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13-1008_STEWART & ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this I "6+\ay ofOvtDi:t-(2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ed Stewart & Associates (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to inspect manhole sites for debris and gas readings; 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 the Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until June 30, 2014 Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $21,600.00 as set forth in Exhibit "A", attached and incorporated herein by reference. 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 1 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 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 2 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. 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. 3 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 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 4 afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage [FOR PROFESSIONS/WORK EXCLUDED FROM GENERAL LIABILITY] Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1 ,000,000 ). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 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 (1 0) 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. In addition, this Agreement may be terminated by any party for cause by providing ten (1 0) 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 (1 0) 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: 5 To City: To Consultant: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Tom Johnson E. Stewart & Associates 1000 Calle Negocio San Clemente, CA 92673 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. Section 20. Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and has the same force and effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONSULTANT ~d~ \ ATTES 1 : APPROVED AS TO FORM: Hans Van Ligten, City Attorne 8 E. Stewart and Associates, Inc. 1000 Calle Negocio September 9, 2013 Tom Johnson Water District Supervisor City of San Juan Capistrano 32400 Paseo Adelanto San Clemente, CA 92673 (949) 498-9250 FAX (949) 498-4961 San Juan Capistrano, CA 92675 Proposal for Debris and Gas Readings of Various Manhole Sites Scope of work: Inspect manhole sites for debris and gas readings. 2 men with equipment: 48 hours at $50.00 per hour (per month)= $2,400.00 Please call, should you have questions or require further information. Sincerely, Ed Stewart EXHIBIT A Ci t y of Sa n Ju a n Ca p i s t r a n o PU R C H A S E RE Q U I S I T I O N 70 Fu n d 94 8 6 0 De p t . / D i v $8 5 , 5 8 2 . 6 2 Fu n d s Av a i l a b l e 64 1 1 6 Ob j e c t De l i v e r y 11 3 2 4 0 0 Pa s e o Ad e l a n t o Ad d r e s s Sa n Ju a n Ca p i s t r a n o CA 92 6 7 5 Qt y / U n i t De s c r i p t i o n 00 0 0 0 Pr o j e c t Pu r c h a s e Or d e r # A Un i t Pr i c e Ve n d o r No . ST E 0 4 00 0 Co s t Ce n t e r To t a l NA M E S AN D AD D R E S S E S OF VENDORS CONTACTED A E. ST E W A R T AN D AS S O C I A T E S , INC. 10 0 0 CA L L E NE G O C I O SA N CL E M E N T E , CA 92 6 7 3 B MU N I C I P A L UN D E R G R O U N D SERVICES c ST R I N G E R CO N S T R U C T I O N B Un i t Pr i c e c To t a 8 U n i t Price Total 9 Se w e r Ma n h o l e In s p e c t i o n s $2 , 4 0 0 . 0 0 $2 1 , 6 0 0 . 0 0 $2 , 9 7 6 . 0 0 $2 6 , 7 8 4 . 0 0 $4,752.00 $42,768.00 SJ C Co n t a c t (a n d ph o n e ex t . ) : lT o m Jo h n s o n x 43 1 0 $ 21 .' 6 0 0 . 0 0 $ 26 , 7 8 4 . 0 0 $ 42,768.00 _ $ - 0. 0 0 $ 0. 0 0 $ 0.00 _ $ - 0. 0 0 $ $ 0.00 $ 21 , ,6 0 0 . 0 0 I _$ ~2,768.00 ?o~ " l / 3 tt i , /i 3 \ Da t e : Su b m i t t e d by : D'' (9 - f Jj < Lx • I:. C , i/ 3 ~~ P Y J A ! D i c i d 1 1 _J -; y / / Ge m S t o n e Page 1 of 1 1 11 J ~ I c o m e Be t s y Du b o i s ! 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Stewart and Associates, Inc. 1000 Calle Negocio September 9, 2013 Tom Johnson Water District Supervisor City of San Juan Capistrano 32400 Paseo Adelanto San Clemente, CA 92673 (949) 498-9250 FAX (949) 498-4961 San Juan Capistrano, CA 92675 Proposal for Debris and Gas Readings of Various Manhole Sites Scope of work: Inspect manhole sites for debris and gas readings. 2 men with equipment: 48 hours at $50.00 per hour (per month) = $2,400.00 Please call, should you have questions or require further information. Sincerely, Ed Stewart EXHIBIT A September 19, 2013 City of San Juan Capistrano Mr. Josh Lopez 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Re: Sewer Rounds Dear Josh, Munidpal Underground Services, Inc. 28511 Bred<a1rdJe Dr., L.cg..na Nig..tel, CA 92677 A1#(949) 364-3920 Cel#(949) lffi-1223 Fax#(949)429.ffi14 Emcil: ml.S@rox.ra l...K:a1se# 00147 4 Proposal As per our conversations, Municipal Underground Services, Inc. hereby proposes to take over the "Sewer Rounds" Responsibilities. The following are the said responsibilities: • Will check the Topside of the Five (5) Siphons. • The Two(2) Flow Check Sites (Manhole#C-16-137 & 08-116) looking for proper