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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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