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Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made
for work that fails to meet the standards of performance set forth in the Recitals.
4. Insurance
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees as
additional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including death resulting therefrom and damage to property,
resulting from any act or occurrence arising out of Contractor's operations in the performance of
this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence. Contractor shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall
be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full rome and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its
time and materials expended prior to notification of termination. Contractor waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
5. Independent Contractor
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
6. Indemnification
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement; and (2) fi'om any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. Confidentiality
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to
any information that (a) has been disclosed in publicly available sources; (b) is, through no fault
of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of
law; or (e) is independently developed by the Contractor without reference to information
disclosed by the City.
8. Conflict Of Interest Clause
Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. Notice
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Cotmcil
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Fire Chief
City of Santa Ana Fire Dept.
1439 S. Broadway (M-80)
Santa Ana, California 92702
telefacsimile (714) 647-5779
To Con~'actor:
Power Engineering Services
2703 Saturn Street
Brea, CA 92821
Attn: Barbara Effenberger, President
4
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For proposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. Exclusivity And Amendment
This Agreement, along with any exhibits or attachments, represents the complete and
exclusive statement between the City and Contractor, and supersedes any and all other
agreements, oral or written, between the parties. In the event of a conflict between the terms of
this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This
Agreement may not be modified except by written instrument signed by the City and by an
authorized representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instnnnent that are inconsistent with, or in addition to, that terms and
conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein.
1 l. Assig/anent
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assigntnent, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other Contractors retained by City.
12. Termination
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the City may require Contractor to deliver to the City all
work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Contractor consents to the City's use thereof for such
purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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13. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. Jurisdiction - Venue
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. Professional Licenses
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of her inability to obtain or maintain such pernfits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. Miscellaneous Provisions
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY '
Clerk of the Council "
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: ~)~ ~.~
Lisa E. Storck
Assistant City Attorney
APPROVED AS TO CONTENT:
CONTRACTOR
DAVID N. REtKIVi
City Manager
Powe Engine ~ ~S-ervi,~,, Irc.
Barbara Effenbel~ger, President
Tax 1D # 95-3631182
7
April 20, 2001
PES No. 2876-0I
City of Santa Aha Fire Dept.
CITY OF SANTA ANA
RFP NO. 01-042
ELECTRICAL ENGINEERING SERVICES FOR
FIRE STATION NO. 2 AND FIRE STATION NO. 7
4.0
PROPOSAL REQUIREMENTS
4.1 Organization, Credentials, and Experience
4.1.1 Provide a synopsis of firm's history
HISTORY AND EXPERIENCE
Power Engineering Services, Inc. (PES) has been established for 20 years as an engineering
service company providing project management, engineering, inspection, testing, purchasing
and construction support for the creation and development of modern electrical power systems.
PES was incorporated on March 4, 1981, in the State of California. We are recognized
throughout the United States for our expertise in electrical system design and maintenance.
We apply the most comprehensive and sophisticated analysis and design techniques to projects
for manufacturing, process plants, utilities, a wide variety of heavy industry, institutional
facilities, hospitals, public safety facilities, office buildings and entertainment theme parks.
PES is also a specialist in providing field testing services, third party certification of custom
electrical equipment, construction inspection and plan check.
Power Engineering Services, Inc. has provided services for City, County, State and Federal
governmental entities. PES has existing Professional Services A~eements with the City of
Yorba Linda, County of Santa Barbara and State of California State Lands Commission for
electrical plancheck and field inspection services. PES is the Electrical Engineering
representative for University of California, Irvine Campus for both Facilities and the Design
and Construction Departments. PES has maintained several of these relationships in excess
of 16 years.
At PES, we value our clients and work hard to create value for our clients! AIl of our business
is either repeat business or from word-of-mouth recommendations. This is a source of pride
for the company.
RFP 01-042
CITY OF SANTA ANA
PURCHASING DIVISION
20 CIVIC CENTER PLAZA (92701)
P.O. BOX 1988
SANTA ANA, CA 92702
REQUEST FOR PROPOSAL
Notice is hereby given that sealed proposals will be received for ELECTRICAL ENGINEERING
SERVICES per the attached specifications, at the Purchasing Division, 20 Civic Center Plaza, Room 429,
Santa gna, California, until 5:00 P.M. Friday, April 20, 2001. If further information is needed, contact
Brace Perret, at (714) 647-5460.
MAILED proposals should be addressed as follows:
City of Santa Ana
Purchasing Division M-16
P.O. Box 1988
Santa Ana, CA 92702
or delivery by hand or courier to:
City of Santa gna
Purchasing Division M- 16
20 Civic Center Plaza, Room 429
Santa gna, CA 92701
It is the responsibility of the bidder to see that any proposal submitted shall have sufficient time to be
received by the Purchasing Office prior to proposal due date and time. Late proposals will be returned to
the offeror unopened.
The receiving time in the Purchasing Office will be the governing time for acceptability of proposals.
Telegraphic, telephonic and facsimile proposals will not be accepted.
1
RFP 01-042
REQUEST FOR PROPOSAL
SANTA ANA FIRE DEPARTMENT STATION NOS. 2 AND 7
ELECTRICAL UPGRADES
GENERAL PROJECT DESCRIPTION
The purpose of this Request for Proposal is to contract for electrical engineering services
to design, prepare complete construction documents and construction cost estimates for
the electrical system upgrade for Fire Stations No. 2 and No. 7.
PRE-PROPOSAL CONFERENCE
All persons wishing to submit a proposal must attend the pre-proposal conference
scheduled for Tuesday, April 3, 2001 at Fire Station No. 2, 1688 East 4th Street (at
Mabury Street). Following the meeting and site inspection, we will reconvene at Fire
Station No. 7, 2317 South Greenville (at Warner Ave.). Bidders will be responsible for
their own transportation to the second site. Attendance of the pre-proposal conference is
mandatory. Proposals submitted by vendors that did not attend will be considered non-
responsive.
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RFP 01-042
STANDARD TERMS AND CONDITIONS
PROPOSAL SUBMISSIONS
Proposals must be submitted to Purchasing Office in a sealed envelope showing on the
outside, the name of the bidder, RFP NO. 01-042, and date & time due. All proposals
must be signed by an authorized representative of the Offeror.
PROPOSAL WITHDRAWAL
Proposals may be withdrawn by written request received before the hour set for the
opening.
LATE PROPOSALS
It is the responsibility of the offeror to see that any proposal submitted shall have
sufficient time to be received by the Purchasing Office prior to proposal due date and
time. Late proposals will be returned to the offeror unopened.
REQUIRED DOCUMENTS
Offerors must submit 1 ORIGINAL and 3 photocopies of each Proposal offered.
10.
11.
RIGHTS RESERVED
The right is reserved by the City of Santa Ana to reject any or all proposals or to waive
any informality or technical defect in a proposal.
