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HomeMy Public PortalAbout2021.02.03 Crestline EngineersCRESTLINE ENGINEERS, INC. Civil Engineering Consultants AGREEMENT FOR PROFESSIONAL SERVICES January 20, 2021 (Revised February 3, 2021) THIS AGREEMENT is between City of McCall Golf Course, 216 E. Park Street, McCall, Idaho 83638, hereinafter referred to as the "CLIENT" and Crestline Engineers, Inc., hereinafter referred to as "CRESTLINE." The CLIENT and CRESTLINE in consideration of their mutual covenants herein agree as set forth below. The CLIENT desires to construct a new pedestrian access entrance ramp along with grading improvements to meet ADA standards hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CRESTLINE a full and complete description of the PROJECT including; all design criteria, information as to the CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, and budgetary limitations and copies of all design and construction standards which the CLIENT will require to be incorporated in the Drawings and Specifications. CRESTLINE hereby requests and the CLIENT agrees to provide to CRESTLINE all associated project information including data prepared by others; soil borings, probing and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessments and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; other special data or consultations as may be available; all of which CRESTLINE may use and rely upon in performing services under this Agreement. The Client will obtain permission for CRESTLINE to enter upon public and private property as required for CRESTLINE to perform services under this Agreement. SCOPE OF WORK CRESTLINE will provide the following generally described services under this Agreement. CRESTLINE is available to provide engineerinq services associated with the PROJECT based upon discussions with the Client and the attached Proposal for Engineering Services dated January 20, 2021. The estimated cost to complete the Scope of Work is approximately $6,500.00 - $8,000.00, excluding expenses. All work will be performed on a time and materials basis (not to exceed $8,000.00 without further authorization) at the rates listed below under Professional Fees. COMPENSATION Billings to the CLIENT for all work in connection with the Scope of Work and Additional Services (i.e., all work in addition to that required in connection with the stated Scope of Work) shall consist of the following: Professional Fees: All professional services performed by CRESTLINE will be billed on an hourly basis. CRESTLINE's prevailing fees for the calendar year 2021 are as follows: See Attached Exhibit A The above hourly rates will be adjusted on an annual basis, effective January 1 of each year. Direct Expenses: Direct expenses include, but are not limited to, travel and travel related cost such as actual transportation cost, food, subsistence and lodging, printing, faxing, internet fees, telephones, maps, documents prepared by others, materials, in-house prints, copies, renderings, models and mock-ups, plots, any expenses for insurance coverage or limits of insurance which are in excess of the normally carried by CRESTLINE and other similar direct expenses related to the completion of the Scope -of -Work. All direct expenses will be billed at cost, plus ten (10%) percent. Sub -Consultant Fees: Sub -Consultant fees and expenses, if any, will be billed at cost, plus ten (10%) percent. CRESTLINE ENGINEERS, INC. - AGREEMENT FOR PROFESSIONAL SERVICES Page 1 of 4 Proposal — City of McCall Golf Course Clubhouse Pedestrian Access Improvements January 20, 2021 - Site, boundary, and construction surveying. - Project renderings. BUDGET It is estimated that the costs associated with completing the above Tasks 1-4 will range between $6,500.00 - $8,000.00 not including surveying provided by Skiftun Land Surveying, Inc. Tasks 1-4 Estimated Fee = $6,500.00 - $8,000.00 All estimates are budgetary and subject to change as the project evolves and is further defined. At this time, we would like to propose a "Not to Exceed" budget limit in the amount of $8,000.00 for the above listed Tasks 1-4 without further authorization for work associated with this proposal. It is proposed that Tasks 1-4 work be performed on a time and materials basis using the rates as listed on the attached "Schedule of Billing Rates" (Exhibit A). In the event that work can be completed in less time, the Client will only be charged for actual work completed. Project related mileage for work outside the City of McCall will be billed at the rate approved by the IRS, currently $0.56 cents per mile. All direct cost (travel, meals, photocopy, shipping/postage, and out of the ordinary items needed to complete the project) will be billed at cost to the project plus ten (10%) percent. In-house supplies, printing, etc. will be billed at actual cost. Sub -consultant fees and laboratory