03-0902_GASOLINE RETAIL FACILITIES CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thiaZ day oftth
003,
by and between the City of San Juan Capistrano (hereinafter referred o as ity")
and GASOLINE RETAIL FACILITIES CONSULTING, (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide engineering design and construction administration services to
remove the City's underground fuel storage tanks; 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 Consultant shall consist of those tasks as
set forth in Exhibit 'A" attached and 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. Tenn.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed no later than August 13, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Eight Thousand Two Hundred Thirty dollars ($8,230) as set forth in Exhibit "A," attached
and incorporated herein by reference.
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3.2 Rate Schedule.
The services shall be billed to the City as set forth in Exhibit "A," attached and
incorporated herein by reference. Included within the compensation are all the
Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Notwithstanding the payment terms outlined in Exhibit "A", Consultant shall
submit monthly invoices based on total services, which have been satisfactorily
completed and specifying a percentage of projected completion for approval by the City.
The City will pay monthly progress payments based on approved invoices in
accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 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 City.
Section 4. Independent Contractor.
It is agreed that Consultant 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 Subcontractina and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for 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 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.
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Section 6. Chances to Scone of 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 Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work 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 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. Consultant shall
complete the Scope of Services as set forth in the schedule included in Exhibit "A",
attached and incorporated herein by reference.
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 contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
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. Indemni .
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials 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
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it 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, Consultant shall maintain in full force and
effect Comprehensive General Liability coverage in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
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$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
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 the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's 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 to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
14.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
14.6 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor the
coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City
has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Andrew Paszterko
Gasoline Retail Facilities Consulting
2055 N. Alvarado St.
Los Angeles, CA 90039
Section 17. Attomevs' 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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
R. Monahan, City Clerk
APPROVED AS TO FORM:
oAk &&94
Omar Sandoval,
Deputy City Attorney
7
CITY OF SAN JUAN CAPISTRANO
By:
Pamela Gibson
Interim City Manager
CONSULTANT
r
By: --�
Qndrew Paszt rko
Gasoline Retail Facilities Consulting
Gasoline
R e t a i I
Facilities
Consulting
19:1o75To7_Ye10
emupusal
CLIENT:
2055 NORTH ALVARADO STREET
"n (� Os ANGELES CALIFORNIA 90039
EC
"9 v HONE: 323.665.0844
323.661.0723
AUG 15 2003 srelail@earthlink.net
PUBLIC WORMS
Date: 08/11/03 GRFC#3360.2
City of San Juan Capistrano
Peter Salgado, P.E.
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
ph: 949.493.1171x6366
fax: 949.493.3955
fax: 949.493.1053
ARCHITECT: Gasoline Retail Facilities Consulting,
(a California Corporation) attention
Andrew Paszterko, Architect
Lic.#C-12253
PROJECT: Close UST, Piping and Dispensing Fuel Facility
PROJECT ADDRESS: 32400 Paseo Adelanto, San Juan Capistrano, CA
92675
ASSESSOR'S PARCEL NUMBER:
THOMAS BROTHERS MAP COORDINATES: page 972 grid C2
Architect proposes to provide professional services, according to
terms and conditions as set forth below.
1 TERMS OF REFERENCE: Information for the preparation of this
proposal was derived from the following sources: on-site meeting
with Client on 06/16/03, and instructions provided on 08/11/03 by
Client.
2 PROJECT DESCRIPTION
2.1 Close Corporate Fueling Facility
3ARCHITECT'S BASIC SCOPE OF SERVICES
3.1 Site Survey
3.1.1 by Architect, suitable only for the purposes of Chapter
2.1above
3.2 Provide Documents as follows:
3.2.1 Piping and UST siteplan, as required for Closure Permit
3.2.2 Erosion Control Plan (if required)
3.3 Permit Management: submit Documents, to all agencies having
jurisdiction: SCAQMD, Orange County Health Care Agency, Orange
County Fire Authority, City Building and Safety, Engineering,
Public Works. Obtain all approvals as required.
