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HomeMy WebLinkAboutReso 89-1982RESOLUTION NO. 89-82 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TUDOR ENGINEERING COMPANY FOR THE MISSION AND EVERGREEN STORM DRAINAGE STUDY - PROJECT NO. SD-81-2 that: BE IT RESOLI/ED by the City Council of the City of South San Francisco 1. Execution of Agreement. Execution of an Agreement between the City of South San Francisco and the Tudor Engineering Company for a study of storm drainage problems in the Evergreen Watershed is hereby authorized, and a copy of said Agreement is attached hereto as Exhibit "A." 2. Signatures. The Mayor is authorized to execute said Agreement on. behalf of the City, and the City Clerk attest her signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a re.qular meeting held on the 4th day of August , 1982, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addie.qo, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None AGREEMENT This agreement, entered into on August 4, 1982 is by and between the' City of South San Francisco, hereinafter called City, and Tudor Engineering Company, a California corporation, hereinafter 'called Consultant. SECTION 1: GENERAL This Agreement pertains to a study of storm drainage problems in the Evergreen Watershed, Project No. SD-81-2. The service to be performed shall result in a report that sets forth the drainage problems and proposed solutions to such problems. An interim report will be presented to identify corrective activities that could be done before the winter storms. SECTION 2: SCOPE OF WORK The services which the Consultant agrees to perform as a part of the project are generally described in the Outline of Scope of Services, attached hereto as "Exhibit A," and incorporated herein by this reference. SECTION 3: TIME OF PERFORMANCE Consultant shall begin work upon written notice by City to proceed. Consultant agrees to complete the interim report within thirty {30) days from the Notice to Proceed. A draft preliminary planning report will be completed ninety (90) days from the Notice to Proceed. SECTION 4: COMPENSATION In consideration for services described in Section 2 and in Exhibit A, the City agrees to pay the Consultant on a "Time and Expenses" basis up to an amount of Fourteen Thousand Dollars ($14,000), which shall not be exceeded without the City's prior written approval. SFNBI-AGR19-420 The compensation due under the Time and Expenses method shall be equal to the "Salary Cost," multiplied by the "Multiplier," plus "Direct Non- Salary Expenses" attributable to the Project, plus ten percent (10%) of the Direct Non-Salary Expenses; as said terms are defined herein. (1) Salary Cost shall mean the sum of the cost of direct wages incurred by Tudor of personnel directly engaged in the performance of the Engineering Services and salary additives which include, but are not limited to, sick leave, vacation', holiday, military leave, and jury duty pay,. unemployment insurance, excise and payroll taxes, contributions for social security, worker's compensation insurance, deferred compensation, retirement benefits, group life and medical insurance. Salary Cost shall be computed by multiplying actual direct wages as described above by a factor of 1.42. (2) The Multiplier shall mean a factor of 2.0. It compensates Tudor for overhead and profit. (3) Direct Non-Salary Expenses Shall mean ~nd include the following: (a) Identifiable costs of services directly applicable to the Project such as consultants, surveys, and other subcontractors, computer rental and program costs, and similar costs. Mileage reimbursement at Consultant's prevailing rate per mile when vehicles are used. (b) Identifiable communication expenses applicable to the Project, such as long distance telephone. (c) Identifiable reproduction costs applicable to the Project, such as printing, copying, photostating, multilithing, binding, and similar costs. The Consultant will submit copies of receipted bills and other documents in support of its allocation of reimbursable expenses. The Consultant will submit copies of receipted bills and other documents in support of its allocation of reimbursable expenses. S FNBI-AGR 19-420 SECTION 5: METHOD OF PAY~NT The Consultant shall submit monthly invoices to the City for services performed and reimbursable expenses incurred, and City shall render payment to Consultant based upon said invoices, contingent upon approval by City as to Performance of the work and within thirty (30) days of submittal. SECTION 6: OWNERSHIP OF DOCUMENTS The City shall have full and complete access to the Consultant's calculations, drawings, specifications and other documents during progress of the work. All such documents prepared by the Consultant shall become the property of the City at the completion of the project. The Consultant may retain a copy of all material produced under this Agreement for' its use in its general business activities. SECTION 7: CITY FURNISHED MATERIAL The City agrees to make available to the Consultant all drawings, specifications and other existing documents pertaining to the project. SECTION 8: INSURANCE The Consultant agrees to provide and maintain the following insurance during the duration of the project: 1. Workers' Compensation as required by law. 2. Comprehensive General Liablity Insurance with limits not less than $100,000 each occurrence. Such policy shall include contractual liability and completed operations coverage. 3. Comprehensive Automobile Liability Insurance, with limits not less than $300,000 each occurrence and $50,000 property damage liability for each occurrence. 4. Professional Liability Insurance, with limits not less than $100,000 for any one claim. SFNBI-AGR19-420 ' As a provision of the Comprehensive General Liability Insurance and the Comprehensive Automobile Liability Insurance, the Coverage s{tall include, as additional insured under the policies, the City, its elective and appointive boards, commissions, officers, agents and employees wit{t respect to work performed by the Consultant. The insurance policies provided for in this Section which include the City, its elective and appointive boards', commissions, officers, agents and employees as an additional insured shall contain the followimg endorsement:. "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any' other insurance or reinsurance covering or available to the City of South San Francisco, and such other insuramce or re{nsurar~ce shall not be required to contribute to any liability or loss until and unless the approximate limit of liability' afforded hereunder {s. exhaust ed." As evidence of said coverage