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06-0822_GREEK'S CONCRETE_Personal Services Agreementa 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into thi�N� day of � 2006, by and between the City of San Juan Capistrano (hereinaft ref d to as the "City") and Greek's Concrete., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide concrete and sidewalk maintenance and repairs; 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 The City of San Juan Capistrano Specifications and Contract Documents for Concrete/Sidewalk Maintenance and Repairs (Exhibit "A,") 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 commence on the effective date of this Agreement by all parties. This Agreement shall be for a (3) three-year period of time with two one year extensions. Agreement extensions shall be based on staff review of the Consultant performance. The Agreement shall terminate June 30, 2011. Section 3. Compensation. 3.1 Amount The total compensation for the scope of services shall be billed as set forth in the Contractors Proposal (Exhibit B). There is no guaranteed amount for this 1 SD contract by the City to the Consultant. The Consultant may not, dependent upon availability of projects, receive any work. The City shall issue purchase orders equal to the anticipated Consultant fees on a project basis, which shall constitute the Consultant's authorization to proceed. The Consultant fees will be billed based upon the rates in the Consultant's Proposal (Exhibit B) attached and incorporated herein by reference. The Consultant's billings may be submitted on the Consultant's forms and, at a minimum, should include the following: Title of Project(s) Location of Project(s) Purchase Order Number Total Approved Purchase Order Amount Amount Paid to Date Amount Requested Amount Remaining on Purchase Order Breakdown of Amounts by Project Type or Account Number 3,2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are 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. Consultant shall submit monthly invoices, clearly indicating the monthly period for which the billing is made. These invoices should be submitted to: City of San Juan Capistrano Public Works Department 32450 Paseo Adelanto San Juan Capistrano, CA 92675 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. 0 0 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 Subcontracting 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. 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 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. Section 9. Compliance with Law. 3 0 0 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. Not Applicable. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. 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. 9 0 0 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; $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 Not applicable. 14.6 Notice of Cancel lation/Term!nation of Insurance. 5 0 0 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: Greek's Concrete 27012 Capote De Paseo Suite B San Juan Capistrano, CA 92675 Attention: Doug Greek Section 17. Attorneys' Fees. R 0 0 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: — 90�0� John R. haw, City Attorney 7 CITY OF SAN JUAN CAPISTRANO By: Qer- -�--� Dave Adams, City Manager CONSULTANT &W 0.President From: CONCRETE/SIDEWALK MAINTENANCE AND REPAIRS CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: 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: Concrete Flat Work ITEM OF WORK* Approx. $/S.F. $/S.F. $/S.F. 3 Year Annual Year 1 Year 2 Year 3 Total Cost Quantity Based Upon Approx. Quantities Remove and Replace - /Z zs ! 3 / Concrete (4" Thick) 500 S.F. /� �75er Less Than 100 S.F. Remove and Replace f/ �//� / Z — Concrete (4" Thick) 500 S.F. /LSTJlJ 101-250 S.F. Remove and Replace 9 7 0;7, Concrete (4" Thick) 2,000 S.F. 251 S.F. – 400 S.F. Remove and Replace ;� .02'// Ssz'7��1J� cr Concrete (4" Thick) g, 000 S.F. Over 400 S.F. TOTAL j ( - ` "L1% 37/'5 * Cost for thickness lesser or greater than 4" shall be prorated on a direct % basis, that is, the cost for 2" thickness would be half, the cost for 8", double, and so forth. Concrete Work - Curb & Gutter ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR EACH HOUR THEREAFTER. Annual Year 1 Year 2 Year 3 Cost Based Quantity Upon Approx. Quantities Remove 6" Curb and 2,500 L.F. y '70 18" Gutter 9 1, vol Remove 8" Curb and200 L.F. %$ Aw 24" Gutter .F. ' Construct Type A 200 L.F.