HomeMy WebLinkAboutReso 136-1984 RESOLUTION NO. 136-84
·
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND CH2M HILL ENTITLED "AGREE-
MENT TO FURNISH ENGINEERING SERVICES FOR
INFLUENT PUMP STATION IMPROVEMENTS"
· ·
BE IT RESOLVED by the City Council of the City of South San Francisco that'
1. Approval of Agreement.
The Agreement entitled "Agreement to Furnish Engineering Services for
Influent Pump Station Improvements" between the City of South San Francisco and
CH2M Hill is hereby approved, and a copy of said Agreement is attached hereto
as Exhibit "A".
2. Execution of Agreement.
The City Manager is hereby authorized to execute said Agreement on behalf
of the City and the City Clerk attest his 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 regular
meeting held on the 12th day of September , 1984, by the following vote'
AYES'
NOES-
ABSENT'
Councilmembers Emanuele N. Damonte, Gu~ Nir. olnp,Jln~; and
Roberta Cerri Teglia i .
None
· _
Councilmembers Mark N. Addi~go ~n~ Rib. hard A. Naff~y
ATTEST'
AGREEMENT TO FURNISH ENGINEERING SERVICES
FOR INFLUENT PUMP STATION IMPROVEMENTS
The AGREEMENT, entered into on September 12 , 1984 is
by and be%ween the City of South San Francisco, hereinafter
called CITY and CH2M HILL CALIFORNIA, INC. (A California
Corporation), hereinafter called CONSULTANT.
It is mutually agreed by CITY and CONSULTANT as follows:
SECTION 1 - GENERAL
This AGREEMENT pertains to design and construction management
services for improvements of the Influent Pump Station at
the South San Francisco-San Bruno Water Quality Control Plant.
Improvements shall include the replacement or upgrade of
pumps, and the replacement of the control system for all
three pumps. CONSULTANT shall provide design and construc-
tion management of the aforemeqtioned improvements for the
CITY.
C£1~'[~AL RECORDS
FILE NO.: ........................
SECTION 2 - SCOPE OF WORK ,
The Scope of Work shall be conducted in four tasks as set
forth in the following. The work .in each task shall begin
only with prior written authorization from the CITY.
TASK 1 - PREDESIGN STUDY
The CONSULTANT shall perform a predesign study' to analyze
·
project alternatives and make recommendations...Included in
the predesign study are:
Analyze the pump station capacity and determine if
upgrading of station is needed.
Evaluate alternative pump cOntrol systems includ-
ing adjustable frequency and slip energy recovery
drives.
Prepare preliminary layouts for the upgraded pump
station and associated support Systems.
Prepare application for Pacific Gas & Electric' s
(PG&E) .customized energy rebate program.
·
Estimate construction cost and anticipated energy
savings for 'the chosen modifications.
Prepare'a report summarizing the findings and rec-
ommendations.
-2-
TASK 2 - PREPARE DESIGN DRAWINGS AND SPECIFICATIONS
Upon written notice 'by CITY to proceed, CONSULTANT shall
prepare design, drawings, and specifications for equipment
installed under this project. CONSULTANT shall prepare:
Design' drawings and SpeCifications for the'selected
project. The reproducible documents' will be suit-
able for general bidding..
o Cost estimate of the construction project
TASK 3 - SERVICES DURING CONSTRUCTION
~ . .
The CONSULTANT will provide construction management services.
Included will be:
·
O Assistance during bidding
Shop drawings review for conformance with plans
and specifications
Periodic construction review, as requested by the
CITY.
Recommend approval of progress payments and accep-
tance of the completed project
TASK 4 - OPERATION AND MAINTENANCE MANUAL
The CONSULTANT will prepare a supplement to the existing
operation and maintenance manual for all equipment installed
under this project. The CONSULTANT shall present the CITY
with six (6) copies of the ~operation and maintenance manual
supplement.
-3-
SECTION 3 - TIME OF PERFORMANCE
CONSULTANT shall begin work following execution of this Agree-
ment and upon written notice by CITY to proceed. CONSULTANT
agrees to complete the predesign and final design work within
4 months from notice to proceed. Construction services shall
·
be for the duration of the project construction. The~CON-
SULTANT shall not be responsible for any delay in the comple-
tion of CONSULTANT's work on the project caused by acts-of
GOd or'of the public enemy, act of the City, fire, floods,
epidemics, quar'antine restrictions, or strikes not caused by
the unfair labor practices of CONSULTANT, or delays-of sub-
contraCtors due to such causes; provided that the CONSULTANT
shall, within ten (10) days from the beginning of any such
delay, notify the CITY in writing of the causes of delay.
