Loading...
12-0320_MUNICIPAL UNDERGROUND SERVICES INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this—qUlb day of SCh 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Municipal Underground Services Incorporated (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide storm drain cleaning, videoing and maintenance services; 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 Contractor shall consist of those tasks as set forth in the City's Request for Proposals, dated January 2012, 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 be valid for a term of three (3) years and terminate on March 19, 2015. The City will consider granting, at its discretion up to three (3) additional one (1) year option renewals based upon satisfactory performance of Consultant. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for storm drain cleaning, videoing and maintenance services, payable at the rates as set forth in Exhibit "A", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. !.imitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the 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 the 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated Page 2of7 the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the 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. 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. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. Page 3 of 7 Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 Page 4 of 7 and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. 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 shall have the right to terminate this Agreement without cause by giving thirty (30)days' advance written notice of termination to Consultant. Page 5 of 7 In addition, this Agreement may be terminated by any party 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: Keith Van Der Maaten, Utilities Director To Consultant: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Aureement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF N JUAN CAPIS NO La ra a or CO ULTANT c /y( i 14/ATT ST: PWA-l� Marla is, lity Cler (.) APPROVED AS TO FORM: Omar Sandd4al, City A torney Page 7 of 7 c i� J is •1 Exhibit "A" CONSTRUCTION SERVICES BID RESPONSE FORM From: mLLn_% C_` at UyiA2rrOLk1ncL �erV % CeS � 'y7v._C. . CONTRACTOR To the Honorable City Council City of San Juan Capistrano Council Members: 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 services: Routine Work-Price Per Linear Foot Item of Work Year 1 Year 2 Year 3 CCTV videoing of City Storm rj S Drain Lines-$/per LF EXHIBIT A Cleaning of City Storm Drain Lines -$/per LF L`XCe55%ve, c6. or5 0 C Lk V\ 5 f,-e n o1o`ecV5 w% 10 -e-, \eared k-ev-yNovel On a v, 1n oQ r \i �a '*S, 2 Routine Work-Hourly Rate Item of Work Year 1 Year 2 Year 3 Cost to do storm drain cleaning or other storm drain line work at normal working hours per the specifications. Price shall include all labor, material, trucks, e ui ment, and disposal costs. Cleaning of City Storm Drain Lines -$/per LF Unit Price Per Hour(FOR EACH q 5. 00 g S . O D C1 • 00 HOUR THEREAFTER-$IHR Emergency Work-Hourly Rate Item of Work Year 1 Year 2 Year 3 City Storm Drain Lines or other line work at hours other than stated as normal working hours per the specifications. Price shall include all labor, material, trucks, equipment, and disposal costs. Unit Price Per Hour(FOR FIRST C( s . 0 0 1 q1�j , C o fir,0 O TWO HOURS-$!HR Unit Price Per Hour(FOR EACH •0 ' 0 q S. 00 HOUR THEREAFTER-$1HR i 3 Markup Rates The Markup Rate shall not exceed l �J %. This rate shall be added to materials supplied by Proposer used outside the normal scope of work as described and/or to materials requested by the City. This markup rate shall only apply to materials that have approved by the City in writing before purchasing or shipping. If the contract is awarded, the undersigned agrees to enter into an agreement 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 March 7, 2012. 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 Utilities Director. 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 an agreement to the undersigned at the prices stipulated. S' re of Propos . ,L&Ox1�v, y)� P t e- c o r� (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: T r zrs °I ZotL 33201 PcL O CfrV2Ztc.. - 52n 5Lkay. Business Address Dated: �-e V(CkanA 9 I tot 2— `i (1 (o y —3 9 Z o 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: V-�O Y q 2Y C1 2oIZ X3201 4Sf�} L"eYVCZ� 5+C �k 5 01K ;YU a q Business Address Dated: `-i q 3 9 Z o Telephone Number 4 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. a v -�-e- M Lt n'% c,-k V c�-k Ll YN J e Y- f c>o vr\J 5 e r v-- ��C Proposer's Name Company Name 0 Q�5 O � � Yve- Z �e Y", Business Address ► s �"(� 7 J 3. 