costs, if any, will be billed at cost to the project plus ten (10%) percent. Sub -consultant fees and laboratory costs can be billed directly to the client where appropriate. Direct costs including supplies, sub -consultant fees, and lab costs will be in addition to the estimated amount associated with the proposed scope of services. AGREEMENT If this proposal meets your approval, it may serve as the basis for agreement by affixing a signature on the attached Agreement for Professional Services. This signature will be considered a notice to proceed with the services described under the Scope of Work above, billed on a time and materials basis in accordance with the rates as identified above and on Exhibit A. Please return one signed copy of the original Agreement to our office at your earliest convenience and we look forward to working with you on this project. Respectfully submitted, CRESTLINE ENGINEERS, INC. W&w ��; Robert Pair, E.I.T. Associate Engineer Gregg n ersley, P.E. Principal Engineer Page 3 of 3 Proposal — City of McCall Golf Course Clubhouse Pedestrian Access Improvements January 20, 2021 TASK 4 —GRADING PLAN/DRAWINGSITYPICAL DETAILS Once a preliminary site plan layout has been agreed upon by the Client, Crestline will produce a grading plan with supporting drawings and typical details. This is necessary for the proper construction of the ramp to ensure adequate drainage around the clubhouse. A plan set with a cover sheet, notes/ legend sheet, site plan, and grading plan will be provided. In addition, Crestline will provide typical details including, but not limited to, the following: - ADA pedestrian access ramp PROJECT DELIVERABLES Crestline will produce the following project deliverables for the project. A project schedule for completion of these items shall be developed and negotiated with the Client prior to proceeding with any project work. - Preliminary Site Plan - Grading Plan - Site Plan - Typical Details NOT INCLUDED WITHIN SCOPE OF SERVICES Certain services including, but not limited to the following, shall be charged as "Additional Services" unless specifically included in the Scope of Work. - Permit, plan checking, inspection and other agency review fees, including but not limited to, application/permitting and utility services/connection fees. - Costs associated with project Architects, Land Planners and Attorneys. - Preparation of entitlement/land use applications and associated application documents. - Site, boundary, and construction surveying. - Geotechnical and subsurface investigations/investigations, test borings, soils and material reports/testing. - Structural engineering associated with buildings/structures including retaining wall design and calculations. - Preparation of Construction contract documents, specification manuals and operation and maintenance manuals. - Construction management services, including construction observation. - Additional engineering services due to significant plan changes or changes that result in recreating work that was already completed. - Cost estimates or probable opinions of construction costs. - Detailed site grading plans and extensive design work associated with complex underground stormwater detention facilities. - Discovery or removal procedures for hazardous waste, subsurface debris, wells, underground tanks, federally listed species, or archaeological artifacts. - Preparation of a complete Stormwater Drainage Report meeting the requirements of the City of McCall, DMG's. - Engineering design of stormwater collection and conveyance systems including stormwater runoff modeling. - Joint utility (power, phone, cable, etc.) relocation design and coordination. - Parking lot layout and design. - Site plan renderings, landscaping, and lighting plans. Page 2 of 3 CCRESTLINE January 20, 2021 City of McCall Golf Course ATTN: Eric McCormick 216 E. Park Street McCall, Idaho 83638 Subject: Proposal for Engineering Services Associated with Clubhouse Pedestrian Access Improvements for City of McCall Golf Course Located at McCall, Idaho. Dear Mr. McCormick, Following our initial site visit and various conversations, Crestline Engineers, Inc. (Crestline) has prepared the following proposal for engineering services associated with pedestrian access improvements as well as entrance upgrades for the City of McCall Golf Course Clubhouse Pedestrian Access Improvements project in McCall, Idaho. As we understand it, the project consists of re -constructing the existing ramp to meet ADA standards, new construction of an ADA access ramp, and grading as necessary to meet ADA requirements. SCOPE OF WORK Crestline is available to provide engineering services based upon our initial evaluation of the project and our past correspondence with you onsite. The following specific work tasks are. proposed for the project: TASK 1 — PROJECT MANAGEMENT, ADMINISTRATION, AND COORDINATION