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03-0204_ALEXANDER ENGINEERS, INC._Transmittal to Alexander Engineers32400 FASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) 1vwlv.sanjuancapistrano. org February 4, 2003 Alexander Engineers, Inc. 502 W. Alosta Ave, Ste 17 Glendora, CA 91740 Dear Sir or Madam: -� m II(Illlllf(1 • D RBIIN 1961 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATT HART JOESOTO DAVID M. SWERDLIN CITYMANAGER GEORGE SCARBOROUGH A Personal Services Agreement related to providing engineering design and construction inspection services for the emergency generator electrical connections project is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Once received, a fully executed agreement will be forwarded to you with instructions to proceed with the scope of services. Insurance evidence may be faxed to (949) 493-1053, followed by original signed documents. I have enclosed copies of pages 4 through 6 of the agreement for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Peter Salgado, Associate Engineer ((949) 443-6366. If you have questions regarding the forms of insurance needed, please contact Dawn Schanderl, Deputy City Clerk (949) 443-6310. enclosure: as noted cc: Peter Salgado, Associate Engineer Amy Amirani, Public Works Director Dawn Schanderl, Deputy City Clerk oxuo use rs San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) Ivtvly sanjuancapistrano. org February 4, 2003 Alexander Engineers, Inc. 502 W. Alosta Ave, Ste 17 Glendora, CA 91740 Dear Sir or Madam: • ate., • �j NIIp11t1111 numllH ! 196t 1776 MEMBERS OF THE CITY COUNCIL DIANE L BATHGATE JOHN S. GELFF WYATTHART JOESOTO DAVID M. SWERDLIN CITY MANAGER GEORGESCARBOROUGH A Personal Services Agreement related to providing engineering design and construction inspection services for the emergency generator electrical connections project is in the process of being executed and will be issued upon receipt of required documentation related to contract terms under Section 14. Insurance. Once received, a fully executed agreement will be forwarded to you with instructions to proceed with the scope of services. Insurance evidence may be faxed to (949) 493-1053, followed by original signed documents. I have enclosed copies of pages 4 through 6 of the agreement for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Peter Salgado, Associate Engineer ((949) 443-6366. If you have questions regarding the forms of insurance needed, please contact Dawn Schanderl, Deputy City Clerk (949) 443-6310. enclosure: as noted cc: Peter Salgado, Associate Engineer A Amirani, Public Works Director Hawn Schanderl, Deputy City Clerk ORIIO 115E San Juan Capistrano: Preserving the Past to Enhance the Future 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 4 W/Eng\cptl\gnrtr_conn\Alexander Eng PSA.doc 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury.to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. \ If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. / 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. / 14.5 Errors and Omissions Coverage V 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 Clerk's office 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 (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 5 W/Eng\cptl\gnrtr_connWexander Eng PSA.doc 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Public Works Director To Consultant: Alexander Engineers Inc. 502 W. Alosta Ave. Suite 17 Glendora, CA 91740 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. 6 W/Eng\cptl\gnrtr_connWexander Eng PSA.doc