andrew r. shaw, pe

134 Pages·2009·16.85 MB·English

by  City User

CITY OF BOISE

TO: Mayor and Council

FROM: Finance and Administration and Public Works Departments

ORDINANCE or RESOLUTION NUMBER:

DATE: October 14, 2009

SUBJECT: Approval of Contract, RFP 09-245(C); Miscellaneous Wastewater
Treatment Facilities and System Planning Professional Engineering
Services, Public Works Department to Murray, Smith and Associates.
These contracts are on a task order basis.
________________________________________________________________________

ACTION REQUIRED: Contract approval by resolution.

RECOMMENDATION: Finance and Administration and Public Works recommends
that RFP 09-245 is awarded to the best qualified/highest ranked proposers with
significant local preference, Murray, Smith and Associates (C). Award of contract is
subject to compliance with insurance requirements.

FISCAL IMPACT/BUDGET IMPLICATIONS: Financial Services has confirmed
sufficient funding is available for this obligation. Services will be rendered on a task
order basis.

BACKGROUND: The Public Works Department solicited proposals to provide waste
water and system planning engineering services for a variety of projects throughout the
City. Services may include planning, pre-design, design, construction and start up of
wastewater treatment system facilities plus supporting technical and regulatory
assistance.

ATTACHMENTS: Resolution, Contract, Bid Proposal and Bid Specifications.
RESOLUTION NO.

BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY, AND TIBBS

A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF
THE CITY OF BOISE CITY, AN AGREEMENT FOR RFP 09-245(C); MISCELLANEOUS
WASTEWATER TREATMENT FACILITIES AND SYSTEM PLANNING PROFESSIONAL
ENGINEERING SERVICES; PUBLIC WORKS DEPARTMENT, BETWEEN THE CITY OF BOISE
CITY AND MURRY SMITH & ASSOCIATES, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Finance and Administration and Public Works Departments staff recommend award of RFP
09-245(C) Miscellaneous Wastewater Treatment Facilities and System Planning Professional Engineering
Services; Public Works Department, to the best qualified proposer, Murray Smith & Associates; and,
WHEREAS, during their meeting of , the City Council followed staff recommendation and
awarded Resolution No. , RFP 09-245(C); Miscellaneous Wastewater Treatment Facilities and System
Planning Professional Engineering Services; Public Works Department, to Murray Smith & Associates.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
BOISE, IDAHO:

Section 1. That the contract by and between the City of Boise City and Murray Smith & Associates, for RFP
09-245(C); Miscellaneous Wastewater Treatment Facilities and System Planning Professional Engineering
Services; Public Works Department, a copy of which Agreement, marked Exhibit A, is attached hereto and
incorporated herein by reference, be, and the same hereby is, approved both as to form and content.
Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to execute and attest said
contract on behalf of Boise City.
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval.

ADOPTED by the Council of the City of Boise, Idaho, this day of , 2009.

APPROVED by the Mayor of the City of Boise, Idaho, this day of , 2009.

APPROVED:

Mayor

ATTESTED:

City Clerk

R-325-09
Council: October 27, 2009
AGREEMENT FOR MISCELLANEOUS WASTE WATER TREATMENT FACILITIES
& SYSTEM PLANNING PROFESSIONAL ENGINEERING SERVICES RFP 09-245C

This Agreement, made this 27th day of October, 2009, by and between the City of Boise, Ada
County, Idaho, hereinafter referred to as the OWNER, and Murray, Smith & Associates, Inc.
hereinafter referred to as the CONSULTANT.

WHEREAS, the OWNER, desires to obtain professional engineering services for miscellaneous City
projects, herein referred to as the PROJECT; the CONSULTANT agrees to perform the various
professional services delineated in the Task Order(s) for said PROJECT. Each of the miscellaneous
City projects will be negotiated by individual Task Order. An example of the Task Order format is
shown in Attachment “B”.