Includes general project management, administration, coordination, meetings, and other correspondence with the City of McCall and other entities as may be required. This task will include development meetings that will need to occur to determine the scope of the work and requirements for the pedestrian access ramp improvements. TASK 2 — PRE -DEVELOPMENT PEDESTRIAN ACCESS EVALUATION Includes site visits and coordination with the Surveyor to evaluate the existing conditions on -site and determine the necessary improvements in order to meet ADA requirements. TASK 3 — PREPARE A PRELIMINARY SITE PLAN LAYOUT Includes coordination with the Surveyor in order to design a preliminary site plan to show the intended project work. It is anticipated that the initial survey will be conducted by Skiftun Land Surveying, Inc. Crestline will develop and deliver to Client the preliminary site plan, figures, and drawings based upon information provided from the Surveyor. 323 Deinhard Lane, Suite C • PO Box 2330 • McCall, Idaho 83638 • 208.634.4140 • Fax 208.634.4146 www.crestline-eng.com • info@crestline-eng.com Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: City of McCall Golf Course ADDRESS: 216 E. Park Street McCall, Idaho 83638 BY: +& �51 (�+ ley I W CRESTLINE ENGINEERS, INC. PO Box 2330 McCall, Idaho 83638 (208)634-4140 BY: Gregg Tankersley TITLE: Principal Engineer( Di�gtypy ignedbyGreggTankersley SIGNATURE: 1 ' �Dl�: Ci U8, 1 E=glankgrsley@creslline-eng.com, Gregg Tankersley o:j'Cres8lne Engineers, Inc.", t L-i,'N=Gregg aan ec�rsr Date:2021.02.0316:48:15-07'00' DATE: CRESTLINE ENGINEERS, INC. - AGREEMENT FOR PROFESSIONAL SERVICES Page 2 of 4 AGREEMENT FOR PROFESSIONAL SERVICES TERMS AND CONDITIONS GENERAL Crestline Engineers, Inc. (CRESTLINE) shall provide for CLIENT professional engineering for the Project described in this Agreement. These services will be performed in accordance with generally accepted professional practices for the intended use of the project. CRESTLINE makes no other warranty either expressed or implied. CRESTLINE shall not be responsible for acts or omissions of any party involved in the Project other than their own. CRESTLINE shall not be responsible for failure of any Contractor or Sub -contractor to construct any item in accordance with recommendations issued by CRESTLINE. CRESTLINE has not been retained to supervise, direct or have control over Contractor's work. CRESTLINE specifically does not have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CRESTLINE can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. CRESTLINE may be asked to provide opinions of construction or PROJECT costs as part of the professional services under this Agreement. The CLIENT understands and agrees that CRESTLINE has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CRESTLINE opinions of cost are based on CRESTLINE experience and represents CRESTLINE's judgment based on that experience, but CRESTLINE does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CRESTLINE. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that CRESTLINE modify any aspect of the PROJECT to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS The CLIENT agrees that no product will be reused, other than for the construction, operation, and maintenance of the project, without specific written permission of CRESTLINE. The CLIENT agrees to indemnify and hold CRESTLINE harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CRESTLINE for the PROJECT. COPYRIGHT OF DOCUMENTS CRESTLINE retains the copyright to all documents and designs. The CLIENT agrees to limit the use of the documents to the specified project and that no product will be reused, other than for the construction, operation, and maintenance of the project, without written permission of CRESTLINE. GOVERNING LAW Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. CRESTLINE ENGINEERS, INC. - AGREEMENT FOR PROFESSIONAL SERVICES Page 3 of 4 SUCCESSORS AND ASSIGNS CLIENT and CRESTLINE each is hereby bound, and the partners, successors, executors, administrators and legal representatives of CLIENT and CRESTLINE are likewise bound to the other party to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CRESTLINE, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CRESTLINE and not for the benefit of any other party. BILLING AND TIMES OF PAYMENTS CRESTLINE shall submit monthly invoices for services rendered and for project related expenses incurred. If CLIENT fails to make any payment due to CRESTLINE for services and expenses within thirty (30) days after receipt of CRESTLINE's invoice, the amounts due to CRESTLINE will be increased at the rate of 1 % per month from said thirtieth day, and in addition, CRESTLINE may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CRESTLINE has been paid in full all amounts due for services, expenses, and charges. TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice. Such