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06-0801_S. PARKER ENGINEERING INC_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of r 2006, by and between the City of San Juan Capistrano (hereinafter refe ed 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 SL-' 1 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. 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 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. 4 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 Cancellation/Termination of Insurance. 5 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. 0 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. ATTEST: R. Monahan, City Clerk D AS TO FORM: — 9:: � - John R. yS w, City Attorney VA CITY OF SAN JUAN CAPISTRANO By: --q7 IJ�nY�O M� Dave Adams, City Manager CONSULTANT By: Steve arker. President CONCRETEISIDEWALK 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 examinsd'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 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. _ Quantitles Remove and Replace ff — 1:2.10 13. 3 / /gZcS. — Concrete (4" Thick) 500 S.F. Less Than 100 S.F. Remove and Replace i3•sa /y. es' /6.32, 22.3Vo• — Concrete (4" Thick) 500 S.F. 101-250 S.F. Remove and Replace Concrete (4" Thick) 2,000 S.F. 251 S.F. — 400 S.F. Remove and Replace /2. So i3. 7s 4"/z.372390. " Concrete (4" Thick) 9,000 S.F. Over 400 S.F. TOTAL yd•Sa Sr•7o * Cost for thickness lesser or greater than 4- snail De prorates on a oirect "/o oasis, Mal -- is, the cost for 2" thickness would be half, the cost for 8", double, and so -forth. 0 0 Please indicate below the equipment and number of personnel includep in the quoted rates above: Please indicate below the hourly rate for any specialized equipment rot; 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 Rats Em rgency ,— ghp G�• �' 7s• _ 7s. 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 ill the work in the manner set forth, described and shown in the Specifications for the Vrork. 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 ragtlired to pay for permits on City projects. If the contract is awarded, the undersigned agrees to enter into a contrlkct 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 Jul,,f 1, 2006. 0 0 Concrete Work - Curb & Gutter ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour Annual Year 1 Year 2 Year 3 Costa Unit Price Per Hour EACH HOUR THEREAFTER. Quantity ,FOR Upon Approx. Quantlties Remove 6 Curb and 2,500 L.F. q. ' /4. to . y� 33100.— 18" Gutter Concrete Grinding (2 ft. wide) 22. Z4 - Z:> 2r, -6'e: I 2050. — Remove 8" Curb and16.— 4.& o ►7.2� 3Qg2. 24" Gutter 200 L.F. Construct Type A 200 L.F.l • 37.4 �i I . �`i 22So&. Curb Construct Type B 200 L. F. 3G•' 34.60 43. s� 23g3z. Curb Construct 6" Curb and 2,500 L.F. 44,— 48.40S3•zy' 3oyitoo.— 18" Gutter Construct 8" Curb and 200 L.F. �kb ' 3o452 ' 24" Gutter 50.60 TOTAL Ila• i '1.' 2oS.70 by, Grindina ITEM OF WORK Approx. $/L.F. $/L.F. $/L.F. 3 Year Total Unit Price Per Hour Annual Year 1 Year 2 Year 3 Cost Based Unit Price Per Hour EACH HOUR THEREAFTER. Quantity ,FOR Upon Approx. Quantities Asphalt Grinding (2 ft. 1$ . /4. to 21;18 119160, — wide Concrete Grinding (2 ft. wide) 22. Z4 - Z:> 2r, -6'e: I 2050. — TOTAL 4o- — — 9 30 210 Emergency Work - Hourly Rate $/Hr $/Hr In Figures In Words Unit Price Per Hour FOR FIRST TWO HOURS. -• �' a�s6 i.4,Na,aa.d tastes �► w� Unit Price Per Hour EACH HOUR THEREAFTER. ,FOR 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 s 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 Dated: June 12, 2006 Business Address (714) 241-0560 Telephone Number Steve T. Parker - President Linda M. Parker - Secretary/Treasurer S. Parker Engineering, Inc. - Corporation 0 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 ATTACKED ,51gnature S ve T. Parker S_ Parker Fngineeringy Tnr_ Company 0 9 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 S gna ure Steve T. Parker S. Parker Engineering, Inc. Company GENERAL PROVISIONS 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, OA 92675 (949) 493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org August 2, 2006 Steve T. Parker S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 Dear Mr. Parker: L� 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: ♦ General Liability and Automobile Liability expired on August 1, 2006. ♦ Our agreement requires an endorsement form for the General Liability and Umbrella policies naming the City of San Juan Capistrano as additional insured. We need a separate endorsement form, including the policy number. 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 Mankipwich, Associate Engineer (949) 487-4313. Please call me at (949) 443-6309 if you hbve gpesgons regarding the forms of insurance needed. ira Clerk cc: `Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Ci Printed on 1 W% Recycled Paper MEMBERS OF THE CITY COUNCIL m[oArAMRE SAM ALLEVATO DIANE BATHGATE iSi11lISM[0 I (96) WYATT HART )776 JOESOTO � 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: ♦ General Liability and Automobile Liability expired on August 1, 2006. ♦ Our agreement requires an endorsement form for the General Liability and Umbrella policies naming the City of San Juan Capistrano as additional insured. We need a separate endorsement form, including the policy number. 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 Mankipwich, Associate Engineer (949) 487-4313. Please call me at (949) 443-6309 if you hbve gpesgons regarding the forms of insurance needed. ira Clerk cc: `Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future Ci Printed on 1 W% Recycled Paper 1] 32400 PASFO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www.sanjuancapr_rtrano. org TRANSMITTAL TO: S. Parker Engineering, Inc. 2783 Tern Circle Costa Mesa, CA 92626 Attention: Steve T. parker Joe&" • (SIAAus9 A➢ 1961 1776 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 MEMBERS OF THE CITY COUNCIL RE: Personal Services Agreement — concrete and sidewalk maintenance & repairs 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 contact Maria Guevara, Deputy City Clerk (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 ce the Future