0%4q --3L04 --36( ZG 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 Amount 20 Qreser 55L 56s � L oo e--z. Po VN51,�eekL 2 o o k - P t esem� C; D� �. �►c�nzvtl. l��� r -eQ��, -zoo tr b Ae s tis 9r-ewv& 6 .'e � , 0 , cia.. D �s h� Zoo 1 — rQSeh-� C . � �S . �, Via►-��UoneS �� �s ►�-ee��. Y-6 fouvl Signature Company 5e v � us , TV\.c 5 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. Proposer's Name Company Name 2. 3 D`1 Pkseo C1CyrVez-01 ,J-LLNe, k:5a-rjQay\ �z is"m Business Address C14- q 2(a-7 S 3. 6( -( (,o 2 0 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. C1 Jay& 0 o m b► V\ "ti o v\ LAC� 2 O oZ I�kC-C o tJ 5 1aIrC L)Vn i Vn ZL vn—Tires lL oZ-u o1 e--- j-e-4e y- Y L&8. dLeo2 Qeay C i\ Y4 C.C-V- y rneraVa h Irl uh►�` �. h e v ro� v, �, � 5 C Signature Company j-eIry k ca � 6 312012012 AGENDA REPORT D9 TO: Karen P. Brust, City Manai, FROM: Keith flan Der Maaten, Utilities Director SUBJECT: Consideration of the Approval of Personal Services Agreements for the Purposes of Sanitary Sewer and Storm Drain Cleaning, Videoing, and Maintenance Services. (Municipal Underground Services Inc.) RECOMMENDATION By motion: 1. Approve the Personal Services Agreement with Municipal Underground Services, Inc. for sanitary sewer maintenance services for the unit prices shown in their proposal, not to exceed the City's adopted fiscal year operating budget. This agreement is for a term of three (3) years with three (3) additional one (1) year option renewals, and; 2. Approve the Personal Services Agreement with Municipal Underground Services, Inc. for storm drain maintenance services for the unit prices shown in their proposal, not to exceed the City's adopted fiscal year operating budget. This agreement is for a term of three (3) years with three (3) additional one (1) year option renewals. SITUATION: The City has approximately 557,771 linear feet (approximately 120 miles) of underground sanitary sewer lines that require annual cleaning. The City's sanitary sewer maintenance program includes the yearly cleaning of the entire system and the videoing of approximately 25% of the system. The City has approximately 283,821 linear feet (approximately 58 miles) of storm drain lines in the City. All of the City's catch basins and inlet structures are inspected annually. Approximately 500 catch basins and approximately 130 inlet structures are cleaned annually. Additionally, the City cleans and videos approximately 25% of the system annually. The City has contracted out the sanitary sewer and storm drain services to Municipal Underground Services Inc. since 2001. The City's existing contract, originally awarded in 2005, is set to expire on February 29, 2012, and does not include any provision for additional extensions. Staff solicited proposals for both the sanitary sewer and storm drain services, pursuant to Council Policy 112. Staff reviewed the proposals based upon experience, adequate staffing/resources to perform the work in the time specified by the Agenda Report Page 2 March 20, 2012 City, adequate knowledge of conditions, and the reasonableness of fees proposed. Based upon the results of the proposals received, staff recommends the approval of both Personal Services Agreements (sanitary sewer and storm drain) to Municipal Underground Services Inc. 13ackground: The Utilities Department elected to bid the services of sanitary sewer and storm drain cleaning, videoing, and maintenance services separately. The basis for this was to ensure that the City's service needs for each specified task were satisfactorily met, at the lowest cost possible. The intent was that if one contractor was found to provide sewer cleaning, videoing, and emergency repair services at the lowest cost and that a different contractor was able to provide storm drain cleaning, videoing, and emergency repair service at the lowest cost, the City would have the option of awarding the contracts to two separate firms. Staff initiated the Sewer Services RFP on December 19, 2011; requests for proposals were solicited from ten qualified firms (see Attachment 3, Sewer Bidders List). Bids were due on January 18, 2012. The City received a total of four bids. Staff contacted the identified references to ensure the performance was satisfactory