Meeting Date: October 2, 2012
Prepared by: Jason Stilwell, City Administrator
City Council
Agenda Item Summary
Description: Neill Engineers Corporation is a reputable firm who, over the many years of
performing work in the City, has established a reputation for its thoroughness and
understanding of the unique and complex infrastructure in the City.
Overall Cost: The proposed agreement includes a monthly stipend of $200.00 or $2,400
a year, for the consultant serving as the City Engineer. The total amount of the stipend
over the five-year contract is $12,000. In addition, the City may pay an hourly rate for
any additional services rendered during this contract period. The Fiscal Year 2012-13
Adopted Budget for Engineering Services is $10,800.
Staff Recommendation: Adopt the Resolution appointing Sherman Low as City Engineer and
approving the professional services agreement with Neill Engineers Corporation for a
five-year period ending June 30, 2017. The agreement has been approved by the City
Attorney.
Important Considerations: This agreement will allow for the City Engineer to provide the
necessary municipal engineering services to the City. The City Engineer will continue to
augment the Public Works Superintendent and staff in design of Capital Improvement
Projects. This local firm provides an excellent work product and has a full understanding
ofthe City's infrastructure requirements. In addition, its long-standing relationship with
the City provides invaluable institutional knowledge to the Council and staff.
Decision Record: The Neill Family and Neill Engineers Corporation have provided engineering
services to the City since 1953.
Reviewed by:
'S8f Jason Stilwel~ City Administrator
qko/rc
Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR BURNETT AND COUNCIL MEMBERS
FROM: SHARON FRIEDRICHSEN, PUBLIC SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: OCTOBER 2, 2012
SUBJECT: CONSIDERATION OF A RESOLUTION APPOINTING
SHERMAN LOW AS CITY ENGINEER AND
APPROVING A PROFESSIONAL SERVICES AGREEMENT
WITH NEILL ENGINEERS CORPORATION FOR
ENGINEERING CONSULTANT SERVICES THROUGH
JUNE 30, 2017
RECOMMENDED MOTION
Adopt the Resolution (1) appointing Sherman Low as the City Engineer and (2) approve
a professional services agreement for the period of July 1, 2012 through June 30, 2017
with Neill Engineers Corporation for engineering consultant services.
BACKGROUND
The City utilizes a consultation firm to provide municipal engineering services, including
serving as City Engineer. The City Engineer provides technical expertise, advice, scope,
design and supervision of City road and drainage construction projects, flood control
programs and other engineering services. Neill Engineers Corporation is a reputable firm
with extensive experience working with the City, including Sherman Low, who has
served as City Engineer since 2009 when former City Engineer Clayton Neill, Jr. passed
away. The proposed agreement will allow the City to contract with Neill Engineers
Corporation for engineering services for a five-year period from July 1, 2012 to June 30,
2017.
STAFF REVIEW
Staff recommends that the City Council approve the proposed agreement as it will allow
the City to contract with Sherman Low of Neill Engineers Corporation for needed
municipal engineering services.
FISCAL IMPACT
The proposed agreement includes a monthly stipend of $200.00 a month, or $2,400 a
year, for the consultant serving as the City Engineer. The total amount of the stipend
over the five-year contract is $12,000. In addition, the City may pay an hourly rate for
any additional services rendered during this contract period. The Fiscal Year 2012-13
Adopted Budget for Engineering Services is $10,800.
ATTACHMENTS
Resolution
Professional Services Agreement
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CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA APPOINTING SHERMAN LOW AS CITY ENGINEER
AND APPROVING AN AGREEMENT WITH NEILL ENGINEERS
CORPORATION FOR ENGINEERING CONSULTING SERVICES
THROUGH JUNE 2017
______________________________________________________________________________________
WHEREAS, the Neill family and Neill Engineers Corporation has provided the
City with engineering services since 1953; and
WHEREAS, the City Council wishes to continue the services of Neill Engineers
Corporation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carmelby-
the-Sea hereby:
1. Appoints Sherman Low as City Engineer.
2. Agrees to the attached Agreement for Engineering Consultant Services for the period
beginning July 1, 2012, and continuing through June 30, 2017.
