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HomeMy WebLinkAbout1996-018 Boyle Engineering Corp. Consultant Services Contract 96018 CITY OF ATASCADERO DEPARTMENT OF PUBLIC WORKS rt Isla 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 ' Fax:(805)461-7615 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO CURBARIL AVENUE SEWER MAIN REPAIR PROJECT PUMP STATION NO. 5 FORCE MAIN REPAIR PROJECT THIS AGREEMENT, made this the 8th day of July 1996, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Boyle Engineering Corporation, hereinafter referred to as "Consultant". Witnesseth that for and in consideration of the mutual covenants contained herein, the parties hereto agree one to the other as follows: Article 1 - Authorization A. Consultant will perform the services under this Agreement upon receipt of the Notice to Proceed issued by the City Manager. B. The following exhibits are attached hereto, and incorporated herein, by reference as though here fully set forth. 1. Exhibit A , Scope of Preliminary Design Services 2. Exhibit B, Fee Schedule 3. Exhibit C, Letter date June 13, 1996 regarding initial services 4. Exhibit D, "Additional Provisions" subject to the conditions of Article 16 of this Agreement Article 2 - Responsibilities of Consultant A. Consultant shall provide the design services for the repair of the 8" sewer gravity main across Atascadero Creek at Curbaril Avenue and repair of the 16" sewer force main across Atascadero Creek at Pump Station No. 5 at the City Corporation yard as described herein and outlined on Exhibit A for the City of Atascadero. B. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator, herein designated as the City Engineer. C. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and tasks per Exhibit A, commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 3 - Responsibilities of City City shall cooperate with Consultant on all phases of the services covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. Article 4 - Fee and Provision for Payment City will pay Consultant a fee of not to exceed $28,500.00 for the services contracted under this Agreement. Said fee includes the $5,000.00 fee for initial services outlined in the letter dated June 13, 1996 hereto attached as "Exhibit C". Consultant shall submit monthly progress reports to City indicating the state- of-completion of each task specified in Exhibit A. Consultant shall be paid no later than thirty (30) days following receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit B. Article 5 - Payment for Extra Services or Changes Any claim for payment for extra services or changes in the services will be paid by City only upon certification by the City Manager that the claimed extra service or change was authorized in advance by the Project Coordinator and the City Manager, and that the service has been satisfactorily completed. Invoices for extra services which are approved by the Project Coordinator and City Manager must be submitted by Consultant within thirty (30) days of completion of such services and must be accompanied by a statement of itemized costs covering said services. Article 6 - Suspension or Termination of Agreement A. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Project Coordinator and the City Manager, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Project Coordinator and the City Manager. B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon services �r►3 accomplished by Consultant prior to notice of such termination. In the event of termination of any portion of this project, Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. Article 7 - Time of Completion Consultant agrees to diligently pursue the services required under this Agreement and to complete the services as described in Exhibit A within 20 working days from receipt of the written Notice to Proceed signed by the City Manager and the Project Coordinator. Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8 - Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9 - Ownership of Data The ownership of all data collected for use by Consultant under this Agreement, together with working papers, drawings, and other materials necessary for a complete understanding of the plans and necessary for the practical use of the plans shall be vested in City. Ownership of original drawings and documents shall be vested in City. Consultant may retain a copy of all work for his own use. Article 10 - Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 - Contract Personnel #24 Uq V4 &)l Kaae"19 ,d5 The services to be performed pursuant to this Agreement shall be done by Brawm amelall— E-&� and such other personnel in the employ or under the supervision of Consultant a who shall be approved by City. The City official who shall be vested with the right of err' `rrr+ approval of such additional personnel or outside contracting parties shall be the City Manager. City reserves the right to reject any of Consultant's personnel or proposed outside consultants, and City reserves the right to request that acceptable replacement personnel be assigned to the project. Article 12 - Indemnity Clause Consultant shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, and liabilities arising out of this Agreement and occasioned by the negligent performance of the provisions hereof including, but not limited to, any negligent act or omission to act on the part of Consultant or