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HomeMy WebLinkAboutSuite 16 Electrical Engineering 2008-07-12G ®'Z120 Project No.: 20085TS.019 I te"-- May 6, 2008 s u ELECTRICAL In ENGINEERING JJU8] ENGINEERING SERVICES AGREEMENT CLIENT: CITY OF UKIAH PROJECT: CITY OF UKIAH ANTON STADIUM 411 West Clay Street Electrical Distribution System Evaluation Ukiah, CA 95482 suite16 ELECTRICAL ENGINEERING (hereinafter known as `SUITEI6') is a California corporation offering professional engineering services under California License Number E15547. This Engineering Services Agreement (hereinafter known as "Agreement's between CLIENT and SUITEI6, authorizes SUITEI6 to perform the following described engineering work to be executed in accordance with the terms hereinafter set forth: PROJECT DESCRIPTION Evaluation of existing electrical distribution system at the City baseball stadium in preparation for a new lighting system. SCOPE OF ENGINEERING 1. Evaluation Report A. Evaluation report including recommendations for replacement or upgrade of equipment, devices and/or wiring as applicable. BASIC SERVICES 1. Electrical Study (.500) A. Site visit with the CLIENT to review existing conditions related to the project, and review of available record drawings. B. Provide evaluation report to CLIENT. EXCLUDED ITEMS 1. Design and engineering for upgrades or replacement. ASSUMPTIONS 1. This Agreement is based on design concepts as discussed with CLIENT. Revisions to the project concept, location or specific design features implemented by the CLIENT, may require an adjustment in the estimated fees. 2. Evaluation report will be provided in electronic PDF format to the CLIENT. FEES 1. Basis of Fee: Charges by SUITEI6 to the CLIENT for the services described herein shall be on a fixed fee or time and expense (T&E) basis, as noted below. 2. Reimbursable Expenses Reimbursable expenses include costs for printing, postage, telephone, and mileage as set forth in the attached "SCHEDULE OF HOURLY RATES AND COSTS." H:\Projects\2008Uob Development\T3S\2008575.019 Ukiah Anton Stadium Ltg\agreements - power eva1uatlon\ESA050508GM.doc TS(jbh Basic Service Tasks(Billing Code # Fee Basis Fee Amount Electrical Stud .500 T&E (Budget) $ 1,000 TOTAL $ 1,000 Reimbursable Expenses .990 T&E (Budget) $ 150 2. Reimbursable Expenses Reimbursable expenses include costs for printing, postage, telephone, and mileage as set forth in the attached "SCHEDULE OF HOURLY RATES AND COSTS." H:\Projects\2008Uob Development\T3S\2008575.019 Ukiah Anton Stadium Ltg\agreements - power eva1uatlon\ESA050508GM.doc TS(jbh Project No.: 20085ts.019 May 6, 2008 suite16 ELECTRICAL ENGINEERING Page 2 3. Additional Services The CLIENT shall pay charges by SUITEI6 for Additional Services based upon the hourly rates and costs set forth in the attached SCHEDULE OF HOURLY RATES AND COSTS or by Supplemental Fee Agreements. Additional services shall be authorized by the CLIENT before proceeding. TIMING 1. Proposed Schedule A. SUITEI6 will make efforts to complete services in accordance with a schedule to be developed in conjunction with the CLIENT. B. Completion in accordance with the above schedule may be affected by the timing of CLIENT decisions and the activities of outside consultants and government agencies. SUITEI6 assumes no responsibility for delays beyond the reasonable control of SUITEI6. 2. Required Information/Actions By Others Project information and electrical load requirements (i.e., voltage, amps, horsepower, wattages, etc.) will be provided to SUITEI6 in a timely manner, in accordance with the established project milestones and schedule. TERMS AND CONDITIONS 1. Agreement Validity: This agreement is valid only if signed and returned by CLIENT within 30 days of issuance unless formally extended by both parties 2. Payment Terms: A. In consideration of the services performed, the undersigned CLIENT agrees to pay SUITEI6 the monthly invoice amount for said work based on the SCHEDULE OF HOURLY RATES AND COSTS (time and expense work) or based on percentage complete (fixed fee work), on or before twenty (20) calendar days from the date of said invoice. Should the invoice be unpaid within a thirty (30) day period, a late charge at 11/2% per month will be added to the principal sum, retroactive to the date of the invoice. Should the invoice be unpaid within a sixty (60) day period, SUITEI6 reserves the right to suspend work on the project. CLIENT agrees to release SUITEI6 from any and all consequences of any delay caused by this contractual suspension of work. B. CLIENT agrees that all billings from SUITEI6 to CLIENT are correct and binding upon CLIENT unless CLIENT within twenty (20) days from the receipt of such billing notifies SUITEI6 in writing of any alleged inaccuracies, discrepancies or errors in billing. C. SUITEI6 reserves the right to suspend work in the event payment of invoices is not maintained on a current basis. CLIENT agrees to release SUITEI6 from any and all consequences of any delay caused by this contractual suspension of the work. 3. Schedule of Hourly Rates and Costs: The SCHEDULE OF HOURLY RATES AND COSTS is effective May 1, 2007. The SCHEDULE OF HOURLY RATES AND COSTS may be revised periodically, and CLIENT will be informed of a change in hourly rates. Changes to the SCHEDULE OF HOURLY RATES AND COSTS will not affect any previously authorized fixed fee tasks. 