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
1 Attachment 2
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.
2
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
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
3
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
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
4
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 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 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 (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Keith Van Der Maaten
Public Works & Utilities Director
To Consultant: McKeehan Environmental Consultants, Inc.
252 Calle Cuervo
San Clemente, CA 92672
Attn: Judy McKeehan
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
5
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.
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:
Hans Van Ligten, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:-:-:------------
Mayor:
MCKEEHAN ENVIRONMENTAL CONSULTANTS
By: ______________________ ___
Judy McKeehan, Principal
7
McKeehan Environmental Consultants
* Archaeology
o Paleontology
0 Environmental Compliance
November 3, 2014
Sent by E-mail:
Michael Marquis
Associate Civil Engineer
32400 Paseo Adelanto
City of San juan Capistrano
San juan Capistrano, CA 92672
mmarquis@sanjuancapistrano.org
Judy McKeehan, RPA
252 Calle Cuervo
San Clemente, CA 92672
949.573.3308
jdmckeehan@sbcg!obal.net
RE: Archaeological and Native American MonitoringNorthwest Open Space Park Phase
1, Sanitary Sewer Improvements Project
Dear Mr. Marquis:
McKeehan Environmental Consultants (MEC) is pleased to respond to your request to provide
qualified and experienced archaeological, paleontological, and Native American monitoring
services for Northwest Open Spance Park Phase 1 Sanitary Sewer Improvements Project, 29943
Camino Capistrano (APN 121050-03) in the City of San juan Capistrano, Orange County. MEC is
familiar with the previous archaeological, paleontological, and Native American studies pertinent
to the specific area.
All work will be conducted in conformance with the project's MMRP SC/MM 4.5.1 a-d, the City of
San juan Capistrano Historical Archaeological Element of the City General Plan, Section 9-2.201 of
the Municipal Code, and City Council Resolutions, Council Policy for Paleontological Resource
Management as well as the operating CEQA sections (e.g. 15148 and 15150), Public Resources
Code Sections (5097.94.-9-.98,-99), and supplementary State regulations. Evaluation and
determination of appropriate treatment shall follow the steps outlined in City Policy 601.
Archaeological monitoring will be supervised by qualified archeologist, judy McKeehan, who has
25 years of experience in the City of San juan Capistrano. She is the authorized archaeologist for
Mission San juan Capistrano, the San juan Capistrano Historical Society, and the San juan
Capistrano Open Space Foundation.
Mr. Mike Gastellum of the juanefio Band of Mission Indians, who has over 10 years of experience
coordinating Native American issues with with local archaeologists will act as the Native
American monitor.
Scope of Work:
Task 1, Preconstmction Meeting
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL Exhibit A
Mcl<eehan Environmental Consultants
The archaeologist will be in attendance at the preconstruction meeting to explain the cultural
resources sensitivity of the project site and the methods and procedures that will be utilized to
protect them during construction.
Task 2. Cultural Resources Monitoring
The arcbaeological, paleontological, and Native American monitors will be required to follow all
written and verbal safety instructions from the construction contractor at all times. The monitor will
work closely with the City and its contractor to avoid imminent destruction of potentially significant
resources, if necessary.
Tasks will include:
• Observing activities with respect to permit requirements and mitigation measures;
• Documenting and reporting on field observations of activities carried out, construction
and mitigation techniques, success of the techniques, and recommendations for solutions
to problems encountered.
Task 2. Cultural Resources Technical Reports
A Negative Cultural Resources Report will be written following Office of Historic Preservation
format and content guidelines, which provides the results of monitoring. The report will also
present recommendations for further work, if needed, to evaluate any cultural resources that may
have been identified. One draft of this report and figures will be submitted electronically for
review. Upon receipt of comments on the draft document, MEC will incorporate input and
produce the final report. MEC assumes that only one round of review will be necessary. One
hardcopy and one electronic copy of the finalreport will be produced.
A negative final archaeological report will be provided to the City and to the South Central Coastal
Information Center (SCIC) at Cal State Fullerton as required by law the negative paleontological
report will be provided to the Cooper Center, the Orange County Paleontological Facility at CSU
Fullterton, and to the Los Angeles County Natural History Museum. MEC will be available to provide
assessment, evaluation or recovery of any additional resources on a time-and-materials basis at
additional cost if potentially significant resources are found. Evaluation and determination of
appropriate treatment shall follow the steps outlined in City Policy 601.
