06-0620_BOTACO., INC._Personal Services Agreement• 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this ---2&— day of
, 2006, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and BotaCo.. Inc., (hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, City desires to retain the services of Contractor regarding the City's
proposal to provide Landscape Maintenance Services; 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, described, recommended, or required to complete, in the City's request for
proposals for Landscape Maintenance, dated March 2006, and in Exhibit "A" described
as the Contractors proposals of June 2, 2006, 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 as of July 1, 2006, and the services required
hereunder shall continue through June 30, 2009. 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
Nine hundred one thousand one hundred fifty-two ($901,152.00), 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
attached and incorporated herein
all the Contractor's ordinary office
employees, including meetings w
perform the stipulated services.
proposal.
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to the City at the hourly rate set forth in Exhibit "A,"
by reference. Included within the compensation are
and overhead expenses incurred by it, its agents and
ith the City representatives and incidental costs to
Submittals shall be in accordance with Contractor's
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
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be considered employees of Contractor. City will deal directly with and will make all
payments to Contractor.
Section 6. Changes to Scope 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 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
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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.
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;
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$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;
$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.
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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: BotaCo., Inc.
PMB-401
32158 Camino Capistrano, A
San Juan Capistrano, CA 92675
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").
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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.
CITY OF SAN JUAN CAPISTRANO
By6�r�r.,,Zff—
David M. Swerdlin, Mayor
CONTRACTOR
By: t
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Botalto.f, Inc.
ATTEST:
A.A2il
R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Sh V, tity Attorney
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FOR THE MAINTENANCE OF LANDSCAPING
CITY PARKS MEDIANS PARKWAYS, FACILITIES and DISTRICTS
FROM: BotaCo, Inc.
CONTRACTOR
The undersigned, as contractor, declares that he has carefully examined the location of the
proposed work as described, examined the Specifications therefore, read the Proposal
Instructions, and is familiar with all proposal requirements, and hereby proposes and agrees,
if the proposal is accepted, to complete the said maintenance in accordance with the Contract
Documents, for the unit price or lump sum as follows:
City Parks
City
Medians/Parkways
City Facilities
Year One
162,552.00
78,252.00
Year Two Year Three
162,552.00 162.,552.00
78,252.00 78,252.00
33,768.00 33,768.00 33,768.00
Total
487,656.00
234,756.00
101,304.00
City Districts 25,812.00 25,812.00 25,812.00 77,436.00
Total 300,384.00 300,384.00 300.384.00
TOTAL 3- YEAR CITY LANDSCAPE MAINTENANCE $901,152.00
Nine hundred one Thousand One Hundred Fifty Two
Total in Writing
Said amount shall include and cover all taxes, the furnishing of all materials, the performing of
all the labor required or proper, and the providing of all necessary machinery, tools,
apparatus, and other means of landscaping. This is a valid and binding proposal to do all
work herein proposed for the prices set forth above.
SIGNAL RE OF CONTRACTOR
Title President
CompanyBotaco, Inc.
Date 6/2/06
State Contractor's License #: 506782
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STATEMENT OF EXPERIENCE
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1.
Ygnacio Soto BotaCo, Inc.
Proposer's Name Company Name
2.
31642 Avenida Los Cerritos San Juna Capistrano California, 92675
9
Business Address
949)248-0539
Business Telephone Number
4. List at least six (6) Contracts of a similar type -
either currently held or held within the past 24 months.
Contract
From to _ City/Company Supervisor Amount
$183,996.00 Marbella Country Club Pkwy Park Mrs. Sharon Pierce
Slope and Villas
$829,137.60 City of San Juan Parks, Pkwys, and Mr. Dave Hubler
Sports Park, Districts, and Facilities
$ 48,000.00 Villa Pacifica H.O.A. Mr. Daniel Chavez
$ 62,000.00 Niguel Villas H.O.A. Ms. Jennifer Patstone
$ 60,800.00 Quissett Master H.O.A. Mr. Daniel Chavez
$ 22,000.00 Hunt Club Estates H.O.A. Ms. Diane Spencer
BotaCo, Inc.
Company
an
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LIST OF EQUIPMENT
0
THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART
OF QUOTATION.
1.
Ygnacio Soto BotaCo, Inc.
Proposer's Name Company Name
2.
31642 Avenida Los Cerritos San Juan Capistrano California 92675
Business Address
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949) 248-0539
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.
Radio Communication System
2 - 05 - Eamark 36" Mower Catcher
1
- 05
- Rhino Dethatcher MCP48
1
- 00
- Toro
Turf Sweeper 560107
6
- 05
- Toro
Mowers M22030
1
- 00
- Ryan
Aerator 594505163
6
- 05
- TMC
Weeders
3
- 05
- Toro
Edgers
9
- 05
- TMC
Blowers
## continuation of List of Equipmento pate 8
' 1
Sign to e
BotaCo Inc.
Company
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## continuation of List of Equipment from page 7
7 -
05
- TMC Power Trimmers
2 -
05
- Wire Traceing Devices
2 -
02
- Equipment Trailer
1 -
92
- Ford F - 600 Dump Truck
1 -
02
- Ford F - 350 Dump Truck
2
- 02
- Ford F - 150 Truck
1
- 02
- Ford F - 250 Truck
1
- 05
- Toro Triplex Reel Mower M0435582096
1
- 03
- Jacobson Aerator M59SO325913709
1
- 96
- Cushman Verticutter M883323SA00196700
1
- 05
- Lily Fertilizer Spreader M23202000OS9610577
1
- 00
- Rosman Mower 546088
1
- 03
- Exmark Viking S175906
1
- 99
- Ground Master Toro 53020078673
1
- 03
- Mitsubishi Tractor 4WDTURF 45010
2
- 06
- Exmark Lazers Ride On.
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