and found the references confirmed the high quality services provided. Staff then reviewed the completeness of the proposals and the costs of the services. Attached for reference is a breakdown of costs for all gids received (Attachment 5, Bid Summary). Staff initiated the Storm Drain Services RFP on January 19, 2011; requests for proposals were solicited from ten qualified firms (see Attachment 4, Sewer Bidders List). Bids were due on February 9, 2012. The City received a total of three bids. Staff contacted the identified references to ensure the performance was satisfactory and found the references confirmed the high quality services provided. Staff then reviewed the completeness of the proposals and the costs of the services. Attached for reference is a breakdown of costs for all bids received (Attachment 6, Bid Summary). CO141'MISSIONIBOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission at the February 21, 2012, regular meeting voted unanimously to recommend approval of the proposed agreements. FINANCIAL CONSIDERATIONS: During Fiscal Year 11/12 the City budgeted the following for sewer and storm drain maintenance: • Sewer Maintenance: $375,000 • Storm Drain Maintenance: $111,000 Agenda Report Page 3 March 20, 2012 Staff calculated the estimated annual cost based upon the identified service requirements and determined the yearly cost for sanitary sewer services to be approximately $228,600 and $63,900 for storm drain services. The balance of appropriations for both sanitary sewer and storm maintenance is used for repairs and emergency services. Based upon the bids received, the current year budget is sufficient to cover this contract. The appropriate funds will be identified in the upcoming fiscal year's budget, and each successive year. NOTIFICATION: Advance Sewer Technologies Empire Pipe Cleaning Municipal Underground Services Incorporated National Plant Services Pro Pipe Services Incorporated RECOMMENDATION: By motion: 1. Approve the Personal Services Agreement with Municipal Underground Services, Inc. for sanitary sewer maintenance services for the unit prices shown in their proposal, not to exceed the City's adopted fiscal year operating budget. This agreement is for a term of three (3) years with three (3) additional one (1) year option renewals, and; 2. Approve the Personal Services Agreement with Municipal Underground Services, Inc. for storm drain maintenance services for the unit prices shown in their proposal, not to exceed the City's adopted fiscal year operating budget. This agreement is for a term of three (3) years with three (3) additional one (1) year option renewals. Respectfully submitted, Pr p r d y, qKeith aCnD e4raYenJust n Kirk Utilities Director Sen r Man nt Analyst Attachments: 1. Draft Personal Services Agreement, Sewer Services 2. Draft Personal Services Agreement, Storm Drain Services 3. List of Sewer Contractors 4. List of Storm Drain Contractors 5. Bid Summary, Sewer Services 6. Bid Summary, Storm Drain Services PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Municipal Underground Services Incorporated (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide sanitary sewer cleaning, videoing and maintenance services; 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 Contractor shall consist of those tasks as set forth in the City's Request for Proposals, dated December 2011, 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 be valid for a term of three (3) years and terminate on March 19, 2015. The City will consider granting, at its discretion up to three (3) additional one (1) year option renewals based upon satisfactory performance of Consultant. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for sanitary sewer cleaning, videoing and maintenance services, payable at the rates as set forth in Exhibit "A", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. ATTACHMENT 1 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency'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 the 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 the 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated Page 2 of 7 the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the 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. 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. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. Page 3 of 7 Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and Fold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and Fold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Ciass VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 Page 4 of 7 and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. 