07-0116_STEWART & ASSOCIATES_Personal Services Agreement0
0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of Q (JQ
2007, by and between the City of San Juan Capistrano (hereinaft r referred
as the "City") and E. Stewart &Associates, Inc., (hereinafter referred to as " ontractor
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide weed, rubbish, and thistle abatement; 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," Contractor's proposal dated November 3, 2006, attached and
incorporated herein by reference.
Contractor 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 commence on the effective date of this Agreement, and
services required hereunder shall be completed by no later than December 31, 2012.
The City will consider granting in its discretion up to three (3) additional one (1) year
option renewals based upon satisfactory performance of Contractor.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed the
unit prices as set forth in Exhibit "B," Contractor's proposal dated November 3, 2006,
attached and incorporated herein by reference.
3.2 Rate Schedule.
9 0
The services shall be billed to the City at the unit rate set forth in Exhibit "B"
Contractor's proposal, attached and incorporated herein by reference. Included within
the compensation are all of the Contractor's ordinary office and overhead expenses
incurred by it, its agents and employees, including meetings with City representatives
and incidental costs to perform the stipulated services. Submittals shall be in
accordance with Contractor's proposal.
3.3 Method of Payment.
Contractor 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 Contractor undertaking any extra work.
3.4 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.
9
0
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 Construction Site.
By executing this Agreement, Contractor 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 Contractor 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.
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. Copies of Work Product.
At the completion of the contract period, Contractor shall have delivered to City at
least one (1) copy of any final reports and architectural drawings containing Contractor'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.
9 0
All reports, information, data and exhibits prepared or assembled by Contractor
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Contractor 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 Contractor's
professional services.
Section 13. Indemnity.
Contractor 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 Contractor arising out of or in connection with the work, operation or
activities of Contractor, 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, Contractor 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;
$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, Contractor 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;
0
0
$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 Contractor intends to employ employees to perform services under this
Agreement, Contractor 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, Contractor shall submit the
insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Contractor'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 Not Applicable
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.
Contractor shall not receive any compensation until all insurance provisions have
been satisfied.
14.8 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 and Contractor 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 Contractor: E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
Attn.: Edwin Stewart
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").
0 0
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.
APPROVED AS TO FORM:
John R. Shaw ity Attorney
CITY OF SAN JUAN CAPISTRANO
By:
dam x4rd—
o, Mayor
E. STEWART & ASSOCIATES, INC.
ltll
dwinStewart
PHONE (949) 498-9250
FAX (949) 498-4961
November 3, 2006
Try R m 1000 CALLE NEGOCIO
S j i ■ SAN CLEMENTE, CA 92673
ASSOCIATES 111
Mr. John Elwell, Interim Director of Public Works
Public Works Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92673
RE: Proposal for — City of San Juan Capistrano: Weed, Rubbish, and Thistle Abatement
Dear Mr. Elwell,
E. Stewart & Associates, Inc. is pleased to submit this proposal to the City of San Juan Capistrano for weed,
rubbish, and thistle abatement. This proposal has been prepared in response to the City's Request for Proposal
(RFP) dated October 9t", 2006, and is organized to conform to the City's proposal requirements.
With a twenty year history of providing weed, rubbish, and thistle abatement within the City of San Juan
Capistrano, E. Stewart & Associates, Inc. is uniquely qualified to provide the continuous service and standard of
work the City has come to expect. We are always on standby, should the City require emergency or additional
work. We have strived to keep our fees low to ensure the best value in terms of both work and service to the City.
E. Stewart & Associates, Inc. will follow the proposed scope of work and schedule, as set forth in this proposal.
We will work closely with the Public Works Department and apply every resource to complete each task we
perform successfully. Our office and fabrication shop are 3.3 miles from the City of San Juan Capistrano, enabling
our response to the various needs of the City to be rapid and efficient.
This proposal shall be considered valid for a period of 90 days.
The following individuals are authorized to bind the company:
Edwin W. Stewart, Chief Executive Officer
Denise Petersen, Corporate Secretary
E. Stewart & Associates, Inc.
1000 Calle Negocio
San Clemente, CA 92673
(949) 498-9250
Thank you for your time in considering E. Stewart & Associates, Inc. for this proposal.
Sincerely,
dwin W. Stewart
Chief Executive Officer, E. Stewart & Associates, Inc.
EXHIBIT "A"
0
U
11
Ampt
o
LL
ri
00
QD
�' •
0
!n
4n
0
O
o
°
0
LL
co
00
r6
80$
og
0
d
r
o
o
Q6
a�
N
4n
0
0
fj
g
INS
}
00
o
�
5
}
'O
V
(O
i0
u7
r
O
O
O
O
O
r-
J
O
m
OJ
N
O
O
O
O
0
O
J
O
O
0
O
J
d
r
0C
*4
N
O
O
Q
r
Q
m
E
Uo
F
FQ
r
o
N
OF
In
N
HO
W C7
Q)
a
w
N
E
�
U
°
U
6
J
m
m
d
m
d
C
A
h
LL
LL
i-
U
U
((��
LL
LL
}
}
V
If
V
11
J
in
U
Q
Q
Q
(n
(A
U
U
a
.V
U.Y
O
cl
E
_
O
.'_'
N
m
N
D
W
F
mC
U
m
QIm
Q
N
O
r
2
_�
L
a
IL
N
LL
E
d
c
m
m
E
m
Q
rn
E
E
d
a
c
a
cO
t
s
2cmE
m
Ga
S
o
m
M
a
m
0 0
PROPOSAL (continued)
Emergency Work - Hourly Rates
Cost to perform emergency weed, rubbish, thistle abatement,
$/Hr.
removal of debris at hours other than as stated as normal working
hours per the specifications. Price shall include all labor, material,
trucks, equipment, and any applicable disposal costs.
