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18-0320_MUNICIPAL UNDERGROUND SERVICES, INC._Agenda Report_E7City of San Juan Capistrano Agenda Report TO : Honorable Mayor and Members of the City Council FROM: ;::Jtfenjamin Siegel, City Manager SUBMITTED BY : Steve May, Public Works and Utilities Director .d/ltUL- PREPARED BY: Michael Marquis, P.E., Associate Civil Engineer DATE: March 20, 2018 3/20/2018 E7 SUBJECT: Amendments to Personal Services Agreements for Sewer and Storm Drain Inspection and Maintenance Services (Municipal Underground Services Inc.) RECOMMENDATIONS: 1 . Approve and authorize the City Manager to execute an Amendment to the Personal Services Agreement with Municipal Underground Services Inc. for Sewer Inspection and Maintenance Services, extending the current Agreement to June 30, 2018; and, 2. Approve and authorize the City Manager to execute an Amendment to the Personal Services Agreement with Municipal Underground Services Inc. for Storm Drain Inspection and Maintenance Services, extending the current Agreement to June 30, 2018. DISCUSSION/ANALYSIS: The City has had two agreements with Municipal Underground Services Inc. (MUS I) since 2012; one agreement for storm drain maintenance, and one agreement for sewer maintenance. The maintenance work generally involves cleaning and inspection to ensure unobstructed flow in storm drains and sewer lines. These agreements have been extended three times by Amendments 1 through 3 as provided for in the original agreements, and expire on March 20, 2018. The maintenance work has been competitively bid, with bids scheduled to be received by March 21, 2018. It is expected that new maintenance agreements will be presented to the City Council for approval in April, and that the new agreements will be effective on July 1, the start of the fiscal year. In the interim, it is recommended that the current agreements with MUSI be extended to June 30, 2018, under the current agreement terms. The attached Amendments for each agreement (Attachments 1 and 2) provide for these recommended extensions. The original agreements are included as Attachments 3 and 4 ). City Council Agenda Report March 20, 2018 Page 2 of 2 FISCAL IMPACT: The recommended extensions of the maintenance agreements to June 30, 2018, will have no additional fiscal impact, as the funds for the anticipated work over the extended term of the agreements (1 01 days) is available in the current operating budgets for sewer and storm drain maintenance. ENVIRONMENTAL IMPACT : The maintenance activities to be performed under the recommended agreements are exempt from CEQA per Section 15061 (b)(3), which is the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question can have a significant effect on the environment, the activity is not subject to CEQA. The cleaning of sanitary sewer lines and storm drain lines would not be activities with potential to cause significant effect on the environment, and therefore are exempt from CEQA. PRIOR CITY COUNCIL REVIEW : • On March 20, 2012, the City Council approved two personal services agreements with Municipal Underground Services Inc., one for storm drain inspection and maintenance, and one for sanitary sewer inspection and maintenance. • On March 15, 2015, the City Council approved a one year extension for each of the Personal Service Agreements for sewer and storm drain inspection and maintenance services, and authorized the City Manager to execute the two remaining optional one year renewals, contingent upon satisfactory performance of the Contractor. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS : On February 21, 2012, the Utilities Commission recommended that the City Council approve Personal Service Agreements with Municipal Underground Services Inc. for storm drain inspection and maintenance services and for sanitary sewer inspection and maintenance services. ATTACHMENTS: Attachment 1 : Proposed Amendment 4 to Personal Services Agreement for Sewer Inspection and Maintenance Services Attachment 2: Proposed Amendment 4 to Personal Services Agreement for Storm Drain Inspection and Maintenance Services Attachment 3: Personal Services Agreement for Sewer Inspection and Maintenance Services, and Amendments 1 -3. Attachment 4: Personal Services Agreement for Storm Drain Inspection and Maintenance Services, and Amendments 1 -3. FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES THIS FOURTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Municipal Underground Services, Inc., ("Consultant") is made and entered into, to be effective the day of ___ _ 2018, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Sanitary Sewer Maintenance Services (the "Agreement"); and WHEREAS, the City and Consultant previously amended the Agreement pursuant to the THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES (the "Third Amendment"); and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First, Second, and Third Amendments; and WHEREAS, the City and Consultant desire to further amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 2, Term, as follows: Section 2, Term, will be amended to remove the text in its entirety and replace with the following: "This agreement shall be valid beginning on the effective date of this Amendment, and shall terminate on June 30, 2018. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. 540028.1 61147.02100\10229925.1 -1- ATTACHMENT 1 Page 1 of 2 SIGNATURE PAGE FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES ATIEST: By: __________________ _ Maria Morris, City Clerk APPROVED AS TO FORM: B ~~ 0 _;..--. crt; ttorne?" 540028 I 61147.00150130615698.1 -2- CITY OF SAN JUAN CAPISTRANO By: ______________________ __ Benjamin Siegel, City Manager CONSULTANT By : _________________ _ David Boutelle, President Municipal Underground Services Inc. ATTACHMENT 1 Page 2 of 2 FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES THIS FOURTH AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Municipal Underground Services , Inc ., ("Consultant") is made and entered into, to be effective the day of ___ _ 2018, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Storm Drain Maintenance Services (the "Agreement"); and WHEREAS, the City and Consultant previously amended the Agreement pursuant to the THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES (the "Third Amendment"); and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First, Second , and Third Amendments ; and WHEREAS, the City and Consultant desire to further amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 2, Term, as follows: Section 2, Term, will be amended to remove the text in its entirety and replace with the following: "This agreement shall be valid beginning on the effective date of this Amendment, and shall terminate on June 30, 2018. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. 540028.1 61147 .02100\10229925 .1 -1- ATTACHMENT 2 Page 1 of 2 SIGNATURE PAGE FOURTH AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES ATTEST: By : __________________ __ Maria Morris, City Clerk APPROVED AS TO FORM: By:Q 1J&~== ityAorney 540028. I 61147.00150\30615732.1 -2- CITY OF SAN JUAN CAPISTRANO By: ______________________ __ Benjamin Siegel, City Manager CONSULTANT By: __________________ _ David Boutelle, President Municipal Underground Services Inc. ATTACHMENT 2 Page 2 of 2 PERSONAL SERVICES AGREEMENT THIS AGR EE MEN T is made , entered into , and shall become effect ive th is < __ u, day of /W C(\2012 , by and between the City of San Juan Capistrano {he re inafter refe ,:red e.. as the "City") and Mun ic ipal Underground Services Incorporated (h e rein after referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide sanitary sewer cleaning, videoing and maintenance services; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such · services . NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in the City's Request for Proposals, dated December 2011, incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall be valid for a term of three (3) years and terminate on March 19, 2015 . The City will consider granting, at its discretion up to three (3) additional one (1) year option renewals based upon satisfactory performance of Consultant. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for sanitary sewer cleaning, videoing and maintenance services, payable at the rates as set forth in Exhibit "A", attached and incorporated herein by reference . There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall Issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed . ATTACHMENT 3 Page 1 of 23 3.2 Method of Paymenl Subject to Section 3.1, Consultant shall submit monthly Invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved Invoices In accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for In Section 16 below. Section 4. Independent Contracto[, 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. Page 2 of 7 ATTACHMENT 3 Page 2 of 23 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, dffliculties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those Inherent in the work or as represented by City, It shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinan~es, codes and regulations of federal, state and local government. Section 1Q, 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. SectJon 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. Page 3 of7 ATTACHMENT 3 Page 3 of 23 Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and Its elective and appointive boards, officers , agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, ~ncludlng ~ttorneys' fees, for Injury or death of any person, or damages of any nature, InCluding rnterference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or Intentional wrongful conduct of Consu ltant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that Is acceptable to the City, the Insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers In good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehens i ve 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 Page 4 of7 ATTACHMENT 3 Page 4 of 23 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 en~orsement naming City, its officers, employees, agents, and volunteers as additional Insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consunant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, Its officers, employees, agents, or volunteers. 