Loading...
HomeMy WebLinkAbout2010-023 AECOM CITY OF ATASCADERO min F. a 1-0M 7 CONTRACT FOR AECOM for Head-works / Bar-screen Project a e c®ryt r a li 1979 7 CAAD CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO AECOM THIS CONTRACT is made and entered into between City of Atascadero, a Municipal Corporation ("City") and AECOM ("Consultant") City and Consultant agree as follows 1 SCOPE AND STANDARDS A. CONTRACT Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to complete the services described in the SCOPE OF WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this reference as Exhibit A, as requested by the City This Contract and its exhibits shall be known as the "Contract Documents " Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein 2 EMPLOYMENT STATUS OF PERSONNEL A. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONSULTANT Consultant enters into this Contract as, and shall at all times remain as to the City, an independent contractor and not as an employee of the City Nothing in this Contract shall be construed to be inconsistent with this relationship or status Any persons employed by Consultant for the performance of services pursuant to this Contract shall remain employees of Consultant, shall at all times be under the direction and control of Consultant, and shall not be considered employees of City All persons employed by Consultant to perform services pursuant to this Contract shall be entitled solely to the right and privileges afforded to Consultant employees and shall not be entitled, as a result of providing services hereunder, to any additional rights or privileges that may be afforded to City employees 658615 1 DRAFT 06/4/01 4.33 PM 2 1 i i City of Atascadero AECOM discipline, determining required training, maintaining personnel files, and other matters relating to the performance of services and control of personnel The City Manager may use any reasonable means to monitor performance and the Consultant shall comply with the City Manager's request to monitor performance B PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS The City acknowledges that the Consultant may be obligated to comply with bargaining agreements and/or other agreements with employees and that the Consultant is legally obligated to comply with these Contracts It is expressly the intent of the parties and it is agreed by the parties that the Consultant's performance shall not in any manner be subject to any bargaining agreement(s) or any other agreement(s) the Consultant may have covering and/or with is employees C APPROVAL OF STAFF MEMBERS Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Contract. Consultant shall notify City of any changes in Consultant's staff to be assigned to perform the services required under this Contract and shall obtain the approval of the City Manager of a list of all proposed staff members who are to be assigned to perform services under this Contract prior to any such performance 6 TERMINATION A. 30 DAYS NOTICE The City, upon thirty (30) days written notice, may terminate this Contract, without cause, at any time In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Contract up to the date of termination B OBLIGATIONS SURVIVE TERMINATION Notwithstanding any termination of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined All of the indemnification, defense and hold harmless obligations in this Contract shall survive termination 7 CHANGES The City or Consultant may, from time to time, request changes in the scope of the services of Consultant to be performed hereunder Such changes, including any increase or decrease in the amount of Consultant's compensation and/or changes in the schedule must be authorized in advance by both Parties in writing Mutually agreed changes shall be incorporated in written amendments to this Contract. Any increase in the amount of Consultant's compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by the City Manager re, 5/1/06 4 "192119.3 City of Atascadero AECOM Contract, the City has the right to reimbursement and indemnity from party releasing such information for any damages caused by the releasing party's, including the non- releasing party's attorney's fees and disbursements, including without limitation expert's fees and disbursements C COOPERATION City and Consultant shall promptly notify the other party should Consultant or City, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Contract and the work performed thereunder or with respect to any project or property located within the City City and Consultant each retains the right, but has no obligation, to represent the other party and/or be present at any deposition, hearing or similar proceeding Consultant and City agree to cooperate fully with the other party and to provide the other party with the opportunity to review any response to discovery requests provided by Consultant or City However, City and Consultant's right to review any such response does not imply or mean the right by the other party to control, direct, or rewrite said response 11 PROVISION OF LABOR, EQUIPMENT AND SUPPLIES A. CONSULTANT PROPERTY Consultant shall furnish all necessary labor, supervision, equipment, communications facilities, and supplies necessary to perform the services required by this Contract. City acknowledges that all equipment and other tangible assets used by Consultant in providing these services are the property of Consultant and shall remain the property of Consultant upon termination of this Contract. B SPECIAL SUPPLIES City shall be responsible for supplying any special supplies, stationary, notices, forms or similar items that it requires to be issued with a City logo All such items shall be approved by the City Manager and shall be provided at City's sole cost and expense 12 COMPLIANCE WITH LAW A. COMPLIANCE REQUIRED Consultant shall keep itself informed of applicable local, state, and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Contract. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. Consultant shall at all times hold a valid contractor's license if performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business and Professions Code, and Consultant shall provide a copy of the license(s) upon the request of the City The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of consultant to comply with this section re,, 5/1/06 6 792119.3 City of Atascadero AECOM B INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which consultant is legally liable, including but not limited to officers, agents, employees or sub- consultants of Consultant. C GENERAL INDEMNIFICATION PROVISIONS Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section for each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder This obligation to indemnify and defend City as set forth here is binding on the successor, assigns or heirs of Consultant and shall survive the termination of this agreement or this section D INDEMNITY PROVISIONS FOR CONTACTS RELATED TO CONSTRUCTION Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City of liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City 17 INSURANCE Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit E attached to and part of this agreement. 18 RECORDS Consultant shall maintain complete and accurate records with respect to labor costs, material expenses, parcels abated or serviced and other such information required by City that relates to the performance of services under this Contract. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such rev 5/1/06 8 7921 19.3 City of Atascadero AECOM y E ENTIRE CONTRACT This Contract constitutes the entire Contract and understanding between the parties relative to the services specified herein and there are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in this Contract and this Contract supersedes all prior understandings, agreements, courses of conduct, prior dealings among the parties and documentation of any kind without limitation F AMENDMENTS This Contract may be modified or amended, or any of its provisions waived, only by a subsequent written agreement executed by each of the parties The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void G CONSTRUCTION AND INTERPRETATION Consultant and City agree and acknowledge that the provisions of this Contract have been arrived at through negotiation and that each party has had a full and fair opportunity revise the provisions of this Contract and to have such provisions reviewed by legal counsel Therefore, any ambiguities in construing or interpreting this Contract shall not be resolved against the drafting party The titles of the various sections are merely informational and shall not be construed as a substantive portion of this Contract. H. WAIVER The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this Contract shall not be deemed a wavier with respect to any subsequent default or other matter SEVERABILITY The invalidity, illegality or unenforceability, of any provision of this Contract shall not render the other provisions invalid, illegal or unenforceable I. NOTICES All invoices, payments, notices, demands, requests, comments, or approvals that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by rev 5/1/06 10 792119.3 City of Atascadero AECOM CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I have complied or will comply with such provisions before commencing the performance of the work of this contract. (Cal. Labor C §§1860, 1861 ) CONSULTANT Jon Hanlon, Managing Engineer rev 5/1/06 1� 7921 19.3 City of Atascadero AECOM EXHIBIT A Scope of Work TASK 10 PRELIMINARY ENGINEERING AND DESIGN 1.2 The Consultant will collaborate with the City to determine the best course of action for obtaining additional survey data, if necessary 1.3 Data Review and Hydraulics Evaluation. Using the existing survey of the WWTP, available data, previous design drawings, and input from City staff, the Consultant will evaluate hydraulics and provide an opinion of the effects of the proposed improvements on plant and lift station hydraulics, and will identify modifications that may be needed in support of the project. 14 Preliminary Design Report. Following the hydraulics evaluation, the Consultant will develop a preliminary design for the headworks site including connection to the existing influent force mains, influent distribution structure, flow metering, bypass distribution structure, replacement influent piping to the aerated pond, bypass piping from the distribution structure to the facultative pond, and septage receiving facilities. Continuous belt-type mechanical bar screens and washer/compactors will be specified. The preliminary design will specify connection of headworks equipment to the existing MCC near the southwest bank of the aerated pond and specified equipment will be compatible with the City s telemetry system. Septage receiving facilities will consist of a paved connection area where septage haulers would connect to new septage receiving facilities in order to pump septage to the new headworks site. The receiving station will incorporate a septage flow meter that will totalize septage quantity received. The Consultant will document