02-0910_WIELAND ASSOCIATES, INC._Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this �`aay of J�'Q rou.vkll�,-
2002, by and between the Capistrano Valley Water District (hereinafter referred to as
the "District") and Wieland Associates, Inc., (hereinafter referred to as "Consultant"),
RECITALS:
WHEREAS, District desires to retain the services of Consultant to provide
acoustical consulting services for pile driving activities at the Desalter Facility; and
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, District 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 sixty (60) days from the
effective date of this agreement.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed three thousand two hundred dollars ($320J0, as set forth in Exhibit "A," attached
and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the District at the hourly rate set forth in
Exhibit 'A," 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 District 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 District. The District 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
District 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 District.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of District, and shall obtain no rights to any benefits which accrue
to District'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 District to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the District. This Agreement may not be assigned,
voluntarily or by operation of law, without the prior written approval of the District. If
Consultant is permitted to subcontract any part of this Agreement by District, Consultant
shall be responsible to District 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 District. All persons engaged
in the work will be considered employees of Consultant. District will deal directly with
and will make all payments to Consultant.
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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 District, 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. Not applicable.
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.
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
District 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 District shall be in reproducible format.
All services to be rendered hereunder shall be subject to the direction and
approval of the District.
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
District. All such reports, information, data, and exhibits shall be the property of the
District and shall be delivered to the District upon demand without additional costs or
expense to the District. The District acknowledges such documents are instruments of
Consultant's professional services.
lagenda/desalterlwielandpsa.doc Page 3
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless District, 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 Not applicable.
14.2 Not applicable.
14.3 Not applicable.
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 policy to the Clerk of
the Board's office 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 Clerk of the Board'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 District,
except that ten (10) days' notice shall be given if there is a cancellation due to failure to
pay a premium.
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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
District has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
Section 15. Termination.
District 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 District: Capistrano Valley Water District
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Public Works Director
To Consultant: Wieland Associates, Inc.
23276 South Pointe Drive
Suite 114
Laguna Hills, CA 92653
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.
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
WATER DISTRICT
, General Manager
WIELAND ASSOCIATES, INC.
By: C21 2V B1
`�e�s c near
ATTEST:
M r ret R. Monahan, Clerk of the Board
APPROVED AS TO FORM:
John R. Shaw, District Attorney
/agenda/desalter/wielandpsa.doc Page
August 21, 2002
MT. Bric Bauman
Capistrano Valley Water District
32450 Pasco Adel anto
San Juan Capistrano, CA 92675
Proposal File P661-02
Subject: Proposal Acoustical Consulting Services for Pile Driving
Activities at the Desalter Facility
Dear Mr. Bauman:
As discussed in out telephone conversation, we propose to provide you with
the following acoustical consulting services regarding the subject project:
1, We will conduct a field survey of the study area to identify the location,
height and condition of any was that separate the project site from the
adjacent mobile home park.
2. We will obtain from CV WD a list of the alternative equipment that will be
used to install piles at the project site (i.c., pile driving or drilling).
3. We will conduct an analysis to estimate the noise levels that will be
experienced at the mobile homepark as a result of driving the piles, and of
drilling and pouring the piles. To conduct the analysis, we will obtain
noise level measurements of similar activities at existing sites. If such
activities are not available, we will use data provided by equipment
manufacturers and/or published sources.
4. We will assess the impact of the estimated noise levels relative to the
City's noise ordinance standards.
5. We will provide recommendations for mitigating the noise levels
generated by driving the piles, and by drilling and pouring the piles.
These recommendations will specify materials and performance criteria.
6. We will prepare a brief report of findings that identifies the alternative
methods and equipment that will be used to install the piles, the estimated
noise levels generated by both methods,.an assessment of impact, and our
recommendations for reducing the impact.
Please note that the proposed study will not address the potential impacts at
the mobile home park associated with ground vibration induced by driving or
drilling piles.
WA
Wieland AsSociates, roc.
Acoustical Comullants
23276 South Pointe Drlve
Suite 174
Logiuns H:11s, CA 91651
Tet: 9491829-6722
Fax: 949/829-6670
www'wielandamoccom
EXHIBIT "A"
al
CAPISTRANO VALLEY WATER DISTRICT
Proposal Fllc P661-02
Conditions
1. All tasks will be completed in a professional manner according to standard practice.
2. Any alteration or deviation from the proposed tasks involving extra costs will be
executed only upon authorization and will become an extra charge over and above the
proposed fee,
3. All agreements are contingent upon strikes, accidents, or delays beyond our control.
4. The work effort and fees authorized as a result of this proposal are valid for six (6)
months.
Fee
Tasks 1 through 6: $3,200.00.
Additional Consultation: Additional tasks conducted at the Client's request
that are over and above those described as Tasks 1
through 6 will be invoiced on a tune -and -expense
basis per our Fee Schedule, a copy of which is
attached and incorporated herein by this reference.
Terms: Our terms are net 30 days, We invoice on a monthly
basis for work completed as of the invoice date.
This is the entire agreement bctwecn Capistrano Valley Water District and Wieland
Associates, Inc„ and there are no agreements, conditions, representations or
understandings between us except as specifically set forth herein. If you wish to accept
this proposal, please sign below, and return one signed copy of this document to our
office.
We look forward to working with you. If you have any questions, please don't hesitate to
call us at 949/829-6722.
Sincerely,
ND ASSOCIA S C.
Roberta R. Wieland
President
(—Davi!dL, Wieland
Principal Consultant
I Hereby Acknowledge and Accept This Proposal:
Eric Bauman, for Capistrano Valley Water District
Date
Fee Schedule
Labor
Wieland Associates, Inc., bills for labor on an hourly basis per the following schedule:
Ptinci2!LConsultant
_ $110.00 _
Senior Consultant
$90.00_
Associate Consultant
$75.00
Technician
$55.00
Graphic Artist
$55.00
Word Processor
$45.00
Expenses
U
All expenses are billed to the client at cost plus 10%.
Mileage is invoiced at the rate of $0.40 per mile.
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