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 shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. Page 5 of 7 In addition, this Agreement may be terminated by any party 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: Keith Van Der Maaten, Utilities Director To Consultant: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the ,Judicial Arbitration and Mediation Service ("JAMS"). 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. [SIGNATURE PAGE FOLLOWS] Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Larry Kramer, Mayor CONSULTANT By: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: ow 8�JA 6&14 0� Omar a doval, City Attorne Page 7 of 7 Exhibit "A" CONSTRUCTION SERVICES BID RESPONSE FORM From: U -% C 1 0 ''-A Ae v V` 0, U', r e V- V '� Ce CONTRACTOR To the Honorable City Council City of San Juan Capistrano Council Members: 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 services: Routine Work-Price Per Linear Foot Item of Work Year 1 Year 2 Year 3 CCTV videoing of City Sewer and a a m Drain Lines-$/Per LF EXHIBIT A Cleaning of City Sewer Lines-$/ per LF 2 Emergency Work-Hourly Rafe (Two Man Crew) Cost to do sewer cleaning or other sewer line work at hours other than stated as normal working hours per the specifications. Price shall include all labor, material, trucks, equipment, and disposal costs. Year 1 Year 2 Year 3 Unit Price Per Hour FOR FIRST �s p , o ) � TWO HOURS- IHR � id 5`� L 3 Unit Price Per Hour FOR EACH ' e � e 0o HOUR THEREAFTER- IHR 4 Emergency Work-Hourly Rate (Three Man Crew) Cost to do sewer cleaning or other sewer line work at hours other than stated as normal working hours per the specifications. Price shall include all labor, material, trucks, equipment, and disposal costs. Year 1 Year 2 Year 3 Unit Price Per Hour FOR FIRST ' �=a[ , 0 U 2, S-, L) 0 TWO HOURS- IHR 5 Unit Price Per Hour FOR EACH HOUR THEREAFTER- /HR Callout Response Time: The estimated response time to call outs (during working hours): The estimated response time to call outs (after working hours): C-) 0) P-0- - -e v CL. _ h 0 Materials Markup: Estimated Markup for Materials: L 6 If the contract is awarded, the undersigned agrees to enter into an agreement 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{DATE). 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 Utilities Director. 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 an agreement to the undersigned at the prices stipulated. Signature of Proposer: (�O— 6o If an indivi uaI so state. If a firm or co-partnership, state the firm name and give the ( p p, names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof.) , Dated: ' A"J Business Address Dated: T2C-'—VN�j �. ` 2 6 -2- C) 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. iBusiness Address Dated: h �& Telephone Number STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 7 D-a V-1 & b J i-�-1 � (L� a V�8(yj V-0 0 A tks-ey,u'4 ces --rn, Proposer's Name Company Name Business Address 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 Amount MILS. coot - o\ V"I 2evt Yw � ks t\Ak Signature Company LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 8 Proposer's Name Company Name 2. Business Address +� 3. q�j c�---3 (OL --� q -2— c) 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. ?YY� . C> t� �. 1� _�"err i A- V Signature Company Y VT' C12 5, C f 9 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of , 2012, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Municipal Underground Services Incorporated (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide storm drain cleaning, videoing and maintenance services; 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 Contractor shall consist of those tasks as set forth in the City's Request for Proposals, dated January 2012, 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 be valid for a term of three (3) years and terminate on March 19, 2015. The City will consider granting, at its discretion up to three (3) additional one (1) year option renewals based upon satisfactory performance of Consultant. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed the total amount in the City's adopted fiscal year operating budget for storm drain cleaning, videoing and maintenance services, payable at the rates as set forth in Exhibit "A", attached and incorporated herein by reference. There is no guaranteed amount for this contract by the City to the Contractor. The Contractor may not, dependent upon availability of projects and/or funding, receive any work. The City shall issue purchase orders equal to the anticipated Contractor fees on a project basis, which shall constitute the Contractor's authorization to proceed. ATTACHMENT 2 3.2 /Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant small act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assi nrrient. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the 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 the 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. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated Page 2 of 7 the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed 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 the 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. 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. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 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. Page 3 of 7 Section 13. Indemnity, To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. 4n or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 Page 4 of 7 and non-owned vehicles in an amount not less than one million dollars per occurrence ($1,000,040.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following; Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Reserved 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (34) 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 shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. Page 5 of 7 In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a materia[ 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: Keith Van Der Maaten, Utilities Director To Consultant: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 Section 17. Attorneys'Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS")_ 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. [SIGNATURE PAGE FOLLOWS] Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Larry Kramer, Mayor CONSULTANT By: ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Omar Sando al, City Attorney Page 7 of 7 Exhibit "A CONSTRUCTION SERVICES BID RESPONSE FORM From: M l � t �-� VIc eIr- 11ro 'C. r V + C-C S te. . CONTRACTOR To the Honorable City Council City of Sari Juan Capistrano Council Members: 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 services: Routine Work-Price Per Linear Foot Item of Work Year 1 Year 2 Year 3 CCTV videoing of City Storm Drain Lines-$/per LF ' I EXHIBIT A Cleaning of City Storm Drain Lines -$! per LF m < I E E 3 �r V-\ E E E E 2 Routine Work-Hourly Rate Item of Work Year 1 Year 2 Year 3 Cost to do storm drain cleaning or other storm drain line work at normal working hours per the specifications. Price shall include all labor, material, trucks, equipment, and disposal costs. I Cleaning of City Storm Drain -' Lines -$1 per LF EE E Unit Price Per Hour (FOR EACH , D 0 ` 0 C HOUR THEREAFTER-$IHR Emergency Work-Hourly Rate Item of Work Year 1 Year 2 Year 3 City Storm Drain Lines or other E line work at hours other than stated as normal working hours 3 per the specifications. Price shall include all labor, material, trucks, equipment, and disposal costs. ^� i.J� B 5 � ✓y�e Unit Price Per Hour (FOR FIRST ( t 0o 6 e 0 AJ TWO HOURS-$IHR Unit Price Per Hour (FOR EACH HOUR THEREAFTER-$!HR) 3 Markup Rates The Markup Rate shall not exceed k %. This rate shall be added to materials supplied by Proposer used outside the normal scope of work as described and/or to materials requested by the City. This markup rate shall only apply to materials that have approved by the City in writing before purchasing or shipping. If the contract is awarded, the undersigned agrees to enter into an agreement 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 March 7, 2012. 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 Utilities Director. 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 an agreement to the undersigned at the prices stipulated. Si re of Propose f ^ (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: A'(kk-ay�. % -Z-Oa- '33201 Kse a C, rve,- - . Business Address 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: -( V"k. 2 Y ( 01 s e 'Yw `2—ck Business Address Dated: �' {_ 0 cl Telephone Number 4 STATEMENT OF EXPERIENCE THIS PAGE TO BE COMPETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. u n-t c�-� Ll h J e 111IJ f 0 OVAJ 5 Y,V,4 Proposer's Name Company Name �-� )- ;D-I UC �- Ve- 2-6%-j �5UJ(' Business Address f-� o,1/ n7`' 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 Amount es e n 5 Tc- 3-6 5 � L e--z. . p_ fes , �, b� f� � hk z,b C) Vewv�+, a- v kL ces-en e s i c b _ee . Signature Company c v 5 5 LIST OF EQUIPMENT THIS PAGE TO BE COMPLETED BY PROPOSER AND SUBMITTED TO CITY AS PART OF QUOTATION. 