Archaeology and paleontology monitoring will not be duplicated. Only one
archaeologicaljpaleontological monitor will be present at any time. The supervising archaeologist
and paleontologist will assure that the appropriate monitor is present; in addidtion, cross-trained
monitors will be assigned.
The project cost below is based on estimated hours necessary to complete the construction phase
of the project. If the schedule exceeds present estimates, additional hours will be charged at the
stated rates on a time-and-materials basis. Time is charged only while on site. No travel time or
expenses will be charged.
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL 2
Mcl<eehan Environmental Consultants
Cost Estimate:
-···-----
Task Rate Hours Amount
---~-·--·---~~ -----------------
Task 1: Preconstruction Meeting
Archaeological Monitor 65.00 1 $65.00
Task 2: Monitoring
Archaeological Monitor 65.00 64 $4160.00
Native American Monitor 65.00 16 $4160.00
Task 2: Negative Report
Archaeological Report (Negative) $ 550.00
Mileage Included 0
--·------~·------------~---·---·-·-~---------~~~--~--~--
Total
$8935.00
McKeehan Environmental Consultants is proud to provide consulting services of the highest
quality and efficiency. Please do not hesitate to contact me to discuss our services in more detail.
We look forward to working with you on this project.
(d#rJFL
judy McKeehan, M.A., RPA
Principal
MCKEEHAN ENVIRONMENTAL CONSULTANTS PROPOSAL 3
LICENSE FOR SEWER CONNECTION BETWEEN LICENSOR MOULTON
NIGUEL WATER DISTRICT AND LICENSEE THE CITY OF SAN JUAN
CAPISTRANO (North West Open Space)
THE LICENSE is made and entered into this day of_, 2014, by and between
MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as "MNWD",
formed and existing pursuant to the California Water District Law, Division13 of the
Water Code of the State of California, and the CITY OF SAN JUAN CAPISTRANO,
a municipal corporation of the State of California hereinafter referred to as "SJC".
MNWD and SJC may be referred to in this License individually as "party" or
together as "parties."
RECITALS
A SJC proposes to develop, maintain and operate a public park and
public recreational facilities at an 11 acre parcel, known as the North West Open
Space. All of which are hereinafter referred to as "NWOS".
B. All of the NWOS is located in SJC, and not within the boundaries of
MNWD.
C. SJC does not have a sewer system that can accommodate the
wastewater output of the NWOS, nor could SJC accommodate any wastewater
output from the NWOS without the construction of a pumping facility and force
main sewer pipeline.
D. SJC desires that MNWD provide wastewater disposal facilities
including treatment capacity for use by SJC for SJC's sewer service to the
NWOS, in addition to a connection currently in place for sewer service from the
NWOS well discharge line.
E. As an accommodation to SJC, MNWD agrees to grant SJC a license
to permit SJC to dispose of wastewater generated by the use of the NWOS into
the MNWD sewer system through connection to the 36-inch Oso Trabuco Trunk
Sewer, a pipeline facility owned by MNWD and Santa Margarita Water District
(SMWD) and operated by MNWD, with subsequent disposal to the SOCWA J. B.
Latham Treatment Plant (sometimes referred to for purposes of this License as
the "MNWD Sewer System"), under the terms and conditions described
specifically in this License.
AGREEMENT
IN CONSIDERATION of the promises and mutual covenants contained
herein, the parties agree as follows:
1. License. MNWD agrees SJC has the right and license to permit the
NWOS to dispose of its wastewater in the MNWD Sewer System described in this
Attachment 3
License, subject to the limitations on such license and use set forth in this Section
and in accordance with the other terms and conditions in this License. To the
extent there are any existing connections to MNWD's sewer system currently
used by the NWOS (or, by parcels owned by SJC and used for public park and
recreation purposes adjacent and I or related to the NWOS), the terms and
conditions of this License are made applicable to such existing connection and
parcels.