3. Authorizes the Mayor to execute the Agreement on behalf of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA on this 2nd day of October 2012 by the following roll call
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
____________________________________
JASON BURNETT, MAYOR
ATTEST:
___________________________
Heidi Burch, City Clerk
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CONTRACT FOR CONSULTING SERVICES
THIS CONTRACT is executed this 2nd day of October, 2012, by and
between the CITY OF CARMEL-BY-THE-SEA, hereinafter referred to as
“CITY”, and NEILL ENGINEERS CORPORATION, hereinafter called
“CONSULTANT”.
IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
1. Scope. CONSULTANT hereby agrees to provide to CITY, as
the scope of services under this Contract the services set forth in
Exhibit “A” attached hereto and incorporated herein by this
reference.
2. Timely Work. CONSULTANT shall perform all duties
incidental or necessary in a timely fashion; and shall be performed
diligently, competently and in accordance with professional
standards of performance. Failure to so perform is hereby deemed a
material breach of this Contract, and CITY may terminate this
Contract with no further liability hereunder. CITY may agree in
writing with CONSULTANT to an extension of time. It is expressly
agreed and understood that CONSULTANT shall not be held responsible
for delays occasioned by factors beyond their control, nor by
factors that could not reasonably have been foreseen at the time of
execution of this CONTRACT.
3. Term. The work under this Contract shall commence July 1,
2012, and shall terminate on June 30, 2017.
4. Compensation. CITY shall pay CONSULTANT $200.00 per month
as a stipend for services as City Engineer in accordance with this
Contract for fiscal year 2012-13 (contract’s initial term commences
July 1, 2012 through June 30, 2013). In addition, CITY shall pay
CONSULTANT an hourly fee as specified within Exhibit B for municipal
engineering services requested by CITY in accordance with this
Contract in an amount not to exceed $8,400 for fiscal year 2012-13
for services described in Exhibit “A”, unless additional services
are agreed upon in advance by CITY per Section 5. of this Contract.
City Administrator, on behalf of CITY, shall negotiate compensation
for each additional fiscal year (2013-14, 2014-15, 2015-16) based
upon anticipated CITY needs, budget and updated fee schedule
(Exhibit “B”).
Compensation under this Contract shall become due and
payable thirty (30) days after CITY’S approval of CONSULTANT’S
submission of monthly written invoices. Written invoices shall
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clearly itemize each charge and shall include a copy of time sheets
or invoices from SUB-CONSULTANTS or other appropriate documentation
to substantiate itemized charges. The payment of any compensation
to CONSULTANT hereunder shall be contingent upon performance of the
terms and conditions of this Contract to the satisfaction of the
City Administrator.
If the City Administrator determines that the work set
forth in the written invoice has not been performed in accordance
with the terms of this Contract CITY shall not be responsible for
payment until such time as the work has been satisfactorily
performed.
5. Additional Services. In the event that CITY should
request additional services not covered by the terms of this
Contract, said services will be provided by CONSULTANT and paid for
by CITY only after a fee for said services has been agreed upon
between CONSULTANT and City Administrator and the City Administrator
provides written authorization for the additional work.
6. Meet and Confer. CONSULTANT agrees to meet and confer
with CITY or its agents or employees with regard to services as set
forth herein as may be required by City Administrator to insure
timely and adequate performance of this Contract.
7. Indemnification. CONSULTANT hereby agrees to the
following indemnification clause:
To the fullest extent permitted by law (including, without
limitation, California Civil Code Sections 2782 and 2782.6),
CONSULTANT shall defend (with legal counsel reasonably acceptable to
the CITY), indemnify and hold harmless CITY and its officers,
designated agents, departments, officials, representatives and
employees (collectively “Indemnitees”) from and against claims,
loss, cost, damage, injury expense and liability (including
incidental and consequential damages, court costs, reasonable
attorney=s fees, litigation expenses and fees of expert consultants
or expert witnesses incurred in connection therewith and costs of
investigation) to the extent they arise out of, pertain to, or
relate to, the negligence, recklessness, or willful misconduct of
CONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly
employed by them, or anyone that they control (collectively
“Liabilities”). Such obligations to defend, hold harmless and
indemnify any Indemnitee shall not apply to the extent that such
Liabilities are caused in part by the negligence, or willful
misconduct of such Indemnitee.
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Notwithstanding the provisions of the above paragraph,
CONSULTANT agrees to indemnify and hold harmless CITY from and
against any and all claims, demands, defense costs, liability,
expense, or damages arising out of or in connection with damage to
or loss of any property belonging to CONSULTANT or CONSULTANT’S
employees, contractors, representatives, patrons, guests or
invitees.
