HomeMy WebLinkAbout2013-010 Michael Nunley WW System Master Plan Update 6711
CITE' OF
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CONTRACT FOR
Michael K. Nunley and Associates, Inc.
for
Wastewater Treatment and Collection System Master Pian Update
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A,
CONSULTANT SERVICES AGREEMENT
FOR THE
CITE' OF ATASCADERO
MICHAEL K. NUNLEY AND ASSOCIATES, INC.
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation („City„) and Michael K. Nunley and Associates, Inc. ("Consultant"). City
and Consultant agree as follows:
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A. 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.
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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.
rev 5/1/06
792119.3
City of Atascadero
Michael K. Nunley and Associates, Inc.
B. 1141Dl=.PtM;- DE.N`! IN E°` € k, Aui`'ON. The Consultant agrees and hereby represents it
has satisfied itself by its own investigation and research regarding the conditions affecting the
work to be done and labor and materials needed, and that its decision to execute this Contract
is based on such independent investigation and research_
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--;;,: :;. eConsultantsa keep itselffully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with, applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. i \,8 .x}T't�:,_s li s [ e 33MRa.: f s. } i .:7
Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. 'I„ t!". iso= ;::,�.y:�.r��t �1i�rcl��':
The services of Consultant are to commence upon execution of this Contract by City,
and shall be undertaken and completed in a prompt and timely manner, in accordance with the
Scope of Work referenced in Exhibit A. Except as provided in Sections 0 and 10 below, this
Contract shall terminate no later than December 31, 2013 unless extended by the mutual
agreement of bath parties.
A. ..:R`,,5. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B.
PA,! ; , ..._IF ._ . Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager' shall include the City Manager's designee). Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
rev 5/1/06
792 119.3
City of Atascadero
Michael K. Nunley and Associates Inc.
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A.
VICr, r<. 0? L The Consultant shelf have the
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responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
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.
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_ . .> e 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. `,PPROV==�:1.._ ()„. '"'�w;===' r:A' <' :. 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.
A. :0 )Ii ,Y'S iNtO ICL. 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. {,,JRA,1lV-:!' -f-ERM1N'.'l(__)N 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.
rev 511/06 3
7921.193
City of Atascadero
Michael K. Nunley and Associates, Inc.
T C 13 A1\1
2 Fb E ms.
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.
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. ,,.. ,� :, .... :�... . -- • : ''. Is mutually agree
that all materials prepared by the Consultant under this Contract are upon creation and shall
be at all times the exclusive property of the City, and the Consultant shall have no property
right therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse
of the materials prepared by the Consultant if used for purposes other than those expressly set
forth in the Intended Use of Consultant's Products and Materials section of this Contract.
Consultant shall not disseminate any information or reports gathered or created pursuant to
this Contract without the prior written approval of City including without limitation information or
reports required by government agencies to enable Consultant to perform its duties under this
Contract and as may be required under the California Public Records Act excepting therefrvrl1
as may be provided by court order. Consultant will be allowed to retain copies of all
deliverables.
C . _ . . . , •.�m,�- Immediately upon termination, orB. 1-
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to
the City, all data, drawings, specifications, reports, estimates, summaries and other such
materials and property of the City as may have been prepared or accumulated to date by the
Consultant in performing this Contract. Consultant will be allowed to retain copies of all
deliverables to the City.
A. I.. ; '4'- covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract,
Consultant shall take reasonable care to ensure that no person having any such interest shall
be employed by it as an officer, employee, agent or subcontractor without the express written
consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the performance of this
Contract. Consultant agrees to include language similar to this Section 9(A) in all contracts
with subcontractors and agents for the work contemplated herein.
rev 511106 4
792119.3
City of Atascadero
Michael K. Nunley and Associates, Inc,
10,
R-KA ATiON:
A. L L I V,A r
J KrJ All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
4 11, '�"
I-ELEASE. If Consultant or any of its
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B. U3,1UPSE
officers, employees, or subcontractors does voluntarily provide information in violation of this
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. X)CDPERXFION. 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.