flow, and the Two(2) Lift Stations (De La Vista & Rosenbaum) for Run Times and proper operation. Once every two weeks the Rosenbaum Lift Station will be washed down. • The "Sewer Rounds" will occur on Monday, Wednesday, and Friday. Unless unforeseen complications arise, compensation shall be fifty hours (50) per month at $99.00 per hour, totaling $4,950.00 per month. Municipal Underground Services, Inc. is ready to accept the above responsibilities upon signed acceptance of this proposal. David Boutelle Accepted By: Signature Date Municipal Underground Services, Inc. Print Name Title PO# __________________ __ Purchaser: Tom Johnson Water District Supervisor City of San Juan Capistrano 32400 Paseo Adelanto San Clemente, CA 92675 Stringer Construction 15615 Lanfair Avenue Lancaster, CA 93535 (818) 674-8446 JOB PROPOSAL Project Name: City of San Juan Capistrano: Gas readings and debris removal at manhole covers. Date: 9-09-2013 Description: Debris removal and gas readings at city manhole areas. 2 men at $62.50 per hour, for 48 hours per month. Total fee per month: $3,000.00 Neil Stringer 9/10/13 Project Initiation Memo TO: Justin Kirk FROM: Joshua Lopez SUBJECT: Sewer Manhole Inspections Description: Inspect manhole sites for debris and gas readings. Location: Various Manhole "Hotspot" Locations Project Cost: $2t~G:oo0. CC Funding Source: 70-94860-64116-00000-000 Bidding: Bids went out to three separate companies for an hourly rate. E. Stuarts and Associates won the bid by coming in the cheapest and due to their history and experience in doing this work previously. Staff Analysis & Recommendation The sewer manholes that are listed as being "hotspot manholes" are locations know to collect or build up debris and have a higher than average flow that require a more frequent inspection. They are to be checked three times a week, every week. Before each manhole is opened, they are to be checked with a gas detector for any dangerous gases and readings are to be recorded. Once the manholes are opened, then they are to be checked and cleaned if necessary. Joshua Lopez E. Stuarts and Associates Tom Johnson Utilities Operator I 1 000 Calle Negocio, Utilities Superintendent jloQez@sanjuancaQistrano.org CA 92673 tjohnson@sanjuancaQistrano.org 1949) 973-0885 PH®949) 498-9250 (949)-487-431 0 Respectfully submitted, Tom Johnson Utilities Superintendent Date of Request Requesting Dept Signature of Dept Head LEGAL SERVICES REQUEST FORM City of San Juan Capistrano City Attorney's Office PLEASE SUBMIT ALL DOCUMENTS ELECTRONICALLY Wild1es Primary Contact Person (Project Manager) Phone # I E-mail Project Name NATURE OF REQUEST 0 Urgent (Same Day) 0 High Priority (2 Days) ~ Regular (2 Weeks) 0 Lower Priority (2+ Weeks) Due Date:----- 1om~ ~ Review Draft Agreement/Contract 0 Review Report & Draft Resolution for PC Agenda 0 Draft/Review Municipal Code Amendment 0 Review Report & Resolution for CC Agenda 0 Review Report & Prepare Ordinance for CC Agenda 0 legal Opinion . )l Other (please describe): --==S{=.r~¥-'------ list of Attached Materials: 'l t~p/es o1 PSA if/dh Ed 5te.wetr+ . .f>r:XWer Mdnnot:.-{n~Hot\.5~ Background Information: Re+w SErvice>-lo i(}Sj?~t rnanoole s1+es -for debn·~ ~ JtW re.ttdiCfis. C Need further back-up info: Completion Date: City Attorney comments: FINAl APPROVAL: 0 City Attorney BELOW FOR ATTORNEY USE By Attorney: November 2011 CITY OF SAN JUAN CAPISTRANO DOCUMENT TRANSMITTAL FORM This form is for the transmittal of documents for signature. (e.g. Agreements, Contracts, Deeds, Easements) Date: Agenda Item No. (if Applicable): ____ _ E. Ste:wa.r-f --tv in.sped- StaffContact: Tom Joht7son Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Step 1 ~Purchasing-For Procurement Contracts/Agreements (if applicable) CJ $3,000 or less-(Department Head's Authonty -No Purchase Order Reqwred STOP-further routing not necessary) CJ $3,00 I -$10,000-(Department Head's Authority) l:EJ $10,001 -$45,000-(City Manager's Authority) CJ $45,00 I or over -(City Council Approval Required*) *Date of Council Approval _____ or Resolution No CJ Public Contracts $45,000 or less-(City Manager's Authority Required) CJ Public Contracts over $45,000-(City Council's Authority Required*) *Date of Council Approval: _____ or Resolution. No .. Step 2 ~Department Head D Approved c:J Not Approved CJ Not Applicable Director's Initials/Date Step 3 I)(J City Attorney [g) Approved 0 Not Approved D Not Applicable City Attorney's Initials/Date _____ _ Step 4 ,SFinance 0 Funding Available D No Funding Available CJ Budget Amendment Required Notes:-----'---------- Finance Initials/Date Step 5 3-City Manager 0Approved 0Denied City Manager's Initial's/Date: ----- Step 6 ,Kl Insurance Requirements (if applicable) *Mark the requirements included in the attached document. CJ Commercial/General Liability CJ Auto Liability CJProfessional/Errors and Omissions D Public Works Contracts-Labor/Material & Performance Bonds City Clerk (For Final Routing) Please provide the following and return to the City Clerk's Office: Page I of2