CONTRACT
Offeror's signed proposal and written acceptance by the City shall constitute a contract.
OFFEROR AGREEMENT
Submission of a signed proposal without deviations will be interpreted to mean that
offeror has agreed to all the terms and conditions set forth in all of the sheets which make
up this Request For Proposal. Any deviations noted by the offeror may be rejected by the
CID'.
SELL OR ASSIGN
The successful offeror shall not have the right to sell, assign, or transfer any obligations
resulting from this proposal without the specific written consent of the City.
ACCEPTANCE OF THE OFFER
Acceptance of the offer shall be limited to the terms herein unless expressly agreed in
writing by the City.
CANCELLATION
The City WITHOUT CAUSE may cancel this agreement at any time upon thirty (30)
days written notice to the supplier.
This agreement may be canceled at any time WITH CAUSE within ten (10) days written
notice to the supplier. Cancellation for cause shall be at the discretion of the City and
shall be, but is not limited to, failure to meet the minimum requirements within the time
specified or within the terms, conditions and provisions of this proposal.
LOCAL SALES TAX CONSIDERATION
In accordance with the Santa Ana code, a 1% preference will be applied to all proposals
for taxable goods submitted by suppliers located within the City limits of Santa Ana.
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RFP 01-042
12.
13.
14.
15.
16.
17.
18.
RECEIVING TIME
The receiving time in the Purchasing Office will be the governing time for acceptability
of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted.
COMPLIANCE WITH LAWS
All proposals shall comply with current federal, state, and other laws relative thereto.
Offeror further agrees that the goods proposed compIy with all applicable Federal and
State Occupational Safety and Health laws, standards for regulations, and that Seller will
indemnify and hold the Buyer harmless for any failure to so conform.
REFERENCE TO SUCCESSFUL OFFEROR
The terms successful offeror, supplier, vendor, bidder or contractor may be used
interchangeably in these specifications and shall refer exclusively to the firm with whom
the City enters into a contract as a result of this Request For Proposal.
FORCE MAJEURE (ACTS OF GOD)
If execution of this contract shall be delayed or suspended and if such failure arises out of
causes beyond the control of and without fault or negligence of the Offeror, the Offeror
shall notify the City, in writing, within twenty-fuur (24) hours, after the delay.
Such causes may include but are not limited to Acts of God, war, or acts of the public
enemy, acts of any govermnental entity in its sovereign or contractual capacity, fires,
floods, epidemics, strikes and unusually severe weather.
LAWS GOVERNING CONTRACT
This contract shall be in accordance with the laws of the state of CALIFORNIA. Parties
further stipulate that this contract was entered into in the state of CALIFORNIA and the
state of CALIFORNIA is the only appropriate forum for any litigation as a result of
breach hereof or any questions risen herefrom.
ATTORNEY'S FEES
In the event a suit or action is instituted in connection with any controversy arising out of
this contract, the prevailing party shall be entitled to receive, in addition to its costs, such
sum as the court may adjudge reasonable as to attorney's fees and costs.
INQUIRIES
Refer inquiries in writine via facsimile to Buyer: BRUCE PERRET at (714) 647-6944.
4
RFP 01-042
1.0 SCOPE OF WORK
1. I Prepare Plans
· Electrical single-line diagram
· Electrical load summary
· Layout of existing equipment, noting items to be removed
· Electrical plan drawing of equipment, outlets, conduit, and wiring to
be installed
· Lighting design improvements for apparatus rooms, kitchen, and
meeting areas per Title 24 guidelines
· Panelboard and switchboard schedules for above
· Separate plans shall be prepared for each station
· Plan package shall be suitable for plan check submittal by the Santa
Ana Fire Department
· Final plans shall be suitable for use as bid documents
1.2 Prepare Specifications
1.2.1 On-Drawing specifications for
· Switchboard
· Generator
· Automatic transfer switch
· Panelboards
· Conduit
· Wire
1.3 Cost Estimate
1.3.1 Equipment to be direct purchased by others
· Budget pricing
· Supplier contacts
1.3.2 Estimated labor costs for installation
2.0 NOT IN SCOPE OF WORK
2.1 Procurement of material and labor for construction
2.2 Plan check and permit fees
RFP 01-042
3.0 CONSULTANT TASK LIST
The consultant shall perform the following tasks
3.1 Task 1 - Program analysis
3.1.1 Meet with City staff to review existing assumptions and the
following project objectives
Increase main electrical service panel capacity to allow for
current and future electrical demands
· Upgrade existing stand-by generator and automatic transfer
switch to match new load requirements
· Upgrade subpanel serving kitchen, garage, shop, living quarters
and apparatus room, providing for additional use of computers
and other harmonic producing equipment
· Increase number of power outlets in areas of high electrical
utilization
Design station lighting improvements for the apparatus rooms,
kitchens, and meeting areas per Title 24 guidelines
3.1.2 Assess all existing conditions. Obtain the following information
from the City and other appropriate agencies where applicable.
Existing building sites and other available building plans
Design criteria, standards, processing requirements and
construction procedures from agencies having jurisdiction
3.2 Task 2 - Design Development
3.2.1
Meet with City staff to review Consultant's assessment and
recormnended approach to the final design. Based on agreed
program, Consultant shall proceed with design.
6
RFP 01-042
3.2.2
The Consultant shall prepare preliminary construction documents
and submit six sets of plans to the City. The Consultant shall pay
for cost of reproduction of all submittals prior to approval. The
construction documents shall be drawn on 24" by 36" sheets. Each
set of drawings shall include:
· Site Plan
· Demolition plan (as required)
· Dimensioning plan (as required)
· Building plans, including floor plans, elevations, sections, and
details (as required)
· On-Drawing specifications
3.3 Task 3 - Construction Documents
3.3.1 Prepare final plans with specifications. Corrections shall be made
as required until plans are approved by appropriate City
departments.
3.3.2 Prepare final detailed cost estimate
3.3.3 Provide signed originals of all approved drawings to the City
together with all bid documents. Drawings must be signed by
Consultant. All original bid documents shall become the property
of the City.
4.0 PROPOSAL REQUIREMENTS
One (1) original and three (3) copies of the proposals are due in the office of the City of
Santa Ana Purchasing Division, 20 Civic Center Plaza, Fourth Floor, not later than 5:00
pm, Friday, April 20, 2001. Proposals shall include the following.
4. I Organization, Credentials, and Experience
4.1. I Provide a synopsis of firm's history
4.1.2 Identify the project manager and key personnel to be assigned to
the project. Describe their qualifications, education, and
representative experience.
RFP 01-042
4.2
4.3
4.4
4.1.3
Provide a brief description of representative work involving
projects which are similar in scope to the work proposed. Only
include projects completed by staff currently employed by your
firm.
