HomeMy WebLinkAboutPW Mechanical Engineering Consulting Services; Public Safety CenterAGREEMENT FOR PROFESSIONAL SERVICES
FOR NI TECHANICAL ENGINEERING CONSULTING SERVICES FOR THE PUBLIC
SAFETY CENTER
This Agreement is made and entered into this 7 day of litlnt , 20 , by
and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and Brummel, Myrick &
Associates, Inc. (hereinafter "CONSULTANT").
RECITALS
WHEREAS, the CITY's Public Safety Center (City Project No. 1129 1) requires mechanical
engineering consulting services to resolve operational impediments; and
WHEREAS, the CONSULTANT has agreed to render such services.
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY'S Project Manager. Fabiola Guillen-Urfer is hereby designated the
PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of
the progress and execution of this Agreement.
B. CONSULTANT'S Project Director. CONSULTANT shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress and execution of this
Agreement for CONSULTANT. Brandon Rodgers is hereby designated as the PROJECT
DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution
of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT
shall notify the CITY within ten (10) business days of the substitution.
2. DUTIES OF CONSULTANT.
CONSULTANT shall perform the duties and/or provide services as outlined in
CONSULTANT's proposal dated April 23, 2021, marked as Exhibit A, attached hereto and
incorporated herein.
3. DUTIES OF CITY.
CITY shall pay the compensation as provided in Paragraph 4, and perform the duties as
outlined in Exhibit A.
4. COMPENSATION.
For the full performance of the services described herein by CONSULTANT, CITY shall
pay CONSULTANT on a time and materials basis, as outlined in Exhibit A, for a total not -to -exceed
$2,500.
Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONSULTANT.
5. TERM OF AGREEMENT.
The teen of this Agreement shall be for one year commencing upon date of execution of this
agreement. Upon mutual agreement of the parties, and subject to the approval of the City Manager
the term of this Agreement may be extended for an additional period of up to one year.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause upon thirty
(30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may tenninate this Agreement for cause upon fifteen (15) days
written notice mailed or personally delivered to the other party, and the notified party's failure to cure
or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice,
within such fifteen (15) day time period.
C. Effect of Termination. Upon receipt of notice of termination, neither party shall
incur additional obligations under any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all CITY documents or materials
provided to CONSULTANT and any and all of CONSULTANT's documents and materials
prepared for or relating to the performance of its duties under this Agreement, shall be delivered to
CITY as soon as possible, but not later than thirty (30) days after tennination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONSULTANT in connection with
the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may
use said property for any purpose, including projects not contemplated by this Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for
inspection and audit, all documents and materials maintained by CONSULTANT in connection with
its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY
or its agent in any such audit or inspection.
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9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement nor the
performance of any of their respective obligations hereunder, without the prior written consent of the
other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect.
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occu.unence/two million dollars ($2,000,000) aggregate, for death,
bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover
any claims arising out of the CONSULTANT's perfonnance of services under this Agreement.
Where CONSULTANT is a professional not required to have a professional license, CITY reserves
the right to require CONSULTANT to provide professional liability insurance pursuant to this
section.
4. If it employs any person, CONSULTANT shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONSULTANT in subparagraph A of this section above shall also meet the following requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additional insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONSULTANT'S insurance policies
shall be "primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The
"primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as
Revised 1/29/2020
ISO form CG20 0104 13.
3. Except for professional
insurance, the insurance policies shall include,
contractual liability and personal injury.
liability insurance or worker's compensation
in their text or by endorsement, coverage for
4. By execution of this Agreement, CONSULTANT hereby grants to CITY
a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against
CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not CITY has received a waiver of subrogation
endorsement from the insurer.
If the insurance is written on a Claims Made Form, then, following termination
of this Agreement, said insurance coverage shall survive for a period of not less than five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before
CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or
limits shall be available to CITY or any other additional insured party. Furthermore, the requirements
for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or
(2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds
available to the named insured; whichever is greater. No representation is made that the minimum
Insurance requirements of this agreement are sufficient to cover the obligations of the
CONSULTANT under this agreement.
