Loading...
HomeMy WebLinkAboutBoyle Engineering Consultant Services Agmt. CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made this 15thday of July, 19 91, by and between the CITY OF ATASCADERO, hereinafter referred to as "City" , and Boyle Engineering Corporation, hereinafter referred to as "Consultant" . Witnesseth For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Article 1 Authorization A. Consultant will perform this Agreement in conjunction with the Purchase Order issued by the Department of Public Works. B. The following exhibits are attached hereto and incorporated herein by reference as though here fully set forth. Exhibit "A" Analysis of Sever Lift Station Number 4 - Scope of Services Exhibit "B" Schedule and Compensation Exhibit "C" Fee Schedule Article 2 Responsibilities of Consultant A. Scope. Consultant will provide the services as de- scribed under Exhibit "A" for the City of Atascadero. B. Coordination. 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 Director of Public Works. C. Consultant's Services. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and furnish the work tasks as specified in Exhibit "A" commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. i ` Article 3 Responsibilities of City City shall cooperate with Consultant on all phases of the work 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. City shall also be responsible for providing such staff production assistance as is determined to be necessary by the Director of Public Works. Consultant shall be entitled to rely ont he accuracy of the data and information provided by the City or others without independent evaluation. Article 4 Fee and Provision for Payment City will pay Consultant a fee according to Exhibit "B", for work contracted in this agreement and billed for based on the payment schedule in Exhibit "C" . 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 "C". Fees shown in Exhibit C will be fixed for 12 months after the date of this Agreement, at which time the Engineer's current published fee schedule shall prevail. Article 5 Payment for Extra Work or Changes Any claim for payment for extra work or changes in the work will be paid by City only upon certification by the City Manager that the claimed extra work or changes was authorized in advance by the Project Coordinator and the City Manager, and that the work has been satisfactorily completed. Claims for such extra work must be submitted by Consultant within thirty (30) days of completion of such work and must be accompanied by a statement of itemized costs covering said work. Article 6 Suspension or Termination of Agreement A. Suspension of Agreement. 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. Termination for Convenience. 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 work accomplished by Consultant prior to notice of such termination, City shall determine the amount of fee to be paid to Consultant for his services based upon the provision in Exhibit "C", and such findings of City shall be final and conclusive as to the amount of such fee. 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 his work under this Agreement and to complete the work as described in Exhibit "A" . 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 Consultant. Ownership of original drawings and documents shall be vested in Consultant. Consultant shall provide reproducible copies of all work to City upon request of City. Consultant agrees to maintain all records for a period of no less than five years. 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 The work to be done pursuant to this Agreement shall be done by Boyle Engineering, and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of 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 City agrees to defend, indemnify and hold harmless ENGINEER from any and all claims, disputes, controversies or lawsuits arising from or relating to work or services performed by ENGINEER pursuant to the terms of this Agreement, except that the above shall not apply to liability arising out of this Agreement occasioned solely by the negligent performance of services hereunder on the part of ENGINEER or his agents or employees or independent consultants directly responsible to ENGINEER. ENGINEER agrees to indemnify and hold harmless CITY, its officers and employees, from any and against any and all liability claims, suits, loss, damages, costs and expenses arising solely out of or resulting from any negligent act, errors or omissions by ENGINEER, his officers, employees, or agents in the performance of their service under this agreement. Article 13 Insurance A. Errors and Omissions Insurance. Consultant shall obtain and maintain, at his own expense, prior to commencement of the work 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 $500,000 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 a 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: 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" . for general liability only. (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, and employees, shall be named as additional insureds 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 work under 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 . Article 16 Modification of Agreement This Agreement may be 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 address: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Greg Luke Consultant:Boyle Engineering Corporation P.O. Box 12757 San Luis Obispo, CA 93406 ACCEPTED AND AGREED this 15thday of July, 1991 . CITY: CONSULTANT: APPROVED AS TO CONTENT: By Qnn� Greg ke, Dir. of Public Works Donald F. Mills Vice President APPROVED AS TO FORM: By t Art er Mo t ndon, City Attorne AT:Lee EST. By Y Raboin, C'ty Clerk EXHIBIT A Analysis of Sewer Lift Station #4 SCOPE OF SERVICES 1. Review record drawings plus flow and/or run-time records for the existing lift station to determine the basic station layout and to assess historic flow patterns. 