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HomeMy WebLinkAboutReso 199-1984 RESOLUTION NO. 199-84 CITY COUNCIL, CITY OF SOUTHiSAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO FURNISH ENGINEERING SERVICES FOR SHAW ROAD/SAN MATEO AVENUE PUMP STATION IMPROVEMENTS AND INTERTIE PIPELINE. 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 Shaw Road/San Mateo Avenue Pump Station Improvements and Intertie Pipeline" between the City of South San Francisco and CH2M Hill California, Inc. 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. NOES: ! hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a reqular ~. meeting held on the 12th day of December , 19 84 , by the following vote: AYES- Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey, Gus Nicolopulos; and Roberta Cerri Teglia None ABSENT: None ATTEST: ~C~erk ~' A~REEME~T TO FURNISH ENGINEERING SERVICES FOR SHAW ROAD/SAN MATEO AVENUE PUMP STATION IMPROVEMENTS AND INTERTIE PIPELINE .. · ........ The AGREe_ ~EMENT, -entered into on _- ,]~n.~,r¥ lS. ; 1985 is · by and between the City. of South San .Francisco, ..hereinafter -- -.- . calle~ CITY and CH2M HI~ C~IFO~IA, INC. (A'californta- . . . ~..' 'Co~rat~0n), here~nafter callea. CONS~TANT, .... '-;~' . . . .-. . ..~ . -. .. . .. f, : . . . -.. .. . . . . oo 'i shall include 'the replacement or upgrade of pump electrical . '- controls and.the, in_stallat£~n ..o£. intertie pipeline~ ~' --.- between the two Dump stations. CONSULTANT shall provide design and constructEon management of the aforementioned improvements for the CITY. - · This AGREEMENT p~tains ....... to design and construction management services for .improvement~ of the'Shaw Road ~nd San · A~enue pump stations and ~ntertEe pipeline. Improvements ... .. : -._' -1- SECTION 2 - SCOPE OF WORK The ScOpe of Work shall be conducted in three 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: o Hydraulic Analysis - Review existing flow data to determine if the pump stations have adequate capacity. Also, future flow projections by the City will be reviewed for' affects on these pump stations. .Existing Pipeline Integrity - Review the existing intertie pipeline for age, condition, and maintenance record. New Intertie Pipeline - Evaluate alternatives to intertie flow from Shaw Road to the San Mateo Avenue pump station, including: A new intertie pipeline (4,000 ft. along Lowrie Avenue. A new force main (1,000 ft. _+) to the intersection of Shaw Road and Lowrie Avenue. -2- New valving will be installed to allow use of the existing intertie between Shaw Road and the San Mateo pump station. Pump Station Electrical Improvements - Review existing motor controls at the Shaw Road and~ San .. · "Mateo Avenue pump stations. Evaluate alternatives for improvement including consideration for ease of maintenance and energy efficiency. o .. Identify permits that will be needed for construc- tion. · o Prepare a construction cost estimate for the recommended project. Prepare application fo~ Pacific Gas and Electric (PG&E) energy incentives rebate programs, if appli- cable. .- Prepare a predesign report summarizing the findings and recommendations. The recommended project will be presented for complete or phased construction. Six (6) copies of the report will be submitted. 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 -3- TASK 3 - SERVICES DURING CONSTRUCTION The CONSULTANT will provide construction management services. Included will be: · 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 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 work 4 months from notice to proceed. The final design and construction services work schedule will be determined following predesign. The CON- SULTANT shall not be responsible for any delay in the completion of CONSULTANT's work on the proj'ect caused by acts of God or of the public enemy, act of the City, fire, floods, epidemics, quarantine restrictions, or strikes not caused by the unfair labor p~actices of CONSULTANT, or delays of subcontractors 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. -4- SECTION 4 - COMPENSATION. As consideration for providing the predesign engineering services enumerated in Section 2, the CITY shall pay the CONSULTANT the amount of the CONSULTANT'S Direct Salary ex- pended for the service, plus a percentage~ of Direct Salary for Salary Overhead, plus a percentage of..Direct Salary for General Overhead, plus direct expenses in connection there- with, plus a Fixed Dollar Profit, for a total cost not to exceed $23,700. Cost support data is shown on Attachment A. Compensation for final design and construction services