C. Deductibles and SIR'S. Any deductibles or self-insured retentions in
CONSULTANT's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER
or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance
coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement
Revised 1/29/2020
page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of
policy language or specific endorsements evidencing the other insurance requirements set forth in this
Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and
endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of
the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
11. INDEMNIFICATION.
A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the filllest
extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold
harmless CITY, its officers, agents, employees and volunteers (collectively, the "City
Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of
litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its
obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations
apply regardless of whether or not a liability is caused or contributed to by the active or passive
negligence of the City Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification
obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active
negligence or willfill misconduct. In addition, the acceptance or approval of the
CONSULTANT's work or work product by the CITY or any of its directors, officers or
employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the
event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from CONSULTANT'S performance of or operations under this Agreement,
CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse
the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in
defense of such claims.
B. Where the services to be provided by CONSULTANT under this Agreement are
design professional services to be performed by a design professional as that term is defined under
Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil
Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the
CITY and its officers, officials, and employees (collectively City Indemnitees) from and against
damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees
as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in
connection therewith and costs of investigation) to the extent they are caused by the negligence,
recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor
or anyone directly or indirectly employed by them, or anyone for whom they are legally liable
(collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not
apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct
Of such City hldemnitee.
C. The defense and indemnification obligations of this Agreement are undertaken in
addition to, and shall not in any way be limited by, the insurance obligations contained in this
Agreement, and shall survive the termination or completion of this Agreement for the full period
Revised 1/29/2020
of time allowed by law.
12. NONDISCRIMINATION.
CONSULTANT shall not discriminate, in any way, against any person on the basis of age,
sex, race, color, religion, ancestry, national origin or disability in connection with or related to the
performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONSULTANT shall observe and comply with all applicable federal, state and local laws,
ordinances, codes and regulations, in the performance of its duties and obligations under this
Agreement. CONSULTANT shall perform all services under this Agreement in accordance with
these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and
hold harmless CITY, its officers, agents and employees from any and all damages, liabilities,
penalties, fines and all other consequences from any noncompliance or violation of any laws,
ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in
any third party, any benefit or right owed by one party, under the terms and conditions of this
Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this Agreement,
including any notice of change of address, shall be in writing and given by personal delivery, or
deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
TO CITY's Project Manager:
TO CONSULTANT's Project Director:
16. INDEPENDENT CONTRACTOR.
Fabiola Guillen-Urfer
City of San Rafael
111 Morphew Street
San Rafael, CA 94901
Brandon Rodgers
Brummel, Myrick & Associates, Inc.
100 Cross Street, Suite 204
San Luis Obispo, CA 93401
For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers,
agents and employees shall act in the capacity of an Independent Contractor, and not as employees of
Revised 1/29/2020
the CITY. CONSULTANT and CITY expressly intend and agree that the status of
CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all documents
expressly incorporated by reference, represent the entire Agreement of the parties with respect to the
subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or written,
regarding the subject matter between the CONSULTANT and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the subject
matter of this Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified except
by a written amendment to this Agreement signed by the CONSULTANT and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement, and the
terns and conditions of the attached exhibits or the documents expressly incorporated by reference,
the terms and conditions of this Agreement shall control.
18. SET-OFF AGAINST DEBTS.
CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT
under this Agreement, any monies which CONSULTANT owes CITY under any ordinance,
agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or condition of
this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any
other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation
of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other consideration which may become due or
owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance
or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terns and conditions of this
Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs
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(including claims administration) and attorney's fees expended in connection with such action.
21. CITY BUSINESS LICENSE / OTHER TAXES.
CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY
business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and
all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any
work performed under this Agreement, until CONSULTANT has provided CITY with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
22. SURVIVAL OF TERMS.
Any teens of this Agreement that by their nature extend beyond the term (or termination) of
this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective
successors and assigns.
23. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
24. COUNTERPARTS AND ELECTRONIC SIGNATURE.
This Agreement may be executed by electronic signature and in any number of counterparts,
each of which shall be deemed an original, but all of which together shall constitute one document.
