Loading...
10-0602_DEXTER WILSON ENGINEERING, INC_Personal Services AgreementPERSONAL SERVICES AGREEMENT TRIS AGREEMENT is made, entered into, and shall become effective this day o010, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Dexter Wilson Engineering, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare improvement plans for the relocation of an under -ground Pressure Reducing Station to above -ground located at Calle Pinon and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in 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 and shall terminate, and all services required hereunder shall be completed, no later than June 30, 2010. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $11,200 (Eleven thousand and two hundred dollars) as set forth in Exhibit "B," 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. • 0 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 City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assi nment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant: Section 6. Changes to Scope of Work. 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. Familiaritv 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. 2 0 0 Section B. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law; E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis- dhs.com/employerregistration. Consultant shall certify its registration with E -Verify and provide its registration number .within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. 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. 3 • 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. 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 M 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 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 naming City, its officers, employees, agents, and volunteers as additional insureds 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 Errors and Omissions Coverage [FOR PROFESSIONSIWORK 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 Can ceIlation/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 5 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 (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: William Curry To Consultant: Dexter Wilson Engineering, Inc_ . 2234 Faraday Avenue Carlsbad, CA 92008 Attn: Andrew M. Oven, PE 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. Ci 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 Acireement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. APPROVED AS TO FORM: CITY OF SAN JUAN CAPIS RANO By. A�� ae Tait, Yity Manager CONSULTANT By: 7 0 0 DEXTER WILSON ENGINEERING, INC. March 3, 2010 City of San Juan Capistrano Utilities Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attention: Eric P. Bauman, P.E., Utilities Engineering Manager DEXTER S. WILSON, P,E. ANDREW M. OVEN, P.E. STEPHEN M. NIEISEN, P.E. DIANE H. SHAUGHNESSY, P.E. 000-204 Subject: Proposal for Engineering Services to Prepare Improvement Plans for the Above -Ground Relocation of the Calle Pinon Pressure Reducing Station We are pleased to provide the City of San Juan Capistrano Utilities Department with the following proposal for engineering services. The work, as further described in the Scope of Services below, consists of providing professional engineering services for the final design of improvements to the Calle Pinon Pressure Reducing Station. The Utilities Department has indicated a preference for relocating this facility above ground. This proposal encompasses the coordination of several engineering disciplines to accomplish this goal. The Scope of Services comprises the design phase of the project. Bidding and construction phase services are not included at this time. Additional clarification of the proposed scope is provided within the Scope of Services portion of this proposal. Exhibit "A" provides an estimate of hours by task, and Exhibit "B" provides an estimate of costs by task. We propose to do the work on an hourly rate basis with a cost ceiling for the tasks described of $11,200. 2234 FARADAY AVENUE . CARLSBAD, CA 92008 • (760) 438-4422 FAX (760) 438-0173 Eric P. Bauman, P,E. Calle Pinon PRS March 3, 2010 Page 2 SCOPE OF SERVICES. Dexter Wilson Engineering, Inc. will perform the following tasks. Task 1 - Research existing As -Built drawings, geotechnical reports, and cathodic protection studies for the Calle Pinon Pressure Reducing Station site. Researched drawings will include street and utility improvement plans and grading plans. Task 2 - Conduct geotechnical review of the Calle Pinon Pressure Reducing Station site using the researched geotechnical reports prepared for the subdivisions in which these stations are located and other literature available for the area. Task 3 - Prepare site piping plan for the relocated pressure reducing station. In keeping with the Utilities Department preference, we propose to use As -Built drawings as a background for the site piping plan. Task 4 - Perform calculations and prepare details for construction of structural retaining walls necessary for the above ground pressure reducing station pads. Task 5 - Prepare mechanical plan and sections for the relocated above -grade pressure reducing station. Mechanical plans will include equipment and materials list, and piping connection details. Task 6 - Prepare cathodic protection detail drawings and reference all details on the site piping plan and mechanical plans as appropriate. Task 7 - Prepare material specifications for necessary components of the relocation design. Most equipment items will be adequately specified in the Materials List and be open to competitive bidding. Certain components such as the pressure reducing and pressure relief valves will be specified and not allowed to be substituted by seemingly equal