14.5 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, untO after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given If there Is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all Insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty {30) days' advance written notice of termination to Consultant. Page 5 of7 ATTACHMENT 3 Page 5 of 23 _In addition, this Agreement may be terminated by any party for cause by provld1ng ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juah Capistrano, CA 92675 Attn: Keith Van Der Masten, Utilities Director Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 Section 17. Attorneys' Fees. If any action at law or In equity Is necessary to enforce or Interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements In addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] Page 6 of7 ATTACHMENT 3 Page 6 of 23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. -· APPROVED AS TO FO OwltjiJa4Lfi1·.;;,> o Omar Sand ~al, City Attorney CITY OF SAN JUAN CAPIST ANO / y CO~TANT ., C-ct ~ ~1{(.:::/:tf/ Page 7 of 7 ATTACHMENT 3 Page 7 of 23 Exhibit 11A" CONSTRUCTION SERVICES BID RESPONSE FORM From: ffi~.tn\ e:, p:a\ Unde.-j~ 0 U)'\J.. Se.--v: c..e:;)J;,.(. CONTRACTOR To the Honorable City Council City of San Juan Capistrano Council Members: The undersigned, as Proposer, declares that he has carefully examined the location of the proposed work as described, examined the General Provisions and Specifications, read the Instructions to Proposers, and is familiar with all requirements, and hereby proposes and agrees, If the Proposal Is accepted, to complete said contract in accordance with the Contract Documents for the following services: Routine Work.Prlce Per Linear Foot Item of Wort< Year 1 CCTV vfdeolng of City Sewer and #'55' Drain Lines-$/per LF Year2 .'i~ Year3 , 'i tJ ATTAC~~IT A Page 8 of 23 I -c , 1-c , 11: ' .::11 jij(f /$-SSUI1 JeMeg ~10 jO 15UIU8810 ATTACHMENT 3 Page 9 of 23 Emergency Work-Hourly Rate (Two Man Crew) Cost to do sewer cleaning or other sewer line work at hours other than stated as nonnal ·working hours per the specifications. Price shall Include all labor, material, trucks, equipment, and disposal costs. Year1 Unit Price Per Hour FOR FIRST I q S',oo TWO HOURS..SIHR 3 Year2 Year3 I~ J'. o o 1'15'.00 ATTACHMENT 3 Page 10 of 23 oo '..9 b, 0 0 'j h 1 OO'}h J ~HI~~3l~M3H!UOOH H~V3 HO:J JnoH J&d a=)IJd lfUO ATTACHMENT 3 Page 11 of 23 Emergency Work-Hourly Rate (Three Man Craw) Cost to do sewer cleaning or other sewer line work at hours other than stated as normal working hours per the specifications. Price shall lnaude all labor, malarial, trucks, equipment and disposal costs. Year1 Unit Price Per Hour FOR FIRS T ~ ~!l'.tJo TWO HOURS.$/H R 5 Year2 Year3 ' ~25'.00 :ll.-{. 0 0 ATTACHMENT 3 Page 12 of 23 Unit Prfce Per Hour FOR EACH 'l !:! 5', D 0 HOUR THEREAFTER4/HR P< 2~'). 0 0 :L '2-5"". 0 0 Callout Response Time: The estimated response time to call outs (during working hours): \b\~t-~ (3o) rvr,h""+-l~ o<' lt:.-s~. The estimat~ response time to call outs (after work ing hours): -(~-~I{ -\-i (.., t>) 1-o ~o~-\-i ~-, VG l'-t ~) vn-. hu tes I Materials Markup: Estimated Markup for Materials: ~l ~~-i'-o ___________ _ 6 ATTACHMENT 3 Page 13 of 23 If the contract fs awarded, the undersigned agrees to enter into an agreement with the City and to commence work wHhln fifteen (15) calendar days from the date of execution thereof. It Is anticipated that the date to commence work shall be {DATE}. It Is understood that the City reserves the right to Increase or decrease the frequency of any Item or portion of the woiX or to omit portions of the work as may be deemed necessary by the Utilities Director. The contract amount shall be adjusted to reflect these changes. It is also understood by Proposer that the City of San Juan Caplsb'ano ·has the right to reject this Proposal or to award an agreement to the undersigned at the prices stipulated. ~ature of Proposer: C-6J66{} !>~ c.v ·, cl BoLl..\-e\\~ .... 9~..t4)\ t\~"'-~. d \··I S -}- -A--~~\,?. V\c_(... r r-l) , · e"' 1 C('f'-e ClK'j (If an indlvi ual, so state. If a firm or co-partnership, state the finn name and give the names of all Individual co-partners composing the finn: President, Secretary, Treasurer, and Manager thereof.) Dated: (fd nv '(W'j ~ <6 2..c i'"l-~ ~ 5" \\ l~ r -e ~ k.