SECTION 4 - COMPENSATION
As consideration for providing the engineering services enu-
merated in Section 2, the CITY shall ~pay the CONSULTANT the
amount of the CONSULTANT'S Direct Salary expended for the
service, plus a percentage of Direct Salary for Salary Over-
head, plus a percentage of Direct Salary for General Over-
.
head, plus direct expenses in connection therewith, plus a
Fixed Dollar Profit, for~a total cost not to exceed $29,700.
Cost support data is shown on Attachment A.
it is further agreed that the above payments have been ar-
rived at after meaningful negotiations between the CITY and
CONSULTANT, and that the cost and pricing data used are com-
plete, current, and accurate.
Compensation will be in the form of monthly payments by CITY
to CONSULTANT for services performed and expenses incurred,
as described in monthly invoices by CONSULTANT and upon
-4-
approval of invoices by CITY. For the purpos~ of monthly
payment, the CONSULTANT's~ lab°r rates shall be those rates
which are currently in use for the current year in which the
services are performed..
·
-The CONSULTANT'S salary costs are.defined as the amount of
direct wages and salaries of the CONSULTANT'S employees work-
ing on the Project, plus a percentage of such Wages or sal-
aries to cover all taxes, payments,-and premiums measured by
or applicable at the time of performance to such wages or'
salaries, such as, but not limited to, Workers' Compensation
Insurance, Social Security, State and Federal unemployment'
insurance, medical-hospital insurance, salary continuation
insurance, pension plan costs, and pro-rate allowances for
vacation, sick leave, and holiday pay.
The CONSULTANT'S General OVerhead Costs are defined as those
general and administrative costs, exclusive of salary cost
overheads, that are aCtually incurred by the CONSULTANT dur-
ing that period of performance of the services.
The CONSULTANT'S direct expenses are defined as the costs
incurred on or directly for the Project, other than the sal-
ary costs and General. Overhead Costs (as defined hereinbe-
-fore). Such direct expenses shall be computed on the basis
of actual purchase price for items obtained from commercial
sources and on the basis of usual commercial charges for'
items provided by the CONSULTANT. Direct expenses shall
include, but not be limited to, necessary transportation
costs, including mileage at the ENGINEER'S current rate per
mile when the CONSULTANT'S own automobiles are used, meals
and lodging, laboratory tests and analyses, computer ser-
vices, word processing, telephone, printing, binding, and
multilith charges.
-5-
SECTION 5 - PAYMENT
The CONSULTANT shall submit monthly invoices for services
performed and expenses incurred, and CITY shall make payments
· to CONSULTANT based upon said invoices, contingent upon ap-
proval'by CITY as.to performanCe of the Work, and Within
.
30 days of submittal. ~
·
·
SECTION 6 - INSURANCE
The CONSULTANT shall take out and maintain during the life
of this Agreemen~ .the foil°wing,policies of insurance:
Workers' Compensation and Employers' Liability Insurance
providing full statutory coverage. In signing this
A.greement, the CONSULTANT makes the following certifica-
tion, required by Section 1861 of the California Labor
Code:
"I am aware of the provisions of Section 3700 of
the California Labor Code Which require every em-
~ployer ~to be insured against liabilitY for workers'
Compensation or to undertake self-insurance in
accordance with the provisions of the Code, and I
.will comply with such provisions before commencing
the performance of the work of this Agreement."
Public Liability Insurance, in an amount not less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for
injuries including,'but not limited to death to any one
person and subject to the same limit for each person,
.in an amount not.less than ONE MILLION DOLLARS
($1,000,000.00) on account of any one occurrence.
-6-
Ce
de
ee
Property Damage Insurance, in an amount hot less than
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for damage
to the property of each person on account of any one
occurrence.
cOntractual Liability Insurance, CONSULTANT shall take
out and maintain during the life of this Agreement an
insurance policy in the amount of at least ONE MILLION
.
DOLLARS ($1,000,000.00), insuring City, its elective
and appOintive boards, commissions, officers, agents
and employees, and CONSULTANT against damages sustained
by reason of any action or actions at law or in equity,
and/or any claims or demands by reason of any breach or
alleged breach of any contract, or provisions thereof,
or by reason of any contractual liability, or alleged
'contractual liability arising out of'any contract en-
tered into by CONSULTANT and/or any of its agents or
.employees.
·
It is agreed that the insurance required by Subsec-
tions b, c and d shall be extended to include as addi-
tional insured the City of South San Francisco, its
elective and appointive boards, officers, agents and
employees, with respect to operations performed bY the
CONSULTANT, as described herein. Evidence of this in-
surance described above shall be provided to City upon
execution of this.Agreement and shall be subject to
approval by the City Attorney as to form, amount and
carrier. The policy of insurance shall also contain a
provision indicating that such. insurance shall not be
reduced or cancelled except upon thirty (30) days writ-
ten notice to City. In addition, the following endorse-
ment shall be made on said policy of insurance:
·
-7-
"Notwithstanding any other provisions in this pol-
icy, the i~surance afforded hereunder to the-City
of South San Francisco shall be primary as to any
Other insurance or reinsuranCe covering or avail-
able to the City of South San Francisco, and such
Other insurance or reinsurance shall'not be re-~
quired to contribute to any liability or loss
until and unless the approximate limit-of liabil-
ity afforded hereunder is exhausted."