4.1.4 Include graphic material, if available, illustrating design styles of
previous projects
Subcontractors
4.2.1
Any subcontractors to be used during the term of this project shall
be identified. Provide a list of personnel to be assigned, their
qualifications, education, and representative experience.
Work Schedule
4.3.1
Provide a narrative of the Consultant's understanding of the scope
of work including a work plan showing the relationship of events
and a schedule for completing all the requirements set forth in this
Request For Proposal
Additional Consultant Requirements
4.4.1 After award, the Consultant shall provide the City with proof of
insurance in the following amounts
· General Liability- $1,000,000 each occurrence
· Errors and Omissions - $1,000,000
· Auto Insurance - $1,000,000
4.4.2
The certificate must contain a notation that the city "...will be
mailed 30 days written notice of policy cancellation" and any
references to "...endeavor to..." or "..failure to mail such notice
shall impose no obligation or liability of any kind upon the
company, its agents or representatives" shall be removed.
4.4.3
The City of Santa Ana shall be named as an additional insured.
The additional insured endorsement must read as follows: "The
City of Santa Ana, its officers, employees, agents, and
representatives are named as additional insured".
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RFP 01-042
4.5
4.6
City Responsibilities
4.5.1 Provide copies of existing electrical system data for each station
4.5.2 Provide copies of available plans on file with the Public Works
Agency for Consultant's reference
4.5.3 Provide approved City Title Page for resulting bid documents
4.5.4 Coordinate plan checking and approvals
4.5.5 Provide for reproduction of final documents and plans for bidding
purposes
Fee
4.6.1
4.6.2
4.6.3
4.6.4
CONSULTANT FEE SHALL BE SEALED IN A SEPARATE
ENVELOPE.
Fee envelopes will not be opened until all other aspects of the
proposal have been reviewed.
Consultant compensation shall be on a fixed fee basis. The fee
shall reflect the scope of work and program requirements as
outlined in this Request For Proposal. Failure to include the total
scope of work in the proposal may disqualify the consultant.
A statement of proposed progress payments tied to the completion
of various milestones in the scope of work shall be included
Hourly wage rates charged by principals and employees for extra
work shall he included. Should the City require work clearly
beyond the scope of this Request For Proposal and resulting
agreement, work will be charged according to the wage rates
provided herein.
4.7 Commitment
4.7.1 The proposal shall be signed by the individual, or company official
with the power to bind the company in its proposal
4.7.2 The contents of the proposal and Request For Proposal shall
become part of the resulting contract
4.7.3
The City reserves the right to reject any or all proposals, to waive
any informality, and to decline to award any contract as a result of
this RFP
9
RFP 01-042
5.0
CRITERIA FOR SELECTION
5.1
A committee of City staff members including representatives of the
Finance and Fire Departments and the City Attorneys Office will evaluate
proposals. The selection committee will interview final candidates.
5.2
Evaluation of proposals and interviews will include the following criteria
(in no particular order).
5.2.1 Experience and reputation of the firm as documented by
completion of projects similar to this in requirements and scope
5.2.2 Experience and credentials of key personnel assigned to the project
5.2.3 Responsiveness to project objectives and work tasks as evidenced
in the proposal and interview
5.2.4 Project scheduling in conformance to the City's projected
development schedule
5.2.5
Consultant's past record of performance in City projects with
regard to controlling costs, quality of work, and adherence to work
schedules
5.2.6 The completeness of the proposal and the clarity of responses to
interview questions
5.2.7 Design Fee
6.0
KEY PROPOSAL DATES
Activity
Job Site Visit/Conference
Proposals Due
Consultant Interviews
Anticipated Award Date
Date Time
April 3, 2001 10:00 AM
April 20, 2001 5:00 PM
Scheduled as required
May 21,2001
10
RFP 01-042
PROPOSAL FORM
Responding to a Request For Proposal due not later than 5:00p.m., April 20, 2001 the undersigned Offeror
agrees to furnish ELECTRICAL ENGINEERING SERVICES in accordance with RFP 01-042. l/We
have stated herein the price(s) shown at which I/we will furnish and deliver the specified services.
Where there is a discrepancy between words and figures, WORDS SHALL GOVERN.
ITEM DESCRIPTION STATION #2
STATION #7
$
$
$
$
I Task I - Program Analysis $
Section 3.1
2 Task 2 - Design Development $
Section 3.2
Task 3 - Construction Documents $
Section 3.3
Total Cost Per Station $
Total Cost For All Proposed Work $
(Total cost written in words)
4 Hourly wage rates charged by principals and employees for extra work (list on a separate
document)
NAME OF OFFEROR
(PERSON, FIRM, CORP.)
Date
SIGNATURE OF AUTHORIZED REP.
ADDRESS
ADDRESS
TELEPHONE NUMBER
NAME & TITLE (please print)
DATE
FACSIMILE NUMBER
Person authorized to bind bid:
Print Name Sign Name
ANY AND ALL ADDITIONAL COST MUST BE INDICATED IN BID DOCUMENTS; FAILURE TO
STIPULATE SHALL BE CAUSE FOR DISHONORING ANY ADDITIONAL CHARGES.
11
ORPo~.h
A~pdl 20, 2001
PES No. 2876-01
City of Santa Ana Fire Dept.
SPECIAL LICENSES, ACCREDITATION AND CERTIFICATIONS
Power Engineering Services, Inc., operates under the supervision of a team of qualified
Registered Professional Civil and Electrical Engineers (California). PES also holds a C-10
Electrical General Contractors license.
PES is an accredited laboratory to ISO Guide 25 by the American Association of Laboratory
Accreditation (A2LA) and meets NIST and NVLAP requirements of the Code of Federal
Regulations (CFR) 15, Part 7, National Voluntary Laboratory Accreditation Program.
PES is certified as a Woman Business Enterprise (WBE) by the Women and Minority Business
Enterprise (WlV[BE) Clearinghouse. See attached Certification on next page.
PES is certified as a Small Business by the California State Department of General Services
(DGS) Office of Small and Minority Business (OSMB). See attached Certification on
following pages.
_UI
Women Minority Business Enterprise Clearinghouse
Public Utilities Commission - State of California
August 13, 1999
BARBARA M. EFFENBERGER
POWER ENGrNEERING SERVICES INC.
2703 SATURN STREET
BREA, CA 92821-
CHS Verification Order Number: 99FS0013
In accordance with General Order 156 and the Clearinghouse Operational Guidelines, WMBE status has
been verified and approved for your firm, as follows:
WBE
This status enables your firm to participate as a WMBE, in procurement programs for the public utilities
doing busines~ in the State of California who are signatories to the WMBE Clearinghouse.
This verification sums is valid with the following conditions:
(1). YOU must. not fy the Clearinghouse of any change in ownership and/or control of-your f'wm
within 30 days of the change. Failure to notify the Clearinghouse violates section 8285 of
the Public Utilities Code which is cited in the application.