1. Proposer's Name Company Name 2. ce V, V C Z-a- Business Address C pv C 2- G 7 3. qqq 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. C)ol Co b 0A- -C)n V- � w Signature Company m �� 6 RFP: Sewer services: 201112012 DATE: December 19, 2011 c Il../,>/rLr.±r: �,:�-.ix>r S-,L3,._>�t5.,>.7_c�s.�...t/._-.-t.,:y.,F.,,<s>,�..S1.,s.7 C,.,,�7,,.-,'-3,-3�,.._Ji t__-.-,r>.ti...>r r,,.o.'ir..,>_.„,,,.,?t3fs�fY r>3S-.ac.f....�,r,Ja a�,Z.✓,•73->Y�=.1=',.„{-.r.S.r�s.,-v?rr,...--y�r,'f.r�J,.c.4:.,y,rt�..-.)r>,.J�r._:.E.'z,:",o:).,d>,,€r,1_�r,%ut>-,�rrr,...,„�,h,.=-.�3��c,/.7..-E.�fl/f��S�.r i, i/�,.zr.<.�r<�,`:j r r_"�..5,f zfYrf„.rj EL`77Ef t>.�'/.,Si,��/S.'J.r.Ft,rF�S,.l.r fr.rv,�r..-..€irZ,�=.,-/.�Ya,_.-,f C.,<',z,.ZL<)1s z"r�/-.,3l.,/;>E”.,€_...-..'�iS J>EE:sr,l�byr,.E,,.„>-,S,F:E a„,f.?1,�,zr-:cz,r=-c{i,)3s-€rt-Y,1"�-Efr.tra,.,.7itY:.),�i=-,,z,,-,-.4s./r...,;},.',,iS t_„s-Sr1 r15��r,s-..r/3/l....rrr..�-<.,_:F.I r3>-.Z.?3.F.,/,,._a.>ilF.vzs,3,.z€�Sz.?=,!✓,r-,r..z.r..F,,.::4,,:�-r.>,,....irVi�.,'.tf-i..),E.„r1,J..rLf,.1 x�..-z..;f..t:,,,�.�..,,f-E.-<��r.,S1rr,r f �t`}s�r-'✓€s3L?`�t/#t'iT,f:i,:/..1,,ES�,f-�r.i3--�,r,s „� :a/�3_-r!6t}r'...t.�5✓1i',I F.,.�)`):s 3 S i-”,[�fi!.j/.,rs1iv..,,,1<.,l.'.'s e:vtF t,?izs r3 1.zas}./�s4.'s,=:i/z. IJ,, eJ 4_ zr .. ' FEr �.:a . ��� .�1�: ,r,. .:�;, r., ,.:r. ��� � ��:. Y lfbe,�/r Lr.���, ' ''�j ��-, i > �fl�. ,z;t,(}..✓€ ��` 1 3 r � �� � { � /r Pro Pipe Steve Powers 249 South Paseo Tesoro Walnut CA 91789 9039-598-9746 909-598-9756 Craig Van Thyne craig@a empirepip Empire Pipe Cleaning Ent. ecleaning.com 1788 North Neville St. Orange CA 92865 714-283-8578 714-283-8578 Municipal Underground Services Dave Bout elle 28511 Breckenridge Dr, Laguna Niguel CA 92677 949-364-39203 National Plant Services Dennis Keene 1461 Harbor Ave. Long Beach CA 90813 562-437-3574 562-495-1528 Performance Pipeline Gene Huntington Technologies Glassburner 5901 Warner Ave. #482 Beach CA 92649 714 536-7386 (877) 717-8676 United Storm Water Inc. Dora Pina 14000 E. Valley Blvd. City of Industry CA 91746 866 440-2790 Advance Sewer Technologies Mike Ashker 4617 Brazil St. Los Angeles CA 90039 800-800-0510 Houser Engineering Corporation Bill Houser 37595 Peacock Circle Rancho Mirage CA 92270 760-578-1492 818-553-6619 ACE Pipeline Inspection & Cleaning Adele Duffy P.O. Box 463061 Escondido CA 1 92046 760-535-2144 760-735-6110 > Affordable Pipeline Services Duane Johnson 8340 Juniper Creek Ln. San Diego CA 92126 (858) 689-4000 . ,l —I A-1 Total Service Plumbing Raymond Gray 3025 W. Artesia Blvd., Torrance CA 90504 (888)201-8856 > Suite B1 0 M Z --I C,x� RFP: Storm Drain Services: 201112012 DATE. January 19, 2012 G � , -:, 1. ....e._....i t s ,f, s .1, .. -/ .. -x.- Gv M@" z,r, _f, ,�;%'i.�. i3,1•, -i} / J ., J,:t si ,�_ E:l 4. .fSz ,,f., r,r ,zEl��rrf„ „f �xr t r- J, •:';F� ,,r,i� t, /r rr,r s� 3 r 5 �, � } Pro Pipe Steve Powers 249 South Paseo Tesoro Walnut CA 91789 909-598-9746 909-598-9756 Craig Van Thyne craig@empirepip ..Empire Pipe Cleaning Ent. ecleanin .com 1788 North Neville St. Orange CA 92865 714-283-8578 714-283-8578 Municipal Underground Services Dave Boutelle 28511 Breckenridge Dr. .__Laguna Niguel CA 92677 949-364-3920 National Plant Services Dennis Keene 1461 Harbor Ave. Long Beach CA 90813 562-437-3574 562-495-1528 Performance Pipeline Gene Huntington Technologies Glassburner 5901 Warner Ave. #482 Beach CA 92649 714 536-7386 Covenant Pipeline Hydro Jet & Rooter Service Ramon Ferros 3818 Senasac Ave Long Beach CA 90808 714)898-3900 Advance Sewer Technologies Mike Ashker 4617 Brazil St. Los Angeles CA 90039 800-800-0510 Houser Engineering Corporation Bill Houser 37595 Peacock Circle Rancho Mirage CA 92270 1 760-578-1492 818-553-6619 ACE Pipeline Inspection & Cleaning Adele Duffy P.O. Box 463061 Escondido CA 92046 760-535-2144 760-735-6110 Affordable Pipeline Services Duane Johnson 8340 Juniper Creek Ln. San Diego CA 92126 858 689-4000 > A-1 Total Service Plumbing Raymond Gray 3025 W. Artesia Blvd., Torrance CA 90504 (888) 201-8856 Suite 131 - 3� Z 9 M Z .is Storm Drain Bid Response Year One Routine Routine Emergen Work Work Emerge cy Work Service Mark Amount Size of Cfeanin Vide g/ 1st 2 /per ney 1st /per Provider Up of Pipe Pipe g/LF LF Tntai hours hour 2 hours hour Total Coit 6,814 6"-16" 0.48 0.65 $ 1,107. 