SECTION 7 - HOLD-HARMLESS AGREEMENT
CONSULTANT hereby agrees to, and shall, hold, CITY,.its elec-
tive and appointive boards,, agencies, officers, agents, and
employees harmless form'any liability for.damage or claims
for da~.age for personal or bodily injury, including death,
as weli as from claims for property damage which may arise
as a result of CONSULTANT'S negligent activities in perfor-
mance of services under this Agreement, whether such ser-
· vices by CONSULTANT or by any subcontractor or subconsul-
rant, or by any one or more persons directly or indirectly
employed by, or acting as agent for, CONSULTANT or any sub-
contractor or subconsultant, except for professional lia-
bility or sole negligence of the CITY. For professional
liability, CONSULTANT agrees to indemnify and hold the CITY,
its elective and appointive boards, agencies, officers,
·
agents, and employees harmless from all claims, costs, and
damages arising from CONSULTANT'S or its subcontractor's or
subconsultant'-s negligent acts, errors, or omissions.
Consultant additionally agrees to, and shall defend CITY and
its elective and appointive boards, agencies, officers,
agents, and employees from any suits or actions at law or in
equity for damages caused, or alleged to have been caused,
by reason of any of the aforesaid services.
-8-
SECTION 8 - NOTICES
Ail notices shall be in writing and delivered in person or
transmitted by certified mail, postage prepaid.
Notices required to be given to CITY shall be addressed as
~follows:
Mr. Robert S. Yee
Director of Public Services
400 Grand Avenue
P.O. Box 711
South San Francisco, California 94080
Notices required to be given to CONSULTANT shall be addressed
as follows:
Mr. Raymond Yep
Project_Manager
CH2M HILL
2200 Powell Street, 8th Floor
Emeryville, California 94608
SECTION 9 - TERMINATION
.This Agreement may be terminated:
In whole or in part in writing by either party in the
event of substantial failure by the other party to ful-
fill its obligations under this Agreement through no
fault of the terminating partY;
0
In whole~ or in· part by CITY for its convenience for
good cause. Good .cause shall include, but not be lim-
ited to, legal or financial reasons; major changes in
the work or project requirements; initiat, ion of new
steps in the project; dissatisfaction with CONSULTANT's
perfOrmance in CITY's sole discretion.
Termination of this Agreement shall be effective ten (10)
calendar days following the nOtice of transmittal' of termina-
tion in writing by certified mail, return receipt requested
to the other party.
Upon receipt of notice of termination, CONSULTANT shall
promptly cease work on the project (unless the notice directs
otherwise)~ and cancel services or products which CONSULTANT
had ordered in accordance with this Agreement.
CONSULTANT shall be compensated for all work performed.prior
to time of receipt of notice of termination, and shall be
compensated for materials.ordered by the CONSULTANT or its
employees, or services of others ordered by the CONSULTANT
or its employees, or services of others ordered by the CON-
SULTANT or its employees prior to receipt of notice of ter-
mination whether or not such materials or final instruments
or services of others have actually been delivered, provided
that CONSULTANT. is not able to'cancel such orders for mate-
rials or services of others.
CITY shall compensate CONSULTANT in the event of termination'
based upon the amounts established by this Agreement and
attachments hereto. Where the provisions of this Agreement
cannot be applied, the payment shall be based upon reason-
able estimated percentage of the work completed.
In the event of termination, CONSULTANT shall deliver or
otherwise make available to CITY all data, drawings, speci-.
fications, reports, estimates, summaries, and other such
information and materials as may have been accumulated by
-10-
CONSULTANT in performing this Agreement, whether completed
or in process.
Upon termination'pursuant to this article, CITY may take
over the work and prosecute the same t° completion by agree-
ment With another party or otherwise. Any work taken over
by CITY for comPletion by CITY will be completed at CITY'S
risk and CITY will hold CONSULTANT harmless from all claims
and damage arising out of .improper'use of ENGINEER'S work.
In witness.whereof, the following duly authorized represen-
tatives of the CITY and the CONSULTANT have signed in con-
firmation of this Agreement. ,' '
Dated-
October 9, 1984
· City Clerk
CITY: CITY OF SOUTH SAN
.. FRANCISCO, A MUNICIPAL
CORPORATION
ulty Manager
CONSULTANT: CH2M HILL
~ ' CALIFOrnIA, INC.
ec
SFAT/008