~ h v \ J 5 'C. bv, J L. ~ 4 u "r\ A-V\ \ ~ v<. \ C ~ G\ '2-u 11 Busines~ Address Dated: fchv dt\-j \ ~ 1 2o l2. '\ Y. ~ -? lP 4 -'"3 ~ 2. o Telephone Number Further, the undersigned Proposer certifies that he has thoroughly checked the figures set forth In this Proposal, that they are correct to the best of his knowledge and that they constitute his Proposal for the work called out herein. Datect"S~\J~':'\ \)')·Lo\L-~~$"\\ Ore.ekenv-·, &.~ e Vr. l,.. 21 ~ Ll Y\ A_ VY, ~ V'"'(' I c A C1 "::L.I.I/7 Business Address Datec:t: ~ ~h J ~_,. =J ~<a 1 k\ 2-C\:'1.1-?> ~ l1-? 9 2. c Telephone Number STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 7 ATTACHMENT 3 Page 14 of 23 Proposer's Name Company Name 2 . ~l.'l S" \\ Orec.kerw\d.je. l>Mc 1 L2-~U na_(J',j v-e\ C 14 q2~,o1· Business Address Business Telephone Number 4. List at least four (4) Contracts of a similar type, either currently held or held within the past 36 months. From _to_ City/Company Contact Person Contract Amount ~ o o \ -~.,est=~-\--6cS"G cf os h ·t.L. \',o. f\s ~ e.-edeJ ~ o o \ -Q r -ts< "'.\--l: ~ 0 v a.\n -e \b '~" UJ ~., t\~ ~!, ~ 2-o o \-;to\\ ~-, ~ ~-~ \ o.. CA' t f";'lt ~V\o\Jks b Nli~ ~oo\-P(!~en\---7c..W,b. ~(n·,e_ haYL'~ ~o f\:s ~<ac1~ ~0 D \ -~ ("~~e~ ~' v. s I D I \)z.h ~b\'\lS e-a i\~ ~-u.Ll. Signature ffi UV\-, 6 e ·a_\ ~h tLvgvu li~Lt Serv:~ "J:;..(. . Company LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 8 ATTACHMENT 3 Page 15 of 23 Proposer's Name 3. Business Telephone Number 4. List equipment owned by the quoting firm that Is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. \'\l\ 1 \JAvC.o~ '\ 'f~vc:l ~cvn\f,~~.\1 Dh -rvt.Ac.k... ~oc 2.. ~Y\l.. .... Lo~ S' ~~..,J. Lctr\\o ·, "'~~\ o\o\ \v-u.t.l<- ;.2. o o I ""o"' 5 c ose.., ~e.~ ..\-ev-\ v u. c.\<..... Signature 9 ATTACHMENT 3 Page 16 of 23 First Amendment to Personal Services Agreement for Sanitary Sewer Maintenance Services with Municipal Underground Services Inc. THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Municipal Vn~erground 1V\'vice~. Inc. ("Consultant") is made and entered into, to be effective the \ ft:)... day of 6\'f"(...-V\ • 2015, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Sanitary Sewer Cleaning, Videoing and Maintenance Services; and WHEREAS, the City and Contractor desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Sections 1 and 2 of the Agreement, and to add Section 20 as follows: Section 1, Scope of Work, will be amended to remove the first sentence and replace it with. the following sentence: "The scope of work to be performed by the contractor shall consist of those tasks as set forth in the City's request for proposals, dated December 2011 and incorporated herein by reference, and services shall be compatible with the City's geographical information systems through integration with video inspection and sewer system asset management software. Section 2, Term will be amended to remove the text in its entirety and replace with the following: ,·'This agreement shall be valid for a term of one (1) year and terminate on March 19, 2016. The City will consider granting, at its discretion up to two (2) additional one (1) year renewals based upon satisfactory performance of Consultant." 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." All other provisions of the Agreement not amended hereunder shall remain in full force and effect. Signature Page Follows ATTACHMENT 3 Page 17 of 23 First Amendment to Personal Services Agreement for Sanitary Sewer Maintenance Services with Municipal Underground Services Inc. ATTEST:·. l APPRO.MlED AS TO F QRM: ::.7 -_/ _.,... _..#~;;~.-~%/ d-· By: ~:;.~.<-<'-""7 . _/ " City Attorney CITY OF SAN JUAN CAPISTRANO By: &vJ_ (Z».-i:J...L Derek Reeve, Mayor CONTRACTOR By : ______________________ __ David Boutelle, President Municipal Underground Services, Inc. ATTACHMENT 3 Page 18 of 23 First Amendment to Personal Services Agreement for Sanitary Sewer Maintenance Services with Municipal Underground Services Inc. ATIEST: By: __________ ~------------ Maria Morris, City Clerk APPROVED AS TO FORM : By: ________________________ _ City Attorney CITY OF SAN JUAN CAPISTRANO By: ______________________ ___ Derek Reeve, Mayor CONTRA~0&::-4 B y @-?Jo-v~~----- David Boutelle , P resid¥rl't Municipal Underground Services, Inc. ATTACHMENT 3 Page 19 of 23 SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES THIS SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Municipa ~dergro l\tServi V\, Inc., ("Consultant") is made and entered into, to be effective the I ~ day of Q.( C. , 2016, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Sanitary Sewer Maintenance Services (the "Agreement"); and WHEREAS, the City and Consultant previously amended the Agreement pursuant to the FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES (the "First Amendment"); and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First Amendment; and WHEREAS, the City and Consultant desire to further amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration ofthe promises and mutual covenants contained therein, City and Consultant agree to amend Section 2, Term, as follows: Section 2, Term, will be amended to remove the text in its entirety and replace with the following: "This agreement shall be valid for a term of one (1) year and terminate on March 18, 2017. The City will consider granting, at its discretion the remaining optional one (1) year renewal based upon satisfactory performance of the Consultant. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. 540028.1 61147.02100\10229925.1 -1- ATTACHMENT 3 Page 20 of 23 540021.l 61147.02100\10229925.1 RANO ~TAN~ A : ~/__)(/'~ David Boutelle, President Municipal Underground Services Inc. ATTACHMENT 3 Page 21 of 23 THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN J UAN CAPI ST RANO ("C ity") and M u n icip ~I)J nd e rg r o tl~rvic~;i> Inc ., ("Consultan t") is m ade and entered into , to be effe ctive the ~da y of tfar ='t.c..017 , as follows : RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 far Sanitary Sewer Maintenance Services (the "Agreement"); and WHEREAS, the City and Consultant previously amended the Agreement pursuant to the SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR SANITARY SEWER MAINTENANCE SERVICES (the "Second Amendment"): and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First and Second Amendments; and WHEREAS, the City and Consultant desire to further amend the terms of the Agreement as provided hereunder. AMENDMENT NOW. THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 1, Scope of Work. and Section 2, Term, as follows: Section 1. Scope of Work, will be amended to remove the first sentence and replace it with the following : "the scope of work to be performed by the contractor shall consist of those tasks as set forth in the City's request for Proposals dated December 2011, and incorporated herein by reference, and services shall include purchase, installation, implementation, training and maintenance of the Cues Granite Net Software and National Association of Sewer Service Companies (NASSCO) pipeline assessment and certification program module and license, and a\1 necessary software, hardware , licenses. training, support, maintenance, improvements and modifications as required for delivery of geographic information systems (GIS) data, CCTV videos and reports that are fully compliant with the reporting forms generated by the software , and that will upon submittal, automatically update specific fields within the City's GIS database to the satisfaction of the City and as defined and established by the software manufacturer during the implementation process . The Consultant shall have the product(s) fully operational and in service on or before May 1, 2017. Section 2, Term, will be amended to remove the text in its entirety and replace with the following : "This agreement shall be valid for a term of one (1) year and terminate on March 18, 2018, pursuant to the conditions outlined in the Scope of Work section above . 5~0028 I 61147 .02100\10228825.1 -1- ATTACHMENT 3 Page 22 of 23 All other provisions of the Agreement not amended hereunder shall remain in full force and effect. APPROVED AS TO FORM: S40028.1 61147.02100\10229925.1 -2- T RANO CONSULTANT ' By~~~ David Boutelle, President Municipal Underground Services Inc. ATTACHMENT 3 Page 23 of 23 PERSONAL SERVICES AGREEMENT ~ T/tS AGREEMENT is made, entered into, and shall become effective this j..O day of tt~, 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Municipal Underground Services Incorporated (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide storm drain cleaning, videoing and maintenance services; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Contractor shall consist of those tasks as set forth in the City's Request for Proposals, dated January 2012, incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term . This Agreement shall be valid for a term of three (3) years and terminate on March 19, 2015. The City will consider granting, at its discretion up to three (3) additional one (1) year option renewals based upon satisfactory performance of Consultant. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for storm drain cleaning, videoing and maintenance services, payable at the rates· as set forth in Exhibit "A", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. ATTACHMENT 4 Page 1 of 21 3.2 Method of Paymenl Subject to Section 3.1, Consultant shall submit monthly Invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved Invoices In accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for In Section 16 below. Section 4. Independent Contractor. It Is agreed that C6nsultant 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 shaD 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. Page 2 of7 ATTACHMENT 4 Page 2 of 21 By executing this Agreement, Consultant warrants I hat: ( 1) it has investigated the work to be performed; (2) If applicable, It has investigated the work site(s), and Is aware of all conditions there; and (3) It understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordlnan.ces, 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 