4. Governmental Approvals/ Regulations: If SUITEI6 provides assistance in applying for governmental permits and approvals, such assistance shall not constitute a representation or guarantee that such permits or approvals will be acted upon favorably by any governmental agency. Changes in governmental requirements or codes resulting in additional efforts after the date of this Agreement shall be paid for as Additional Services. H:\Projects\2008Vob Development\TJS\2008STS.019 Ukiah Anton Stadium Ltg\agreements - power evaluation\ESA050508GM.doc TS/jbh Project No.: 20085ts.019 May 6, 2008 suite16 ELECTRICAL ENGINEERING Page 3 5. Schedule Revisions/ Project Restart Fee: CLIENT -initiated revisions in the above schedule (accelerations or extensions) may require an adjustment in the proposed fee: Should the project progress be halted by the CLIENT for 30 days or more, a payment restart fee of $2,500.00 or 10% of fee earned to date may be assessed. 6. Stamp only After Payment: SUITEI6 will not stamp drawings provided for any phase of this project under the terms of this Agreement unless invoices are current. 7. Cancellation: This Agreement is subject to cancellation by either party upon written notice sent by registered mail to the other party, provided, however, that the undersigned CLIENT shall forthwith pay all charges for work already performed to the date of receipt by SUITEI6 of said written notice. 8. Professional Standards: SUITEI6 will perform the authorized services in accordance with the terms of this Agreement and with the degree of professional skill and judgment normally exercised at the present time by other recognized professional firms in the local community with respect to services of a similar nature. SUITEI6 makes no other warranty, either express or implied. 9. Estimate of Probable Construction Costs: Estimates of probable cost, if provided, will be supplied as a guide only, and do not constitute a representation or guarantee of the accuracy of said estimates as compared to bid or actual costs. SUITEI6 is not responsible for fluctuations in the quantities due to construction methods or on-site conditions, or fluctuations in costs due to labor and material prices. 10. Ownership and Use of Documents: All drawings, and other documentation for this project by SUITEI6 are instruments of service for this project only, whether the project is implemented or not, and, as such, shall remain the property of SUITEI6. CLIENT shall be permitted to retain reproducible copies of such documents for information and reference in connection with construction of this project. In the event CLIENT uses such documents for any additional uses without retaining SUITEI6 for such work, CLIENT agrees to defend, indemnify and save harmless SUITEI6, its officers, agents, and employees from and against any and all claims arising out of such additional use. 11. Limitation of Liability: In recognition of the relative risks and benefits of the project to both the CLIENT and SUITEI6, the risks have been allocated such that CLIENT agrees, to the fullest extent permitted by law, to limit the liability of SUITEI6 and its subconsultants to the CLIENT and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of SUITEI6 and its subconsultants to all those named shall not exceed $50,000, or SUITEI6's total fee for services rendered on this project, whichever is greater and CLIENT agrees to indemnify and hold harmless SUITEI6 from and against all liability in excess of the monetary limit established above. It is intended that this limitation apply to any and all liability or cause of action, however, alleged or arising, unless otherwise prohibited by law. 12. Hazardous Materials: SUITEI6 shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Accordingly, CLIENT hereby agrees to bring no hazardous materials related claim for negligence, breach of contract, indemnity or otherwise against SUITEI6, its principals, employees, agents, and consultants if such claim in any way would involve the services provided by SUITEI6 pursuant to this Agreement. CLIENT