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HomeMy WebLinkAboutCC 11 BOYLE ENGRG 12-21-87WILLIAM HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION ,.~.~].BJECT: AGREEMENT WITH BOYLE ENGINEERING CORPORATION FOR CONSTRUCTION SERVICES - JAMBOREE ROAD B/T I-5 FREEWAY AND IRVINE BOULEVARD RECOMMENDATION That the City Council approve an agreement with Boyle Engineering Corporation for subject project and authorize Mayor and City Clerk to sign subject to approval of the City Attorney. BACKGROUND On November 16, 1987, City Council approved an agreement with Boyle Engineering Corporation for construction staking services for the Jamboree project. It is requested by staff that Boyle also be engaged to provide other construction-related services. The latter would include reviewing changes, reviewing shop drawings, etc. This agreement will rescind the November 16, 1987 agreement and incorporate all of the needed services into one document. The new agreement has been submitted to the City Attorney for his review and approval. Bob Led~ndecker Director of Public Works/City Engineer BL/REW/mv Attach. Ronald E. Wolfg~. Engineering Se~ices Manager PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered.into this day of , 1987 by and between CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City"); and BOYLE ENGINEERING CORPORATION, P.O. Box 3030, Newport Beach, California 92658-9020 (hereinafter called "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary professional services during construction of improvements on Jamboree Road between the I-5 Freeway and Irvine Boulevard, hereinafter referred to as "Project"; and WHEREAS, Consultant and City entered into an agreement November 16, 1987 for construction staking services for project; and WHEREAS,' Consultant and City desire to enter into a new agreement with an enlarged scope of Consultant's Services and to rescind the November 16, 1987 agreement; and WHEREAS, Consultant is qualified to provide the necessary services in connection with said Project and has agreed to provide the necessary construction services; and WHEREAS, Consultant has submitted to City a Fee Schedule dated April 1987, a c~py of which is 'attached hereto marked Exhibit "A", and is by this reference incorporated herein as though set forth in full herein ("the Schedule"). NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide for construction services for the Project, and City and Consultant for the -consideration hereinafter set forth agree as follows: Section 1: Scope of Consultant's Services. Consultant agrees to furnish to the City professional services for the Project. These services shall include construction staking services to be performed as directed by the City Engineer and shall also include consultation during construction of the Project. Said consultation shall include, but not be limited to, field and office review of changes, additions or deletions to the work,, review of shop drawings a'nd other services during construction of project as requested by the City Engineer. Section 2: Time. for Completion. It is hereby understood and mutually agreed that the time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this Agreement accordingly to reasonable schedules established by City for the various items of work described. Consultant - _ shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Any delays shall not entitle Consultant to any additional compensation. Section 3: Compensation. The compensation to be paid under this Agreement shall be on a time and material basis at the hourly rates as set forth in Exhibit "A". Monthly payments for work completed will be paid as the work progresses, within thirtY (30) days of the date of Consultant's invoice. Section 4: Miscellaneous Provisions. A. City and Consultant further agree to the following conditions' (1) City, by notifying Consultant in writing, shall have the right to terminate any or al'l of the services and work covered by this Agreement at any time. In the event of such termination, Consultant shall be paid for services rendered and costs incurred to the effective date of the termination. (2) Consultant agrees that it shall proceed immediately and diligently t~o perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. (3) The terms and provisions of this Agreement shall extend to and be binding upon .and inure to the. benefit of heirs, executors, administrators, successors and assigns of the respective parties thereto. (4) Consultant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Consultant and any of its agents, servants and employees be considered as an employee or agent of the City. -2- (5) Consult'ant shall perform all services required under this Agreement using that degree of care and skill ordinarily exercised under similar condition in similar localities, and shall be responsible for all errors and omissions committed by Consultant in performing its services under the terms of this Agreement. Consultant agrees to indemnify, defend and hold City, its emloyees, .. successors and assigns, harmless from any loss, damage, injury, sickness, death, or other claim made by other persons and from all costs, expenses and charges arising from Consultant's negligent performance of this Agreement. Consultant shall maintain in full force and effect during the terms of this Agreement, its existing policies of insurance for which certificates of insurance have heretofore been delivered to City. (6) Consultant shall carry and pay for such workers' compensation · insurance as is necessary to fully protect Consultant and its employees 'under California Worker's compensation Insurance and safety laws, to relieve City from all responsibility under said laws in connection with the performance of this Agreement, and upon the execution of this Agreement, to file with City a certificate certifying to said protection. (7) Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this Agreement, or against any application for such employment, because of race, religion, color, sex, or national origin, including but not limited to, the following: a. Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (8) Consultant shall provide City monthly with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail, to fully apprise City l~hereof. -3- Section 4: Miscellaneous. (1) The City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that ._ . this requirement shall be made to apply continuously and not be limited to normal working hours. (2) The agreement entered into by City and Consultant on November 16, 1987 i$ hereby rescinded. (3) There are no understandings or agreements except as herein expressly stated. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney BOYLE ENGINEERING CORPORATION By Title' -4- BOYLE ENGINEERING CORP. ORAT[ON FEES FOR PROFESS!ONAL SERV!CES APR!L, 1987 CLASSIFICATION Engt neeri rig/Archi tecture Consul ti ng Engi near/Arch1 tact Pti nci pa l Engi near/Archi tact Senior Engineer/Architect ![ Sentor Engineer/Architect ! Associate Engineer/Arch1 tact Assistant [! Assistant ! ~ATE ii $114,00 an hour 83.00 an hour 69.00 an hour 58.00 an hour 48.00 an hour 41.00 an hour 37.00 an hour Designing/Drafting Designer/Supervisor Sentor Designer/Technician Designer/Technician Senior. Drafter Drafter. [nspector 59.00 an hour 53.00 an hour 42.00 an hour 34.00 an hour 2&.O0 an hour 40.00 an hour I~t sca 11 aneou s Clertcal Prtnttng and Blueprinting Travel - Autombtle Travel - Other Than Automobile Materials Testtng and !n-Plant Znspectton Aertal Photogra.m.etry Servtce and Surveys Sotls !nvesttgatton and Fteld Tests Computer Servtces Surveying Z-m~n crew. with eqd.ipment 3-man crew w/equipment Licensed Land Surveyor Survey Technician $ 28.00 an hour Actual Cost + 10% $0.21 per mt. la Actual Cost Actual Cost + 10% Actual Cost + 10% Actual Cost + [0% See Schedule on Reverse $138.00 an hour $172.00 an hour $ 72.00 an hour $ 55.00 an hour It is underlt~ed and agreed that the aforementioned rates and charges include all normal equtgmmat and materials used in connection with the production of the required e . ertng services. Boyle Engineering Corporation will furnish monthly billings fo~ ell services rendered and supplies furnished in accordance with the above compensettoa provisions. Payments shall be due and payable to Boyle Engineering Corporation upon presentation. A late payment finance charge will be computed at the periodic rate of 1.5 percent per month and wtll be applied to any unpaid balance co.menc~ng thirty (30) days after the date of the origtnal invoice. Rates subject to general ~evtston 10/1/88 . /z../Z . _...j B'OYC"E"ENGINEERZNG"CORPGR;. JN STANDARD RATES FOR ¢OHPUTER SERVICES EFFECTIVE APRXL ~.5, ~.987 Int. ergraph C_.~..~uter-Atded Oestqn &nd I)r~fttn9 (CADO) System Our Intergraph CAI)O system uttltzes a Digttal Equtpnent Cor~oratt'on VAX computer with 4 ~g~bytes of ~in ~~, 9~9 ~abytes of disk ~~, floating point accelerator, cache ~~, ~gnittc tape, and m htgh-spe~ pen plotter. Graphics ~rkstaCtons havt du~l ~9-tnch htgh-~soluCton sc~ens, digitizer table, ~nd ~nu tabllC. Unto ch~es ~or eq~t~n~ ~ ~s Grlphtc Works~ton $~7.~ pit hour P~n Platter $~7.~ per hour Te~ n~l (C~T or Prt neet) $ 4. ~ per hour Centrll P~cisst ng Unit $ 3. ~ per mt nuce MtcTmc___M~_~uters and AutoCAD0 Systems Mtcrmcomputers include the IBM PC/XT, XBM PC/AT, and other similar equipment. Charges are based on an hourly rate for the computer and standard sof~&re plus a reSourcl chergt for special applications software, and special equipment such as plotters and htqh-resolutton monitors. Basic ~rk'Precesstng System and Standard Softwlrtl $12.00 per hour $16.50 per hour Basic Engineering Computer System and Standard Software Resource Charge: AuCoCADO Cc~uter Aided O~stg. i Drafting Htc~Statton IX ' ~P~ - EI~t~I ~stgn P~grm ~ - ~e~~n~ P~tK~ton Anilysis ?~H ~CE - HV~ Sys~ hstgn ~er .~ Systm hsign ~ IV - D~inl~ hstgn ~ - G~un~ter ~ling Systm S~md IZZ HP 3QQQ ComTwter System_ S 3.4S per' hour $ 3.4S per hour $24.90 per hour $.7.50 per hour $ 5.80 per hour $ 4.6S per hour $ 4.50 per hour $14.50 per hour $ 3.7S per hour The HeuletC.Pac~ard HI) 3000 computer has 2 megabytes of main memory, 480 megabytes of disk memory, a 600 card-per-minute reader, & 600 line-per-minute upper- lowercase printer, magnetic tape and four drum plotters. Sixty-four terminals are connected dtrectly or rtl telephone lines. Unit charges are as follows: $4.3S per Mnute of computer time $8.14 per hour of ter,rlnel connect time S0.12 per hundred 1 t nas pti need $2.442 per hundred records plotted 8runtniq'CAOO Systems : Our 6runtng CAOO systems utilize Hewlett Packard computers and plotters with high- resolution color dtsplay and spectal software for destgn of buildings. The system charge tncludes software, hardw4re, and plotting. 6runtng CAOO System $9.76 per hour Outside Co,~uter Services Charges for outside computer services will be billed at (nvotce cost plus twenty- five percent. // Rev ~-XS-87 ~,X'/-//~/ ~- /~