wort<., 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. Page 3 of7 ATTACHMENT 4 Page 3 of 21 Section 13. Indemnity, To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and Its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, Including attorneys• fees, for Injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or In any way connected with the negligence, recklessness and/or Intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that Is acceptable to the City, the Insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain In full force and effect Comprehensive Automobile Liability coverage, including owned, hired Page 4 of7 ATTACHMENT 4 Page 4 of 21 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 enc;torsement naming City, its officers, employees, agents, and volunteers as additional Insured as respects each of the following: Liability arising out of activities perfonned by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, Its officers, employees, agents, or volunteers. 14.5 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, untO after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all Insurance requirements of this Agreement. Section 15, Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. Page 5 of7 ATTACHMENT 4 Page 5 of 21 ·'" addition, this Agreement may be terminated by any party for cause by provldmg 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: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juah Capistrano, CA 92675 Attn: Keith Van Der Masten, Utilities Director Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 Section 17. Attorneys' Fees. If any action at law or In equity is necessary to enforce or Interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] Page 6 of7 ATTACHMENT 4 Page 6 of 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Mari a APPROVED AS TO FO CITY OF SAN JUAN CAPIST ANO / v Page 7 of 7 ATTACHMENT 4 Page 7 of 21 Exhibit "A" CONSTRUCTION SERVICES BID RESPONSE FORM From : m l-U\ I c...'\~~\ u hd er-3 Y"Ou .. h d_ t:; c '(' v \ c..e s. j I~c..,. CONTRACTOR To the Honorable City Council City of San Juan Capistrano Council Members: The undersigned, as Proposer, declares that he has carefully examined the location of the proposed work as described, examined the General Provisions and Specifications, read the Instructions to Proposers, and is familiar with all requirements, and hereby proposes and agrees, if the Proposal is accepted, to complete said contract in accordance with the Contract Documents for the following services: Routine Work-Price Per Linear Foot Item of Work Year1 CCTV videoing of City Storm . 5S- Drain Lines-$/per LF Year2 ,<;S" Year3 • ~$"" . A TT ACIHMfH'IliBilT A Page 8 of 21 .s <Z: ~ 5~ .. ..S~' . >.!S~ ~ ~ \ ..... ('\() \;\ ~ ~ '-' 0 'l'J f\0 VJ. ~~ ll'#-.A"G"J\J ?·0\ \\~m ~-'(JG>~0\,0 \A~ '3 ..... Q-1 \A )1 .} 0 1' ~~ ~ ~-" ~ ~ 'd 1\ '->~,r~ ""6 : "t:}--\0 ~ -t :::11 Jed /$-seU!l U!BJO WJO•S At!~ ~0 6U!UB91~ ATTACHMENT 4 Page 9 of 21 Routine Work-Hourly Rate Item of Work Cost to do storm drain cleaning or other storm drain line work at normal working hours per the specifications. Price shall Include all . labor, material, trucks·, eQuipment, and disposal costs. Cleaning of City Storm Drain Lines-$/ oer LF Unit Price Per Hour (FOR EACH HOUR THEREAFTER-$/HR) Emergency Work-Hourty Rate Item of Work City Storm Drain Lines or other line work at hours other than stated as normal working hours per the specifications . Price shall include all labor, material, trucks, equipment, and disposal costs. Unit Price Per Hour (FOR FIRST TWO HOURS-$/HR) Unit Price Per Hour (FOR EACH HOUR THEREAFTER-$/HR) Year1 t ~5' \G\~.00 Year1 \q5.0D l q '5" .. OCJ 3 Year2 Year3 ."35" .. -~ '5" \q5".0D ~ctS".oo Year2 Year3 \ £1 ~. 00 l q s-.oo \ crs-.oo lqS.oO ATTACHMENT 4 Page 10 of 21 Markup Rates The Markup Rate shall not exceed I 5 %. This rate shall be added to materials supplied by Proposer used outside the normal scope of work as described and/or to materials requested by the City. This markup rate shall only apply to materials that have approved by the City in writing before purchasing or shipping. If the contract is awarded, the undersigned agrees to enter into an agreement with the City and to commence work within fifteen (15) calendar days from the date of execution thereof. It is anticipated that the date to commence work shall be March 7, 2012. It is understood that the City reserves the right to increase or decrease the frequency of any item or portion of the work or to omit portions of the work as may be deemed necessary by the Utilities Director. The contract amount shall be adjusted to reflect these changes. It is also understood by Proposer that the City of San Juan Capistrano has the right to reject this Proposal or to award an agreement to the undersigned at the prices stipulated. (If an individual , so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) Dated: 1=-c.k y u.. -a v j <1) 2o\ z_ ?3:2o[ Pa_se o C-ervez..LL-)5-k A "S~n :fiA..d"' C?