The CONSULTANT acknowledges that they have reviewed the scope of work to be performed
under this Agreement and agrees to perform the work in accordance with the terms of payment in this
Agreement. The CONSULTANT agrees to complete the services delineated and within the specified
days, as specified in each Task Order.

It is understood and agreed that the CONSULTANT is skilled in the professions required to perform
the work under this Agreement and that the OWNER relies upon the skill of the CONSULTANT to
perform its work in a professional manner, and the CONSULTANT thus agrees to so perform its
work and the acceptance by the OWNER does not release the CONSULTANT from professional
responsibility.

It is mutually agreed by the parties that:

SECTION 1

DATA AND SERVICES TO BE PROVIDED BY OWNER

The following data and/or services are to be provided by the OWNER without cost to the
CONSULTANT.

A) Provide ongoing review of the CONSULTANT work and timely consideration of policy
issues at a time acceptable to both the OWNER and CONSULTANT.

B) Provide access to relevant record drawings, master plans, and other relevant design
information of record.

C) Provide word processing discs of standard contract documents and standard specification
special provisions on Microsoft Word processing software.

D) Unless otherwise specified in a specific task order, provide construction contract
administration and daily construction inspection.
SECTION 2

ADDITIONAL PROVISIONS

2.1 The CONSULTANT shall bill for the various services as completed no more frequently than
once per month. The amount of the bill shall be in accordance with the actual services
completed, not to exceed a total amount as outlined in the specific task order and the OWNER
shall timely reimburse the CONSULTANT for said completed services.

2.2 Indemnification
Consultant shall indemnify and save and hold harmless City from and for any and all
losses, claims, actions, judgments for damages, or injury to persons or property and losses
and expenses caused or incurred by Consultant, it’s servants, agents employees, guests,
and business invitees, and not caused by or arising out of the tortuous conduct of City or its
employees.

2.3 Insurance Requirements
The CONSULTANT, certifying that they are an independent contractor shall acquire and
maintain throughout the term of this contract the following insurance coverage:

a) General Liability Insurance at $1,000,000.

b) Professional Liability Insurance (Errors and Omission) with a minimum limit of
$1,000,000.

c) Workers Compensation and Employers Liability Insurance

The limits of said insurance shall not be deemed a limitation of the covenants to indemnify
and save and hold harmless the OWNER; and if the OWNER becomes liable for an amount
in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to
indemnify and save and hold harmless OWNER from and for all such losses, claims, actions,
or judgments for damages or liability to persons or property. The General Liability
Certificate of insurance shall name the OWNER as an additional insured and shall be
provided to the Boise City Department of Finance and Administration prior to proceeding
with the PROJECT.
Additionally, the Consultant shall have and maintain during the life of this contract,
statutory Workers Compensation, regardless of the number of employees, or lack thereof,
to be engaged in work on the project under this agreement (including himself) in the
statutory limits as required by law. In case any such work is sublet, the Consultant shall
require that subConsultant to provide Workers Compensation Insurance for himself and
any/all the latter's employees.

2.4 Independent Contractor
In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent
contractor, and neither CONSULTANT nor any officer, employee or agent of
CONSULTANT will be deemed an employee of OWNER. The selection and designation of
the personnel of the OWNER in the performance of this agreement shall be made by the
OWNER.
2.5 Notices
Any and all notices required to be given by either of the parties hereto, unless otherwise
stated in this agreement, shall be in writing and be deemed communicated when mailed in the
United States mail, certified, return receipt requested, addressed as follows:

Owner Consultant
Boise City Murray, Smith & Associates, Inc.
Public Works Department 950 W. Bannock, Ste. 910
PO Box 500 Boise, ID 83702-6138
Boise, ID 83701-0500

Either party may change their address for the purpose of this paragraph by giving written
notice of such change to the other in the manner herein provided.

