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