— fib, 5-3 ��`3Z 1rPOs <n Curb ' Construct Type B 200 L.F. �f L X/ 1, =` -5–z 1 0 6, b; Curb Construct 6" Curb and 2,500 L.F. 7L 18" Gutter Construct 8" Curb and 200 L.F. L>�/ y ��' tfG ' A` 24" Gutter TOTAL 2 /, f8y «'o Grinding ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR EACH HOUR THEREAFTER. Annual Year 1 Year 2 Year 3 Cost Based Quantity Upon Approx. Quantities Asphalt Grinding (2 ft. 2,000 z, ' wide) 9 1, vol Concrete Grinding (2 2,500 L.F. 49C ft. wide) 39 c po TOTAL 3/,/JI10 `' h Z ` . DIIJ /off cC3a Emergency Work - Hourly Rate $/Hr In Figures $/Hr In Words Unit Price Per Hour FOR FIRST TWO HOURS. /e3 .4/�)yi✓ Unit Price Per Hour FOR EACH HOUR THEREAFTER. 15Y,6 "/ J .. 0 • Concrete Work - Curb & Gutter EM OF WORK Approx. $1L.F. $1L.F. $1L.F. 3 Year Total Annual Year 1 Year 2 Year 3 Cost Based FOR FIRST TWO HOURS. Quantity Upon Unit Price Per Hour FOR EACH HOUR THEREAFTER. /�f�° ��' Approx. Quantities move 6" Curb and [24" 0 o iz7 Soo" " Gutter 2,500 L.F. fiS, o� g 9.� move 8" Curb and 200 L.F. 7- ft. wide) Gutter g� ,� zs� �aZ l �y oo Construct Type A 200 L.F. y 3-3 =y ;L e Curb Construct Type B 200J �L � =� %5 z `� jr `' Curb Construct 6" Curb and 2,500 L. F.-- 18" Gutter C=nT Curb and200 L.F.2 TOTAL I M Z/? ROtr`� ZtlrSce �Z�i, 3cr, ]3r, 70o u Grinding �YJ_ _!_ o ` ITEM OF WORK Approx. $1L.F. $1L.F. $1L.F. 3 Year Total Annual Year 1 Year 2 Year 3 Cost Based FOR FIRST TWO HOURS. Quantity Upon Unit Price Per Hour FOR EACH HOUR THEREAFTER. /�f�° ��' Approx. Quantities Asphalt Grinding (2 ft. 0 o wide) Concrete Grinding 2 2,500 L. F.,. ft. wide) TOTAL Emergency Work - Hourly Rate $/Hr $/Hr In Figures In Words Unit Price Per Hour FOR FIRST TWO HOURS. Unit Price Per Hour FOR EACH HOUR THEREAFTER. /�f�° ��' ✓��. ,°'�i5"a� Please indicate below the equipment and number of personnel included in the quoted rates above: /iD� Please indicate below the hourly rate for any specialized equipment not included in the above definition. The rates quoted below shall be for equipment and operator (or operators) as required. Equipment Description Hourly Rate Routine Hourly Rate Emergency Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc., from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (1,5) calendar days from the date of execution thereof. It is anticipated that the date to commence work shall be July 1, 2006. 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 Director of Public Works. 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 a contract to the undersigned at the prices stipulated. Signatur of Propo er: (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: (w //((' /Q/, 66) Business Address Dated: /< It fty 7 —'YZ � — '�) 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: �!) Business Address Dated: 0& — /--/Z — Telephone Number i 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www sanjuancapistrano. org TRANSMITTAL TO Greek's Concrete 27012 Capote De Paseo, Suite B San Juan Capistrano, CA 92705 Attention: Doug Greek DATE: August 22, 2006 IA(OIIOIRH [S11111SXIA 1961 1776 FROM: Maria Guevara, Deputy City Clerk (949) 443-6309 RE: Providing concrete and sidewalk maintenance and repairs MEMBERS OF THE CITY COUNCIL Thank you for forwarding documentation confirming compliance with the terms of the agreement related to insurance. SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949) 443-6309. If you have questions concerning the agreement, please contact the project manager, Joe Mankawich, Associate Engineer (949) 487-4313. An original, executed agreement is enclosed for your records. Cc: Joe Mankawich, Associate Engineer John Elwell, Interim Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future C 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org August 2, 2006 JMa► � i In(a Ann ART( A e TURKISH& I 1161 1776 Doug Greek Greek's Concrete 27012 Capote De Paseo, Suite B San Juan Capistrano, CA 92675 Dear Mr. Greek: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT BART JOE SOTO DAVID M. SWERDLIN A Personal Services Agreement related to providing Concrete Maintenance Services is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Although we have received a certificate of insurance, the following documentation is required: ♦ Worker's Compensation Certificate in our file expired on April 1, 2006. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Joe Mankawich, Asso 'ate Engineer (949) 487-4313. Please call me at (949) 443-6309 if y�u have quehstiW regarding the forms of insurance needed. Deputy Clerk cc: Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% Recycled Paper E AGENDA REPORT TO: Dave Adams, City Manager Ql"\ FROM: John W. Elwell, Interim Public Works Director • 8/1/2006 D10 SUBJECT: Consideration of Personal Services Agreement for Concrete Maintenance Services (Greek's Concrete) (S. Parker Engineering, Inc.) By motion, approve the three-year agreement for Concrete Maintenance and Repairs with Greek's Concrete and S. Parker Engineering, Inc. for the established unit prices; and authorize the City Manager to execute the agreement. SITUATION: On May 26, 2006, the Public Works Department released requests for proposals for the Concrete Maintenance and Repairs contract. Staff sent the requests to eight contractors from a list of highly regarded contractors. These contractors were ones that the City had previously worked with and also those referred to by other local government agencies. The cities of Mission Viejo, Dana Point, Laguna Beach, San Clemente and Laguna Niguel were contacted for reference purposes. These efforts were made with the intention of increasing the number of contractors involved in the proposal process, thereby insuring a more representative result. On June 19, 2006, the City received proposals from two concrete contractors. It is, however, reassuring that the two contractors which did submit proposals are well respected, and the pricing presented by each was in line with unit prices that the City is accustomed to paying. In some cases, the proposals mean a cost savings to the City. Greek's Concrete (Greek's) has provided services to the City for the past twenty years. This firm's work has always met or exceeded the City's requirements. The other concrete contractor is S. Parker Engineering, Inc. (S. Parker). S. Parker's statement of experience is very extensive. Referenced contracts varied in amount from $32,000 to over $1 million. This firm has maintenance contracts with the cities of Westminster, Beaumont, Costa Mesa, Mission Viejo, the Newport -Mesa Unified School District and the Ontario -Montclair School District. Staff performed several reference checks and received excellent referrals. The costs provided by both contractors were competitive. S. Parker (Attachment 2) was lower for small flatwork areas, concrete curb and gutter removal and replacement, and Greek's Concrete (Attachment 1) was lower for large flatwork and grinding. Staffs AGENDA REPORT • • August 1, 2006 Page 2 recommendation is to open purchase orders for both firms to provide services based upon the bid prices given for each type of work. COMMISSION REVIEW AND RECOMMENDATIONS: Not Applicable FINANCIAL CONSIDERATIONS: The FY 2006/2007 Budget provides sufficient funding for city-wide concrete maintenance and repairs. The nature of concrete maintenance is such that the quantities of work that will be required in a given year are difficult to predict. Staff, therefore, recommends that purchase orders be opened for Greek's Concrete and S. Parker Engineering, Inc. on an as needed basis and that work proceed as necessary to keep the City's facilities safe. NOTIFICATION: Greek's Concrete S. Parker Engineering, Inc. RECOMMENDATION: By motion, approve the three-year agreement for Concrete Maintenance and Repairs with S. Parker Engineering, Inc. and Greek's Concrete for the established unit prices; and authorize the City Manager to execute the agreement. tfully Submitted, Prepxacd by, Elwe, Joe