his agents or employees or independent contractors directly responsible to him, except that the above shall not apply to the negligence or willful misconduct of City or City's agents, servants, or independent contractors who are directly responsible to City. This indemnification provision shall apply if tker- : t W if there is ac+ve-e*passive 535 negligence by either or both parties. �5 Article 13 - Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the services of this Agreement, professional liability (errors and omissions) insurance, in a company authorized to issue such insurance in the State of California, with limits of liability of not less than $1,000,000 to cover all professional services rendered pursuant to this Agreement. Such insurance shall be kept in force for one (1) year beyond the date of Notice of Completion of the project as accepted by the City Council. B. Automobile and Public Liability Insurance. Consultant shall also maintain in full force and effect for the duration of this Agreement, automobile insurance and public liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Agreement. The amounts of insurance shall be not less than the following: 1 . Single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage or a combination thereof in an amount not less than $500,000. The following endorsements must be attached to the policy or policies: 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence". 2. The policy must cover personal injury as well as bodily injury. 3. Broad form property damage liability must be afforded. 4. The City of Atascadero, its officers, employees, and agents, shall be named as insured under the policy, and the policy shall stipulate that the insurance will operate as primary insurance and that no other insurance effected by City will be called upon to contribute to a loss hereunder. 5. The policy shall contain contractual liability, either on a blanket basis or by identifying this Agreement within a contractual liability endorsement. 6. The policy shall contain "cross-liability" such that each insured is covered as if separate policies had been issued to each insured. 7. City shall be given thirty (30) days notice prior to cancellation or reduction in coverage of the insurance. C. Workers Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for workers compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any services under this Agreement. D. Certificates of Insurance. Consultant shall submit to the City Manager all certificates of insurance evidencing that Consultant has the insurance required by this Agreement within ten (10) days after receipt of Notice of Award. Said certificates shall state the project number and that the policy shall not be assigned or canceled without thirty (30) days written notice to City. Such insurance shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from any service or operation performed pursuant to this Agreement. Consultant shall not perform any services under this Agreement until the required insurance certificates have been submitted to City and approved by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right, at its discretion, to forthwith terminate this Agreement. Article 14 - Status Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor, and in no event shall any of his personnel or subcontractors be construed to be employees of City. Article 15 - Non-Discrimination Consultant shall comply with the provisions of Presidential Executive Order No. 11246 of September 24, 1965, and all other orders, regulations, and laws governing non- discrimination in employment, including in particular, Section 122(a) of the State and Local Fiscal Assistance Act of 1972. N"Or Article 16 - Modification of Agreement This Agreement is modified to include the Additional Provisions shown in Exhibit D, where such provisions supplement but do not diminish any of the provisionsprovisions of the unmodified agreement. This Agreement may be further modified only by a written amendment signed by both parties hereto. Article 17 - Law Governing This Agreement shall be governed by the laws of the State of California. Article 18 - Communications Communications between the parties to this Agreement may be sent to the following addresses: City: City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 Attn: Steven J Sylvester, City Engineer Consultant: Boyle Engineering Corporation Suite 201 5851 Thille Street Ventura, CA 93003 ACCEPTED AND AGREED this the day of , 19 to / CITY: o CITY OF ATASCADERO, a municipal corporation AT T: . _ By r nt ' ee Price, City Clerk Geor e P. Fj and, Mayor APPROVED AS TO FORM: CONSULTANT: By By rther Mon andon, City Attorney APPROVED AS TO CONTENT: r teven J.3 Iv r, City Engineer somof Exhibit A Scope of Design Services for the City of Atascadero Curbaril Avenue Sewer Main Repair Project Pump Station No. 5 Force Main Repair Project I. Project Kick-off A. Conduct kick-off meeting with City Staff B. Site visit C. Accumulate and review available information 1. previous technical studies 2 as-built drawings 3. sewer flow data 4. research existing utilities 3. other II. Survey and Base Maps A. The City will provide sufficient topographic survey information to develop a profile along the alignment of the sewer mains at both project locations. III. Project Concepts A. Preliminary sizing & alignment B. Prepare conceptual drawings for City review and comment