Counterpart signature pages may be delivered by telecopier, email or other means of electronic
transmission.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL
JIM SC U Z, City Mai ge
ATTEST:
Revised 1/29/2020
CONSULTANT
Digitally signed
by Brandon
By: Brandon Rodgers Rodgers
Date: 2021.05.20
Name: 15:50:48-07'00'
Title: President
[If CONSULTANT is a corporation, add signature of
second corporate officer]
I -A4t/1i1w/
LINDSAY LARA, City Clerk
APPROVED AS TO FORM:
` 1
ROBERT F. EPSTEIN, Cfttithttorney
Revised 1/29/2020
Digitally signed by
Brandon Rodgers Brandon Rodgers
By: Date: 2021.05.20
15:52: 007700'
Nam :
Title:Treasurer, Secretary
BMA Mechanical +
Exhibit A
Consulting Services Agreement
To:
City of San Rafael, Dept. of Public Works
A. Fabiola Guillen
Sr. Project Manager
415-720-9588
Fabiola.guillenUrfer@citvofsanrafael.org
April 23, 2021
Proiect Title and Description
City of San Rafael, Public Safety Center– General Consulting – Mechanical Engineering Consulting
services provided to support the Dept. of Public Works, and the Fire Dept. (end users) in resolving
operational impediments.
The scope of work is generally focused on:
- Identify outstanding M/P warranty issues and support the City of San Rafael in seeking
mitigation/correction by GC
- Support enhanced owner training (as req'd) on the M/P systems by liaising with equipment
vendors/rep's/etc... to facilitate Equipment Manufacturer supported training opportunities/resources
- Provide mechanical sketches/directives (as req'd) to support [minor] system alterations at the City's
request (ie; Apparatus Bay unit heater control schema)
B. Engineering Tasks and Deliverables:
1. Perform engineering site visit
2. Prepare memorandum of deficiencies/required [warranty] mitigation measures
3. Participate in team meetings
4. Provide general consulting services
5. Prepare Mechanical Sketches (MSK)
C. Fee Estimates:
The estimated costs for this project are based on the project specifics provided and are subject to
change with changes in project scope.
Project Phase
Time & Materials,
Not -to -Exceed Budget
Notes
Mechanical Engineering Consulting
$2,500.00
Budget Total:
$2,500.00
Notes:
1. Hourly, Time & Materials [T&M] estimates, will be provided in accordance with BMA's current
hourly rate schedule as contained in BMA Standard Exhibit B—Hourly Rate Schedule at the time
of approval.
2. The fee estimates provided are specific to the scope described above – changes to the project
scope may result in changes to the noted budget estimates
BMA\\Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
ph: 805.544.4269 1 www.bmasio.com
,k*
D. Terms and Conditions:
1. Services provided by BMA shall be limited to the practice of Mechanical Engineering in accordance
with the California Dept. of Consumer Affairs, Business and Professions Code, Section 6731.6.
2. This Engagement is subject to the Terms and Conditions contained in BMA Standard Exhibit A—
Professional Services Agreement Terms and Conditions.
Thank you for the opportunity to provide you this proposal. If you would like to discuss any of the
details contained within this proposal, please feel free to contact me at your convenience.
Si cerely,
Brandon Rodger , P.E.
805-548-1443
brandonr@bmaslo.com
E. Client Acceptance:
Please provide a signature to acknowledge the services being engaged as a part of this Consultant
Services Agreement (digital signature/approval acceptable).
Services:
AGREED & UNDERSTOOD
(signature to acknowledge)
Mechanical
Engineering Consulting
Signature Date
Printed Name:
BMA\\Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
ph: 805.544.4269 1 www.bmaslo.com
BMA Mechanical +
Exhibit A
BMA, Inc.—Professional Services Agreement
Terms and Conditions
The following Terms and Conditions are provided pursuant to the requirements of the California Dept. of
Consumer Affairs, Business and Professions Code section 6749.
DESCRIPTION OF SERVICES:
BMA, Inc. (the Consultant) will provide professional Mechanical Engineering consulting services to
the Client to the best of its ability based on the education, training and experience of the Consultant
and the information, facts and evidence made known to the Consultant during the course of
engagement. The Client has reviewed the qualifications of the Consultant and desires to have
services provided by the Consultant.
BILLING PROCEDURE, BASIS OF COMPENSATION AND METHOD OF PAYMENT:
Compensation shall be in accordance with the Fee Estimate provided as part of the accompanying
Engagement Letter.
BMA, Inc. shall submit invoice(s) to the client for that part of the engagement completed in the
immediately preceding month, by no later than 201h day of the following month. Invoice(s) shall be
calculated based on either:
a) A percentage of completion against a stipulated sum, plus direct expenses (at cost—as
applicable)
b) time spent by the Consultant in accordance with BMA Standard Exhibit B—Hourly Rate
Schedule
The client shall pay within 30 days after submission all invoices the engineer submits to the client
under this agreement.
The client shall remit payment via either:
a) Check made payable to: BMA, Inc.