OF LINIEIIOFZ
A. C,�,NS IL Ji L-T�A N I i Pi 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.
, 5 PPI IEE,
B. SPEC�IAL IS3UNR 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.
rev 5/1/06 5
7.92119.3
City of Atascadero
Michael K. Nunley and Associates Inc. SO
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A x''I_... it.ii: ._.. . .,.:.z":= ;'i .uF. 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.
;=i�':B. `'' P'1R,.;W',lt In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13.
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either
directly or indirectly employed by them, as it is for the negligent acts and omissions of persons
directly employed by Consultant.
14. ,... . " ..,... :4 ... . .
Consultant shall not assign or transfer any interest in this Contract whether by
assignment or notation. However, claims for money due or to become due Consultant from
the City under this Contract may be assigned to a financial institution, but only with prior written
consent of the City Manager. Notice of any assignment or transfer whether voluntary or
involuntary shall be furnished promptly to the City. The rights and benefits under this
agreement are for the sole and exclusive benefit of the City and this Contract shall not be
construed that any third party has an interest in the Contract.
rev 5/1/06 6
792119.3
City of Atascadero
Michael K. Nunley and Associates, Inc.
15_ S"•Bf�i £Y stip "I'D,INt €_.__w.jAi
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Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors
and subcontractors. The City shall have no right of control over the manner in which the work
is to be done but only as to its outcome, and shall not be charged with the responsibility of
preventing risk to Consultant or its employees, agents, contractors or subcontractors.
16.
. FOR "�ti;�` .:' �::' ��i�l�'�.1... :..1�:�i.... ... . . When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees and agents ("Indemnified Parties") from and against any and all losses,
liabilities, damages, costs and expenses, including attorneys fees and costs to the extent same
are caused in whole or in part by any negligence or wrongful act, error or omission of
Consultant, willful misconduct, or recklessness of its officers, agents, employees or
subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof)
in the performance of professional services under this agreement.
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f r �� _ 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 subconsultants of Consultant.
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C. ".�...:. ;...1. :W r i .. . i;.. r��� . ._>z. . i Consultant agrees to
�I es obtain
executed indemnity agreements with provisions identical to those set forth here in this section
for each and every subconsultant 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.
rev 5/1106 7
742119.3
City of Atascadero
Michael K. Nunley and Associates, Inc.
D.
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. ;t,,JS'L_J'RA=tlCE-
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.
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
records shall be maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable tines, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
EJ. tvJ�'f�i'S..F ...,.....f..,.i":3^'i E....�4.x `w ,"za`x..f`;!{.`..".17t NQ:
,1;�SS1I!.("'`L MK—r' -,r . R Ste; #�:7SIM-PION,
`:°.'£IT ! 11 1'' City has a `(YSPa'i"t' "''
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f'Y...1 i_,�,'E:Nry'a',.. 1 i �Jt_._. l!F performing this Contract, the parties
shall not discriminate or grant preferential treatment on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest
extent allowed by law, with all applicable local, state, and federal laws relating to
nondiscrimination.
B. l..' ,;1_. r` I :.l :t, -=,.1... Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A_ & 1101 et seq.),
as amended; and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose
sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to,
and shall, reimburse City for the cost of all such sanctions imposed, together with any and all
costs, including attorneys' fees, incurred by the City in connection therewith.
rev 5/1/06 $
792119.3
City of Atascadero
Michael K. Nunley and Associates Inc.
Irk
C.
The City and Consultant understand and agree
that the lavas of the State of California shall govern the rights, obligations, duties, and liabilities
of the parties to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract shall take place in the San Luis Obispo Superior Court, federal
diversity jurisdiction being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed Upon Consultant by this Contract. In
recognition of that interest, neither any complete nor partial assignment of this Contract, may
be made by Consultant nor changed, substituted for, deleted, or added to without the prior
written consent of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. t° ` t": °>>s ::; ' 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. ;"':;t"i}::.°?':;,x,;:t€,°1` w4.. 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.
Gy111
;,.'.. t . ' ._. . '..�''. Consultant and nd 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.
''�:?t��.. "6P1 �<. The waiver at anytime 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_
t. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
rev 511/06 9
7921 19.3
City of Atascadero
Michael K. Nunley and Associates, Inc. k` .