C. Prepare estimate of probable costs IV. Permits A. Initial contacts with the agencies which may have permitting jurisdiction. B. Prepare permit application packages for submittal by City. The City will pay all permit fees. 1. California Regional Water Quality Control Board Section 401 Water Quality Certification 2. U.S. Army Corps of Engineers Section 404 Nationwide Permit 3. California Department of Fish & Game Streambed Alteration Agreement C. Respond to requests for additional information from various permitting agencies D. Negotiate permit conditions V. Plan Preparation A. Prepare bid ready construction plans in conformance with City Standards and in a form acceptable to the City Engineer and the various permitting agencies. The plans shall be submitted for City review at the 75% complete stage and the 95% complete stage. B. Minimum plan set 1. Cover sheet (assuming both project are bid together) 2. Plan & profile sheets (a minimum of one sheet per project) 3. Detai I sheet(s) 4. Standard details C. Engineer's opinion of probable cost to be submitted with the 95% complete stage plans VI. Contract Documents and Specifications A. Provide technical specifications and special provisions to coincide with the City's general provisions. Specifications shall address the removal and disposal of all temporary repair work. B. City to provide standard format contract documents (Word Perfect 6.0/6.1 electronic format plus hard copy) VII. Review Meetings A. Concurrent with the 75% and 95% submittal, a meeting shall held to discuss project status and plan details. VIII. Deliverables A. Letter report documenting various replacement concepts accompanied by feasibility level cost estimates B. Three blue line sets of the 75% design drawings, 24"x36" sheet size C. Three sets draft technical specifications (CSI format) and special provisions D. Three blue line sets of the 95% design drawings, 24"x36" sheet size E. Three blue line sets plus one reproducible set of final design drawings, 24"x36" sheet size. Contract documents, final technical specifications and special provisions in hard copy plus Word Perfect 6.0/6.1 format on IBM 3.5" diskettes. tirrr+ Exhibit B Page 1 of 2 Boyle Engineering Corporation (VT) FEE SCHEDULE FOR PROFESSIONAL SERVICES Effective January 1, 1996 Engineers, Planners,Architects, Scientists: Corporate Officers $140.00 per hour Principal $130.00 per hour Senior II $108.00 per hour Senior I $ 95.00 per hour Associate $ 81.00 per hour Assistant II $ 69.00 per hour Assistant I $ 58.00 per hour Technical Support Staff: Designer Supervisor $ 85.00 per hour Senior Technician/Senior Designer $ 69.00 per hour Engineering Technician/Designer $ 64.00 per hour Senior Drafter $ 53.00 per hour Drafter $ 45.00 per hour Clerical/Technical Typist $ 45.00 per hour Direct Project Expenses: Communication(Mail and Telephone) Cost+ 15% Fax $ 1.00 per page Photocopies $ 0.15 per page Subcontracted Services/Reproduction Cost+ 15% Subconsultant Services Cost+ 15% Auto Mileage $ 0.50 per mile Travel & Subsistence(other than mileage) Cost+ 15% Miscellaneous Materials Cost+ 15% Computer Services and Computer Aided Design See Rate Schedule Page 2 If authorized by the client, an overtime premium multiplier of 1.5 will be applied to the billing rate of hourly personnel who work overtime in order to meet a deadline which cannot be met during normal hours. Applicable sales taxes, if any, will be added to these rates. Invoices will be rendered monthly. Payment is due upon presentation. A late payment finance charge of 1.5% per month(but not exceeding the maximum rate allowable by law)will be applied to any unpaid balance commencing 30 days after the date of the original invoice. ASOWLE Exhibit B Page 2of2 Boyle Engineering Corporation RATE SCHEDULE FOR COMPUTER SERVICES Effective April 22, 1995 Hewlett Packard 1-IP 3000/92-5 Super Minicomputer System Terminal, Printer or Plotter $ 33.00 per hour Resource Charge - SURGE Analysis $ 6.00 per min. Electrostatic Plotter - HP 7600 $ 37.50 per hour (Includes computer time to drive the plotter) Microcomputers (Personal Computers) Microcomputer System with Laser Printer $ 12 25 per hour Resource Charges for Microcomputers Resource charges are in addition to the above rates and cover the use of special purpose software and extra equipment such as pen plotters. high resolution monitors, and digitizers which are used with CADD soft,,vare. AutoCAD Computer Aided Design S 1 00 per hour STAAD III - Structural Design S 15 90 per hour MicroStation (Intergraph) CADD S 15 00 per hour AES HYDRO - Hydrologic . nal\sis S 52.50 per hour SCADA - Structural Analvsis S 12.00 per hour BovIeNet - Water Distnb Analysis S 5.00 per hour DAPPER - Electncal Design S 75.00 per hour EXKYPIPE - Water Distnb Analysis S 10.00 per hour CAPTOR- Overcurrent Analysis S 108.00 per hour BovIeCOGO - Coordinate Geometry_ S 4.00 per hour Trane TRACE - HVAC Design S 58.50 per hour BDTM - Digital Terrain Model S 5 00 per hour Carrier HVAC System Design S -ih 50 per hour BOYLEPLAN - Proiect %Ianagement S 10 00 per hour ron PRIMAVERA - Project Management S 58.50 per hour SWAN - Sanitary Sewer Analvsrs S 10.00 per hour BFMS - Facilities Management S 18 75 per hour CONTOURS - Contour Plotting S 10.00 per hour GWFVI - Groundwater Modeling S 15 00 per hour LARSA - Structural Analysis S 7.50 per hour TERRAMODEL S 13.50 per hour HASS - Sprinkler Analvsis S 162.00 per hour GEOPAK - Highway Design S 15.00 per hour ICPR - Drainage Design S 60.00 per hour BREEZE - Air Pollution Modeling S 550.0057.50 per hour ANASA - Structural Radio F q. Analysis S 1 10.00 per hour Other Notes Charges for outside computer services will be billed at invoice cost plus twenty-five percent. This rate schedule is subject to revision annually. New equipment categories and resource charges may be added at anv time. B041LE r . ,t CITY OF ATASCAD► RO • ■ ■ ■ DEPARTMENT OF PUBLIC WORKS i i - ■ 57-9 6500 PALMA AVENUE,ATASCADERO,CA 93422 Telephone:(805)461-5020 * Fax:(805)461 7615 June 13, 1996 Mr. Richard Bardin Boyle Engineering Corporation 5851 Thille Street, Suite 201 Ventura, CA 93003 Subject: Pump Station No. 5 force main repair Curbaril Avenue crossing of Atascadero Creek gravity main repair Dear Mr. Bardin: This letter shall confirm our telephone discussion of May 30, 1996 regarding the initial services required to begin the preparation of plans and specifications for the subject projects. The initial work for the project shall proceed under the existing declaration of emergency issued for the projects by the City Manager acting as the Public Works Director. An amount not to exceed $5,000.00, including expenses, is authorized for the initial activities which include, but are not limited to, the following: 1 . Attendance of a kick-off meeting to discuss project approach and design parameters. 2. Development of conceptual designs for both projects, including sketches. 3. Review of the conceptual designs with City staff including revisions to the conceptual designs prompted by the City. 4. Initial contact with the various agencies having jurisdictional authority over the proposed work. 5. Preparation of the necessary permit application packages. 6. Progress reviews and scheduling of future activities with the City. Exhibit D - Page 1 of 2 Pages t The not to exceed amount shall include services provided by subconsultants used on the initial phases of the project. The City shall provide the topographic survey information needed to develop a profile along the alignment of the sewer mains at both locations. If your understanding of the scope of initial services, or compensation therefore, is different than the above, please contact us at your earliest convenience in order that we may arrive at a mutually acceptable means of initiating the work. Respectfully your John B. Neil Assistant City Engineer cc: Mark Markwort, Chief of Wastewater Operations Exhibit D - Page 2 of 2 Pages Exhibit D Additional Provisions 1 through 5 to the Agreement for the City of Atascadero Curbaril Avenue Sewer Main Repair Project Pump Station No. 5 Force Main Repair Project Additional Provision 1 - Contractor Indemnification City agrees to include in the Contract Agreement a paragraph whereby the Contractor acknowledges responsibility for the jobsite safety and acknowledges that the Engineer will not have such responsibility. If the City/Engineer is sued by one of the Contractor's or Subcontractor's employees, or anyone else, the Contractor will indemnify, defend and hold the City and Boyle Engineering harmless of any and all such claims. The parties agree that City and Boyle shall be indemnified to the fullest extent permitted by law for all claims, damages, losses and expenses including attorney's fees, arising out of or resulting from, Contractor's performance of work including injury to any worker on the jobsite, except for the sole negligence of City or Consultants. Both City and Boyle shall be named as additional insured(s) by Contractor's General Liability and Builders All Risk insurance policies without offset, and all construction documents and insurance certificates shall include working acceptable to the parties herein with reference to such provisions. Additional Provision 2 - Cost Estimate Boyle has no control over the cost of labor, materials, equipment or services furnished by others or over Contractor's methods of determining prices, or other competitive bidding or market conditions, practices or omissions on the site. Any cost estimates provided ;by the Consultant will be made on the basis of his experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual project construction costs will not vary from cost estimates prepared by the Consultant. Additional Provision 3 -Accuracy of Data Consistent with the standard of care, Consultant shall be entitled to rely upon the accuracy of data and information provided by City without independent review or evaluation. Additional Provision 4 - Contractor's Work Boyle shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incidental to the work of contractors except as covered in the Specifications. Additional Provision 5 - )obsite Safety The City agrees that the contractor has the responsibility for jobsite safety and that neither the City nor Boyle Engineering Corporation will have such responsibility. The City will Additional Provisions Page 1 of 2 Pages insure that language is in place in the agreements and/or construction documents between the City and the Contractor stating that the constractor is responsible for jobsite safety. Further, if legal actions are brought by the Contractor or a subcontractor, including employees, or anyone else, the Contractor will indemnify, defend, and hold the City and Boyle Engineering harmless of any and all such claims. End of Additional Provisions Additional Provisions Page 2 of 2 Pages