100 Cross St., Ste 204
SLO, CA. 93401
b) Or Via ACH deposit to: Pacific Premier Bank
1144 Morro St.
SLO, CA. 93401
Acct No: 3517180660
Routing No: 322285781
If any billing is not paid within 90 days, no further services will be performed until all past due
amounts are paid.
BMA\\Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
ph: 805.544.4269 1 www.bmaslo.com
0
The client agrees to notify BMA, Inc. within 20 days of any billing disputes so that they can be
resolved promptly; otherwise, it will be presumed that the client accepts the amount billed as the
proper charge for the services rendered.
ADDITIONAL SERVICES:
The need for additional services may arise during the course of the engagement. Except for services
required due to the fault of the Consultant, additional services outside the project scope provided in
the accompanying Engagement Letter shall be subject to additional fees as required to complete the
subject project and BMA's compensation shall be equitably adjusted.
In the event that additional services are required, BMA will make every effort to notify the Client of
the need for Additional Services Compensation through the use of an Additional Services Agreement
(ASA). However; the Client understands that often during the course of an engagement it becomes
necessary to provide Additional Services on -the -fly and occasions may arise where work is
performed in advance of notice and/or approval. In such instances, the services are offered in Good
Faith, and the Consultant shall be equitably compensated.
Additional services may include, but are not limited to the following:
a) Duplication of Efforts: Services necessitated by a change in design including, but not limited to,
those changes which might arise from architectural, structural, or electrical revisions. Additional
Scope: Services necessitated by a material change to the project including, but not limited to
size, quality, complexity, etc...
b) Unforeseen Conditions: Services necessitated by the discovery of previously unknown project
limitations, or criteria.
c) Code Revisions: Services necessitated by the enactment or revision of codes, laws, or other
pertinent regulations, or official interpretations.
d) Delays: Changes required due to untimely transmission of information, or settling of design
decisions.
e) Reuse of Documents: the reuse of instruments of service prepared by BMA under the course of
the engagement such that they are to used acquire permits for alternate projects, or guide the
construction of alternate projects shall be subject to additional services compensation.
TERMINATION OR SUSPENSION:
Both BMA and the Client retain the right to terminate or suspend this agreement upon 30 days
written notice by either party. BMA agrees to maintain clarity on all disputes or matters related to
the engagement which may give rise to termination or suspension and shall work with reasonable
efforts to resolve any such matters. In the event of termination, the Client shall pay the Consultant
for all services rendered to the date of termination.
OWNERSHIP AND COPYRIGHT OF DOCUMENTS:
All documents originating from BMA are considered instruments of service and shall be considered
the sole intellectual property of BMA. The documents prepared under the course the engagement
are intended for one time use construction of the accompanying engagement. Reuse or
modifications of any such document without the express written consent of BMA shall be strictly
prohibited.
BMA\\Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
ph: 805.544.4269 1 www.bmaslo.com
��k
OMMISSIONS:
BMA, Inc. is not responsible for the acts or omissions of the project Architect, project Consultant
team, project Contractor(s), or any other members of the project team.
STANDARD OF CARE:
The standard of care for all professional services performed or furnished by BMA under this
Agreement will be the skill and care used by members of BMA's professional practicing under similar
circumstances at the same time and in the same locality. Except as set forth herein, no other
warranty, express or implied, is made or intended related to the services provided
FORCE MAJUERE:
Neither the Client nor BMA shall be found in default of this agreement to the extent that any delay
or failure in the performance of its obligations results from any cause beyond its reasonable control
without its negligence.
INDEMNIFICATION:
To the fullest extent permitted by law, the Client and the Consultant each agree to indemnify the
other party and the other party's officers, directors, partners, employees, and representatives, from
and against losses, damages, and judgments arising from claims by third parties, including
reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent
they are found to be caused by a negligent act, error, or omission of the indemnifying party or any
of the indemnifying party's officers, directors, members, partners, employees, or sub -consultants in
the performance of services under this Agreement. If claims, losses, damages, or judgments are
found to be caused by the joint or concurrent negligence of the Client and the Consultant, they shall
be borne by each party in proportion to its negligence. The total liability on all claims arising out of
or in any way related to BMA's services or from any cause or causes whatsoever shall not exceed the
total compensation received by BMA under this Agreement.
