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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