Mankawich Public Works Director Associate Engineer Attachments: 1. Greek's Concrete Agreement 2. S. Parker Engineering, Inc. Agreement 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Greek's Concrete., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide concrete and sidewalk maintenance and repairs; 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 The City of San Juan Capistrano Specifications and Contract Documents for Concrete/Sidewalk Maintenance and Repairs (Exhibit "A,") 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 commence on the effective date of this Agreement by all parties. This Agreement shall be for a (3) three-year period of time with two one year extensions. Agreement extensions shall be based on staff review of the Consultant performance. The Agreement shall terminate June 30, 2011. Section 3. Compensation. 3.1 Amount The total compensation for the scope of services shall be billed as set forth in the Contractors Proposal (Exhibit B). There is no guaranteed amount for this 1 ATTACHMENT 0 0 contract by the City to the Consultant. The Consultant may not, dependent upon availability of projects, receive any work. The City shall issue purchase orders equal to the anticipated Consultant fees on a project basis, which shall constitute the Consultant's authorization to proceed. The Consultant fees will be billed based upon the rates in the Consultant's Proposal (Exhibit B) attached and incorporated herein by reference. The Consultant's billings may be submitted on the Consultant's forms and, at a minimum, should include the following: Title of Project(s) Location of Project(s) Purchase Order Number Total Approved Purchase Order Amount Amount Paid to Date Amount Requested Amount Remaining on Purchase Order Breakdown of Amounts by Project Type or Account Number 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are 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. Consultant shall submit monthly invoices, clearly indicating the monthly period for which the billing is made. These invoices should be submitted to: City of San Juan Capistrano Public Works Department 32450 Paseo Adelanto San Juan Capistrano, CA 92675 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. PA 0 0 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 Subcontracting 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. 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 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. Section 9. Compliance with Law. 3 0 0 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. Not Applicable. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. 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. 2 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; $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 Not applicable. 14.6 Notice of Cancellation/Termination of Insurance. 5 0 i 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: Greek's Concrete 27012 Capote De Paseo Suite B San Juan Capistrano, CA 92675 Attention: Doug Greek Section 17. Attorneys' Fees. 9 0 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO is Dave Adams, City Manager CONSULTANT D.F5r6sident ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: John R. S aw, City Attorney 0 I] CONCRETE/SIDEWALK MAINTENANCE AND REPAIRS From: j2eGll c-eA--4 CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: 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: Concrete Flat Work ITEM OF WORK* Approx. $/S.F. $/S.F. $/S.F. 3 Year Annual Year 1 Year 2 Year 3 Total Cost Quantity Based Upon Approx. Quantities Remove and Replace 0 Z � Concrete (4" Thick) 500 S.F. '�!