3.1 Construction Phase services:
3.5.1 Bidding Support and Bid Evaluation
3.5.2 Construction Inspections to mirror Inspections required by
Code
3.5.3 RFI administration
EXHIBIT "A"
A CALIFORNIA CORPORATION
SAN JUAN CAPISTRANO 08/12/03
page 2 of 3
3.5.4 Change Orders administration
3.5.5 Request for Payment administration
4 CLIENT SHALL PROVIDE TO ARCHITECT N/A
5 CLIENT RESPONSIBILITIES
5.1 Client shall pay all government agency fees
6 SERVICES NOT INCLUDED IN ARCHITECT'S SCOPE
6.1 Storm Water Management Plan/Best Management Practices
6.2 Contamination related services or engineering, if any.
7 ADDITIONAL SERVICES
7.1 During the Contract Period, if requested by Client,
Architect shall perform additional architectural/engineering
services that are outside the scope of this Proposal. All
additional services shall be subject to additional written
authorization by Client and shall increase Architect's
compensation by such amount as then shall be agreed upon by
Client and Architect.
7.2 Changes in design and/or project criteria that require re-
work by Architect of documents previously approved by Client
shall be considered Additional Services.
For the purpose of Additional Services a Time and Materials basis
Architect's Schedule of Fees is as follows:
Principal Architect . . . . . . . . . . . . . . .$125.00/hr
Architect Associate . . . . . . . . . . . . . . . 95.00/hr
Civil Engineer . . . . . . . . . . . . . . . . . 105.00/hr
Construction Contract Administrator. . . . . . . 70.00/hr
CADD Operator . . . . . . . . . . . . . . . . . . 70.00/hr
Clerk . . . . . . . . . . . . . . . . . . . . . . 50.00/hr
8 COMPENSATION
Compensation for Architect's Basic Scope of Services shall be
according to the following schedule of values:
8.1 Site Survey by Architect. . . . . . . . . . incl. in 8.2
8.2 Closure Plan and Specs . . . . . . . . . . 2,500.00
8.3 Erosion Control Plan . . . . . . . . . . 500.00
8.4 Permit Management . . . . . . . . . . . 1,680.00
8.5 Construction Phase Services . . . . . . . . 1,750.00
8.6 Sub -Total Professional Services NTE. . . .$ 6,430.00
8.7 Reimbursable Expenses NTE . . . . . . . . . $300.00
8.8 City Required Insurance: Compliance Cost $1,500.00
8.9 TOTAL NOT TO EXCEED . . . . . . . . . . . $ 8,230.00
NOTE: NTE=not to exceed
9 REIMBURSABLE EXPENSES (incl. in paragraph 8, above)
Reimbursable expenses include expenditures made by the Architect
for the specific benefit of the Project, such as
printing, postage, etc. These shall be reimbursed to the
Architect at 1.2 x cost.
Mileage shall be reimbursed at the rate of 37 cents/mile.
Plotting shall be reimbursed at $8.00 /sheet.
Reproductions/bond: $0.80/sq.ft
Reimbursable expenses shall not exceed $300.00
SAN JUAN CAPISTRANO 08/12/03
page 3 of 3
Reimbursable expenses shall be invoiced to Client each month.
10 PAYMENT TERMS
10.1 $4,000.00 retainer due at acceptance of Proposal
10.2 The following payment schedule is established for the
purpose of the Project's cash flow requirements:
$3,000.00 due at submittal of Permit Documents to all agencies.
balance due at Removal Completion (Substantial Completion)
10.3 Architect shall invoice Client in accordance with above
values, and invoices shall be due and payable upon receipt. All
invoices that are unpaid after 30 days shall accrue interest at
the rate of 1.5% per month (18%APR).
9.3 An invoice that remains unpaid for 60 days shall constitute a
material breach of this contract. Architect then, at his option,
may stop work on Project. Restarting a project requires added
time and cost in order to re -familiarize personnel with job
and/or assign new personnel to job.
10 TERMINATION Architect works at the pleasure of Client. This
agreement can be terminated at any time by Client. Charges for
work done by Architect before termination shall be invoiced and
become due and payable.
12 LIMITATIONS This proposal, as an offer, is valid for 60 days.
from Proposal Date above.
This Proposal is accepted, and an agreement is entered into
between Client and Architect, based on this Proposal.
Peter Salgado
City Of San Juan
Capistrano
Date indrew Paszterko Date
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