2.6 Time is of the Essence
The parties hereto acknowledge and agree that time is strictly of the essence with respect to
each and every term, condition and provision hereof, and that the failure to timely perform any
of the obligations hereunder shall constitute a breach of and a default under this Agreement by
the party so failing to perform.

2.7 Assignment
It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have
the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except
upon the prior express written consent of OWNER.

2.8 Reports and Information
At such times and in such forms as the OWNER may require, there shall be furnished to the
OWNER such statements, records, reports, data and information as the OWNER may request
pertaining to matters covered by this Agreement.

2.9 Publication, Reproduction and Use of Material
No material produced in whole or in part under this Agreement shall be subject to copyright in
the United States or in any other country. The OWNER shall have unrestricted authority to
publish, disclose and otherwise use, in whole or in part, any reports, data or other materials
prepared under this Agreement.

2.10 Compliance with Laws
In performing the scope of services required hereunder, CONSULTANT shall comply with all
applicable laws, ordinances, and codes of Federal, State, and local governments.

2.11 Changes
The OWNER may, from time to time, request changes in the Scope of Services to be
performed hereunder. Such changes, including any increase or decrease in the amount of
CONSULTANT compensation, and any changes in the time of completion, which are
mutually agreed upon by and between the OWNER and CONSULTANT, shall be
incorporated in written task order amendments to this Agreement.
2.12 Termination for Cause
If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if CONSULTANT shall violate any of the covenants,
agreements, or stipulations of this Agreement, the OWNER shall thereupon have the right to
terminate this Agreement by giving written notice to CONSULTANT of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective date of such
termination. In such event, all finished or unfinished documents, data, maps, studies, surveys,
drawings, models, photographs and reports prepared by CONSULTANT under this
Agreement shall, at the option of the OWNER, become its property, and CONSULTANT
shall be entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.

Notwithstanding the above, CONSULTANT shall not be relieved of liability to the OWNER
for damages sustained by the OWNER by virtue of any breach of this Agreement by
CONSULTANT, and the OWNER may withhold any payments to CONSULTANT for the
purposes of set-off until such time as the exact amount of damages due the OWNER from
CONSULTANT is determined. This provision shall survive the termination of this agreement
and shall not relieve CONSULTANT of its liability to the OWNER for damages, provided
that the amount of such damages shall not exceed the total compensation provided for in
paragraph 2.3 of this agreement.

2.13 Termination for Convenience of OWNER
The OWNER may terminate this Agreement at any time by giving at least fifteen (15) days
notice in writing to the CONSULTANT. If the Agreement is terminated by the OWNER as
provided herein, CONSULTANT will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bear to the total services of
CONSULTANT covered by this Agreement, less payments of compensation previously made.
If this Agreement is terminated due to the fault of CONSULTANT, Section 2.12 hereof
relative to termination shall apply.

2.14 Losing Party Responsible for Reasonable Costs
In the event of any action brought by either party against the other to enforce any of the
obligations hereunder or arising out of any dispute concerning the terms and conditions hereby
created, the losing party shall pay the prevailing party such reasonable amounts of fees, costs
and expenses, including attorneys’ fees, as may be set by the Court.

2.15 Binding of Successors
The OWNER and the CONSULTANT each binds himself, his partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither the OWNER nor the CONSULTANT shall assign, sublet or transfer his
interest in this Agreement.

2.16 Authorization to Proceed
Execution of this Agreement by the OWNER and CONSULTANT, the receipt of written
notice by the CONSULTANT from the OWNER in the form of a Purchase Order, and
execution a specific project Task Order shall constitute authorization for the CONSULTANT
to proceed with the work.
2.17 Renewal
This agreement is renewable upon mutual agreement by both parties. Three (3) annual
renewals shall be allowed. The terms of the renewal may include an equitable adjustment of
fees to reflect inflation and may include change in key personnel listed.