$0.0.
Price Per Hour FOR FIRST TWO HOURS:
VIG
Price Per Hour FOR EACH HOUR THEREAFTER
QQ
Please indicate below the equipment and number of personnel included in the rates above.
Normal working crew of 5 personnel and 1 supervisor, plus -one crew,
truck = $157.50 per hour. No emergency call out added expense, No
overtime or extra hour charge. All personnel and equipment listed
on the equipment page are available to the City 24 hours per day,
7 days per week, at no additional cost.
Submitted by:
E. Stewart and Associates. Inc.
Con for
gnature of Representative Date
• LABOR AND EQUIPMENT RATES •
All proposers shall provide the hourly rates for the following positions and equipment.
All prices for equipment shall include operator, fuel, insurance, and move -in and move -
out fees.
Hourly Rates for Labor
Position
Year One
Year Two
Year Three
Year Four
Year Five
Supervisor
t25 Pr hr
25 Prh1
25 pr hr
$25 pr hr
$25 pr hr
Foreman
t18.50prhr
$18.5G pr h.
$18.5Q pr h
$18,50 r h.
$18.50 prh.r
Laborer
$18.50prhr
$18.50 pr hr
$18,50 pr
$18 50 pr h-
$18.50 prh
r
hr
150
r
hr
$150
r
hr
hr
150
pr
hr
Tractor
Please list any additional positions not accounted for and provide the hourly rates
above.
Hourly Rates for Equipment
F-650
Desch tion
Year One
Year Two
Year Three
ur
Year Five
Loader
h
h
155
r
hr
Dozer
150
r
hr
150
r
hr
$150
r
hr
hr
150
pr
hr
Tractor
100
h
hr
100
r
hr
Dum Truck
95
r
hr
95
r
hr
95
r
hr
hr
95
r
hr
Crawler
$100
r
hr
100
r
hr
$100
r
hr
T250r
hr
190 $r
hr
Water Truck
60
r
hr
60
r
hr
60
r
hr
hr
60
r
hr
Backhoe
75
r
hr
75
r
hr
75
r
hr
hr
75
r
hr
ASV w bucket
$125..pr
hr
125
pr
hr
$125
pr
hr
hr
125
pr
hr
ASV w chipper
250
r
hr
250
r
hr
250
r
hr
hr
250
r
hr
ASV w 7' mower
125
r
hr
125
r
hr
$125
r
hr
hr
125
r
hr
ASV w 6' blade $125 pr hr $125 pr hr $125 pr h.r $125 pr hr $125 pr hr
F-450 Dump Truck $ 50 pr hr $ 50 pr hr $ 50 r hr $ 50 pr hr $ 50 pr hr
Please list any additional equipment not accounted pr
and provide the hourly rates
above.
Submitted by:
F. Stewart and Associates. Inc.
Contractor
Dat�z�o6
Signature of Representative
18
9 0
STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION. (The Contractor shall have 5 years of comparable weed
abatement experience.)
1.
c+F Stewart and Associates.. Inc.
Proposers Name Company Name
2.
1000 Calle Negocio San Clemente„ CA 9.2673
Business Address
1
(949) 498-9250 FAX (9.44) 498-4961 _
Business Telephone Number
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 months.
From 1990to 2006 City/Company Contact Person Contract
And Number Amount
1990 to 2006 City of San Juan Capistrano Jack Galaviz 443-6364 $309,698,00.
Dennis Reed 361-8278
1996 to 2006 City of San Clemente Tony Montoya 361-6172 $140,000.00
2000 to 2006 City of San Clemente Dennis Reed 361-8278 $ 6,000.00
2002
to
2006
City of
San Juan
Capistrano Douglas
Dumhart
$ 30,000.00
2004
to
2006
SunCal
Companies
Diane Shaughnessy
(_6191 540-2387
$300,000.00
2005 to 2006 City of Laguna Beach Ray Lardie 497-07.56
E. Stewart and Associates, Inc.
Company
$140,000.00
9 0
LIST OF EQUIPMENT
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS
PART OF QUOTATION.
Proposer's Name Company Name
1000 Calle Neoocio San Clemente CA 92673
Business Address
Business
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.
63 Echo 3800 or 40011 Weedeaters with 10" saw. blades
John Deere 3255 100 hp 4wd rubber tired tractor
John Deere 450G crawler 100 hp
2 Rotary mowers, 8' & 91. 2 pull disks 8' & 12'
ASV RC 100 100 hp track -type skid steer with grapple tines, bucket; chipper,
rotary mower, hole auger with 3 bits, dozer blade,
_ 6 still and Echo chainsaws
2 flail mowers, 3 13 hp 200 gallon spray rigs, 1 4wd Gator With 50 gallon
spray rig, I Ford -650 stakebed truck 1 Ford F450 dump truck., 26' Zieman
equipment trailer, 2 Ford F-350 one ton pick-up trucks., 1 GMC one ton
_pick-up truck, 2 fuel tanks 500 gallon and 1,090-gallpn, 12' pull scraper,
8' apt, hitch scraper.
5. List equipment the quoting firm is planning to purchase for use on this contract.
An additional ASV RC 100 with bucket and 7' mower.
E Stewart and Associates Inc
Company
20
AML
N
0
EXHIBIT "B"
xI
0
4
a
Lo
i F
�
tl
e
N
�
I
IA
do
W O
N
~
~
R
m
N
d
p
a
g
N
N
N
C
J
V
1
V
1
J
f7
U
Q
Q
.15
Q
(A
(n
U
U
m
LL
N
LL
d
E
d
E
z
m
(n
$
y
d
E
`o
�7
El
o5
ego
d
m
°
U
R
N
0
EXHIBIT "B"