� g-2;-= Less Than 100 S.F. Remove and Replace fP n $2/ -'aa -1/Z Concrete (4" Thick) 500 S.F. 101-250 S.F. Remove and Replace s � 4f4 j j ';E9/41 Concrete (4" Thick) 2,000 S.F. 251 S.F. — 400 S.F. Remove and Replace=S.F. � Jj Concrete (4" Thick) 9,000 Over 400 S.F. TOTAL * Cost for thickness lesser or greater than 4" shall be prorated on a direct % basis, that is, the cost for 2" thickness would be half, the cost for 8", double, and so forth. EXHIBIT "B" 0 Concrete Work - Curb & Gutter ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR EACH HOUR THEREAFTER. Annual Year 1 Year 2 Year 3 Cost Based Quantity Upon Approx. Quantities Remove 6" Curb and 2,500 L.F. 18" Gutter Remove 8" Curb and 200 L.F.78r" $4, ' 9& 24" Gutter 3� a DO Construct Type A 200 F. �/g S 3 6"o` *3Z $00 `- Curb Construct Type B 1 200 .F. �0 g Curb Construct 6" Curb and 2,500 L.F. S� �� `� jF"7Z <fgs eng = 18" Gutter Construct 8" Curb and 200 L.F. 24" Gutter TOTAL aiqz -!Itl' Grinding ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR EACH HOUR THEREAFTER. Annual Year 1 Year 2 Year 3 Cost Based Quantity Upon Approx. Quantities Asphalt Grinding (2 wide) Concrete Grinding (2 2,500 F. ft. wide) 3� a DO TOTAL I 3fI ow -1,19 61-0;r: Wf).� /t�C Emergency Work - Hourly Rate :$/Hr in Figures $/Hr In Words Unit Price Per Hours FOR FIRST TWO HOURS. Unit Price Per Hour FOR EACH HOUR THEREAFTER. ���� /�6 //O� ,�r%� • Concrete Work - Curb & Gutter ITEM OF WORK Approx. $1L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR FIRST TWO HOURS. Annual Year 1 Year 2 Year 3 Cost Based FOR EACH HOUR THEREAFTER. Quantity Upon Approx. Quantities Remove 6" Curb and 2,000 L.F. 0 o r 18" Gutter 2,500 L.F. ve/.5� yj z-7-5-0 0 Remove 8" Curb and 2,500 L. F. 3y, 7 J�_o 24" Gutter 200 L.F.70 ;F8". /a o lon Construct Type A 200 L.F. � -5 3 -y tc� ; �cD Curb Construct Type Curb Construct 6" Curb and 2,500 L.F. -72- 18" Gutter Construct 8" Curb and200 L.F. G°`j ' y '�� �f� ��' 24" Gutter �i9,9o9 zYI,Sc�`� vo 73n,'7o Grinding__, °u' ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour FOR FIRST TWO HOURS. Annual Year 1 Year 2 Year 3 Cost Based FOR EACH HOUR THEREAFTER. Quantity Upon Approx. Quantities Asphalt Grinding (2 ft- 2,000 L.F. 0 o r . wide) j� li019 Concrete Grinding (2 2,500 L. F. 3y, 7 J�_o ft. wide) 3% 2 Oe' 10�c Gc Emergency Work - Hourly Rate J/ I/ I $/Hr $/Hr In Fi ures In Words Unit Price Per Hour FOR FIRST TWO HOURS. Unit Price Per Hour'Tv!� FOR EACH HOUR THEREAFTER. J/ I/ I 0 0 Please indicate below the equipment and number of personnel included in the quoted rates above: Please indicate below the hourly rate for any specialized equipment not included in the above definition. The rates quoted below shall be for equipment and operator (or operators) as required. Equipment Description Hourly Rate Routine Hourly Rate Emergency Ate Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of maintenance; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications for the work. All prices quoted above shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc., from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into a contract 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 July 1, 2006. a 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 Director of Public Works. 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 a contract to the undersigned at the prices stipulated. Signatur of er: (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: Z-' 7-7©/2— Business Address Dated: Gz 9C��/�f 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: Business Address Dated: G Telephone Number 9 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and S. Parker Engineering, Inc., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide concrete and sidewalk maintenance and repairs; 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 The City of San Juan Capistrano Specifications and Contract Documents for Concrete/Sidewalk Maintenance and Repairs (Exhibit "A,") 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 commence on the effective date of this Agreement by all parties. This Agreement shall be for a (3) three-year period of time with two one year extensions. Agreement extensions shall be based on staff review of the Consultant performance. The Agreement shall terminate June 30, 2011. Section 3. Compensation. 