04-1001_ALEXANDER ENGINEERS, INC._Personal Services Agreement0
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _� day of L2' `'"`-
-! 2004, by and between the City of San Juan Capistrano (hereinafter referred to
as the "City") and Alexander Engineers. Inc., (hereinafter referred to as "Consultant').
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to electrical engineering services for the Captain's Hill Pump Station
Rehabilitation; 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 June 30, 2005.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not exceed
Fourteen Thousand Two Hundred and Twenty Dollars($14,220.00), 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 "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 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 Subcontracting 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. 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: (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 Ca ncellation/Term!nation 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 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 91741
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
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R. Monahan, City Clerk
APPROVED AS TO FORM:
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John Fkr Shaw, City Attorney
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CITY OF SAN JUAN CAPISTRANO
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Dave Adams, City Manager
CONSULTANT
By: A) Ir1,4,t ow))*
Alexander Engineers, Inc.
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�4lexanderEngineers, Inc_
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� � SrJstenas Co�zsultarzts
September 20, 2004
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attention: Joe Mankawich
Subject: Proposal for Consulting Service
Electrical Design for Captain's Hill Pump Station
Revlacement of Motor Control Center and Control Section
Pursuant to your request, Alexander Engineers Inc offers the following revised proposal
for the replacement of the Motor Control Center and Control Section at the Captain's Hill
Pump Station. This revision will include required engineering services to develop a
complete bid package for release to Contractor's for the work required to complete the
project. The scope of work included in this proposal will include:
1) A maximum of two meetings with staff during the preparation of electrical plans
and technical specifications.
2) Delivery of 75%, 90% and 100% submittals.
3) Preparation of complete bidding documents.
4) Attendance at a Pre -Bid Meeting.
5) Answering Contractor questions during the bidding period.
6) Attendance at a Pre -Construction Meeting.
7) Review of Contractor submittals.
8) A maximum of two site visits during construction (one for inspection and one for
witnessing start-up).
9) Review of Contractor provided As -Build drawings.
The design requirements envisioned for this project will include, at a minimum:
➢ A new main disconnect section.
➢ A new motor starter section based on the use of Solid State Motor Controllers
(Soft Starters) for the existing 60 HP and 40 HP pumps.
➢ A new control section including a Modicon Micro PLC with programming for
local control based on system pressure.
➢ A new pressure transmitter.
As we discussed, it might be prudent to include the addition of this site to the City's
SCADA system under this project, as the ultimate control strategy of pumps will be
502 W, Raaee 66, Satire 17, OFee cdaza, 6&eejosata 91741
!6261 914- 1244 57,42 !6261 963-93P6
EXIT A
based on remote reservoir levels. Inclusion of the SCADA integration within this
replacement Contract would efficiently meet the City's goals at a lesser cost than a two-
stage approach that would require re -programming of the PLC during the SCADA
integration phase.
As an alternate to our proposed budget we are including the work required to develop
drawings and specifications for SCADA integration within this bid package.
Background & Project Understanding
AEI visited the pump station on September 2, 2004 at the request of the City to evaluate
the current site conditions, the nature of repeated equipment failures related to the
electrical components and to assess the required repairs or replacement of electrical
equipment. It was determined that the numerous equipment failures were the result of
malfunctioning motor control components and that the lack of availability of replacement
equipment, the age of the existing MCC and the experienced lack of repeatability of the
control equipment leads us to believe that complete replacement is the most cost effective
alternative that the City has.
AEI estimates that the equipment replacement cost for the base system should be in the
area of $50,000.00 absent labor associated with the work. Labor should not exceed
$10,000.00.
In our opinion, the addition of the SCADA elements within this project bid is better left
to the City to negotiate with either NDI or another integrator. Once a firm price for these
improvements is determined, the bid schedule would include a SCADA line item, with
price included.
As we envision the ultimate solution, should SCADA be included within this bid, the
chosen integrator would provide the PLC, PLC programming, UPS, radio
communications equipment, testing, and SCADA central integration. The electrical
Contractor would provide an empty 20" wide, 90" high control section that matches the
MCC equipment depth.
Sheet Count
E-1 Title Sheet and Project Location
E-2 Singleline Diagram, Load Calculation, Electrical Legends & Symbols
E-3 Pump Station Demolition Plan, New Panel Plan & Panel Elevation
E-4 Panel Schedule and Control Schematic
E-5 Misc. Details
I-1 P&ID & Instrumentation Legends & Symbols
I-2 PLC I/O Diagram
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It is understood that AEI will not be preparing documents relative to the SCADA Central
Computer system, including graphic displays, alarms, and reports. Nor will AEI be
responsible for investigation, design or verification of any RF or other data acquisition
medium.
Proposed Engineering Budget
MCC Design
Principal Engineer
4
Hrs
X
$
125.00
$
500.00
Project Manager
16
Hrs
X
$
115.00
$
1,840.00
Senior Engineer
24
Hrs
X
$
95.00
$
2,280.00
Designer/Coordinator
80
Hrs
X
$
85.00
$
6,800.00
CAD Technician
40
Hrs
X
$
63.00
$
2,520.00
Word Processor
8
Hrs
X
$
35.00
$
280.00
TOTAL
$
14,220.00
SCADA Alternative Additional
Principal Engineer
2
Hrs
X
$
125.00
$
250.00
Project Manager
8
Hrs
X
$
115.00
$
920.00
Senior Engineer
16
Hrs
X
$
95.00
$
1,520.00
Designer/Coordinator
24
Hrs
X
$
85.00
$
2,040.00
CAD Technician
8
Hrs
X
$
63.00
$
504.00
Word Processor
4
Hrs
X
$
35.00
$
140.00
TOTAL
$
5,374.00
We are confident that we have the necessary knowledge, experience and staff to provide
the City with a completely acceptable design. We feel that we will be able to provide the
75% design documents within 60 days of issuance of a notice to proceed. We will
provide 90% documents, incorporating City comments within 30 days of receipt of
comments to the 75% submittal and final drawings and technical specifications within 20
days of approval of 90% submittal.
Sincerely,
William L. White
Vice President
Alexander Engineers Inc