04-0120_ALEXANDER ENIGNEERS, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of January, 2004, by
and between the City of San Juan Capistrano (hereinafter referred to as the "City") and
Alexander Engineers, Incorporated, (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to provide investigation and preliminary design related to the feasibility and
cost assessment of designing standby power generation facilities for the Groundwater
Recovery Project; 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.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall be completed by no later than April 30, 2004.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
$20.872.00 (Twenty Thousand Eight Hundred and seventy-two Dollars), as set forth in
Exhibit 'A" attached and incorporated herein by reference.
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3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit "B,"
attached and incorporated herein by reference. Included within the compensation are
all the Consultant's ordinary office and overhead expenses incurred by it, its agents and
employees, including meetings with the City representatives and incidental costs to
perform the stipulated services. Submittals shall be in accordance with Consultant's
proposal.
3.3 Method of Payment.
Consultant shall submit monthly invoices based on total services, which have
been satisfactorily completed and specifying a percentage of projected completion for
approval by the City. The City will pay monthly progress payments based on approved
invoices in accordance with this Section.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work.
3.4 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and expenses
incidental to services covered by this Agreement. These records will be made available
at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontractina and Assignment.
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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. Chances to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract
documents as requested by the City, the Parties hereto shall execute an addendum to
this Agreement setting forth with particularity all terms of the new agreement, including
but not limited to any additional Consultant's fees.
Section 7. Familiarity with Work and Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; (2) it has investigated the proposed construction site,
including the location of all utilities, and is aware of all conditions there; and (3) it
understands the facilities, difficulties and restrictions of the work under this Agreement.
Should Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, it shall immediately inform City of
this and shall not proceed with further work under this Agreement until written
instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
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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 contract period, Consultant shall have delivered to City
at least one (1) copy of any final reports and architectural drawings containing
Consultant's findings, conclusions, and recommendations with any support
documentation. All reports submitted to the City shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the City.
Section 12. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be valid for a minimum of one year, or term of
contract, whichever is longer, and it shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
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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.
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.
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14.5 Errors and Omissions Coverage
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 CancellationfTermination 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 Terns 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
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To Consultant: Alexander Engineers, Inc.
502 W. Route 66, Suite 17
Glendora, CA 91740
Attention: William White
Section 17. Attorneys' Fees.
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If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 18. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 19. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
��
Monahan, City Clerk
APPROVED AS TO FORM:
John . 5 iaw, -CiTy Attorney
R
CITY0F SAN
Engineers, Inc.
By: 'UU(UIiYri''%�tlU
William White, Vice President
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�IlexanQ'er A77Z,ganeers
Aw ■M s,1st&7nS cor�sysEi�a9ais
December 2, 2003
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Joe Mankawich
DEC 3 2303
PUBLIC WORKS
Subject: Proposal for Consulting Service
Preliminary Design Study
Stnndbg 1'uwGi u.Y t,chi iG: J'umi :;:ik :,eu Wily vii•Wiu Watci i�ccuvct} iia i
Alexander Engineers Inc is pleased to offer this proposal to provide services related to
investigation and preliminary design report related to the feasibility and cost assessment of
designing standby power generation facilities for the City's Groundwater Recovery Plant (GRP)
and related well sites. This proposal supercedes our 11/28/03 proposal as we have reconsidered
the amount of effort required to investigate three possible alternatives for electrical power
backup.
Background
"1 ;lc +-ity of San Juan Capistrano is in the process of zonstructing a Groundwater Recovery
Treaiment Plant near the City Hall complex. The normal &-ctricai power to feed the treatment
Wart ;s provided through a San Diego Gas & Electric (SDG&E) electrical service that supplies
`900 Ampere, 480 Volt, 3 Phase, 4 Wire to a Main Distribution Switchboard. The City wishes to
in-estigate the feasibility of designing and installing a means of providing standby power to the
faviiity in the event of a sustained interruption of the commercial power utility. The treatment
plant is designed as two treatment trains independently capable of supplying one half of the total
treatment capacity.
To this end, the City has requested Alexander Engineers Inc to provide a proposal intended to
investigate the feasibility, practicality and cost implications of designing and construction such a
system.
Proposed Scope of Work
I. Review Design Criteria
A. Review electrical system design to determine practicality of alternatives of standby
generator capacity requirements.
B. Review operational characteristics of the plant control system to determine
switchover and recovery -to -normal requirements of a standby power generation
system.
II. Investigation
502 W. Route 66, suite 17, f &adeaa, ea&osaea 91740
(626) 914-1244 9i47 (626) 963-9386
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A. Investigate plant standby power generation sizing requirements.
B. Investigate feasibility of separation of treatment plant loads.
C. Investigate supply well system electrical design requirements to determine standby
power generation feasibility.
D. Investigate standby power generation fuel source alternatives.
E. Investigate needs requirements for standby power runtime duration.
F. Investigate fuel storage requirements.
G. Investigate refueling strategies and sources of fuel supply.
H. Investigate sound attenuation requirements.
I. Investigate generator location, real estate requirements, and governing
regulatory requirements.
III. Report
A. Develop standby power generation application matrix.
B. Develop 50%,90% and 100% Preliminary Design Report
C. Develop Engineer's Estimate of Cost addressing alternative design
approaches.
D. Make final recommendations.
Proposed Engineering Budget
Principal Engineer
8
Hrs
X
Project Manager
24
Hrs
X
Senior Engineer
104
Hrs
X
Designer/Coordinator
64
Hrs
X
CAD Technician
24
Hrs
X
Word Processor
8
Hrs
X
$ 125.00
$
1,000.00
$ 115.00
$
2,760.00
$ 95.00
$
9,880.00
$ 85.00
$
5,440.00
$ 63.00
$
1,512.00
$ 35.00
$
280.00
TOTAL
$
20,872.00
We are confident that we have the necessary knowledge, experience and staff to provide
the City with a meaningful and reliable analysis of the system requirements and will be
able to provide the study and report within 90 days of issuance of a notice to proceed
with the study.
Sely,
er', (,'
%V V Yw�
William
Vice President
Alexander Engineers Inc