2 . Discuss operational problems with City staff which prompted the need for the lift station rehabilitation. 3 . Conduct one site visit to assess conformance with record drawing information, and construction equipment access. Develop a plan for taking the station out of service during construction. 4. Make a recommendation as to the new pumps needed, the suitability of existing level sensors, power availability, the need for telemetry (if applicable) , and the recommended pump capacity. Also comment on other mechanical, electrical, control and operational equipment that may approve operational efficiency of the station. 5. Submit a letter report to the City summarizing our findings and comment on the quotation sheet prepared for soliciting Contractor quotations. EXHIBIT "B" Compensation Consultant will perform the engineering services specified in Exhibit "A" for a lump sum cost of $1, 100. Any additional work must be pre-authorized in writing by the Director of Public Works and will be billed according to the Fee Schedule in Exhibit "C" . EXHMIT C Page 1 of 2 FEE SCHEDULE FOR PROFESSIONAL SERVICES Boyle Engineering Corporation (SL) Effective July 1, 1990 Engineers, Planners,Architects, Scientists: Principal $ 95.00 per hour Senior II $ 85.00 per hour Senior 1 $ 80.00 per hour Associate $ 70.00 per hour Assistant II $ 55.00 per hour Assistant 1 $ 45.00 per hour Technical Support Staff: Designer Supervisor $ 65.00 per hour Senior Technician/Senior Designer $ 50.00 per hour Engineering Technician/Designer $ 45.00 per hour Senior Drafter $ 42.00 per hour Drafter $ 39.00 per hour Clerical/Technical Typist $ 35.00 per hour Direct Project Expenses: Reproduction Actual cost + 15% Communication (Mail and Telephone) Actual cost + 15% Travel-Automobile-Out of City $0.30 per mile Travel -Other than Automobile Actual cost + 15% Subcontracted Services Actual cost + 15% Computer Services and Computer Aided Design See Separate Schedule (See Page 2) If authorized by the client, an overtime premium 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. Corporate officers and consulting engineers will be billed at 1.2 times the stated rate for Principal. Invoices will be rendered monthly. Payment is due upon presentation. A late payment finance charge of 1.5% per month (but not exceeding the maximun rate allowable by law) will be applied to any unpaid balance commencing 30 days after the date of the original invoice. . EX.IIIBI'T C J Page 2 0t 2 Boyle Engineering Corporation STANDARD RATE SCHEDULE COMPUTER SERVICES Effective May 8, 1991 Intergraph VAX 751 Minicomputer and CADD System Graphic Workstation (Dual Screen w/Large Digitizer Table) $19.00 per hour Pen Plotter(HP 7585 B) $19.00 per hour Terminal (CRT or Printer) $15.00 per hour (Above rates Include Intergraph Software) Hewlett Packard HP 3000/925 Super Minicomputer System Terminal, Printer or Plotter $20.00 per hour Resource Charge-SURGE Analysis $ 6.00 per min. Prime 4150 Super Minicomputer.and CADD System Graphics Workstation (includes Medusa Graphics Software) $25.00 per hour Terminal (CRT or Printer) $15.00 per hour Pen Plotter(HP 7585 B) $20.00 per hour Resource Charge-CEDS Civil Engr Design System Software $15.00 per hour Electrostatic Plotter- HP 7600 $150.00 per hour (Includes computer time to drive the plotter) Microcomputers (Personal Computers) Word Processing System with Laser Printer $12.00 per hour Engineering Computer System (AST 286, 386, 486) $17.00 per hour Sun High-Speed Engineering Graphics Computer pncludes Medusa software) $29.00 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 software. AutoCAD Computer Aided Design $ 5.00 per hour STAAD III -Structural Design $ 40.00 per hour MicroStation (Intergraph) CADD $ 5.00 per hour Rand MICAS -Structural Design $ 40.00 per hour Point Line Computer Aided Design $ 5.00 per hour AES HYDRO -Hydrologic Analysis $142.50 per hour DAPPER -Electrical Design $ 75.00 per hour BoyleNet-Water Distrib Analysis $ 5.00 per hour CAPTOR -Overcurrent Analysis $108.00 per hour EXKYPIPE-Water Distrib Analysis $ 10.00 per hour Trane TRACE-HVAC Design $ 58.50 per hour BoyieCOGO -Coordinate Geometry $ 5.00 per hour Carrier HVAC System Design $ 46.50 per hour BDTM -Digital Terrain Model $ 5.00 per hour ROUTE IV- Drainage Design $ 4.50 per hour SWAN -Sanitary Sewer Analysis $ 10.00 per hour GWFM -Groundwater Modeling $ 14.50 per hour CONTOURS -Contour Plotting $ 10.00 per hour LEGAL HOLIDAY-Legal Descrip. $ 15.00 per hour LARSA-Structural Analysis $ 58.50 per hour CEDS Civil Design System $ 15.00 per hour HASS:Sprinkler Analysis $142.50 per hour TERRAMODEL Civil Design $ 26.00 per hour ICPR*- Drainage Design $ 61.50 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 any time. 'New software added 5-8-91