2.18 Term
The term for this agreement shall be one year, commencing on October 27, 2009. Consultant
shall hold hourly rates for the term of the contract. Consultant may request an equitable
adjustment of fees to reflect inflation and may include change in key personnel listed during
the renewal process. All Task Orders to be completed in less than one year shall be billed at
rates at time Task Order is issued.

2.19 Key Personnel
Unless otherwise agreed to by the OWNER, the Consultant agrees to utilize the key
personnel for projects involving this contract as indicated in the proposal. Any change in
personal shall be approved by the City of Boise project manager.

2.20 Extent of Agreement
This Agreement represents the entire and integrated Agreement between the OWNER and the
CONSULTANT and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
OWNER and CONSULTANT. Unless otherwise specified, this Agreement shall be
governed by the law of the principal place of business of the OWNER.

2.21 Extension: The term may be modified (extension or reduction) by mutual written agreement of
the parties. The written agreement will state specific reason for the modification of term.
Extensions will not exceed ninety (90) days.

2.22 Non-Appropriation Clause
Should funding become not available due to lack of appropriation, the City may terminate
this agreement upon thirty (30) days notice.

SECTION 3

PAYMENT TO CONSULTANT

NOTE: This section will be negotiated with the CONSULTANT. The hourly rates and reimburseables
agreed to by the CONSULTANT and the City will be included as part of this section. A “not to exceed”
reimbursable amount may also be established under each Task Order.

HOURLY RATES/ REIMBURSABLE COSTS

The billable hourly rates includes direct labor, general and administrative overhead, profit margin,
ordinary and CAD computer time, ordinary software costs, office supplies, routine reproduction
costs, local communication charges, facsimile charges, parking, and travel costs within Ada County.

The hourly rates do not include project related reimbursable costs such as costs associated with:
extensive reproductions costs such as reproduction of final bidding documents (plans and
specifications), studies, etc; travel outside of Ada County; per diem; specialized equipment or
software; and long distance communication charges. Unless otherwise agreed to as a part of a
specific task order negotiation, these reimbursable costs will be billed to the CITY at the
CONSULTANT’S cost. Sub consultants costs shall not exceed 5% markup.

Employee Hourly Rate Employee Hourly Rate
Craig Anderson, P.E. $140 Dr. James Barnard, P.E. $250
Phil Smith, P.E. $175 Randall Krueger, P.E. $200
H. Wayne Gresh, P.E. $200 Rich Blackmun, P.E. $175
Rich Blackmun, P.E. $175 Jim Helton, P.E. $161
Sean Goris, P.E. $175 Tom Perry, P.E. $161
Andrew Shaw $210 Peter Schauer, P.E. $155
Dennis Galinato $128 Gary Neun $210
Ryan Pletka, P.E. $250 Dwarka Gupta $235
S.U. Park, P.E., S.E. $194 Timothy Dawson, P.E. $155
Justin Dickstein, LEED AP $155 Phil Rishel $130
Mark Stiles $155

END OF AGREEMENT
IN WITNESS WHEREOF, the parties here to have caused this Agreement to be executed in
triplicate as of the date so indicated.

CITY OF BOISE Murray, Smith & Associates, Inc.
950 W. Bannock, Ste. 910
APPROVED BY: Boise ID 83702-6138

David H. Bieter, Mayor Date Signature Date

ATTEST: Print Name

$ To be negotiated per Task Order
Jef Faw, City Clerk Date

Tina McBride, Purchasing Agent Date

APPROVED AS TO FORM AND CONTENT

Department Date

Legal Department Date

Risk Management Date
ACKNOWLEDGMENT

State of __________)
) ss
County of ________)

On this day of 20 , before me personally appeared ,
known to me and known by me to be the person who executed the above instrument, who, being by me
first duly sworn, did depose and say that he/she is and
that he/she executed the foregoing instrument on behalf of said firm for the use and purposes stated
therein.

Notary Public of _____________________
Residing at __________________________

My Commission Expires: ______________________________

(SEAL)