(2) The Clearinghouse may reconsider your WMBE sums:
(a) If it is determined that such status was knowingly obtained by false, misleading or
incorrect information.
· (b) .If, in a formal opinion,.the California Public Utilities Commission determines that the
W1V[BE verification criteria under which you were deemed to be eligible is no longer
valid.
(3) The Clearinghouse may request additional information or conduct on-site visits at any time
during the term of your verification.
(4)
If the Clearinghouse verifies you under the Comparable Agency Verification process, you
must submit proof of recertification by the comparable agency prior to the comparable
agency's expiration date to maintain eligibility. Please note, however, that WMBEs are
required to submit application forms at least once every three years. Due to this stipulation,
the expiration date of the attached certificate may not match the date of your comparable
agency certificate.
We wish you success in your future business development.
VERIFICATION ANALYST
SENIOR ANALYST
WMBE C£EdRiNGNOUS£- Administered by ASIAN, Inc. pursuant to PUC General Order 156
1670 Pine Street 4605 Lankershlm Blvd., Ste 418
San Franclsco, CA 94109
North Hollywood, CA 91602
Toll Free: 800-359-7998
Tel: 415-928-6892 Fax: 415-921-0182
Toll Free: 800-869-7385
Tel: 818423-9797 Fax: 818-623-9799
State of California ' State and Consumer Servlces Agency ' Gray Davis, Governor
DEPARTMENT OF GENERAL SERVICES
Office of Small Business Certification and Resources
1531 I Street, Second Floor ' Sacramento. California 95814-2016
July 10, 2000
REF# 0017755
POWER ENGINEERING SERVICES INC
2703 SATURN ST
BREA CA 92821
Dear Business Person:
SB APP 20000710
JUL 1 g _OOO
P.E.S. lNG.
Congratulations on your certified small business status with the State of California. Your certification entities you to
benefits under the state's Small Business Participation Program within state contracting, including a five percent
bidding preference and special provisions under the Prompt Payment Act.
Certification period
Your certification period for eas~h'~
Industry E ~
.:: . .:..== ~
SERVICE -
Annual Submission Requ~ro~
Proof of Annual Receipts
To ma ntain your.certified status, you must submi~ annually.to our.office an ENTIRE sIGNED copyof the federal
tax return for your firm and all affiliates. InCldde ALL schedules, forms, statements, and any other support
documents as filed with the Internal Re~,enue.SeNice (IRS). Any firm submiting to our office Form 1040 Individual
federal tax returns must include ALL Form W:2~ associated With that tax return.
IMPORTANT! Please ensure your submitted tax return copies are SIGNED by an authorized owner/officer.
Unsigned tax return copies are a common oversight as most copies from tax preparers are not ordinarily signed.
Because most businesses do no[ immediately file their tax retums at the end of their tax year, we will accept a
temporary Affidavit of Income. A copy is enclosed for your convenience. Submit the Affidavit of Income to our
office within the first month following the close of your firm's tax year. The affidavit is valid for 90 days. When
the affidavit expires, submit a signed copy of your firm's federal tax return-including all attachments,
statements, etc.
If you requested a tax filing extension from the Internal Revenue Service, submit a copy of the extension to our
office. When your tax returns are complete, submit the entire signed federal tax return no later than two weeks
after the tax filing extension expires.
Prompt Payment Program
The Prompt Payment Act encourages state agencies to pay the undisputed Invoices of ce~fied small businesses
and registered nonprofit organizatJoos on a timely basis. Prompt payment Is reinforced by adding Interest penalties
for late payment. Covered under the Act are certified small businesses that are either a service, manufacturer, or
non-manutacturer firm, and nonprofit organizations registered with the OSBCR.
Compensation on late or unpaid pro¢~ess payments for certified construction firms is addressed in Public Contract
Office of Small Business Certification and Resources
REF# 0017755 POWER ENGINEERING SERVICES INC
2
July 10, 2000
SE) APp 200007~0
Code, Section {}10261.5.
The Prompt Payment Program includes the use of a rubber stamp to alert state agencies of a firm's certified small
business or registered nonprofit status.
Orderinq a rubber stared
Rubber stamps are available in'two styles:
Traditional rubber stamp $15
Pre-inked rubber stamp $25
To purchase a rubber stamp, return the enclosed "Prompt Payment Stamp Request'' to the OSBCR ~vith your
check or money order made payable to the "Department of General Services."
Reporting Business Changes
Submit all address and other contact information changes to the OSBCR. All submittals must be signed by an
owner or officer and may be faxed or mailed.
Report all changes in business name, structure, or ownership by submitting to the OSBCR a new "Small Business
and/or Disabled Veteran Business Enterprise Certification Application" (STD. 812!. .
Your firm's business information must remain current with the OSBCR or your certification status may be ~ubject
to suspension and subsequent revocation.
Proof of Eligibility
Maintain this odginal certification letter for future business needs. To demonstrate your firm's small business
eligibility, include a copy of this letter in your state contract bid.submittals.'
Prior to cont/'act award, agencies will assure the vendor is in compliance wY~h Public Contract Code, Section 104 fO
et seq. addressing conflict of interest for state officers, state employees or former state employees.
Certification Renewal
A renewal application will be mailed to you prior to the expiration of your small business certification. If you do not
receive an application, please call us so that you may timely renew your certification.
Office of Small Business CertJflceflon and Resources
REF# 0017755 POWER ENGINEERING SERVICES INC
3
July 10, 2000
SB APP 20000710
If you have any questions, please contact me at 916.324.0270, e-mail tay. higashi@dgs.ca.gov, or fax
916.442.7855. To better serve you, please have a copy of this letter and the "Small Business and/or Disabled
Veteran Business Enterprise Certification Appllcatlon" (STD.812) booklet when you call. The OSBCR offers
vadous programs to further participation In state conb'acting. You may visit our Intemet website at
www. dgs.ca.govlosbcr, or call our OSBCR Telephone Information System at 916.322.5060.
Sincerely,
Certificafi /'~
Office of Small Business Certificabon and Resources
April 20, 2001
PES No. 2876-01
City o f Santa Ana Fire Dept.
4.1.2 Identify the project manager and key personnel to be assigned to the project.
Describe their qualifications, education, and representative experience.
An organizational chart showing the three key personnel that will be assigned to this project
and their areas of responsibility is given on the next page. Resumes for each of the key
personnel are also provided. PES three (3) key personnel for this project have cumulative
experience exceeding 75 years. Mr. Effenberger and Mr. Hill both worked closely with
Captain Williams and other City of Santa Aha personnel in the successful completion of the
Station 5 electrical service up~ades and ne~v Emergency Response Center.
All three (3) principals hold Bachelors of Science de~ees in their respective fields and are
Registered Professional Engineers in California. Each individual has previously held the
position of project manager and project engineer. All three (3) individuals have managed
projects valued in excess of $10 million dollars.