-{>~ s+V'"~h.O) Cl'\ q "2-&;,75 Business Address Telephone Number Further, the undersigned Proposer certifies that he has thoroughly checked the figures set forth in this Proposal. that they are correct to the best of his knowledge and that they constitute his Proposal for the work called out herein. Dated : 1=-e\ov\.('2¥1 '1. Lc, (__ 7'32ol p llS (C) 0 ev-\ICL.q) -s +c A "5 e.tV\, :r \) a h. co:: ~ f> ... , .s +v~"""-b c. A-cp_ l.t 'l S' Business Address Telephone Number 4 ATTACHMENT 4 Page 11 of 21 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Proposer's Name Company Name 2. 3 . Business Telephone Number 4. List at least four (4) Contracts of a similar type, either currently held or held within the past 36 months. From to -- Signature Contact Person Contract Amount 5 ATTACHMENT 4 Page 12 of 21 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1 . Dc.v\ tl 'bou._te\\{J M'-ln-. ~\~«.. \ \l"'lusv-uuV\tl Sen.1 ;~ ~(.... Proposer's Name Company Name 2 . '? ?'l._ o·1 D Cl seD tev v e Z-tt. J S.U:, \.-e.-t\5a-r-Jua V\ ~o ~'\ sk~ . c~ q 2-G,7~ Busmess Address 3. Business Telephone Number 4. List equipment owned by the quoting firm that is available for use on this contract. Provide type, make and model year. Use additional sheets if necessary. \3ql Vrs·u-c. DN q i a-v&_ c OYY\ lo i Y\dA) Qh \yu.e_k._ Signature 6 ATTACHMENT 4 Page 13 of 21 First Amendment to Personal Services Agreement for Storm Drain Maintenance Services with Municipal Underground Services Inc. THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPIS T RANO ("City") and Munic iQ..aL Undergrounp Serv ices, Inc . ("Consultant") is made and entered in to , to be effective the ~ day of 1/v\,c,V"'c.h , 2015, as follows: RECITALS WHEREAS , the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Storm Dra in Cleaning, Videoing and Maintenance Serv ices; and WHEREAS, the City and Contractor desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Sections of the Agreement, and to add Section 20 as follows : Section 1, Scope of Work, will be amended to remove the first sentence and replace it with the follow i ng sentence : "The scope of work to be performed by the contractor shall consist of those tasks as set forth in the City 's request for proposals, dated December 2011 and incorporated herein by reference, and services shall be compatible with the City's geographical information systems through integration with video inspection and storm drain system asset management software. The scope of work will also include vactor maintenance services for emergency water line repairs which prevents debris and water from entering into the storm drain system. Section 2, Term will be amended to remove the text in its entirety and replace with the following : "This agreement shall be valid for a term of one (1) year and terminate on March 19, 2016. The City will consider granting, at its discretion up to two (2) additional one (1) year renewals based upon satisfactory performance of Consultant. Section 3.1, Compensation , paragraph 3.1 Amount , will be amended to remove the first sentence and replace it with the following sentence : "Total Compensation for the services hereunder shall not exceed the total amount in the City 's adopted fiscal year operating budget for water and sanitary storm drain maintenance services , cleaning , videoing, vactor services, potholing and other miscellaneous maintenance services, payable at the rates set forth in Exhibit 1, attached and incorporated herein by reference . Add 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 ." All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTACHMENT 4 Page 14 of 21 First Amendment to Personal Services Agreement for Storm Drain Maintenance Services with Municipal Underground Services Inc. APPROVED AS TO FORM : /~dl/; By:~A~~~;~,·-~~~~~-·;~£~·,/~~~/~.~-~-·· -_--__ -____ __ City Attorney - CITY OF SAN JUAN CAPISTRANO By: i~z f!-u~A..L Derek Reeve, Mayor CONTRACTOR By: __________________ _ David Boutelle, President Municipal Underground Services, Inc . ATTACHMENT 4 Page 15 of 21 First Amendment to Personal Services Agreement for Storm Drain Maintenance Services with Municipal Underground Services Inc. ATTEST: By :-~--------- Maria Morris, City Clerk APPROVED AS TO FORM: By:----------- Cfty Attorney CITY OF SAN JUAN CAPISTRANO By : ----=----.,..