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
registered or certified mail addressed to the parties (deemed to have been received three (3)
business days after deposit in the U.S_ Mail) at the following addresses:
City.. City of Atascadero
Department of Public Works
6907 El Camino Real
Atascadero, CA, 93422
Consultant: Michael K. Nunley and Associates, Inc.
P.O. Box 1604
Arroyo Grande, CA 93421
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
r ' �"'V"`'"'` _ The person or persons executing this Contract on
behalf of Consultant warrant and represent that they have the authority to execute this
Contract on behalf of their agency and further warrant and represent that they have the
authority to bind Consultant to the performance of its obligations hereunder.
Effective this 27th day of February, 2013 by the parties as follows,
Approved as to form: Michael K. Nunley and Associates, Inc.
By-
Counsel for contractor Michael K_ Nunley, Pref ent
Approved �to ford►: pity s� Atascadero
L
ByBy:
Brian Pierik, Agency Attorney Wade McKinney, City Manage
rev 5!1/06 1.0
79211.9.3
City of Atascadero
Michael K. Nunley and Associates, Inc.
..
"On f
•scnxn,a�.r
CERTIFICATE 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 perfonnance of the work of this contract. {Cal. Labor C.
§§1860, 1861)
CONSULTANT
Michael K. Nunley, President
rev 5/1/06 7
792119.3
City of Atascadero
Michael K. Nunley and Associates, Inc. irr `tj
CONTRACTOR ACKNOWLEDGEMENT OF LABOR CODE REQ IREMENTS
Contractor acknowledges that under California Labor Code sections 1810 and following, 8 hours of labor
constitutes a legal day's work. Contractor will forfeit as a penalty to City the sum of $25.00 for each
worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any one calendar day
and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor
Code § 1813.)
Attention is given to the fact that both Federal(Davis-Bacon) and State of California prevailing wage rate
requirements apply to this project. Not less than the greater of the Federal Davis-Bacon wage rates or the
general prevailing wage rate of per diem wages and the Federal prevailing rates for holiday and overtime
must be paid on this project. State of California prevailing wage rates are available online at
Contractor shall post at the work site, or if there is no regular work site then at its principal office, for the
duration of the Contract, a copy of the determination by the Director of the Department of Industrial
Relations of the specified prevailing rate of per diem wages. (Labor Code § 1773.2.)
Contractor, and any subcontractor engaged by Contractor, shall pay not less than the specified prevailing
rate of per diem wages to all workers employed in the execution of the contract_ (labor code § 1774.)
Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
Contractor shall comply with all provisions of Labor Code section 1775. Under section 1775, Contractor
may forfeit as a penalty to city up to $50.00 for each worker employed in the execution of the Contract by
Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day, or portion thereof, for which each
worker was paid less than the prevailing wage rate.
Nothing in this Contract prevents Contractor or any subcontractor from employing properly registered
apprentices in the execution of the contract. Contractor is responsible for compliance with Labor Code
section 1777.5 for all apprenticeable occupations. This statute requires that contractors and
subcontractors must submit contract award information to the applicable joint apprenticeship committee,
must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of
apprentice's work for every five hours of labor performed by a journeyman (unless an exception is
granted under§ 1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the
California Apprenticeship Council, and that contractors and subcontractors must not discriminate among
otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national
origin, ancestry or color. Only apprentices defined in Labor Code sections 3077, who are in training
under apprenticeship standards and who have written apprentice contracts, may be employed on public
works in apprenticeable occupations.
Consultant
Mi hael K. Nunley, resident
Michael K. Nunley and Associates, Inc.