8 $ 345 $ 250 $ 390 $ 320 191,992 18"-39 0.58 $ $$4 $ 0.65 "31,98.7q $ 345 $ 250 $ 390 $ 320 AST 12% 64,904 42"-63" 0.68 lf,033A $ 0.65 345 $ 250 $ 390 $ 320 20,111 66"-96" 0.95 $ 4, i 3.6.` $ 0.65 04 $ 345 $ 250 $ 390 $ 320 283,821 $,44, 6 55 $".4Ei 0.9 $ W0.1 Prn Pipe 10% 283,821 N/A $0.54 $ 38,3. 5 84 $ 0.43 [5.. 0,51.. 7.6 is$, i 59 ' $ 165 $ 140 $ 165 $ 140 Mu-sl 1 159/. 283,821 N/A $0.35 24,834 3 $ 055 $"39,825.39 $ 63;8$9 73l 195 $ 195 1 $ 195 1 $ 195 —1 C7 r 9 M Z C.7't 1 Year Two Routine Routine Emergent Emergent Service Mark Amount Size of Cleanin Videoin Work 1st Work/per y 1st 2 y Work Provider Up of Ripe Pipe g/LFTt�taC g/LF dotal 2 hours hour hours /per haat 7�ital CaSI: '. 6,814 6"-16" $ 0.48 81 " $ $ 0.65 1€��: $ 345 $ 250 $ 390 $ 320.,,6 191,492 18"-39" $ 0.58 2 ,8 $k$ .` $ 0.65 $"31 $.7( " $ 345 $ 250 $ 390 $ 320 AST 12% 64,904 42"-63" $ 0.68 11.0338 $ 0.65 10546 93 $ 345 $ 250 $ 390 $ 320 20,111 66°-96" $ 0.95 4, 7 .3r $ 0.65 "3ii3t3 $ 345 $ 250 $ 390 $ 320 283,821 44 6.6,56. 4 . 1203 J ".9[3,587".4;8 Pro Pipe 1 10% 1 283,821 1 N/A $ 0.559,{3 '5. 9 $ 0.47 33;348.97 $ 7 ,374.3'fi $ 175 $ 145 $ 175 $ 145 MUST 1 15% 1 283,821 1 N/A 1 $ 0.35 :::.$:::l4,,8.3, 43.. 4 $ 0.55 $ 195.00 $ 195 1 $ 195 1 $ 195 2 Year 3 Emerge Routin ncy Routine e Work Emergenc Work Service Mark Amount of Ciearlin Videoin Work 1st /per y 1st 2 /per Provider Up Pipe Size of Pipe g/LFr�ti. g/LF2 hours hour hours hour ;Taal Cyst 6,814.00 6"-16" $ 0.54 $ "" +� ', $ 0.70 3 ,"12 360 $ 270 $ 410 $ 350 191,992.00 18"-3.9" $ 0.66 $',31", $ 0.70 $ X3,598 6 $ 360 $ 270 $ 410 $ 350 AST 12% 64,904.00 42"-63" $ 0.78 $ 12, 3£: 8 $ 0.70 $ x;3.5$ ( $ 360 $ 270 $ 410 $ 350 20,111.00 6611-9611 $ 1.08 $ " "5,429.97 $ 0.70 '.$ 3,5. 943 $ 360 $ 270 $ 410 $ 350 283,82L00 2 ° $ 49,6G8 ItS " ,$ 100,353:5"t7 ; Pro Pipe 10% 283821.00 N/A $ 0.56 $ X9,734:94': $ 0.47 $ 33,348 9 7 ,03$3.9 $ 185 $ 150 $ 185 $ 150 Musi 1 15% 1 283821.00 N/A $ 0.35 $ 21,8"34x4 $ 0.55 $ 39,115 39 $ 63;859.73 $ 195 $ 195 $ 195 $ 195 3 Sewer Bid Response Year One Routine Routine Work Work Emergency. Service Mark Amount Size of Cleanin Videoin 1st 2 /per Emergency Work/per Provider Up of Pipe Pipe g/LF TO a g/LF Tatal.': hours hour 1st 2 hours hour TotaI t 1,129 4" 1.25 1,4111.25 $ 0.75 $ ;' 211:69 $ 325 $ 25Q $ 450 $ 350 13,165 6" 0.62 8; 6 30' $ 0.65 ,139;31 $ 325 $ 250 $ 450 $ 350 547,044 8" 0.49 $ 0.31 $. 42,395::91 $ 325 $ 250 $ 450 $ 350 21.,261 10 0.51 $ 10y4311< $ 0.35 ", . 1,860:34" $ 325 $ 250 $ 450 $ 350 37,921 12" 0.59 22, 73.89,1: $ 0.51 4:.4 $ 325 $ 250 $ 450 $ 350 15,876 15" 0.66 10; 8 iii $ 0.58 $ ; 2,3t102 $ 325 $ 250 $ 450 $ 350 Empire 159/8 8,274 18" 0.72 $; ' � 28' $ 0.64 ` 1, 2384: $ 325 $ 250 $ 450 $ 350 6,429 21" 0.95 6, 07.55 $ 0.64 "$:"` 1,02 6 " ' $ 325 $ 250 $ 450 $ 350 5,72424" 1.05 ; 10 20'.': $ 0,77 1,10187 $ 325 $ 250 $ 450 $ 350 265 26" 2.5 662 50 $ 0.95 $ .'; 62.94 $ 325 $ 250 $ 450 $ 350 449 27" 2.5 x,322 50. $ 2.25 $ ' 252:56. " $ 325 $ 250 $ 450 $ 350 234 3Q" 2.75 3 50 $ 3.75 219:38 $ 325 $ 250 $ 450 $ 350 657,771 341,823.30,' $ 57,73142 $ 3",556,72 . AST 10% 657,771 N/A $0.26 $ 171;(320 46'. $ 0.42 $.::65 0 5.96 "$ 24026.42',' $ 345 $ 250 $ 410 $ 315 MUSl 15% 657,771 N/A $Q.21 13$,131:91;, $ 0.55 $ 0,443'5,1 $ 228,575.42 $ 195 $ 195 $ 225 $ 225 National > Plant = Services 15% 657,771 N/A $0.49 $ 322, 07 79 $ Q.58 $ 95,376.80 $;"417,684 59 $ 548 $ 300 $ 773 $ 400 M Z a 1 Sewer Sid Response Year Two Routine Routine Emergency Service Mark Amount Size of CleaninVideoin Work 1st Work/per Emergency Work/per Provider Up of Pipe Pipe g/LF Tai l' g/LF T t 2 hours hour 1st 2 hours hour Total Cast:' 1,129 4" $ 1.25 $ " "1,41 $ 0.75 $ 211.69 $ 325 $ 250 $ 450 $ 350 13,165 6" $ 0.62 $ 0.65 2,139.31 $ 325 $ 250 $ 450 $ 350 547,044 8" $ 0.49 � 6�fU� $ 0.31 325 $ 250 $ 450 $ 350 21,261 10 $0.51 $ ;1Ci, "1.�' $ 0.35 1,8603 $ 325 $ 250 $ 450 $ 350 37,921 12" $ Q.59 ;22;33 39 $ 0.51 ?i, 4.93 $ 325 $ 250 $ 450 $ 350 15,876 15" $ Q.66 $ 1[1,478 $ 0.58 2,30 ",02 $ 325 $ 250 $ 450 $ 350 Empire 15% 8,274 18" $ 0.72 5,9"" 7.2 $ 0.64 $ 1,323 $ $ 325 $ 250 $ 450 $ 35n 6,429 21" $ 0.95 $ 6,1p $ n.64 1,02&. $ 325 $ 250 $ 45Q $ 350 5,724 24" $ 1.05 $ 6,{ 1p 2(3 $ 0:77 ,1p1 8 $ 325 $ 250 $ 450 $ 350 265 26" $ 2.50 0 $ 0.9562.9z� $ 325 $ 250 $ 450 $ 350 449 27" $2S0 $ 1,12.50 $ 2.25 325 $ 250 $ 450 $ 350 234 30" $ 2.75 $ fsia5(7"; $ 3.75 325 $ 250 $ 450 $ 350 657,771 $ 341, 2 30 $" 57,733.42 399,5512 AST 10% 657,771 /A $ 0.26 $ 71,020 46" $ 0.42 $ " ,(}i5 96 d,t�8 42 $ 345 1 $ 250 $ 410 $ 315 MUSI 15% 657,771 N/A $ n.21 $ 30113 91""1 $ 0.55 90,443 $ $ 228;575%AL2; $ 145 $ 195 $ 225 $ 225 National Plant Services 15% 657,771 N/A $ 0.52 338,752 07 $ 0.61 104,310.