CONSULTANT further agrees to indemnify CITY for damage to
or loss of CITY OF CARMEL-BY-THE-SEA property to the proportionate
extent they arise out of CONSULTANT’S negligent performance of the
work associated with this Contract or to the proportionate extent
they arise out of any negligent act or omission of CONSULTANT or any
of CONSULTANT’S employees, agents, contractors, representatives,
patrons, guests or invitees; excepting such damage or loss arising
out of the negligence of CITY.
8. Insurance. CONSULTANT shall submit and maintain in full
force all insurance as described herein. Without altering or
limiting CONSULTANT’S duty to indemnify, CONSULTANT shall maintain
in effect throughout the term of this Contract a policy or policies
of insurance with the following minimum limits of liability:
Commercial general liability insurance including but not
limited to premises, personal injuries, bodily injuries, products,
and completed operations, with a combined single limit of not less
than $1,000,000 per occurrence and $2,000,000 in the aggregate.
Professional Liability Insurance. CONSULTANT shall
maintain in effect throughout the term of this Contract professional
liability insurance with limits of not less than $1,000,000 per
claim and $2,000,000 in the aggregate. CONSULTANT will either
maintain or cause to be maintained professional liability coverage
in full force or obtain extended reporting (tail) coverage (with the
same liability limits) for at least three (3) years following CITY=S
acceptance of work.
Commercial automobile liability insurance covering all
automobiles, including owned, leased, non-owned, and hired
automobiles, used in providing services under this Contract, with a
combined single limit of not less than $1,000,000 per occurrence.
Workers’ Compensation Insurance. If CONSULTANT employs
others in the performance of this Contract, CONSULTANT shall
maintain workers= compensation insurance in accordance with
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California Labor Code section 3700 and with a minimum of $100,000
per occurrence for employer’s liability.
Other Insurance Requirements
A. All insurance required under this Contract must be
written by an insurance company either:
1) admitted to do business in California with a
current A.M. Best rating of no less than A:VI;
or
2) an insurance company with a current A.M. Best
rating of no less than A:VII
Exception may be made for the State Compensation
Insurance Fund when not specifically rated.
B. Each insurance policy required by this Contract shall
be endorsed to state that CITY shall be given notice
in writing at least thirty (30) days in advance of
any cancellation thereof, except CITY shall be given
TEN (10) days notice for nonpayment of the premium.
C. The general liability and auto policies shall:
1) Provide an endorsement naming CITY, its
officers, officials, and employees as additional
insureds under an ISO CG 20 10 07 04 or ISO 20 37 07
04 or their equivalent.
2) Provide that such insurance is primary and noncontributing
insurance to any insurance or selfinsurance
maintained by CITY.
3) Contain a “Separation of Insureds” provision
substantially equivalent to that used in the ISO form
CG 00 01 10 01 or their equivalent.
4) Provide for a waiver of any subrogation rights
against CITY via an ISO CG 24 01 10 93 or its
equivalent.
D. Prior to the start of work under this Contract
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CONSULTANT shall file certificates of insurance and
endorsements evidencing the coverage required by this
Contract with the City Administrator. CONSULTANT
shall file a new or amended certificate of insurance
promptly after any change is made in any insurance
policy which would alter the information on the
certificate then on file.
E. Neither the insurance requirements hereunder, nor
acceptance or approval of CONSULTANT’S insurance, nor
whether any claims are covered under any insurance,
shall in any way modify or change CONSULTANT’S
obligations under the indemnification clause in this
Contract, which shall continue in full force and
effect. Notwithstanding the insurance requirements
contained herein, CONSULTANT is financially liable
for its indemnity obligations under this Contract.
F. Any deductibles or self-insured retentions must be
declared to and approved by CITY. At the option of
CITY either: the insured shall reduce or eliminate
such deductibles or self-insured retentions as
respects CITY, its officers, officials, employees and
volunteers; or CONSULTANT shall provide a financial
guarantee satisfactory to CITY guaranteeing payment
of losses and related investigations, claim
administration, and defense expenses.
9. Ownership of Work. Upon completion of the work under this
Contract, ownership and title to all materials and deliverables
produced as part of this Contract will automatically be vested in
CITY and no further contract will be necessary to transfer ownership
to CITY.
10. Licensing. CONSULTANT represents that it is properly
licensed to perform the work specified under this Contract,
including but not limited to, possession of a current city business
license.