BARBARA M. EFFENBERGER, P.E.
President, Civil Engineer
Ms. Barbara Effenberger has over seventeen (17) years of experience in designing, managing and
reviewing civil engineering projects and a broad range of project experience including pipeline, petro-
chemical, waterfront, commercial, residential, industrial and institutional facility design. Ms. Effenberger
is President of Power Engineering Services, Inc.
REGISTRATION
1987 - Civil Engineer, C42558
PROFESSIONAL EXPERIENCE
Project Engineer, Principal, Power Engineering Services, Inc.
Planning, designing and supervising associates, designers and CAD personnel on
completion of equipment foundations and grading for substations. Perform seismic
evaluation of electrical equipment and structures. Liaison with clients and contractors.
Project Engineer, R/chard K. Shogren & Associates
Third-party Civil/Structural plan check and design review for the County of Santa
Barbara, particularly oil and gas projects including Exxon Santa Ynez Unit Expansion
Project (valuation $1.5 - 1.8 billion), and upgrades and maintenance to Chevron's Point
Arguello plant facilities, Texaco's Gaviota marine Terminal and Unocal's Battles plant
in Santa Maria. Senior Project coordinator for entire Exxon design review effort and
chief liaison to County, Exxon, and Exxon's design consultants. Provide engineering
design review for compliance to codes and standards and engineering support for field
inspection and permit sign-offfor all County submittals. Provide engineering designs and
review for a wide range of civil/structural projects including: CalTrans bridge support at
Crestline, retaining wall in San Dimas, flood controls for the Luz solar plant site at Harper
Lake, and vessel design review at the La Salina Waste Treatment Plant.
Project Engineer, Southern California Gas Company - Structural Facility Design Department
Responsibilities included project management and engineering services to effectively
plan, direct and coordinate major projects which include new and remodeled facilities,
company headquarters and gas processing plants. Directed the activities of contractors,
construction inspectors and architects. Responsible for two headquarter facilities totaling
$22 million and various smaller scale projects totaling $5 million.
BARBARA M. EFFENBERGER, P.E.
President, Civil Engineer
Page 2 of 2
District Pipeline Planner, Southern California Gas Company - Transmission Department
Planning, designing and supervising pipeline projects, and preparing annual operating
budget for transmission base. Supervising engineer for pipeline emergency repair
project's.
Associate Engineer, Southern California Gas Company - Gas Facility Design Department
Prepared engineering designs and cost estimates for pipelines, compressor stations, gas
processing plants, and associated structures. Directed and reviewed the work of outside
consultants.
Engineer, Berryman & Stephenson, Inc.
Support activities included design of transportation corridors, preparation of traffic and
transportation studies, development of computer programs for various public works
projects, and representation of municipality at Planning commission hearings.
DOUGLAS E. EFFENBE~RGER, P.E.
Vice President, Eleetrleal Engini~er
Mr. Douglas Effenberger has over twenty (20) years of consulting and management experience for
major project assignments spanning the globe. As principal and registered engineer, he has been
involved in every aspect of running and operating a full service electrical consulting and testing
business.
REGISTRATION AND LICENSES
Registered Professional Electrical Engineer- California State License No. 12485, since 1987
C10- Electrical (General) #571012, since 1989
PROFESSIONAL EXPERIENCE
Engineering Project Management
Oversee project work from conceptual studies to completion of construction. Prepare
estimates, schedules, budgets, and coordinate work with various disciplines.
Conduct meetings, prepare minutes and assure completion of action items. Negotiate
project scope changes and prepare closeout documentation.
Engineering Design
Specialize in the design of:
-substations rated 230kV and below.
-underground distribution and cable systems rated 230kV and below.
-generating facilities; overhead transmission systems rated up to 230kV.
-electrical distribution and control systems for processing and manufacturing
facilities including petro-chemlcal, pharmaceutical, food, optical,
plastics, furniture, and coating.
-systems for theme parks, entertainment installations, and institutions such
as hospitals, research centers and universities.
Perform power systems analysis. Prepare a wide variety of studies including short
circuit, coordination, load flow, transient disturbance, load survey and grounding.
Conduct research of standards and codes to define design parameters, determine code
compliance and prepare specifications.
Inspection
Responsible for direct and indirect inspection of installed electrical facilities rated up
to 230kV, classified as hazardous or non-hazardous, and ranging in type from petro-
chemical to clean room installations. Managed the electrical inspection effort
performed by a ieam of engineers for various oil and gas processing facilities with
project valuations totaling over $5 billion. Perform the duties required by the
Authority Having Jurisdiction, including code interpretation.
DOUGLAS E. EFFENBERGER, P.E.
Vice President, Electrical Engineer
Page 2 of 2
Certification
Responsible for direct and indirect inspection of non-listed or certified equipment up
to 230kV for many varied applications with the primary concem of establishing code
and standard compliance. Responsible for working with clients and jurlsdictional
authorities as well as contractors and manufacturers. Obtain jurisdictional approval
of PES as a test lab. Perform certification services in PES Laboratory and at
manufacturer or end-user facilities. Resolve issues concerning interpretation of
standards with the vendor, end user and Authority Having Jurisdiction.
Testing
Perform testing of equipment direct and indirect for both acceptance, maintenance,
troubleshooting and certification of equipment. Perform tests in accordance with
ANSI, ASTM, UL, IEEE, N'ETA, NFPA, NEC, NEMA and other industry
requirements. Assist staff and outside auditors in accreditation of PES as a
laboratory and obtain approval fi.om the American Association for Laboratory
Accreditation (A2LA). Work with clients such as Southem California Edison
Company in substation acceptance testing.
THOMAS M. HILL, P.E.
Engineering Manager, Electrical Engineer
Mr. Thomas Hill has over thirty (30) years of engineering experience in the design, construction and
operation of electrical systems for a wide range of industrial, commercial, utility and institutional
facilities. As Engineering Manager, he directs the activities of design teams to ensure coordination
and control of the projects through completion. Project experience has included systems, from
208V to 230kV and with varied complexity from simple radial power distribution to multiple
substations with primary and secondary selective schemes.
REGISTRATION
Registered Professional Engineering - California State License No. E8615, since 1976
PROFESSIONAL EXPERIENCE
Engineering Project Management
Responsible for the technical quality and performance of the Electrical Engineering
and Design Department, including preparing proposals, developing pla.ns,
establishing project budgets and schedules, and coordinating the various disciplines
and design teams.
Engineering Design
Specialize in the design of electrical services rated from 208V to 230kV; radial
power distribution; multiple substations with primary and secondary selective
switchgear; power generation with diesel engines and gas or steam turbines; and
cogeneration/power recovery.
Typical project scope of work includes:
-development of single-line and three-line diagrams.