(}$ 439;Oi2':14 $ 576 $ 315 $ 812 $ 420 2 Sewer Bid Response Year 3 Routine Routine Emergency Service Mark Amount Size of Cleanin Videoin Work 1st Work/per Emergency Work/per Provider Up of Pipe Pipe g/LF g/LF Tatal 2 hours hour 1st 2 hours hour Total Cost 1,129 4" $ 1.25 $ x.41 25 $ 0.75 $ 211. 3 $ 325 $ 250 $ 450 $ 350 13;165 6" $ 0.62 $ ; 8x12.3©; $ 0.65 325 $ 250 $ 450 $ 350 547,044 8" $ 0.49 $ 268,051.56 $ 0.31 325 $ 250 $ 450 $ 350 21,261 10 $ 0.51 $ J ,$ 11" $ 0.35 $ 1,860.34 $ 325 $ 250 $ 450 $ 350 37,921 12" $0.59 $ 2 ;33 33 $ 0.51 $ 4,834. 3" $ 325 $ 250 $ 450 $ 350 15,876 15" $ 0.66 $ 0.4.7 ..A $ 0.58 $" 2,3.02.02 $ 325 $ 250 $ 450 $ 350 Empire 15%n 8,274 18" $ 0.72 $ 0.64 $ 1,323. 4 $ 325 $ 250 $ 450 $ 350 6,429 21" $ 0.95 $ 6;107.55 ' $ 0.64 $ ,028. 4 $ 325 $ 250 $ 450 $ 350 5,724 24" $ 1.fl5 $ 6;010 " $ 0.77 $ 1,101.$7" $ 325 $ 250 $ 450 $ 350 265 26" $ 2.50 $ , Cf2:50 $ 0.95 $ 6 .94" $ 325 $ 25n $ 450 $ 350 449 27" $ 2.50 $ '' 1,12 "50' $ 2.25 325 $ 250 $ 450 $ 350 234 30" $ 2.75 $ 6 '3.50 $ 3.75 325 $ 250 $ 450 $ 350 657,771 $ :341,82:3 30> $ 57,73.3.42 $' 99,55 ,72.. AST 10% 657,771 N/A $ 0.27 $4775M,17 $ 0.44 $ X2,354;$1 "$ 249,95.198' $ 345 1 $ 250 $ 410 $ 315 M usi 15% 657,771 N/A $ 0.21 $ ;13$,1 :1.91; $ 0.55 $ 90,443:51 $ 2.8,5'75.42 $ 195 $ 195 $ 225 $ 225 National Plant Services 15% 657,771 N/A $ 0.55 $:35. 4.85,.20 $ 0.64 $ 105,243.36:." $ 463,72:8 56 $ 605 $ 331 $ 854 $ 441 3 tjM�1r 82400 pAGeo AoeLANTo .� MBMMM of THE a"COut L GAN JUAN CAPWMANQ.CA 9267$ /j OAMAU"70 (949)4931171 IMM (949)493-1083 VP • uuaun 1961 LAW tAIRAFRME www=q*ncaptstrano org DEREKREM JOHN TAVWR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 20, 2012, in the City Council Chamber in City Hall, to consider: "Consideration of the Approval of Personal Services Agreements for the Purposes of Sanitary Sewer and Storm Drain Cleaning, Videoing, and Maintenance Services. (Municipal Underground Services, Inc.)"—Item No. D9. 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, March 19, 2012, 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 dals. 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 Justin Kirk, Senior Management Analyst. You may contact that staff member at (949) 443-6381 with any questions. The agenda, Including agenda reports, is available to you on our web site: www.sanivancaaistrano.ora. 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: citvclerlAsanjuancaoistrano.ora. Maria Morris, CMC City Clerk cc: Advance Sewer Technologies; Empire Pipe Cleaning; Muncipal Underground Services Incorporated; National Plant Services; Pro Pipe Services Incorporated San Juan Capistrano;Preserving the Past to Enhance the Future 32400 PASEO AOELANTO p � � MEMBERS OF THE CITY COUNGL BAN JUAN CAP'i' RANO.CA 92575 sAn1ALLEVATo (9 4 91 493-117 (949)493-1053 FA% y/ IHIHHHI LNUMFREESE nnumu 1961 LARRYXMMER wwwsanjuancapistranc.org 1776 DEREK RE� • JOHN TAYLOR TRANSMITTAL TO: Municipal Underground Services, Inc. 28511 Breckenridge Drive Laguna Niguel, CA 92677 DATE: April 25, 2012 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreements — 1) Sanitary Sewer Cleaning, Videoing and Maintenance; 2) Storm Drain Cleaning, Videoing and Maintenance. Thank you for maintaining documentation confirming compliance with the terms of the agreements related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreements. If you have questions related to insurance requirements, please call me at (949) 443-6310. If you have questions concerning the agreement, please contact Justin Kirk, Senior Management Analyst at (949) 443-6381. An original agreement is enclosed for your records. Cc: Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 1�Q axmoa on,00x mcyUee eace Christy Jakl From: Christy Jakl Sent: Wednesday,April 25, 2012 4:06 PM To: Justin Kirk Subject: Executed PSAs(Municipals Underground & Pascal and Ludwig) Attachments: 12-0320 PSA - Municipal Underground-Storm Drain.pdf; 12-0320 PSA - Municipal Underground -Sanitary Sewer.pdf, 12-0417 PSA - Pascal &Ludwig - Greensand Filters.pdf HI Justin, Attached are the executed PSAs with Municipal Underground and Pascal & Ludwig. Thanks! C;hhst� JAI Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949)443-6310 1 (949)493-1053 fax i