Will be determined following predesign. It is further agreed that the above payments have been arrived at after meaningful negotiations between the CITY and CONSULTANT, and that the cost and pricing data used are complete, 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 ap- .proval of invoices by CITY. For the purpose of monthly pay- ment, the CONSULTANT's labor rates shall be those rates which are currently in use for the current year in which the ser- vices 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. -5- The CONSULTANT'S General Overhead Costs are defined as those g'eneral 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 fr~m 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. 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. -6- SECTION 6 - INSURANCE · The CONSULTANT shall take out and maintain during the life of this Agreement the following policies of insurance: Workers' Compensation and Employers' Liability Insurance .. providing full statutory coverage. In signing this ,. Agreement, the CONSULTANT makes the following certifica- · ti.n, 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." bo 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. Property Damage Insurance, in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for damage to the property of each person on account of any one occurrence. de 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 -7- 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 i'ts agents or . . employees. e. 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 S~n 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 sh~ll 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: "Notwithstanding any other provisions in this pol- icy, the insurance 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." -8- 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 damage for personal.or bodily injury, including but not limited ~o, death, as well as from claims'° for property damage which may arise as a result of CONSULTANT'S negligent activ- ! ities in performance of services under this Agreement, whether such services are performed by CONSULTANT or by any subcon' tractor br subconsultant, or by any one or more persons directly or indirectly employed by, or acting as agent for, CONSULTANT or any subcontractor or subconsultant, except for professional liability 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 sub- contractor's or subconsultant's negligent acts, errors, or omissions. C~nsultant additionally agrees to, ahd 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. SECTION 8 - NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. -9- Notices required to be given to CITY shall be addressed as follows: Mr. Robert S. Yee Director of Public Services 400 brand 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: a · 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; 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; initiation of new steps in the project; dissatisfaction with CONSULTANT's performance in CITY's sole discretion. -10- 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'~ork on the project (unless the noti6e 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 t~ 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 ma'terials as may have been accumulated by CONSULTANT in performing this Agreement, whether completed or in process. Upon te~min&tion.pursuant to this article, CITY' may take over th~ work and prosecute the same to completion by agree- ment with another party or. otherwise. Any work taken over by CITY for. completion by CITY w~ll be completed at CITY'S risk and. CITY will hold CONSULT~T harmless from all claims and damage ar£sing out of improper use of ENGINEER'S work. -. .. .. J', .. : · . · , · In wit~e~s Whereof, the follow£ng auiy autho=izea.-represenh ...... tatives of-the CITY and the' CONSULTANT have ~igned in con- firmatio~~ of this' ~Agreement. ' ' . '-City C.~erk ._ .? CITY: CITY OF SOUTH SAN FRANCISCO, A .MUNICIPAL c:.ty Manager_. CONSULTANT = CH2M HILL -' · CALIFORNIA,::. -INC.. SFA7/017 -12- Attachment A Cost Support Data Cities of South San Francisco/San Bruno Intertie Pipeline Project PREDESIGN FEE Labor Task (Mandays) _Pump Stations Review Existing Conditions Hydraulic Analysis Evaluate Improvement Alternatives Professional Technical Clerical , · 2 --. 8 1 Recommend Project 3 2 I Intertie Pipeline Inspect existing pipelines Hydraulic Analysis Evaluate Route Alternatives Geotechnical Study Summarize Recommendations in a Report Labor Cost Direct Expenses TOTAL PREDESIGN 3 1 7 1 5 4 8 2 3 38 11 4 $21,100 2,600 $23,700 SFA7/018