-IEEE Standard 80 ground grid design; preparation of equipment
specifications and power systems analysis, including load flow,
short cimuit, voltage drop and protective device coordination.
-schematic and wiring diagrams for controls.
-production of riser diagrams for telecommunications, security and fire
alarm systems.
~THOMAS M. HILL, P.E.
Engineering Manager, Electrical Engineer
Page 2 of 2
The types of electrical equipment experience include air, vacuum, oil and SF6
switchgear, motorcontrol centers, automatic transfer switches, stand-by generators,
uninterruptible power supplies, batteries and chargers, as well as induction and
synchronous motors for support of pumps, fans and compressors.
Inspection and Review
Perform on-site inspection of client facilities for "as-built" documentation, code
compliance and maintenance assessment. Prepare reports with recommendations
based on inspection activity.
Review project documents including plans and specifications for compliance with
electrical codes and project requirements and prepare detailed review comments for
owner's use at project meetings. Assist with resolution of technical issues during
design and construction phase of project. Review vendor submittal for compliance
with Codes and project requirements.
April 20, 2001
PES No. 2876-01
City of Santa Aha Fire Dept.
4.1.3 Brief Description of Representative Work Involving Similar Projects.
Power Engineering Services was asked by Mr. Bob Honish, Fire Marshall for the City of Santa
Ana to prepare a proposal including a scope of work for Fire Station No. 2 and Fire Station No.
7 electrical upgrade. The Scope of Work developed by PES now appears in Part 3.0 of RFP
01-042. Presumably, PES was asked to develop the scope because of our successful
completion of Fire Station No. 5 electrical upgrades where PES was the Engineer of Record.
PES demonstrated our competency on the Fire Station No. 5 project with the same team of
engineers to be used for this project. The plan check submittal for Fire Station No. 5 was
approved by City of Santa Ama Building and Safety Division with no comments or revisions
required.
PES has both active and completed projects with very similar requirements to Fire Station No.
2 and 7. A small sampling follows:
1. Palm Springs Aerial Tramway - Mountain Station
Prepare plans for electrical system improvements to the Mountain Station to increase
the electrical service capacity, improve lighting, provide egress lighting, include
emergency power, allow kitchen improvements.
2. Queen Mary, Queen's Seaport Development
Prepare a conceptual study including inventory of ail electrical services (26) to
redistribute power to existing and new building as part of development plans. Produce
modification plans to existing electric service locations.
3. TA Manufacturing Company - Valencia Facility
Provide complete electrical design package for new grass roots manufacturing facility
including office and plant areas. Submit Title 24 calculations ~vith the plancheck
package. Prepare plancheck packages for facility upgrades and modifications including
new manufacturing lines, lighting, busways, conduits, and emergency generator
installation.
4. Master Halco Corporate Offices - La Habra
Provide electrical system design modification plancheck and construction package to
add a standby generator, lighting and air conditioning modifications for a Control
Dispatch facility.
All of the above projects included a construction estimate and preparation of a major items
material list.
URp01~,
April 20, 200I
PES No. 2876-01
City of Santa Ana Fire Dept.
4.1.4 Graphic Material Illustrating Design Style for Fire Station No. 5 Improvements.
4.1.4.1 See attached five sheets
III I IIII
/
/
S~
~00~ ¥8
April 20, 2001
PES No. 2876-01
City of Santa Aha Fire Dept.
4.2 Subcontractors
4.2.1 No subcontractors are required for this project.
4.3
Work Schedule
4.3.1
April 20, 2001
PES No. 2876-01
City of Santa Aha Fire Dept.
PES developed the Scope of Work for this RFP at the request of Mr. Bob Honish. PES
worked with Captain Williams on the successful completion of Fire Station No. 5
improvements. PES has considerable experience in scheduling site activities and
collecting information necessary for design completion. Our designers and engineers
are field oriented and are prepared to pull covers on equipment with the assistance of
City personnel to determine existing conditions and develop demolition plans.
Attached on the next page is a proposed schedule for this project.
ill
I1.[
April 20, 2001
PES No. 2876-01
City of Santa Ana Fire Dept.
Additional Consultant Requirements
4.4.1 A sample Certification of Insurance is attached following this page.
coverage and liability limits meet or exceed the City requirements.
4.4.2 A thirty (30) day cancellation provision will be provided.
4.4.3 The additional insured language wiI1 be added to the Certificate.
The
OFY NCE
AC;ORD.. CERTIFICATE LIABILIT INSURA lo ooo
ONLY AND CONFERS NO ~G~S UPON ~E 'CER~FICA~
ARIS INSU~NCE SER~CES HO~E~ ~ CER~FICA~ ~ES NOT ~END, ~NO OR
2~01 BUSINESS CENTER D~, ~230 ~ ~R ~E CO~GE AFFO~ED BY ~E POMCIES BELOW.
IRENE. CA 92612 ~ INSURERS AFFO~ING CO~GE
LICENSE NO. 079~6 ]
POWER ENGINEERING SERVICES INC.
2703 SATURN ST.
BREA, CA 92821
A$$UH~NCE'GO DP AMEHICNZUHIGH
AMERICAN ZURICH INS. C0.
CONTINEN [AL CA$0~TY CC)
THE POLICIES OF INSUP. e~NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIO0 INDICATED. NOTM4THSTANDiNG
ANY REQUIREMENT, TERM OR Co~DmoN OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAy BE ISSUED OR
MAY PERTAJN. THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOVVN ~tAy HAVI[ BEEN REDUCED BY PAiD CLAIMS.
,~CO*~ERC~A~. ~6~."~L Lwr,.n'r j33997405
33997405
11/05/00
11/05/00
33997405
2043886
11/05/00
09101/00
11/05/01
11/05~1
09101/01
j
1000000
,,cR OCCU~.NCE ] s 100~
1000000
PREll4080308 11/05/00 11/05/01 !Lh $1,000,000/$1,000,000
[OFESSIONAL
LIABILITY LIMIT IS PER CLAIM/POLICY AGGREGATE
HOLDER i t ~orno¢~ ~UR~;, ~..~ ~ .....
CANCELLATION
RFP 01-042
PROPOSAL FORM
* 27
Responding to a Request For Proposal due not later than 5:00p.m.. April~ 2001 the undersigned Offeror
agrees to furnish ELECTRICAL ENGINEERING SERVICES in accordance with RFP 01-042. [/We
have stated herein the price(s) shown at which I/we will furnish and deliver the specified services.
Where there is a discrepancy between words and fiRutes, WORDS SHALL GOVERN.
ITEM DESCRIPTION
STATION fl2 STATION #7
$ 4,000.00 $ 4,000.00
Task I - Program Analysis
Section 3.1
2 Task 2 - Design Development $10.000.00 $10,000.00
Section 3.2
3 Task 3 - Construction Documents $ 4.000.00 $ 4,000.00
Section 3.3
Total Cost Per Station $18,000.00
$18,000.00
Total Cost For All Proposed Work $ 36,000.00
Thirty six thousand dollars and no/100
(Total cost written in words)
Hourly wage rates charged by principals and employees for extra work (list on a separate
document) see attached Rate Schedule
Power Engineering
Services, Inc.