termination shall be based upon substantial lack of performance by the other party under the Terms and Conditions of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CRESTLINE shall be paid for services rendered and for project related expenses incurred to the date of such termination plus an allowance for demobilization costs as determined by CRESTLINE. LIMIT OF LIABILITY The CLIENT and CRESTLINE have considered the risks, rewards, and benefits of the PROJECT and CRESTLINE's total fee for services to be rendered under the Agreement. lR light e,f these, faGtO.S O ENT ^ s that, to the fullest extent ^ mitt^a by law, GRESTI-1 W R., III plity tG the GWENTfoF all less, damage, harm, xpeRSe, diF8GtQrindirPnt less erdetFimeRt, from DISPUTE RESOLUTION Any claim, dispute or controversies arising out of or in relation to the Agreement shall be subject to mediation as a condition precedent to afbitfatieR litigation. The CLIENT and CRESTLINE shall share mediation cost equally. If .,e eI;^':^^ 430I6 to h•;^^ resolution, matteins still OR question Shall -be d-R-Gided by arb4trat;A-.n 'R the State ef Idaho Reth mAdlatiop And arbitratien shall be thprpn# RECOVERY OF DISPUTE RESOLUTION COSTS In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as voall as the value of time speRt by the pFevailing party and these in his Ar her empley iR FeseaFGWRg and F;A on The value Af time spent, and the expeRses ;RGUFFed shall, 9R GREST-LINE's paFt, be GOMputed based upeR EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and CRESTLINE and supersedes all prior negotiations, representations, or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CRESTLINE. CRESTLINE ENGINEERS, INC. -AGREEMENT FOR PROFESSIONAL SERVICES Page 4 of 4 C CRESTLINE EXHIBIT A CRESTLINE ENGINEERS, INC. Civil Engineering Consultants 2021 SCHEDULE OF BILLING RATES Hourly Job Description Rate Supervising Engineer/Senior Technical Consultant...................................................... $153.00 Principal Engineer........................................................................................ $138.00 Senior Project Manager................................................................................................. $133.00 ProjectManager............................................................................................................ $120.00 Senior Project Engineer................................................................................................. $108.00 ProjectEngineer............................................................................................................ $100.00 Senior Technical Designer............................................................................................ $90.00 TechnicalDesigner........................................................................................................ $80.00 Associate Engineer II.................................................................................................... $90.00 AssociateEngineer I...................................................................................................... $85.00 Construction Manager/Senior Project Inspector............................................................ $100.00 ProjectInspector II......................................................................................................... $88.00 ProjectInspector I.......................................................................................................... $78.00 Senior Environmental Specialist................................................................................... $85.00 Environmental Technician............................................................................................. $65.00 Geographic Information System Specialist................................................................... $80.00 CADTechnician............................................................................................................ $65.00 Administrative Support, Clerical and Delivery ............................................................... $60.00 Notes: • The above hourly rates will be adjusted on an annual basis, effective January 1 of each year. • Mileage will be billed at the rate approved by the IRS, currently 56 cents per mile. • All direct costs (travel, meals, photocopy, shipping and postage, and out of the ordinary items needed to complete projects) will be billed at actual cost plus ten (10%) percent. • All sub -consultant fees, laboratory costs and application fees, if any, will be billed at cost to projects plus ten (10%) percent. • Sub -consultant fees, laboratory costs and application fees can be billed directly to or handled by the Client where appropriate. 323 Deinhard Lane, Suite C • PO Box 2330 • McCall, Idaho 83638 • 208.634.4140 • Fax 208,634.4146 www.crestline-eng.com • info@crestline-eng.com