------ Derek Reeve, Mayor /lA)NTRA:Z$ By : ~.v---ntJ-1 --·:=·~~ David Boutelle, President Municipal Underground Services , Inc. ATTACHMENT 4 Page 16 of 21 July 8, 2014 Mr. Josh Lopez City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Municipal Underground Services, Inc. 28511 Bra:l<a1rride Dr., laguna N9-Je!, CA CJ2fJ17 Ph#(949) 364-3920 Gel#(949) 439-1223 Fax#(949) 42%614 Email : mLIS@ rox, ra l..b:flse# 80147 4 Proposal Re: Hydro-Excavation-Water Department Dear Mr. Lopez, Municipal Underground SeNices, tnc. hereby proposes to provide Hydro-Excavation & Clean-Up at the City Water Main & Water Service Repair Projects as directed by the City of San Juan Capistrano Staff. Compensation shall be at the rate of $225 .00 per hour with a two(2) hour minimum . Spoils shall be removed and taken to the City appointed site. Thank you for the opportunity to bid on this project. We look forward to working with you! Authorization to proceed with work: I hereby authorize the above described work at the above listed prfce. I agree to pay 1.5% per month for past due contracts (minimum charge $15.00). In th .e event that collection efforts are initiated against me, I shall pay for all associated fees at the posted rates. By the addition of my signature below , I agree that I have received a copy of this contract and that I have read, understood and agree to the terms listed herein and on the reverse or additional pages . David Boutelle -President Municipal Underground Se!Vices, Inc. Accepted By: Signature Date Print Name Title PO#~· ---------------------- ATTACHMENT !xhibit 1 Page 17 of 21 SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES THIS SECOND AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Municipal WfldergrouQ.d K>~rvrn Inc., ("Consultant") is made and entered into, to be effective the j'A-1'1'cl ay of I ULt. ~ 2016, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Storm Drain Maintenance Services (the "Agreement"); and WHEREAS, the City and Consultant previously amended the Agreement pursuant to the FIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES (the "First Amendment"); and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First Amendment; and WHEREAS, the City and Consultant desire to further amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 2, Term, as follows: Section 2, Term, will be amended to remove the text in its entirety and replace with the following: "This agreement shall be valid for a term of one (1) year and terminate on March 18, 2017. The City will consider granting, at its discretion the remaining optional one ( 1) year renewal based upon satisfactory performance of the Consultant. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. 540028 .1 61147.02100\10229925.1 -1- ATTACHMENT 4 Page 18 of 21 S40028.1 81147.02100\10229925.1 -2- RANO CONSULTANT .,')~~~ "'"'David Boutelle, President Municipal Underground Services Inc. ATTACHMENT 4 Page 19 of 21 THIRD AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES THIS THIRD AMENDMENT TO THE PERSONAL SERVICES AGREEMENT between the CITY OF ~AN JUAN CAPISTR~NO ("City") an~ Munlc ~ ?]ndergro E:L~s, Inc ., ("Consultant") 1s made and entered mto, to be effective the TC. day of tx\1 , 2017, as follows : RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 20, 2012 for Storm Drain Maintenance Services (the "Agreement"); and WHEREAS, the City and Consultant previously amended the Agreement pursuant to the SECOND AMENDMENT TO PERSONAL SERVICES AGREEMENT FOR STORM DRAIN MAINTENANCE SERVICES (the "Second Amendment"); and WHEREAS, all references to the Agreement shall mean the Agreement as amended by the First and Second Amendments; and WHEREAS, the City and Consultant desire to further amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to amend Section 1, Scope of Work, and Section 2, Term, as follows: Section 1, Scope of Work, will be amended to remove the first sentence and replace it with the following : "the scope of work to be performed by the contractor shall consist of those tasks as set forth in the City's request for Proposals dated December 2011, and incorporated herein by reference, and services shall include purchase, installation, implementation, training and maintenance of the Cues Granite Net Software and National Association of Sewer Service Companies (NASSCO) pipeline assessment and certification program module and license, and a\\ necessary software, hardware, licenses, training, support, maintenance, improvements and modifications as required for delivery of geographic information systems (GIS) data, CCTV videos and reports that are fully compliant with the reporting forms generated by the software, and that will upon submittal, automatically update specific fields within the City's GIS database to the satisfaction of the City and as defined and established by the software manufacturer during the implementation process. The Consultant shall have the product(s) fully operational and in service on or before May 1, 2017. Section 2, Term, will be amended to remove the text in its entirety and replace with the following: "This agreement shall be valid for a term of one (1) year and terminate on March 18, 2018, pursuant to the conditions outlined in the Scope of Work section above. H0028 I 61147.02100\10229925.1 -1- ATTACHMENT 4 Page 20 of 21 All other provisions of the Agreement not amended hereunder shall remain in full force and effect. APPROVED AS TO FORM: S~0028 I 61147.02100\10229925 .1 -2- CONSULTANT By: ce;p~,:;i;(;£ David Boutelle, President Municipal Underground Services Inc ATTACHMENT 4 Page 21 of 21