WARRANTIES:
BMA does not warranty any services rendered. Professional Mechanical Engineering Consulting
services will be performed consistent with services provided by professionals practicing in the same
or similar locale, under similar circumstances. Services provided are provided in good faith pursuant
to the skill, knowledge, and practice of the Consultant.
DISPUTE RESOLUTION AND ATTORNEY FEES:
Both the Client and BMA agree to mediate any dispute arising under the subject engagement. In the
event of any dispute, the parties, within thirty (30) days of a written request for mediation, shall
attend, in good faith, a mediation in order to make a good faith reasonable effort to resolve any
dispute arising under the subject engagement. If one party initiates any court, legal, or other action
to enforce any obligations under this Contract without first attempting mediation, that party shall
not be entitled to any costs or attorneys' fees as the prevailing party.
If the parties become involved in litigation arising out of the subject engagement, the court shall
award reasonable costs and expenses, including attorneys' fees, to the prevailing party.
[end]
BMA\\Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
ph: 805.544.4269 1 www.bmaslo.com
'IL'IL
BMA Mechanical +
EXHIBIT B
Hourly Billing Rate Schedule
Expert Witness
$330.00
Principal Engineer
$230.00
Senior Associate Engineer
$180.00
Associate Engineer
$150.00
Senior Designer
$140.00
Designer III
$130.00
Designer II
$120.00
Designer 1
$110.00
Specialist III
$100.00
Specialist II
$90.00
Specialist 1
$80.00
.19MM&
77-71
Senior Designer
$140.00
Designer III
$130.00
Designer II
$120.00
Designer 1
$110.00
Specialist III
$100.00
Specialist II
$90.00
Specialist 1
$80.00
BMA Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
805.544.4269 1 www.bmaslo.com
$100.00
Senior Designer
$130.00
Designer II
$110.00
Designer 1
$100.00
Specialist II
$90.00
Specialist 1
$80.00
BMA Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
805.544.4269 1 www.bmaslo.com
$100.00
Senior Analyst
$140.00
Analyst III
$130.00
Analyst II
$120.00
Analyst 1
$110.00
Specialist III
$100.00
Specialist II
$90.00
Specialist 1
$80.00
BMA Mechanical +
100 Cross Street, Suite 204, San Luis Obispo, CA 93401
805.544.4269 1 www.bmaslo.com
Senior BIM Tech $130.00
Tech II $110.00
Tech 1 $100.00
Specialist II $90.00
Specialist 1 $80.00
$100.00
Principal Cx Agent
$200.00
Senior Cx Agent
$140.00
Cx Agent 11
$130.00
Cx Agent 1
$120.00
Specialist II
$100.00
Specialist 1
$90.00
Senior BIM Tech $130.00
Tech II $110.00
Tech 1 $100.00
Specialist II $90.00
Specialist 1 $80.00
Project Administrator
$100.00
Drone Specialist
$140.00
3D Scanning Specialist
$120.00
Specialist III
$120.00
Specialist II
$110.00
Specialist 1
$90.00
Project Administrator
$100.00
Marketing Specialist
$95.00
Office Coordinator
$80.00
Mileage Prevailing IRS
rate/mile
Travel & Lodging At cost
Per Diem Per GSA schedule by
Printing, Reprographics Cost +15%
Miscellaneous At cost
NOTES:
1. Overtime rates are a 30% premium on the rates listed
2. Rates are subject to change annually
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CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Public Works
Project Manager: Iman Kayani for FG Extension: 3352
Contractor Name: Brummel, Myrick & Associates, Inc.
Contractor's Contact: Brandon Rodgers Contact's Email: brandonr@bmaslo.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
4/26/2021
Attorney c/o Laraine.Gittens@cityofsanrafael.org
OIKK
2
City Attorney
a. Review, revise, and comment on draft agreement
4/27/2021
❑X LG
and return to Project Manager
4/27/2021
❑X LG
b. Confirm insurance requirements, create Job on
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
4/28/2021
❑X BG
contractor
4
Project Manager
Forward three (3) originals of final agreement to
4/28/2021
❑X IKK
contractor for their signature
5
Project Manager
When necessary, contractor -signed agreement
❑X N/A
agendized for City Council approval *
*City Council approval required for Professional Services
❑X IKK
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
5/26/2021
IKK
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
�agreement ! l
61c,
8
City Attorney
Review and approve insurance in PINS, and bonds
/ 1,
/
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
/
City Clerk
official
A /
10
Attest signatures, retains original agreement and
0�
forwards copies to Project Manager
/