02-0103_TELEDINE ENGINEERING, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this 3 day of
i , 20 Qom, by and between the City of San Juan Capistrano
(hereinafter ref rred to as the "City") and Teledine Engineering, Inc. (hereinafter referred to
as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide professional
engineering and technical services associated with the preparation of plans and
documents for a new reclaimed water main at Four Oaks Park; 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, described, recommended, or required as set forth in Exhibit A, included herein.
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 one hundred twenty (120)
days from the effective date of the Agreement.
Section 3. Compensation
3.1 Amount
Total compensation for the scope of services for this Project shall not exceed
twelve thousand, three hundred four dollars ($12,304).
3.2 Rate Schedule
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 that 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 Subcontracting and Assignment
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 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
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 it has investigated the work
to be performed; 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 B. 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 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, and in digital format in compliance
with the City's digital submission standards.
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
Not applicable.
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.
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's General Counsel for certification that the insurance requirements of
this Agreement have been satisfied.
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'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 (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 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 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
Attm Public Works Director
To Consultant: Teledine Engineering, Inc.
21451 Montbury Drive
Lake Forest, CA 92630
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.
-\personal. agr 09/27/01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
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TELEDINE ENGINEERING, INC.
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ATTEST:
ar ret R. Monahan, City Clerk
APPROVED AS TO FORM:
John R. Sh w, City Attorney
—\personal.agr 09/27/01
09/28/01 WED 19:18 FAX 714 855 2289 TELEDINE ENG 0009
City of San Juan Capistrano Reclaimed Water Line
4) Provide survey where "As-Builts are not adequate or specific information is needed.
5) Prepare a detailed final cost estimate for Client's review and acceptance.
6) Meet with all involved consultants, client and public agencies to ascertain project
requirements.
7) Attend preconstruction meeting. Visit the site during construction for field observations.
This proposal assumes a maximum of 7 hrs. for this scope item.
Fee Schedule Cost
1) Concept Plan ... . ...................... $2,700.00
2) Field meeting $160.00
3) Reclaimed water Plan .......................... $6,500.00
4) Survey ................................... $1,044.00
5) Cost Estimate .. I ... I . I ....................... $800.00
6) Meetings .......................... I ..... $500.00
7) Preconstruction ....... I ........... . ..... $600.00
Total $12,304.00
Specifically excluded from this proposal are: soils reports, parcel maps, construction staking,
construction management, easement documents, pressure calculations, opmolmitms, t*
Jpmnarwlr,-traffic control plans, presentations, reports, blueprints and reproductions. Teledine
Engineering, Inc. proposes to complete the above detailed scope of services for a fee of
$12,304.00.
Additional engineering services required, upon your authorization will be billed in accordance
with the attached hourly rate schedule. All invoices shall be billed monthly on the work
completed and at rates indicated in the then current schedule of hourly rates.
If the above satisfactorily describes the services desired and the fee is acceptable, Teledine
Engineering, Inc. is available to begin work immediately.
2
09/26/01 WED 19:18 FAX 714 855 2289 TELEDINE ENG
City of San Juan Capistrano Reclaimed Water Line
Sincerely,
Teledine Engineering, Inc.
PistopherG. Martin, P -E.
President
Attachments
egm/dm
0 004
09/23/01 WED 19:16 FAX 714 855 2288
TELEDINE
C1vit. ENGINEERING / LA
Effective January 1, 2001
TELEDINE ENG
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HOURLY RATE SCHIRMULE
INC.
Principals ......................................... $ 90.00/1-ir.
Project Manager ..................................... 80.00/Hr.
Project Engineer ................................. 72.00/Hr.
Designer.......................................1 52,00/Hr.
Draftsperson ................ I..................... 49.00/Hr.
Clerical ....... . ............... 29.00/Hr.
Two -Man Survey Party & Equipment 136.00/Hr.
Three -Man Survey Party & Equipment .......................... 163.00/Hr.
Blueprints and reproductions will be billed as extra at our standard billing rates (cost plus 15 %).
On August 1st of each year the ratified master contract agreement between the Southern
California Council of Civil Engineers and Land Surveyors and the International Union of
Operating Engineers, Local Union No. 12, will become effective.
Accordingly, the increases negotiated well also be reflected in all survey work, engineering
design and other office work. This increase shall apply only to uncompleted work as of said
date.
21451 Monrhun• Dr. • lake Fnrexr, CA 92630 • (949) 855.2258 • FAX (949) 855-2269 - e-mail. manin)9@home.com
to 005
08/28/01 WED 13:15 FAX 714 855 2269 TELEDINE ENG 4 002
TELEDINE
September 24, 2001
Mrs. Amy Amirani
Director of Public Works
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California, 92675
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KGINEEMNG, INC.
PLANNERS / CONSTRUCTION SERVICES
Subject Proposal For Four Oaks Park Reclaimed Water Main
Dear Mrs. Amirani:
In response to your Request For Proposal (RFP), Teledine Engineering, Inc. is pleased to submit
this proposal to provide professional engineering and technical services associated with the
preparation of plans and documents for a new reclaimed water main.
Teledine Engineering anticipates the following scope of services:
Scope Of Services
1) Prepare a V = 40' preliminary reclaimed water plan showing the entire project limit on
1 sheet. Plan will show at a minimum: new alignments, existing street improvements,
existing utilities and park features.
2) Attend field meeting with staff to discuss feasibility, locations of facilities, alignments,
construction problems, etc.
3) Prepare 1" =40' reclaimed water plans in accordance with the City requirements. The
plans will be prepared using Autocad and DCA software.
11451 Montbury Dr. Luke Forest, CA 92630 • (949) 855 -?258 • FAX (949) 855-1269 • e•rnait: m ffm19L hame.[am
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