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13-0301_OMB ELECTRICAL ENGINEERS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 1St day of March, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and OMB Electrical Engineers, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant for Electrical Engineering Services in preparation for a Request for Proposal for the procurement of Emergency Generators; 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 is a four month Agreement and shall commence on March 1, 2013 and services required hereunder shall be completed by no later than June 30, 2013. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Three Thousand Seven Hundred Dollars ($3,700.00) as set forth in Exhibit "A," attached and incorporated herein by reference 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit one final invoice upon completion of the work for the Personal Services Agreement as addressed in Exhibit "A " 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 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 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. Familiarity 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 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 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. 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. Indemnitv. To the fullest extent permitted by law, Consultant agrees to protect, defend as covered by Consultant's insurance policies, 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, to the extent 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 3 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 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). 4 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 Professional Liability Throughout the term of this Agreement, Consultant shall maintain in full force and effect Professional Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00). 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 (excluding Professional Liability). The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 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. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 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. 5 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 Attention: Michael Cantor, Safety & Emergency Services Manager To Consultant: OMB Electrical Engineers, Inc 8825 Research Drive Irvine, CA 92618 Attention: Roy L. Lopez, P.E., Principal 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. [SIGNATURE PAGE FOLLOWS] C -i IN WITNESS WHEREOF, the parties taLeto have executed this Agreement. [Don,= Electricat Engineers. Jnr,. The Power Behind The Design January 10, 2013 Michael Cantor City of San Juan Capistrano 32100 Paseo Adelanto San Juan, CA 92675 Re: City Hall Telcorri Room and Police Building Generator Addition San Juan Capistrano, CA Electrical Engineering Proposal Dear Michael: This proposal is in accordance with our meeting and scope discussions on January 10, 2013. We understand the scope is to provide electrical engineering services to complete load calculations, prepare electrical drawings and specifications for the addition of two (2) emergency generators, one to serve the Telcom Room in the City Hall Building and the other to serve the Police Building (Dance Hall). OMB's electrical engineering services will provide design including, but not limited to, the following: I. SERVICES TO BE PROVIDED: A. CONTRACT DOCUMENTS 1. Review Owners available record drawings and visit site to perform cursory verification of existing conditions. Electrical points of connection of new work to existing panels shall be verified and documented as to location, size and capacity. 2. Perform load calculations to size generator (estimated capacity 50kW each). 3. Coordinate design work with the city. 4. Prepare contract document drawings. Drawings shall include, but not be limited to: a. Generator specifications b. Single Line power distribution diagram. c. Power plans d. Details 5. Submit drawings to the City for review and plan check. 6. Incorporate City Plan Check corrections as required for Issuance of building permit. 7. Provide City completed sets of drawings and specification for contractor bids and generator purchase. B. CONSTRUCTION ADMINISTRATION 1. Review shop drawings and submittals by the Contractor 2. Interpret electrical contract documents for proper execution of work during construction. 3. If required assist City to fill out SCAQMD operating permit with coordination/ input from generator manufacturer/ supplier. 4. Visit site after declared completion by Contractor to observe completed electrical work and prepare punch list. $825 Research Drk • kvine,CA 92618 • Phone 949.753.1553 • Fzx 949..'53.!992 - www.OM8engrs.cun Exhibit "A" City Haft Telcom Room and Police Building Generator Addition — San Juan Capistrano, CA Electrical Engineering Proposal January 10, 2013 C. WORK NOT INCLUDED Pago2 1. Work resulting from changes by the Owner after completion of design and submittal of documents for plan check. 2. Submittal of construction documents for plan check. 