rev 5!1106 12
792119.3
EXHIBIT A
Scope of Work
Consultant to prepare Wastewater Treatment and Collection System Master Plan updates to
aid the City in optimizing the use of wastewater resources with respect to water quality and
wastewater re-use and provide a roadmap for development of future infrastructure and
facilities to support this objective. Consultant will explore additional opportunities for energy
production, specifically the production of electricity via solar energy, The Master Plans shall
include capacity assessments, identification of deficiencies and improvement
recommendations. The Master Plans shall include land use, flow projections and flow
component information. The Scope of Work includes the following:
Task Group 100: Pre-Project Meeting (Site Visit, Information & Data Needs Identification)
Task Group 200: Wastewater Collection System Master Plan Update
0 Update and evaluate the City's hydraulic model of the wastewater collection system
S Infiltration & inflow study
e Short-term wastewater collection system CIP update
9 Identify existing and future system deficiencies
Develop wastewater collection system master plan CIP
Evaluate the adequacy of current staffing levels and provide results
Evaluate future needs based on the 20 year capital improvement plan
Evaluate future wastewater collection system replacement costs and time frames
Draft and Final Wastewater Collection System Master Plan
'cask Group 300: Wastewater Treatment Plant Master Plan Update
* Analysis of potential future treatment and discharge requirements
* Identify and evaluate opportunities for reuse or expanded reuse of wastewater
* Identify potential funding sources to pay for reuse projects
* Evaluate treatment and disposal processes
* Draft and final short-term CIP update
* Evaluate solar energy production alternatives
Develop wastewater treatment master plan CIP
® Evaluate the adequacy of current staffing levels and provide results
* Evaluate future needs based on the twenty year capital improvement plan
* Evaluate future wastewater treatment plant replacement costs and time frames
® Draft and final wastewater treatment master plan
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Task Group 400: Meetings and Workshops
Initial meeting to discuss the wastewater collection system and the wastewater
treatment plant master plans
Four (4) progress meetings
Two (2) City Council presentations
Two (2) operator forums to provide input
All materials prepared by the Consultant under, contract shall be at all times the exclusive
property of the City, and the Consultant shall have no property right therein whatsoever- City
agrees that Consultant shall bear no responsibility for any reuse of the materials prepared by
the Consultant if used for purposes other than those expressly set forth in the Intended Use of
Consultant's Products and Materials section of this Contract. All design plans, project
specifications and other pertinent design repo rts/m aterial s/fi les developed under the contract
shall be delivered to the City on CDROM at project design completion, and prior to release of
the final payment. Design plans shall be provided in AutoCAD 2007 DWG Format and pdf.
Specifications and other reports shall be provided in Word 2010 format and the cost estimate
shall be provided in Microsoft Excel format and pdf.
Specific details of the scope and task breakdown are provided in Exhibit F, Consultant's
Proposal
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EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 118,485.00
WITHOUT PRfOR WRITTEN AUTHORIZATION
Services will be conducted on a fixed fee basis not to exceed the contractual amount of
$118,485.00. All reimbursables are included in the total contract amount of$118,485.00.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a City of
Atascadero change order will be compensated at the same unit cost for the defined services
as agreed to in this contract. Payment will be made within 30 days after receipt and approval
of invoice.
Payment will be made within 30 days after receipt and approval of invoice.
Payments to the contractor in excess of the contract amount of $118,485.00 will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
Michael K. Nunley and Associates, Inc.
Michael K Nunley/President
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DRAFT 06/4/014:33 PIM B-1
EXHIBIT B
Compensation and Method of Payment
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EXHIBIT C
items Provided by City
* Files from prior wastewater studies, condition assessments, and Master Plans.
* Scanned as-built plan information for collection system updates.
* Available flow meter data.
Design reports or design memoranda summarizing design criteria for Lift Stations No. 2
and 6 and other recently completed capital improvements.
Wastewater video inspection report and videos.
Past five (5) years of flow records and annual monitoring reports from the WWTP.
General Plan data and Specific Plans which should be incorporated in the future flow
and load analysis.
Collect existing GIS data files including parcels, land use, and wastewater collection.
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EXHIBIT D
Location Schedule
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Atascadero, California. County of San Luis Obispo.
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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:
I, 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: $1,000,000 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; 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.
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DR.AFT064'01 433 PM E-1
Insurance Requirements
2. For any claims related to this project, the ConsuItant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance ]maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whole claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified ]nail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than.A:VII.
Additional Insured. The City of Atascadero will to be added to the policy as Additional Insured by
endorsement, adding the City's name to the Certificate of Insurance is not sufficient and will not be
accepted.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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EXHIBIT F
Consultant's Proposal
PRE-PRO.]*ECT MEETING-5'rME VISrIG 1,11111MM-AYARION AOD D� INEEDS,
A. Discuss project scope and meet with City staff to review the systems and City needs.
B. Define project schedule dates.
C, Obtain documents and information from City as outlined in"City Responsibilities"section.