NAME OF OFFEROR
(PERSON, FIRM, CORP.)
Date4/18/01
2703 Saturn Street
ADDRESS
Brea, CA 92821
ADDRESS
714-524-9100
TELEPHONENUMBER
SIGNATURE OF ~HORIZE~I~P.
Barbara Effenberqer, President
NAME & TITLE (please print)
April 18, 2001
DATE
714-528-8782
FACSIMILE NUMBER
ANY AND ALL ADDITIONAL COST MUST BE INDICATED I'N BID DOCUMENT, S; FAILUKE TO
STIPULATE SHALL BE CAUSE FOR DISHONORING ANY ADDITIONAL CHARGES.
Statement of Proposed Progress Payments:(Item 4.6.3 of RFP No. 01-042)
Net 30 days upon completion of each of the three tasks (listed above)
ll
*Revised due date per Addendum No. 1, date 4/12/01.
ORPoIO~
2001
PI~S No. 2876-01
City of Santa Ana Fire Dept.
PROFESSIONAL SERVICES RATE SCHEDULE
November 2000
, 1.0 CLASSIFICATION OFSERVICES
Rates Per Hour
Principal Engineer, Registered $100
Certification Engineer $90
Senior Engineer, Level I $90
Senior Engineer, Level 2 $84
Staff Engineer $79
Senior Designer, Level 1 $74
Senior Designer, Level 2 $63
Designer $58
CAD Specialist, Level I $53
CAD SpeciaIist, Level 2 $50
Test Technician, Level 1 $92
Test Technician, Level 2 $84
Test Technician, Level 3 $74.
Technical Admin Assistant $50
Admin Assistant/Word Processing $37
2.0 BIL£1NG EXPENSES
Automobile Travel
Test Vehicle / Standard Meters
Air Fare
Subsistence, Lodging
Rental Vehicles and Equipment
Travel Time
Telephone Charges
Computer Charges for CAD/Plotter
Computer/Software Charges for Studies
Plain Plots - In House
Facsimile - Outgoing
Copies
Photographic Services
Blueprints and Copies
Publications and Standards
Consultants As Approved
Postage / Courier
$.50 / Mile
$15/Hour
Cost Plus 10%
Cost Plus 10%
Cost Plus 10%
Straight Time
Cost Plus 15°/
$10/Hou
$15 / Hour
$3.00 / Sq. Ft.
$1/Page
$.08 / Page
Cost Plus I5%
Cost Plus 15%
Cost Plus 15%
Cost Plus 15%
Cost Plus 15%
3.0 FOLLOW UP SERVICES - CERTIFICATION
I - 8 Hours Minimum Charge 4. Hours
4.0 TEST1NG SERVICES
1 - 8 Hours
Minimum Charge 4 Hours
5.0 GENERAL TERMS AND CONDITIONS
Retainer Fees when required, are due prior to beginning of project.
Services are charged based on PES Quotation. Terms and Conditions apply as attached.
PES RESERVES THE RIGHT TO CHANGE RATES WITHOUT NOTICE
Power Engineering Services, Inc.
2703 Saturn Street, Brea, CA 92821
Telephone (714) 524-9100 Facsimile (714) 528-8782
~TERMS AND
ORPO~
April 2a~001
PES ~876-01
City ~,, ~anta Aha Fire Dept.
CONDITIONS FOR PROFESSIONAL SERVICES
Professional Services
Power Engineering Services, Inc., (PES) shall perform the services outlined in this agreement for the stated
fee arrangement.
ACCESS TO THE SITE
Unless otherwise stated, PES will have access to the site in activities
necessary for the performance of the services. PES will take precautions
to minimize damage due to these activities, but have not included in the fee
the cost of restoration of any resulting damage.
FEE
The total fee, if stated, shall be understood to be an estimate, and shall not
be exceeded by more than ten percent without written approval of the
Client. Where the fee arrangement is to be on an hourly basis, the rates
shall be those that prevail at the time services are rendered.
BILLINGS/PAYMENTS/FREQUENCY:
All invoices for services rendered or expenses incurred shall be submitted
at PES's option, either upon completion of such services or on a monthly
basis. Invoices are payable in full upon receipt. Retainers shall be credited
on the final invoice.
LATE PAYMENTS:
In the event any billing for services rendered or expenses incurred shall
remain unpaid for more than thirty (30) days, Power Engineering Services,
Inc., may without waiving any claim or right against the Client, and
without liability whatsoever to the Client, terminate the performance of the
service.
Upon any default under this agreement all obligations of client shall bear
interest at the rate of 1.5% per month until all such sums due and owing
have been paid in full at the sole election of PES. In the event any portion
or all of an account remains unpaid after the payment terms, the Client
shall pay all costs of collection, including attachment, court costs and
reasonable attorney's fees.
OWNERSHIP OF DOCUMENTS/SERVICES:
Power Engineering Services, Inc., retains a security interest in reports
and/or services rendered hereunder until paid in full and in addition to the
remedies set forth above shall have all of the rights and remedies under the
California Uniform Commercial Code.
APPLICABLE LAWS:
Unless otherwise specified, this agreement shall be governed by the laws
of the State of California.
WARRANTIES:
PES warrants that all of the services provided by or on its behalf pursuant
to this Agreement will be performed with reasonable care, skill and
diligence in accordance with generally and currently accepted professional
engineering principles and practices. This warranty is in lieu of ali other
warranties, either express or implied Further, it is understood that when
used in conjunction with the providing of services pursuant to this
agreement, such terms as "certified", "warrant", "confirm", "assure" or the
like do not constitute a guarantee, but rather a representation based on PES'
professional opinion or judgment.
INDEMNIFICATION:
The Client shall indemnify and hold harmless PES, its employees and
agents from and against all third party claims for loss or damages,
including costs of litigation and reasonable attorney's fees, arising out of
the performance of the professional services contemplated by this
Agreement, except and unless such loss or damages were proximately
caused by the gross negligence or intentional misconduct of PES, its
employees or agents.
TERMINATION OF SERVICES:
This agreement may be terminated in writing by the Client or PES should
the other fail to perform its obligations in writing hereunder. In the event
of termination, the Client shall pay PES for all services rendered to the
date of termination, all reimbursable expenses, and reimbursable
termination expenses.