3. Labor, equipment and tools required obtaining electrical demand load readings. II. COMPENSATION A. The above scope of work for electrical engineering services will be provided based a lump sum fee's of: 1. Site Survey: $ 500.00 2. - Construction Documents: $ 2,700.00 3. Construction Administration: 500.00 Total: $ 3,700.00 B. For the purposes of extra services and/or revisions to the basic services, the following hourly rates shall apply: Principal $150.00 Lighting Designer $140.00 Project Engineer $125.00 Sr. Designer $110.00 Designer $ 90.00 CAD Drafting $ 70.00 Wordprocessor $ 50.00 C. Reimbursable expenses are in addition to compensation and include expense of reproductions, express mailing, delivery charges of drawings & specifications, and plan check fees. Reimbursable expenses will be invoiced at cost plus 10%. We look forward to working with you on this project. If you have any questions or further needs please do not hesitate to contact our office. Sincerel Roy L. Lopez, P.E. Principal RLL: sp I130135.C11 Attachment: Site Plan 8825 Resramh Drive - Irvine. CA 92619 - P11ane 949.753.IS53 - Fu 949.753.149: • wr1w.6t4P.cn&mcom Exhibit "A" 1.2 100 200 Feet Exhibit "A" Oily HAI x 1.2 100 200 Feet Exhibit "A" Date: February 13, 2013 CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT From: Michael Cantor, Safety & Emergency Services Manager 7� Service or Product Requested: To provide electrical engineering services to complete load calculations, prepared electrical drawings and specifications for two emergency generators. ( ) informal Quotes (X) Informal Bid ( ) Formal Bid ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firms were considered: 1. TK1 SC Collaborative: $6600.00 2. OMB Electrical Engineers: $3700.00 3. ProEngineering MEP Consultants: $3000.00 After evaluating the blds/proposals submitted, it is our recommendation that the contract be awarded to OMB Electrical Engineers In an amount, not to exceed $3700.00. OMB Electrical Engineers was selected because: Each vendor met me for a walkthrough of the project. Based on their respective presentations, I was most confident of the professionalism and expertise of OMB Electrical Engineers regarding this project. If bids were not received, document what steps were taken to obtain quotes, any vendors contacted that declined to bid, and if applicable why it Is not practical to receive three quotes: Not applicable. If Sole Source purchase or contract, provide detailed justification for this selection: Not applicable. If applicable, date approved by City Council: Not amplicable, 32400 PASEO ADEL ANTO SAN JUAN CAPISTRANO. CA 92675 (949) 493.1171 (949) 493.1053 FAX H9PIt:my TRANSMITTAL TO: OMB Electrical Engineers, Inc Attn: Roy L. Lopez, P.E., Principal 8825 Research Drive Irvine, CA 92618 DATE: March 15, 2013 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO ROY L. BYRNES. M.D. LARRYKRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement — Procurement of Emergency Generators Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Michael Cantor, Safety and Emergency Services Manager at (949) 234-4565. Enclosed is an original agreement for your records. Cc: Michael Cantor, Safety and Emergency Services Manager Salt .lttan Capislrauo: Preservhki> the fast to L'tthance they Fttltuze 40 Printed on 106°4 recycled paper Christy JAI From: Christy lakl Sent: Friday, March 15, 2013 9:00 AM To: Michael Cantor Cc: Maricella Moreno Subject: OMB Electrical PSA Attachments: 13-0301 OMB Electrical.pdf Hi Michael, For your records, attached is the fully executed PSA with OMB Electrical for the procurement of emergency generators. A copy of the PSA and all the supporting documents have been provided to Finance for processing. Thank you! Chi-isN ],-tkl, cmc Deputy City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6310 1 (949) 493-1053 fax Please share your experience with the City by taking our Survey. tUA.N C CITY OF SAN JUAN CAPISTRANO ' t CONTRACT TRANSMITTAL FORM J 't� `�IurroRN`r Date: March 5 2013 City Council, SJCHA or SACRA Meeting Date (if applicable): Brief description of services to be provided:sarvo e I I rte' e rs In t ro 'da eneintasda�_ Ci Manager Staff Contact: Michael Cantor Submitting Department: b Please sign each original of the attached Agreement/Contract, where indicated and circulate in the below route order the ntract is fully sthe City Clerk will provide a igned copy to the Procurement departmentand to the Financial Services Departrnentaand will mail a signed original to the contractor/consultant. Route To: ❑ Department Head 9pprnvcd 0 \ot approvod Director's btitials/Urate ❑N City Attorney Approved as to Form Q Not Approved City Anomey's Initials/Date ON CFO/Treasurer Fundin7Resolution able r� �/ =No Funvailable jr 0 Budget Required oe ;,i Notes: 38 'G,n, CFOlfroasutials/Date Q City Manager l� Approved l� Denied City Manager's Initial's/Dale: Q City Clerk (For Final Routing) Procurement: $10,000 or less—(Depammran Heads Aulharlly) $10,001 - $45,000 - (City Manager', AaArMY) =S45,001 or over—(City Cause l Apprmnl Req -treat') 4Dam of Come iI Approval: or Resolution No: Public Contracts $45,000 or less — tCtry Manager }Amhenly iteganed) Public Contracts over $45,000 — (City Coundl's Amhorily Required ) *Dale of Council Approval'. or Resolution. No: Insumnce Requirements: tEn Commemlal General Liabilin © Auto Liability Rofessional/Emars and Omissions Worker's Compensation Additional Insured Endorsement Public \Yorks Contracts - Labor/Material & Performance Bonds at Process Completed - Copy of Contract Tmnsminsl Form with documents forwarded to FS Department. - Returned to submitting department. Please provide the following and return to the City Clerk's Office: I. Contractor/Consultant Name: oMa ElectriWIEngineers,mc. 2. Business License: ❑ Yes M No License Number: Date of Expiration 3. Contract Amount: $3700.00 4. Budget Account Number: 30-41300-67501.00000-000 5. City Services and Facilities to be provided (If Applicable): Elecincel engineering services foremergency generators 6. . Is this a standard City contract? Q Yes ❑ No If no, explain: 7. Are two original contracts submitted? 0 Yes ❑ No If no, explain: 8. Contract Date: March 1, 2013 Expiration Date: June 30.2013 9. Insurance Certificate attached: M Yes ❑ No If no, explain: 10. Purchase Requisition attached: S Yes ❑ No If no, explain: 11. Bid Recap Attached: M Yes ❑ No If no, explain: 12. W-9 Form Attached: X Yes ❑ No If no, explain: 13. New Vendor Application Form Attached: ❑ Yes t❑ No If no, explain: NIA 14. Does this document need to be recorded? ❑ Yes Q No nflal Services Department (PO) to the ites all of the ormal onthis Contracansmittal Form hs been received by finance through he City Clerk's Office.