mayor design features, equipment components, and outline operation of headworks and septage receiving facilities in a preliminary design report. A preliminary cost opinion will be included with the report. Preliminary drawings of improvements will include a site plan, headworks facilities, piping plan and locations of proposed connections, and septage receiving facilities. The Consultant will submit the preliminary design report and drawings for review and comment by the City The Consultant will meet with City staff to review the preliminary design with the City Following the meeting with the City the Consultant will review a consolidated set of comments and/or markups received from the Clay and address the City s comments to finalize the preliminary design. TASK 2.0 LIFT STATIONS 3 AND 5 SOLIDS MANAGEMENT TECHNICAL MEMORANDUM The Consultant will meet with City staff to review issues with solids at influent lift stations 3 and 5 The Consultant will evaluate the feasibility of constructing improvements or modifications to the influent lift stations to improve the management of inorganic solids. The Consultant will prepare a technical memorandum to City staff summarizing issues, alternatives for improving solids management, recommendations, and cost opinion for recommended improvement. rev 5,1/06 14 7921193 City of Atascadero AECOMA-1-24W- Optional Services The following optional services are not included under above scope of work, but can be provided at Client s request for additional fee ❑ Procurement documents for headworks equipment (stand-alone technical specifications) ❑ Bid-phase services ❑ Construction schedule review ❑ Contractor submittal and shop-drawing review ❑ Contractor progress pay estimates and payment recommendations ❑ Change order management and requests for information ❑ Full or part-time Construction Observation ❑ Review and response to Contractor Change Orders ❑ Construction Phase Geotechnical Consultation, Inspection(subconsultant) ❑ Materials Testing (subconsultant) ❑ Reporting and record-keeping ❑ Preparation of As-built Drawings Entitled to Rely, Consistent with the professional standard of care and unless otherwise expressly provided herein, Consultant shall be entitled to rely upon the accuracy of data and information provided by City or others without independent review or evaluation City agrees that Consultant shall not be responsible for errors or omissions contained in drawings or specifications prepared by others Opinions of Construction Cost: Any opinion of the construction cost prepared by Consultant represents its judgment as a design professional and is supplied for the general guidance of the City Since Consultant has no control over the cost of labor and material or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City Contractor Indemnification/Additional Insured Status City will include in the general conditions of any construction contract, language which states that the construction contractor is required to hold harmless and defend the City, Consultant, and their agents, employees and consultants, from all suits and actions, including attorneys fees, and all costs of litigation and judgments of any nature and description arising out of or their agents, employees and consultants shall also be named as additional insureds in any construction contractor's insurance policies Hazardous Materials: In providing its services hereunder, Consultant shall not be responsible for identification handling containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the project. rev 5/1/06 16 7921 19.3 City of Atascadero AECOM 4 EXHIBIT B Compensation and Method of Payment BUDGET FOR ENGINEERING SERVICES The Project Budget has been prepared based on AECOM s current Fees Schedule (attached) and the Consultant s Subconsultant proposal for geotechnical services. The Consultant proposes to perform the Scope of Work outlined above on a time-and-materials basis with a not-to-exceed budget of$98,517 00 A breakdown of the project budget, organized by project components, is provided below Preliminary Engineering, Design, and Construction Documents Headworks Barscreen, and 4ssociated Improvements $71873 Septage Receiving Improvements Sly 777 Lift Stations 3 and 5 Solids Management Technical $5,219 Memorandum Construction Phase Services $5,648 Total $98,517 rev 5/1/06 18 792119.3 City of Atascadero AECOM EXHIBIT C Items Provided by City Existing WWTP design plans WWTP Master Pian and Collection System Master Plan Survey/topographical information Lift Station # 3 and # 5 design plans rev 5/1/06 20 7921 19.3 City of Atascadero AECOM ^ :. EXHIBIT E Insurance Requirements The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subconsultants. Minimum Scope of Insurance Coverage shall be at least as broad as 1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) 2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) 3 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance 4 Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance Consultant shall maintain limits no less than. 1 General Liability- $1 000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2 Automobile Liability- $1,000,000 per accident for bodily injury and property damage. 3 Employer's Liability $1,000,000 per accident for bodily injury or disease 4 Errors and Omissions Liability- $1000,000 per occurrence Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City At the option of the City either- the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions 1 The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. rev 5/1/06 22 792119.3