11. Termination. This Contract may be terminated by either
party upon thirty (30) calendar days written notice to the other
party. In the event of such termination CITY shall pay CONSULTANT
for all services performed to the satisfaction of CITY to the date
of receipt of notice of termination. An itemized statement of the
work performed to the date of termination shall be submitted to
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CITY. In ascertaining the services actually rendered hereunder up
to the date of termination of this Contract consideration shall be
given to both completed work and work in process of completion, and
to complete and incomplete drawings and other documents whether
delivered to CITY or in the possession of the CONSULTANT.
12. Agency. In performing the services specified under this
Contract CONSULTANT is hereby deemed to be an independent CONSULTANT
and not an agent or employee of CITY.
13. Authority of the City Administrator. CONSULTANT shall
perform all necessary services provided under this Contract and
outlined in the proposal and shall do, perform, and carry out said
work in a satisfactory and proper manner as determined by and to the
satisfaction of the City Administrator. The City Administrator
reserves the right to make changes, additions or deletions, to the
scope of work as deemed necessary or advisable to implement and
carry out the purposes of this Contract. The City Administrator is
authorized to execute change orders.
14. Responsibility of Consultant. By executing this
CONSULTANT represents and states to CITY that he/she possesses, or
will arrange to secure from others, all necessary professional
capabilities, experience, resources and facilities necessary to
provide to CITY the services contemplated under this Contract.
CONSULTANT further warrants that he/she will follow the current
generally accepted practices of the profession to make findings,
render opinions, prepare factual presentations, and provide
professional advice and recommendations regarding the project for
which services are rendered under this Contract.
15. Materials and Equipment. CONSULTANT shall furnish at
his/her own expense all materials and equipment necessary to carry
out the terms of this Contract.
16. Digital Files. CONSULTANT shall furnish copies of all
deliverables on compact disks (for example, final report) in digital
format. Files shall be compatible with the current versions used by
PC computers.
17. Audit Authority. CONSULTANT shall keep full and detailed
accounts and exercise such controls as may be necessary for proper
financial management under this Contract; the accounting and control
systems shall be satisfactory to CITY. CITY and CITY’S auditor
shall be afforded access to CONSULTANT’S records, books,
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correspondence and other data relating to this Contract. CONSULTANT
shall preserve these records, books, correspondence and other data
relating to this Contract for a period of four (4) years after final
payment, or for such longer period as may be required by law. In
addition, CONSULTANT agrees to make said records, books
correspondence and other data relating to this Contract available to
CITY at CITY’S principle place of business upon seventy-two (72)
hours advance written notice. The City Administrator, or his or her
designee, shall at all times have the right to inspect the work,
services, or materials. CONSULTANT shall furnish all reasonable aid
and assistance required by CITY for the proper examination of the
work or services and all parts thereof. Such inspection shall not
relieve CONSULTANT form any obligation to perform said work or
services strictly in accordance with the specifications or any
modifications thereof and in compliance with the law.
18. Notices. All notices herein provided to be given, or
which may be given by either party to the other, shall be considered
fully received when made in writing and deposited in the United
States mail, certified and postage prepaid, and addressed to the
respective parties as follows:
CITY: City Administrator
City of Carmel-by-the-Sea
P.O. Box CC
Carmel-by-the-Sea, CA 93921
CONSULTANT: Sherman Low
Neill Engineering Corporation
P.O. Box LL
Carmel-by-the-Sea, CA 93921
19. Entire Contract. This Contract constitutes the entire
contract between the parties hereto and supersedes any and all prior
contracts, whether oral or written, relating to the subject matter
thereof. Any modification of this Contract will be effective only
if it is in writing signed by both parties hereto.
20. Validity. If any provision in this Contract is held by a
court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions will continue in full force
without being impaired or invalidated in any way.
21. Assignment of Interest. The duties under this Contract
shall not be assignable, delegable, or transferable without the
prior written consent of CITY. Any such purported assignment,
44
delegation, or transfer shall constitute a material breach of this
Contract upon which CITY may terminate this Contract and be entitled
to damages.
22. Conflict of Interest. CONSULTANT shall at all time avoid
conflicts of interest, or the appearance of conflicts of interest,
in the performance of this Contract. CONSULTANT shall file
statements of financial interest on forms provided by CITY to the
extent and at the times required by CITY=S Conflict of Interest Code
and applicable law.