equipment. Eric P. Bauman, P.E. Calle Pinon PRS March 3, 2010 Page 3 Task 8 - Prepare a 30 percent submittal and submit to the City of San duan Capistrano Utilities Department that will include the piping layout and pressure reducing and pressure relief valve specifications. This information will be adequate for the City to pre -purchase the pipe and valves for the pressure reducing station. Prepare a 90 percent submittal for Utilities Department review. This proposal is based on the submittal process being done directly with the Utilities Department. Any other permits or plan reviews that may be needed shall be handled by the Utilities Department. Task 9 - Address plan review comments on the 90 percent submittal and resubmit 100 percent plans for final review and approval. Upon approval submit one set of final mylar drawings for Utilities Department signature; also submit AutoCAD dwg files of the final drawing set_ Task 10 - Direct costs for printing, reproduction, and postage. mope of Services Exclusions and Limitations 1. This proposal does not include services during bidding or construction. 2. This proposal excludes any site topographic or field survey. We recommend that a site survey be completed for the site. This would add a cost of $2,000 to the proposal. 3. This proposal has no allowance for legal descriptions for changes in easements or obtaining new easements. 4. The proposal does not include obtaining community group acceptance of the proposed facility location and appearance. The proposal does not include time for attendance at public meetings or community group reviews. • Eric P. Bauman, P.E. Calle Pinon PRS March 3, 2010 Page 4 5. This proposal is based on the upgraded PR Station being located in the near vicinity of the existing station. No pipeline extensions are included in the scope of work. 6. No geotechnical field work is included in this proposal. 7. The cathodic protection design is only for the new piping to be installed as part of the relocation and upgrade. The new piping is planned to be isolated from the existing piping to ensure proper protection of all the new piping and components. 8. No electrical/telemetry design work is part of this proposal. We can coordinate with the Utilities Department to include installation of conduit only for future use. COMPENSATION Work completed under this contract will be billed on a monthly basis. Fees will be calculated on an hourly rate basis by multiplying the actual hours worked on the job in each classification by the rates in the schedule attached as Exhibit "C". These fees are subject to change in January of each year. TIME OF PERFORMANCE All tasks will be performed in a timely manner. We anticipate the minimum time to complete all tasks is three weeks from execution of this contract. In addition, we can provide the Utilities Department with material and equipment specifications to allow the Utilities Department to pre -purchase the long -lead items. COST ESTIMATES Since the Design Professional has no control over the cost of labor, materials, or equipment, or over the Contractor's method of determining prices, or over competitive 0 Eric P. Bauman, P.E. Calle Pinon PRS March 3, 2010 Page 5 0 bidding or market conditions, his opinions of probable construction cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgment as a Design Professional familiar with the construction industry. However, the Design Professional cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by him. If the Owner wishes greater assurance as to the construction cost, he shall employ an independent cost estimator. OWNERSHIP OF ORIGINALS The Owner acknowledges the Design Professional's plans and specifications as instruments of professional service. Nevertheless, the plans and specifications prepared under this agreement shall become the property of the Owner upon completion of the work. The Owner agrees to hold harmless and indemnify the Design Professional against all damages, claims, and losses, including defense costs, arising out of any reuse of the plans and specifications without the written authorization of the Design Professional. QUALIFICATIONS Andrew M. Oven will supervise the services described above. Mr. Oven is a Registered Civil Engineer in California and graduated from Santa Clara University with a Bachelor of Science in Civil Engineering, and from the University of California at Berkeley with a Master of Science in Engineering. Thank you for the opportunity to provide a proposal on this project. If it meets your approval, please provide us with a Notice to Proceed and prepare a contract in your format for our signature. Eric P. Bauman, P.E. Calle Pinon PRS March 3, 2010 Page 6 Respectfully submitted, Dexter Wilson Engineering, Inc. 4, �, e� �k� Andrew Oven, P.E. AO:ps cc: William W. Curry, Assistant Utilities Director, City of San Juan Capistrano Attachments Exhibit "A" Summary of Hours by Task APT A -A WIEN, 97 AIN-� 2 0 3 2 Geotechnical Subconsultant 3 5 10 0 15 4 Structural Subconsultant 5 8 16 0 24 6 Corrosion Subconsultant 7 3 0 0 3 8 0 3 0 9 2 2 0 4 10 Direct Costs 52 Exhibit "S" Sun=ary of Costs by Task Y 40,�3Q ,.#8 _ tr 1 380 2 1,500 3 1,900 4 900 5 3,040 6 1,770 7 540 8 300 9 560 10 310 • Exhibit "C" 0 DEXTER WILSON ENGINEERING, INC. Rate Schedule Effective 01/01/2010 CLASSIFICATION HOURLY RATE Office Personnel: PlanninglDesign Principal Engineer (RCE) $190.00 Managing Engineer (RCE) $180.00 Project Engineer (RCE) $160.00 Design Engineer (RCE) $130.00 Associate Engineer II $106.00 Associate Engineer I $ 95.00 Engineering Aide II $ 95.00 Engineering Aide I $ 85.00 Construction/Design Project Manager/Engineer (RCE) $160.00 Drafting/Design Senior Designer $100.00 Senior Drafter $ 90.00 Drafter II $ 80.00 Drafter I $ 70.00 Clerical Typist $ 50.00