2. location of Connection. The connection between the Oso Trabuco
Pipeline and the proposed 8-inch sewer lateral pipeline servicing NWOS to be
owned and operated by SJC (the "SJC Sewer Pipeline") shall be at a proposed
sewer manhole located in the central west edge of the NWOS. The general location
of the point of this connection is depicted in Exhibit "A." The final, specific location
shall be approved by the Director of Engineering and Operations of MNWD prior to
any construction or installation of connection facilities; provided, SJC remains
responsible for the design and planning of the connection facilities and shall
indemnify MNWD therefore pursuant to Section 7 and MNWD assumes no
responsibility or liability therefore by reason of its' review and or approval of such
connection.
3. Maintenance of the SJC Sewer Pipeline. The design, planning,
construction, operation and maintenance of the SJC sewer pipeline servicing the
NWOS shall be the responsibility of SJC, and such activity shall not materially
affect or interfere with MNWD's (and SMWD's) continued use of the Oso Trabuco
Pipeline, or any other sewer facilities owned, operated or used by MNWD.
4. .Capacity and Units Served. SJC agrees that no buildings other than
the one existing historic residential structure and two planned restrooms in the
NWOS Park will be served through the Oso Trabuco Pipeline connection and the
MNWD Sewer System. SJC further agrees that no additional buildings or structures
in the NWOS of any kind will be served by the Oso Trabuco Pipeline connection or
the MNWD Sewer System pursuant to this License without the prior written
permission of MNWD, and may be subject to amendment of this license, as
determined by MNWD in its sole discretion. SJC acknowledges and agrees that
at all times SJC wastewater flows in the MNWD Sewer System will be subservient
to the requirements of MNWD.
5. Fees. SJC agrees that prior to, or concurrently with, the MNWD
Director of Engineering and Operation's approval of the connection location
referred to in Section 2 above, SJC shall pay MNWD all applicable sewer
connection fees in amounts set forth by the MNWD Sewer Connection Fee
Schedule current at that time.
In addition, SJC agrees that it will pay MNWD an annual license fee payable
semiannually no later than the last day in March and in September of each year
which shall be determined as follows:
2
Not later than the last day in February and in August of each year, SJC will
submit to MNWD records of monthly domestic meter reads for the previous six (6)
months for all SJC domestic meters for the downstream flows that utilize the
connection in NWOS to the MNWD Sewer System. MNWD will bill SJC for the
semiannual license fee amount during the first two weeks in each March and
September, which amount shall be determined by taking the monthly meter read
totals submitted by SJC, and calculating the product resulting from those total flows
multiplied by MNWD's current commercial sewer usage rates and basic sewer
charges, in accordance with MNWD's standard calculation method for sewer
service rates and charges under its rules and regulations.
6. Compliance with Rules and Regulations. SJC, as the owner and
operator of the NWOS public park and related facilities referred to in this License,
agrees to comply with and abide by, all rules and regulations of MNWD and those
imposed by any governmental authority or public agency relating to the SJC Sewer
Pipeline, the MNWD Sewer System, and sewer service to the NWOS. SJC further
agrees that it shall meet all wastewater discharge requirements and conditions of
any applicable NPDES permits and all MNWD/ SOCWA pre-treatment ordinances
and permits to ensure that the NWOS's wastewater delivered to the MNWD Sewer
System is free of any substance which would preclude MNWD from meeting and
complying with any waste discharge requirements or any condition of any
applicable NPDES permits and pre-treatment ordinances and rules. SJC agrees
that for purposes of ensuring such compliance, SJC is the enforcing agency should
any enforcement action be necessary as to the NWOS property, and that any
sewage spills as a result of operation of the SJC Sewer Pipeline and the
connection to the Oso Trabuco Pipeline shall be SJC's sole responsibility including
all cleanup, reporting and other requirements that apply under all local, State and
federal law, rules and regulations, permits, orders or any other regulatory
requirements in effecL
7. Indemnity. SJC agrees to indemnify, defend and hold harmless MNWD
and MNWD's directors, officers, employees and agents from any and all claims,
costs, liabilities, attorney's fees or damages incurred by MNWD arising out of or
resulting frorn, or in connection with, the provision of sewer service to the NWOS
including SJC's use of the connection to the Oso Trabuco Pipeline and of the
MNWD Sewer System, including but not limited to penalties or fines imposed by a
regulatory agency and/or court. In the event any claim or legal action is asserted
against MNWD as a result of, or any regulatory proceeding is conducted relative to,
sewer service to the NWOS including SJC's use of or discharge to the connection
to the Oso Trabuco Pipeline and the MNWD Sewer System, SJC agrees that it
shall defend MNWD and its' directors, officers, employees and agents, and shall be
responsible for payment of any fines or penalties, and for satisfaction or judgment,
whether by decree, settlement of court order, including but not limited to any
penalties or fines imposed by a regulatory agency, or through any regulatory
proceeding, and any attorney's fees or costs.