During the term of this Contract CONSULTANT shall not
directly or indirectly, either as a partner, employer, employee,
consultant, principal, agent or in any individual or representative
capacity, engage or participate in any business or voluntary
activity on behalf of any other party on any property located within
the City of Carmel-by-the-Sea without prior notification to City
Administrator.
23. Non-discrimination/Affirmative Action. CONSULTANT will
not discriminate against any employee or applicant for employment
because of race, creed, color, sex, age, national origin, marital
status, physical or other motor handicap, unless based upon bonafide
occupational disqualification.
CONSULTANT will take affirmative action to ensure that
applicants are employed and that employees are treated during
employment without regard to their race, creed, color, sex, age,
national origin, marital status, physical or other motor handicap.
24. Counterparts. This Contract may be executed in multiple
originals, each of which is deemed to be an original, and may be
signed in counterparts.
25. Laws. CONSULTANT agrees that in the performance of this
Contract it will reasonably comply with all applicable state,
federal and local laws and regulations. This Contract shall be
governed by and construed in accordance with the laws of the State
of California and the City of Carmel-by-the-Sea.
26. Attorneys Fees and Court Venue. Should either party to
this Contract bring legal action against the other, (formal judicial
proceeding, mediation or arbitration), the case shall be handled in
Monterey County, California, and the party prevailing in such action
shall be entitled to a reasonable attorney’s fee which shall be
45
fixed by the judge, mediator or arbitrator hearing the case and such
fee shall be included in the judgment, together with all costs.
27. Severability. If any term of this Contract is held
invalid by a court of competent jurisdiction the remainder of this
Contract shall remain in effect.
IN WITNESS WHEREOF, this Contract is entered into by the
parties hereto in Carmel, California, on the day and year first
above written.
CITY OF CARMEL-BY-THE-SEA
By: ________________________
Its: ________________________
CONSULTANT
By: ________________________
Its: ________________________
46
47
Exhibit A
Scope of Services Provided
CONSULTANT agrees to provide the following services as City
Engineer including , but not limited to, the following :
•
•
•
•
•
•
•
•
To be responsible for maintenance of a complete engineering
office for preparing of e ngineering designs and
specifications for City Capital Improvement Projects as
directed by City Administrator .
To perform City surveys and mapping as needed and as
di r ected by Ci ty Administrator.
To maintain City engineering fi l es .
To render advice to the City concerning grades and
elevations when requested.
To attend city Council meetings as needed .
To perform plan review as needed when requested by the City
Planning and Building Department .
To perform survey Parcel Map review and sign as City
Engineer for recordation as needed .
To render engineering advice concerning street improvements
and drainage issues when requested by the Ci ty Public
Works , Planning and Building Departments.
7
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Exhibi t B
CONSULTANT FEE SCHEDULE
NEILL ENGINEERS CORP.
Consulting Engineers
FEE SCHEDULE
MUNICIPALITIES AND GOVERNMENTAL AGENCIES
We have listed the hourly rates charged for civil engineering services performed. Many services are
provided at the hourly rate by professional and technical persons at the appropriate level for the difficulty,
risk and experience required. Services may also be provided on a cost of construction percentage, fixed
fee, or other basis.
2012 FEE SCHEDULE
Hourly Rates for Staff Members for Normal Assignment
Principal Engineer $156.00 per hour
Project Engineer $148.00 per hour
Staff Engineer/Surveyor $131.00 per hour
Engineering Technician $109.00 per hour
CADD Draftsperson $97.00 per hour
Field Observer $103.00 per hour
Administrative Assistant $73 .00 per hour
2-Man Field Survey Crew $189.00 per hour
3-Man Field Survey Crew $252.00 per hour
Blueprinting & Copying Cost+ 10%
Other Consultants Cost+ 10%
2013 FEE SCHEDULE
Hourly Rates for Staff Members for Normal Assignment
Principal Engineer $159.00 per hour
Project Engineer $151.00 per hour
Staff Engineer/Surveyor $134.00 per hour
Engineering Technician $111.00 per hour
CADD Draftsperson $99.00 per hour
Field Observer $105.00 per hour
Administrative Assistant $74.00 per hour
2-Man Field Survey Crew $193.00 per hour
3-Man Field Survey Crew $256.00 per hour
Blueprinting & Copying Cost + 10%
Other Consultants Cost+ 10%
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