3.1 Amount The total compensation for the scope of services shall be billed as set forth in the Contractors Proposal (Exhibit B). There is no guaranteed amount for this 1 ATTACHMENT 0 contract by the City to the Consultant. The Consultant may not, dependent upon availability of projects, receive any work. The City shall issue purchase orders equal to the anticipated Consultant fees on a project basis, which shall constitute the Consultant's authorization to proceed. The Consultant fees will be billed based upon the rates in the Consultant's Proposal (Exhibit B) attached and incorporated herein by reference. The Consultant's billings may be submitted on the Consultant's forms and, at a minimum, should include the following: Title of Project(s) Location of Project(s) Purchase Order Number Total Approved Purchase Order Amount Amount Paid to Date Amount Requested Amount Remaining on Purchase Order Breakdown of Amounts by Project Type or Account Number 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "B," attached and incorporated herein by reference. Included within the compensation are 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. Consultant shall submit monthly invoices, clearly indicating the monthly period for which the billing is made. These invoices should be submitted to: City of San Juan Capistrano Public Works Department 32450 Paseo Adelanto San Juan Capistrano, CA 92675 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. 2 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 Subcontracting 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. 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 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. Section 9. Compliance with Law. 3 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. Not Applicable. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. 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. rd • 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; $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 Not applicable. 14.6 Notice of Cancellation/Termination of Insurance. 5 O 0 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: S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 Attention: Steve T. Parker Section 17. Attorneys' Fees. r, 0 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 9:� John R. $ w, City Attorney 7 CITY OF SAN JUAN CAPISTRANO M Dave Adams, City Manager CONSULTANT ='7----�,-- By: Steve arker, President CONCRETE/SIDEWALK MAINTENANCE AND REPAIR$ From: S. Parker Engineering, Inc. CONTRACTOR To the Honorable City Council City of San Juan Capistrano Gentlemen: The undersigned, as Proposer, declares that he has carefully examinsdthe 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 sOid contract in accordance with the Contract Documents for the following: Concrete Flat Work ITEM OF WORK" Approx. $/S.F. $/S.F. $/S.F. 3 Year Annual Year 1 Year 2 Year 3 Total Cost Quantity Based upon Approx. Quantities Remove and Replace # — /2• /o 13.21 /820S. — Concrete (4" Thick) 500S. Less Than 100 S.F. Remove and Replace 13 SO /y. as /�. 3%; Z2-3 40. — Concrete (4" Thick) 500 S.F, 101-250 S.F. Remove and Replace /o. — i/. /Z. /c) 6W Zoo. Concrete (4" Thick) 2,000 S.F. 251 S.F. —400 S.F. Remove and Replace /z• So i3. 25" /r lIz. J'7Z330. — Concrete (4" Thick) 9,000 S.F. Over 400 S.F. TOTALyd•So Sl•7a /08•;_� 'i9o7S.' * Cost for thickness lesser or greater than 4" Shan be prorarea on a aired ro oasis, tnai is, the cost for 2" thickness would be half, the cost for 8", double, and SO !forth. EXHIBIT "B" 0 0 Please indicate below the equipment and number of personnel includeO in the quoted rates above: �/2ve.tc- Please indicate below the hourly rate for any specialized equipment not included in the above definition. The rates quoted below shall be for equipment a6d operator (or operators) as required. Equipment Description Hourly Rate Routine Hourly Rate Em rgency Dv&7,,O 7//Lxlc SK++aQ tr ad6� / 0 5, Said amounts are to include and cover all taxes, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, aprar�tus, and other means of maintenance; also, the performance and completion of Of the work in the manner set forth, described and shown in the Specifications for tho work. All prices quoted above shall include removal and disposal of all material, such as sludge, grease, water, mud, roots, etc., from the project sites. All prices quoted above shall include traffic control if