further agrees to defend, indemnify, and hold SUITEI6, its principals, employees, agents, and consultants harmless from any such asbestos and/or other hazardous materials related claims which may be brought by third parties as a result of the services provided by SUITEI6 pursuant to this Agreement, excepting only such claims as may be caused by the sole negligence or willful misconduct of SUITEI6. H:\Projects\2008Vob Development\T]S\20085TS.019 Ukiah Anton Stadium Ltg\agreements - power evaluation\ESA050508GM.doc TS/jbh Project No.: 20085ts.019 May 6, 2008 suite16 ELECTRICAL ENGINEERING Page 4 13. Americans with Disabilities Act (ADA): With specific respect to design requirements of the Americans with Disabilities Act of 1990 or certified state and local accessibility regulations (ADA), CLIENT agrees to waive any action against SUITEI6, and to indemnify and defend SUITEI6 against any claim arising from SUITEI6's alleged failure to meet ADA design requirements prescribed. CLIENT understands that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel for purposes of interposition is advisable. 14. Assignment: This Agreement shall not be assigned by either CLIENT or SUITEI6 without the prior written consent of the other. 15. Existing Conditions: Inasmuch as the remodeling and/or rehabilitation of an existing facility requires that certain assumptions be made regarding existing conditions that may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the facility, CLIENT agrees that: A. The costs of testing to determine conditions that are covered from observation are not included in this work. B. Except for the sole negligence on the part of SUITEI6, CLIENT will hold harmless and indemnify SUITEI6 from and against any and all claims, liability or costs (including the cost of defense) involving existing conditions, which may arise out of the professional services under this Agreement. Authorization: The undersigned CLIENT has reviewed the entire Agreement as to the scope of work and fee, and hereby authorizes the Engineering Work described to be performed in accordance with the above terms. This constitutes the entire Agreement between the parties. Any modification of this Agreement shall be in writing and signed by the parties named below. CLIENT: By: g)qv e�W'A�— CITY F UKIAH 411 est Clay Street Ukiah, CA 95482 Date: -1 ~62J SUITEI6: By: su' a LECTRICAL�gineering, GINEERING (a visio Inc.) 463 Aviation Blvd., #200 Santa Rosa, CA 95403 Date: May 6, 2008 H:\Projects\2008Vob Development\TJS\20085TS.019 Ukiah Anton Stadium Ltg\agreements - power eva1ua1Jon\ESA050508GM.doc TS/jbh SCHEDULE OF HOURLY RATES AND COSTS Effective May 1, 2007 ELECTRICAL ENGINEERING PRESIDENT......................................................................................... $175.00/hour PRINCIPAL..........................................................................................$160.00/hour SENIOR ASSOCIATE.............................................................................$150.00/hour ASSOCIATE....................................................................................... $140.00/hour TECHNICAL/QUALITY ADVISOR....................................................................$150.00/hour PROJECT MANAGER..............................................................$115.00 - $140.00/hour PROJECT ENGINEER.............................................................$105.00 - $135.00/hour STAFF ENGINEER.................................................................. $95.00 - $125.00/hour SENIOR CAD TECHNICIAN .....................................................$110.00 - $130.00/hour CAD TECHNICIAN........................................................................... $85.00 -$155.00/hour PROJECT ADMINISTRATOR................................................................... $75.00/hour CLERICAL............................................................................................. $50.00/hour OUTSIDE CONSULTANTS.................................................................... Cost plus 10% MILEAGE................................................................................................. $0.50/mile MISCELLANEOUS COSTS.................................................................... Cost plus 15% Reproductions Travel Expenses Long Distance Telephone Equipment Rental Postage Public Documents and Records Permit Application Fees LITIGATION ASSISTANCE Engineering services related to litigation or legal proceedings (hearings, depositions, court appearances) including preparation..........................................1.5 times standard rate 707 522 8175 (V) 463 AVIATION BLVD. #200 a division of summit engineering inc. 707 527 0212 (F) SANTA ROSA, CA 95403