the Consultant shall forward Certificates of Insurance, upon request, which shall include a provision for a cancellation notice of not less than thirty (30) days, directed to the City. Further, the Consultant shall, upom request, submit for inspect~om any such insurance policies to the City. SECTION 9: RESPONSIBILITY; INDEMNIFICATION .' Consultant shall indemnify, save harmless, and at City's request, defend City, its employees, agents, and representatives from and aga~mst: all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses including reasonable attorney's fees or obligations, for or in connection with injury or damage to any persom, or property which arises out of or is in any way connected with the negligent act, error or omission of Consultant and its agents, subcontractors, or employees as a result of Consultant's rendition of services under this Agreement. SFNBI-AGR19-420 SECTION 10: USE OF SUBCONTRACTORS Unless written approval from the City is received, the Cousultant · shall not subcontract'any services other than those specifically uote~ in this Agreement and except for service firms engaged in reproduction, typing. and printing. Consultant shall be solely responsible for reimbursing any subcontractors and the City shall have no obligation to them. SECTION 11: ASSIGNMENT Consultant shall not assign any of its rights nor transfem any of its obligations under this Agreement without the prior written consent of the City. SECTION 12: ADDITIONAL SERVICES Consul tant may perform Add it ional Services, other than those stipulated in the attached Exhibit A, if requested by the City. Consultant shall not proceed with performance of such services without written Notice . to Proceed. Compensation for any such Additional Services shall be as agreed to by both parties to this Agreement. SECTION 13: TERMINATION The City may terminate this Agreement upon ten (10) days written notice to the Consultant in the event of substantfal failure by the Consultant to perform in accordance with the terms of this Agreement through no fault of the City. In the event of Termination, the Consultant shall deliver to the City all work products completed to date, and shall be paid by the City for all services performed to date in accordance with terms o·f the Agreement. SFNBI-AGR19-420 IN WITNESS WHEREOF, duly authorized representatives of the City and the Consultant have signed in confirmation of this Agreement as of the day and year above written. CITY OF SOUTH SAN FRANCISCO 400 Grand Avenue South San Francisco, California 94080 Ti t 1 e Mayor ATTEST: ACCEPTED- TUDOR ENGINEERING COMPANY' 149 New Montgomery Street San Franci_sco,.Cal!.fornia 94115 Executive Vice Pres~/ Title Title Assistant Secretary SFNBI-AGR19-420 "Ill 'l II) .EXHIBIT A SCOPE OF SERVICES The work to be done as part of this, agreement will be accomplished as described below: 1. Inspect in the field and review past reports and plans of both the developed and undeveloped portions of the Evergreen drainage basin with particular attention to the existing storm sewer system. This would include areas within: City of South San Francisco Town of Colma ' Unincorporated San Mateo County 2. Identify hydraulic and hydrologic problems of the present drainage, in particular: Siltation and Debris Source Manner in which it impacts on the drainage system Extent and magnitude of the problem Flooding Source and magnitude of flood waters Capacity of present drainage system Outlet and pipe plugging problems Extent, depth and frequency of flooding 3. Investigate alternative solutions to the identified drainage problems. Solutions considered will include: SFNBI-AGR19-420 Flood flow detention basins Siltation ponds and traps Land treatment for soil conservation Trashracks and barriers PreSsure storm sewer Bypass and independent sewer lines Relocated Colma creek outfall structure 4. Identify any mitigating actions which would reduce the siltation and/or flood problem and which could be done by the .City pri'or to these winter storms. These interim findings will be presented to the City staff in a letter report including necessary sketches. Consultant will furnish' four copies of the interim report to the City. 5. Analyze the basin hydrology under 10- and 50-year flood flow design conditions or other recurrence intervals as required. Provide inflow and outflow hydrographs for potential flood detention ponds. Route the flows through, the storm sewer system and analyze alternative hydraulic designs for the Colma Creek outfall structure under flood conditions. 6. Select, in consultation with the City staff, the two best alternative plans that are effective in reducing the problem. 7. After further detail analysis, a recommended plan will be selected and planning level design drawings prepared. 8. Prioritize segments of the proposed construction effort on the basis of urgency and consistent protection, and provide plamning level cost estimates for the individual project segments covering final design, construction, inspection, contract administration, and subsequent operation and maintenance costs, but excluding land and right-of-way cost. SFNBI-AGR19-420 9. Deliver a draft report on the foregoing to the City within 90 days of Notice to Proceed, to include: Statement of problems Alternative solutions Recommended solut ions Plans and drawings Cost estimates Proposed implementation schedule 10. Finalize report after incorporating City's comments and make one . presentation to City Council. Assuming City's comments are received within 15 days of receipt of draft report, the final report can be provided within four months from the Notice to Proceed.. Consultant will deliver 25 copies of the final report to the City. 11. ConSultant will meet with City on an as needed basis. The planning report will be in sufficient detail to select individual projects and proceed with the preparation of construction contract documents. Detailed ground surveys, not included in this planning effort, would be made at that time to provide a reliable basis for detailed design. Approximate locations of right-of-ways, easements and utilities shall be those shown on the drawings readily availabIe from the appropriate agencies. Verification of these locations should be made at the time of the detailed ground surveys. In the performance of its services hereunder, the Consultant shall exercise that degree of skill, and judgment commensurate with that which is normally exercised by recognized professional engineering firms with respect to services of a similar nature, including compliance with applicable federal, state and local laws, ordinances and regulations. SFNBI-AGR19-420