required by City. Contractor will not be required to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into a contract with the City and to commence work within fifteen (15) calendar days from the dote of execution thereof. It is anticipated that the date to commence work shall be July 1; 2006. Concrete Work - Curb & Gutter ITEM OF WORK Approx. $/L.F. $/L.F. $/L,F. 3 Year Total Unit Price Per Hour Approx. $/L,F, , $R..F• 3 Year Total Unit Price Per Hour Annual Year, 1 Year 2 Year 3 Cost Based Quantity Upon Approx. Asphalt Grinding (2 ft. Quantities Remove 6" Curb and 2,500 L.F. �{. ' yg� 33100•" 18" Gutter 0 22, - 29.2J - Remove 8 Curb and 6 • 6 ('7.2t. 3972• " 24" Gutter 200 L.F. Construct Type A jq.— 37. q0— Curb 11$/L.F Construct Type B 200 L.F. 3G. 39.60 49'. Slo ` 23S3z. — Curb Construct 6" Curb and 2,500 L.F. 44 48.90 s3.zy 744iloo•- 18" Gutter Construct 8" Curb and 200 L.F. 24" Gutter 50 60 , TOTAL Ilo • ' IS"I • 2o5.7" b'l. Grinding ITEM OF WORK Approx. $/L.F. $/L.F. $/L,F. 3 Year Total Unit Price Per Hour Annual Year 1 Year 2 Year 3 Cost Based Unit Price Per Hour Quantity FOR EACH HOUR THEREAFTER /oo, — Upon Approx. Quantities Asphalt Grinding (2 ft. - wide Concrete Grinding (2 ft. wide 0 22, - 29.2J - TOTAL yo. - 30121.5, - Emergency Work - Hourly Rate $/Hr $/Hr In Figures In Words Unit Price Per Hour FOR FIRST TWO HOURS. /pa, — ate£ I•I�Nd+�a.d, 1r�SWA+�S S w0 Unit Price Per Hour FOR EACH HOUR THEREAFTER /oo, — t6,A,/C.A-14-0 "# 0 0 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 Director of Public Works. 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 a contract to the undersigned at the prices stipulated. Sign ro se : Steve T. Parker (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: June 12, 2006 2783 Tern Circle Costa Mesa, CA. 92626 Business Address Dated: June 12, 2006 (714) 241-0560 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: June 12, 2006 2783 Tern Circle Costa Mesa, CA. 92626 Business Address Dated: June 12, 2006 (714) 241-0560 Telephone Number Steve T. Parker - President Linda M. Parker - Secretary/Treasurer S. Parker Engineering, Inc. - Corporation 10 0 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Steve T. Parker - President S. Parker Engineering, Inc. Proposer's Name Company Name 2. 2783 Tern Circle Costa Mesa, CA. 92626 Business Address 3. (714) 241-0560 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 And Number Amount PLEASE SEE ATTACHED Signature Steve T. Parker S. Parker Engineering, Tnr_ Company 0 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Steve T. Parker S. Parker Engineering, Inc. Proposer's Name Company Name 2. 2783 Tern Circle Costa Mesa, CA. 92626 Business Address 3. (714) 241-0560 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. PLEASE SEE ATTACHED Signature Stevie T. Parker S. Parker Engineering, Inc. Company GENERAL PROVISIONS >> E 32400 PASEO ADEI-ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org IAf0INA ATO 'JULIA m i 1961 1776 MEMBERS OF THE CITY COUNCIL NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN The City Council of San Juan Capistrano will meet at 7:00 p.m. on August 1, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of Perosnal Services Agreement for Concrete Maintenance Services (Greek's Concrete) (S. Parker Engineering, Inc)" — Item No. D10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m, on Monday, July 31, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 949-487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendas()a.sanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Greek's Concrete; S. Parkter Engineering, Inc; John W. Elwell, Interim Publice Works Director; Joe Mankawich, Associate Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future 1r, Printed on 100% Recycled Paper 32400 PASEO ADEI ANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapistrano.org August 2, 2006 JMan � IA[OAIAAAifI fsuwsAfo � 1961 1776 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN On August 1, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of Perosnal Services Agreement for Concrete Maintenance Services (Greek's Concrete) (S. Parker Engineering, Inc)" Item No. D10. The following action was taken at the meeting: Three-year agreements for concrete maintenance and repairs with Greek's Concrete and W. Parker Engineering, Inc., for established unit prices, approved; and the City Manager authorized to execute the agreements. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Joe Mankawich, Associate Engineer at 949-487-4313 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Greek's Concrete; S. Parkter Engineering, Inc; John W. Elwell, Interim Publice Works Director; Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future CJ Printed on 100%Recycled Paper =r BNI FORM 105-C PRELIMINARY 20 -DAY NOTICE (This form may be used on both public and private projects) TO: CONSTRUCTION LENDER (Or,#�p iC+CpostEct)n Lender) (if any) 1f(SGG�+CC �I VV Name Street 7001 MON 98 P 4: 11 ?-' City, State, Zip h TO: kOWNER (Or Reputed OA" �UA�I��� AGENCY (On Private Work) (On Public Work) Name City ib3Z&fta' OL San Juan "anistrano Street 324011, i'�-F Adelant r City, State, Zip Baa Atait Canist rano A 9.67 TO: ORIGINAL CONTRACTOR (Or Reputed Original Contractor) Name ':_ Street 1'n, 3 t City, State, Zip .,J;••manr B-ach, CA 9262A General description of the labor, service, equipment, or materials furnished, or to be furnished and an estimate of the total price thereof: :-t�rntirc l�c'4 i3'n asf C.I :;ei; G3>n,_e�.. g NAME AND ADDRESS OF CLAIMANT GIVING THIS NOTICE Name Ace H'ont.F-: Company Street i S `y'i Sa I 1:aice A v c City, State, Zip tt-F ia:du P:z p, t'" 91/,46 NAME OF PERSON OR FIRM THAT CONTRACTED TO PURCHASE THE LABOR, SERVICE, EQUIPMENT, OR MATERIALS Name DESCRIPTION OF JOB SITE SUFFICIENT FOR IDENTIFICATION STAPLE RETURN RECEIPTS HERE V NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you may have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device that Is appropriate under the circumstances. Other than residential homeowners of dwellings containing fewer than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20 -day lien notice in accordance with section 3097 of the Civil Code that a Notice of Completion or Notice of Cessation has been recorded within 10 days of its recordation. Notice shall be by registered mail, certified mall, or first-class mail, evidenced by a certificate of mailing. Failure to notify will extend the deadlines to record a lien. MAILING INSTRUCTIONS (1) If the person resides in California, the notice may be served by first class registered or certified mail, postage prepaid, addressed to the person at his or her residence, or place of business address, or at the address shown by the building permit on file, or at the address shown on a recorded Construction Trust Deed. (2) When service is made by first class registered or certified mail, service is complete at the time of the deposit of mail. If this notice is given by a subcontractor who is required under a collective bargaining agreement to pay fringe benefits, the names and addresses of the fringe benefits trusts follow: PROOF OF SERVICE AFFIDAVIT The undersigned served copies of this Preliminary 20 -Day Notice by first class registered or certified mail, postage prepaid, on the persons and at the addresses shown on: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: Signature:': 0 �n FORM�1 5---®?0°�-A BNI BUILDING NEWS FORM PR PARED BY GIBBS, GIDEN, LOCHER & TURNER, LLP-WWW.GGLTCOM U z W U J m a ¢ 0 ¢ W z 0 i - a O Y Z a 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER Fo"«f wc-c jucz, f ri13i Lccl TO: Jill Thomas, Senior Management Analyst FROM: Christy Jakl, Administrative Specialist DATE: August 1, 2009 SITUATION: On August 22, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Greek's Concrete to provide concrete and sidewalk maintenance and repairs. ACTION REQUESTED: Said Agreement states services shall be reviewed for extension by August 1, 2006. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: -�, P-� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: / !//f SIGNATURE OF OFFICIAL TAKING ACTION`_-�-1� DATE SIGNED: 9 C> ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 08/01/09 Deadline Date: 08/22/09 (600.30/greeks)