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8. Grant Funding. The parties acknowledge that portion of the Oso
Trabuco Pipeline was funded by grants from the United States Environmental
Protection Agency (EPA) and the State Water Resourced Control Board
(SWRCB). In the event the EPA of SWRCB questions, challenges, or in any other
manner raises doubts as the utilization of the Oso Trabuco Pipeline by SJC, or
requests refunding of any prior grant funds by reason thereof, SJC agrees that is
shall disconnect the SJC Sewer Pipeline and any related facilities from the MNWD
Sewer System upon written request by MNWD.
9. Termination -Health and Safety. In addition to the termination right set
forth in Section 8, in the event MNWD determines the continued acceptance of
wastewater from NWOS to the MNWD Sewer System raises health or safety
concerns, MNWD shall have the right to terminate this License upon six (6) months
prior written notice to SJC; provided, in the event of a health or safety emergency,
or regulatory mandate, MNWD will be required to provide only that prior notice
reasonably possible under the circumstances.
10. Attorney's Fees. If either party hereto commences any action to enforce
any provision of this License, the prevailing party shall be entitled to reasonable
attorney's fees.
11 . Successor's Assignment. This License will be binding upon and inure
to the benefit of the parties' successors hereto. SJC shall not assign its rights
and obligations hereunder without the prior written notice to, and the written
consent of, MNWD.
12. Waiver. The failure of either party to insist on compliance with any of
the terms, covenants, or conditions of this License by the other party shall not be
deemed a waiver of such terms, covenants or conditions, nor shall any waiver or
relinquishment of any right or power conferred by this License at any other time, or
times, by a party be deemed a waiver or relinquishment of that right or power for all
or any other times.
13. Severability. If any part of this License is held to be illegal or
unenforceable or void for any reason by a court of competent jurisdiction, the
validity of enforceability of this License as a whole shall not be affected and the
remainder and all other provisions of this License shall be given affect to the
maximum extent permissible by law.
14. Entire Agreement; Recitals. This License supersedes any and all
agreements between the parties with respect to the subject matter herein, and
contains the entire agreement between the parties with respect to those matters.
The parties agree the above Recitals are true and correct, and the Recitals are
4
incorporated herein and made a part of this License.
15. Amendment. No addition to or modification of any provision contained
in this License shall be effective unless fully set forth in a writing signed by both
parties.
16. Notice. Any notice required or permitted to be given hereunder shall be
deemed to have been validly given or made only if in writing and when received by
the party to whom it is directed by personal service, hand delivery, or United States
Mail as follows:
If to MNWD: Mr. Marc Serna, Director of Engineering and
Operations
If to SJC:
Moulton Niguel Water District
27500 La Paz Road
Laguna Niguel, CA 92677
Mr. Keith VanDer Maaten, P.E.,
Public Works and Utilities Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
17. Facsimiles and Counterparts. This License 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 have the same force and effect as if they were original signatures.
18. No Third Party Beneficiary. Nothing contained in this License is
intended to confer, nor shall this License be construed as conferring, any rights,
including, without limitation, any rights as a third-party beneficiary or otherwise,
upon any entity or person not a party to this License.
5
Either party may change its address above at any time by written notice to the other.
IN WITNESS WHEREOF, the parties hereto have executed this License as of the date
first written above.
MOULTON NIGUEL WATER DISTRICT
By:
Pres~id~e-n~U~V~ic-e--~P~r-e-s~id~e-n~t-------
By:~---------
Secretary
APPROVED AS TO FORM:
Bowie, Ameson, Wiles & Giannonne
By:
Gen-e-ra~I~C~o_u_n_s_e~l --------------
CITY OF SAN JUAN CAPISTRANO
By:----:-:---------
Mayor
ATTEST:
By:
Maria Morris, City Clerk
6