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HomeMy WebLinkAboutItem 4.13 Electric/MechSvcsCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 21 , 2000 SUBJECT: Agreement for Electrical and Mechanical Consulting Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution 2) Proposed Agreement RECOMMENDATION: Adopt resolution approving agreement with Henry Meyer and ~ociates FINANCIAL STATEMENT: The consultant's hourly rate schedule is included with the agreement, which includes a not-to-exceed mount of $30,000 for the current fiscal year. The cost of services would be paid tiom funds already budgeted in various Capital Improvement Projects or Operating Budgets. Before beginning each individual project, the consultant will be required to provide a not-to exceed proposal for Staff' s approval. DESCRIPTION: There are several small Fiscal Year 2000-2001 Capital Improvement Projects which include minor electrical or mechanical work; for example, the Civic Center outdoor, electrical upgrade, the automatic door project, and the Shannon Center HVAC replacement ~ect. The City's existing staff does not have the expertise or licensing to prepare a drawing or work descrip~tion for bidding purposes, and it is therefore proposed to contract with an electrical and mechanical engineering firm. The agreement is proposed to run through the 2001-02 fiscal year, with an annual not-to-exceed amount of $30,000. The cost of work on individual Capital Improvement Projects would be paid from funds already budgeted for those projects. Staff has reviewed the proposals submitted by two firms and feels that Henry Meyer and Associates is best suited to provide the services needed. Staff recommends that the City Council adopt the resolution approving the agreement. ~:Xen~r contfih meyer\a~ strut a~rt COPIES TO: Henry Meyer & Associates ITEM NO. ,,~ · ~ ~ RESOLUTION NO. - O0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH HENRY MEYER & ASSOCIATES FOR CONSULTING SERVICES WHEREAS, the City of Dublin has several upcoming projects which require the services of an electrical/mechanical consultant; and WHEREAS, the qualifications of Henry Meyer and Associates are appropriate for the work proposed; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the agreement with Henry Meyer and Associates for electrical and mechanical engineering services. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 213 day of November, 2000. AYES: NOES: ABSENT: ABSTA1N: ATTEST: Mayor City Clerk g:\engfihenry meyerXreso agreement ci"TACHMENT STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of November 21, 2000, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Henry Meyer & Associates ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; 0r, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to heroin are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s)to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Consultant shall be Henry Meyer. Agreement Page 1 of 2 11/17/00 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. 10. NOTICES. Any written notice to Consultant shall be sent to: Henry Meyer and Associates 11852 Dublin Blvd. Dublin CA 94568-2830 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer 100 Civic Plaza Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Consultant" Approved as to form: City Attomey Agreement Page 2 of 2 11 / 17/0 0 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE PER RATE SCHEDULE DATED November 15, 2000 (ATTACHED). PER SCOPE OF SERVICES INCLUDED IN THE CITY'S REQUEST FOR PROPOSAL (ATTACHED) Exhibit A Page 1 of 1 11/17/00 EN Y'!'l~4 E~Ri~"~..:A~S.I~3~-IATES 11852 Dublin BNd. Dublin, GA 94568 PH (925) 828-2920 FAX (925) 828° 5034 City of Dublin 100 Civic Plaza Dublin, CA. 94568 Attention: Ginger Dear Ginger; NUV 15 ZOOO As per our phone conversation, please find included an hourly engineering rate schedule. This will breakdown our rates by discipline and should facilitate a clearer estimate of our engineering and support costs. Hourly Engineering Rates; Principle Engineer Senior Engineer Engineer Cad Engineer Cad Opreator Part Time Engineer $95.00 $75.00 $70.00 $65.00 $55.00 $50.00 We look forward to doing business with the City of Dublin. Sincerely I Henry ~~ Henry Meyer & Associates 11852 Dublin Blvd. Dublin, CA, 94568 (925)828-2920 Title-24 Calcs · Mechanical & Electrical CITY OF DUBLIN City Offices, 100 Civic Plaza, Dublin California 94568 Scope of Services Preparation of electrical drawings and specifications for new or modified installations in buildings. For example, the City is currently planning to retrofit a pair of existing doors with an automatic door opening device. The service required from the electrical consultant would be the specification for providing power to the door opening device, including conduit runs and conductor sizes, and modifications to existing electrical panels (e.g., breakers). Preparation 'of electrical drawings and specifications for new or modified installations for building grounds or parks. For example, the City has a current capital improvement project to upgrade site lighting and outside electrical outlets at the Civic Center. The service required from the electrical consultant would include drawings and specifications for conduit runs and conductor sizes and modifications to existing electrical panels. Preparation of mechanical drawings and specifications for new or modified HVAC systems. For example, the City has a current capital improvement project to replace the existing HVAC units at the Community Center. Preparation of drawings and specifications for roadway lighting. (TheCity has existing street lighting specificatio.ns and, details that would serve as the basis for any roadway lighting plans.) For example, the City has an upcoming capital improvement project to upgrade or install new roadway lighting at two freeway underpasses for the purpose of lighting artwork. · Consulting service for solution of any electrical or mechanical problems that cannot be resolved by normal maintenance procedures. The scope of work would NOT include traffic signal design. It is expected that the work would not involve any major improvement design; however, this agreement would not preclude the consultant from working with any architects that may be hired by the City for new building design or major remodeling projects. Administration (925) 833-6650 · City Council (925) 833"6605 · Finance (9'25) 833-6640 · Building inspection (925) 833-6620 Code Enforcement (925) &33-6610 o Engineering (925) 833-6630 · Parks & Community Services (925) 833-6645 Economic Development (925) 833-6850 - Police (925) 833-6870 o Public Works (925) 833-6630 · Community Development (925) 833t~10 EXHIBIT B PAYMENTSCHEDULE City shall pay Consultant an amount not to exceed the total sum of Thirty Thousand Dollars ($30,000) per year for services to be performed pursuant to this Agreement. Consultant shall submit invoices on a monthly basis for ongoing projects, or upon completion of short-term projects based on the cost for services performed in accordance with the Exhibit A rate schedule or the approved cost estimate for the individual project. City and Consultant shall agree upon each project fee on a time and materials basis prior to beginning work. The total sum stated above shall be the total which City shah pay for the services to be rendered by Consultant pursuant to this Agreement. City shah not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement City shah make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shaH, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs~ whatsoever under the terms of this Agreement until receipt of a fully executed Purchase from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 11/17/00 EXHIBIT C City shall furnish physical facilities such as table and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, Vehicles, and reproduction facilities. Exhibit C Page 1 of 1 11/17/00 EXHIBIT D GENERAL PROVISIONS , INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the tight to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that. Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 coveting Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of Califomia and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: Exhibit D Page 1 of 4 11/17/00 General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/lOcation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage for non-owned autos. Consultant does not now own or propose to own any vehicles. (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions exceeding $50.00 must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or · on behalf of the Consultant; products and completed operations of th,e- Consultant, premises owned, occupied or used by the Consultant, or automobiles leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Exhibit D Page 2 of 4 11/17/00 , (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (3) All Coverages. Each insurance policy required by this clause shall be. endorsed to state that coverage shall not be suspended, voided, cancelled by either party, or in limits. except after thirty (30) days prior written notice by certified mail, retum receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its' sole discretion, at any time during the term of this Exhibit D Page 3 of 4 11/17/00 10. 11. Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all resbonsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly arising from the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Califomia Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of 4 11/17/00