RISK ALLOCATION:
California Civil Code 2782.5: Nothing contained in Section 2782 shall
prevent a party to a construction contract and the owner or other party for
whose account the construction contract is being performed from
negotiating and expressly agreeing with respect to the allocating, release,
liquidation, exclusion, or limitation as between the parties of any liability
(a) for design defects, or (b) of the promisee to promisor arising out of or
relating to the construction contract. In recognition of the relative risks,
rewards and benefits of the project to both the client and PE$, the risks
have been allocated such that the client agrees that, to the fullest extent
permitted by law, PES' total liability to the client for any and all injuries,
claims, losses, expenses, damages or claim expenses arising out of this
agreement from any cause or causes, shall not exceed ten times our fee or
$50,000 whichever is less. Such cases include, but are not limited to PES'
negligence, errors, omission, strict liability, breach of contract or breach
of warranty.
PROPRIETARY OWNERSHIP:
PES claims proprietary fights to the technical information issued in
confidence for this project. Engineering information and drawings may
not be reproduced or altered without direct written permission from PES
to the user. The drawings and/or technical information provided are the
property of PES and are provided for use on this project only.
ACKNOWLEDGMENT
The undersigned acknowledges review and understanding of the Terms
and Conditions and that this letter and all attachments accurately sets forth
the complete services for which Power Engineering Services, Inc., has
been engaged and agrees to be responsible for and pay to Power
Engineering Services, Inc., all the foregoing fees and to reimburse PES for
any costs, expenses or advances incurred in performing the services herein:
SIGNED:
DATED:
EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
Client# '~4288 ~WEENG
CERTIFICA :: OF LIABILITY INSUI- NCE
PRODUCER
PPIB/Aris Insurance Services
2244 West Coast Highway, Suite 200
Newport Beach, CA 92663-1513
949 729-0777
INSURED
Power Engineering Services, Inc.
2703 Saturn Street
Brea, CA 92821
,
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MAURER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: American Manufacturers Mutual In~.
INSUBERB~ American Motorists Insurance Co.
,NSUBERC~ Continental Casualty Company
INSURER D;
INSURER E:
7BGl1208300
AEAl14080308
ILiability
PROFESSIONAL LIABILITY LIMIT IS PER CLAIM/POLICY AGGREGATE
ALL ENGINEERING OPERATIONS INCL BUT NOT LTD TO FIRE STATIONS NO 2 & 7
CITY OF SANTA ANA ITS OFFICERS EMPLOYEES AGENTS VOLUNTEERS & REPS ARE
NAMED AS ~DD'L INSDS & PRIMARY CLAUSE APPLIES ON GEN LIAB POLICY-SEE ENDT
~E7Y05324701
Deputy
11/05/02 11/05/03
As TO FO~I~
Attorney
09/01/02 09/01/03
il/OS/D2 !11/os/o3
POLICY EFFECTIVE POYPO~CY EXPIRATION
DATE {MNUDD/YY) I DATE {MM/DD/YY)
il/05/02 ii/05/03
LIMITS
EACH OCCURRENCE
F~RE DAMAGE (Any one fire)
MED EXP (A~y one pemon)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS -COMP/DP AGG
(EaCOMBINED SINGLE LIMITaccident) iSl, 000, 000
BODILY iNJURY I
(Per pemon) $
~ 000~ 000
sl0,000 ~
$1,00O, 0Q0
s2~00 _0~ 00
$~0~ 0 0 0
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Peraccident}
AUTO ONLY -EA ACCIDENT
OTHER THAN EA ACC
AUTOONLY: AGG i:
EACH OCCURRENCE
AGGREGATE
X wc STATU- I !OTH- i $
[E.~r DISEASE- EA EMPLOYEE $1,0 0 0~ 0 0
D,SE;SE -POL'C L, ,T ,I =i, 006, 0b0
1, ooo, ODD/i, ooo, ooo
CERTIFICATE HOLDER ] I ADDmONALINSURED;INBURERLEI'rER:
THE CITY OF SANTA ANA
ATTN: LISA STORCK-OFC OF CITY ATTORNEY
20 CIVIC CENTER PI~h. ZA
P.O. BOX 1988
Santa Ana, CA 92702-1988
ACORD25'S(7~J7)l of 2 #222321
CANCELLATION ~ ~: .... , ,
e ACORD CORPORATION 1988
I EX~ttiI~RABlUL~ CLAIMS MADE
WORKERS COMPENSATION AND
i EMPLOYERS' LIAB~UTY
! OTHER Professional
jANY AUTO
X~l ANY AUTO
ALL OWNED AUTOS
/ SCHEDULED AUTOS
X i HIREDAUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
GEN'L AGGREGATE LmM ~T APPLIES PER:
AUTOMOBILE LIA BILD~¢
GENERAL LIABILfi%'
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSANDCONDITIONSOFSUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS.
KEMPER PREMIER ENDORSEMENT FOR
ARCHITECTURE AND ENGINEERING FIRMS
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08
1. ADDITIONAL INSURED - - BY CONTRACT, AGREEMENT OR PERMIT
-ODDITIONAL INSURED: THE CITY OF SANTA ANA,/TS OFFICERS, EMPLOYEES, AGENTS,
OLUNTEERS & REPRESENTATIVES
Item 5, of Section C. -WHO IS AN INSURED, is deleted and replaced by the following:
Any person or organization (named above) to whom or to which you are obligated by virtue of a written
contract, agreement or permit to provide such insurance as afforded by this policy is an insured, but only
with respect to liability arising out of:
a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured;
b) Permits issued by state or political subdivisions for operations performed by you; or
c) Premises you own, rent, occupy or use.
This provision does not apply unless the written contract or agreement has been executed, or the permit
has been issued, prior to the "bodily injury," "property damage," "personal injury" or "advertising injury."
This provision does not apply to any person or organization included as an insured under Additional
Insured - Vendors.
(NOTE: MEETS OR EXCEEDS CG 20 10 11 85)
PRIMARY - - NON-CONTRIBUTORY
This insurance is primary and is not additional to or contributing with any other insurance carried by or
for the benefit of Additional Insureds.
SEPARATION OF INSUREDS
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first
Named Insured, this insurance applies:
a) As if each Named Insured were the only Named Insured; and
b) Separately to each insured against whom claim is made or"suit" is brought.
NOTICE OF CANCELLATION
If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at
least 30 days before the effective date of cancellation to the Additional Insureds on file with the Company.
If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective
date of cancellation to the Additional Insureds on file with the Company.
WAIVER OF SUBROGATION
If the insured has rights to recover a~l or part of any payment we have mede under this policy, those rights ara
transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss,
any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a
loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us
enforce them. This condition does not apply to Medical Expenses Coverage.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated,
{ NAMED INSURED: I POWER ENGINEERING SERVICES' INC'Effective Date: 11/05/02
POLICY NO: 7RE80066501
Expiration Date: 11/05/03
AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY
<~-x;~-- ~ ~ V' ' ,, ISSUED: November 21, 2002
-- "'--.C~[STINE LEE SHAW
Deputy City Attorney
Kemper Form #BP7108