3. Files from prior wastewater studies,condition assessments,and Master Plans.
4. Scanned as-built plan information for collection system updates,
5. Available flow meter data.
6. Design reports or design memoranda summarizing design criteria for Lift Stations No, 2 and 6 and other
recently completed capital improvements.
T Wastewater video inspection report and videos.
8. Past five(5)years of flow records and annual monitoring reports from the VVVVTP.
9, General Plan data and Specific Plans which should be incorporated in the future flow and load analysis.
10. Collect existing GIS data files including parcels,land use,and wastewater collection.
D. Collect data for report generation purposes.
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WAL."ITMATEER C0ULECTV,'.1N SYS-TEM IMASTEETZ PLAN UPDATE
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One of the goals of this project is to update the City's existing wastewater GIS database.In preparation of this
proposal,the Project Team has reviewed a copy of the City's existing wastewater GIS database,which was originally
developed from an export of the 2003 Wastewater Collection System Master Plan SewerCAD model according to City
staff.After an initial review of the overall structure of the wastewater GIS database and mapping of facilities the
following discrepancies were identified and should be corrected to update the existing wastewater GIS database and
system map:
Table 1.GIS Database Discrepancies
Manholes and wastewater pipes are not snapped(connected end to end)to form a complete
geometric network.
Geometric pipe flow directions are inaccurate across the system,which will hinder the ability
to show accurate flow direction on system maps.
240 manholes are missing rim and invert elevations—Recently collected GPS data and video
inspection results should be used to check existing elevations and add missing information.
276 pipe segments are missing upstream and downstream invert elevations.
193 pipe segments are missing upstream and downstream node identification.
39 manholes are missing node identification.
48(out of 61)force main pipe segments are missing pipe diameter values.
The overall format and data fields in the existing wastewater GIS database are based on the 2003 SewerCAD hydraulic
model and should be revised to allow the City to more efficiently track,report,plan,and maintain required collection
system improvements using their GIS database.Tables 2 and 3 are proposed revisions W the wastewater GIS database
which have been implemented by the Project Team for a number of local public agencies infrastructure GIS projects:
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DRAFT 06/4/014:33 PM F-1
Table 2.Proposed GIS Database Feature Classes/Layers
Gravity Pipes Forcemains wwTP racilities
Manholes Lift Stations
Cleanouts Lift Tributary Basins
Table 3.Proposed GIS Database Data Fields
Facility ID Structure Size
Pipe Diameter Rim Elevation
Pipe Material Depth
Pipe Length Northing
Pipe Slope Easting
Street Location Sewershed
Invert Elevation
As-built Scan
Video Inspection
The Project Team will complete the following tasks to update the existing wastewater GIS database for this master plan
project:
>s Correct the database and mapping issues mentioned in Table 1.
�s Update the existing wastewater GIS database with the feature classes and data fields outlined in Tables 2 and 3.
Update wastewater GIS using as-built plans of new improvements to the collection system.
Update wastewater GIS with GPS coordinate information from City's wastewater video inspection project.
» Create a lift station tributary area layer to identify the parcels upstream of each of the City's lift stations.
» Develop a new or revise an existing wastewater atlas
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The Project Team will complete the following tasks to update the existing wastewater collection system hydraulic model
as part of this master plan project:
Export the updated wastewater GIS database into SewerCAD to verify and update hydraulic model.
Perform a skeletonized model analysis to meet timeframe of Short-Term CIP Update.
Develop existing and future wastewater demands by utilizing the City's GIS parcel layer,land use information and
GIS layers from the General Plan,and available sewer billing information and prior flow monitoring data.
» Create a sewershed layer to identify and summarize the individual parcels that contribute wastewater flow to each
major sewershed within the collection system.
> Create a flow meter tributary area layer to compare the estimated wastewater flows with field flow measurements
(assuming Task 202A is implemented).
In the initial phase of the infiltration&inflow study,the Project Team will review the prior Master Plan and work
with City staff to identify four(4)locations around the collection system to place flow meters and try to define
the main sewersheds affected by infiltration&inflow. Data Wil be collected for approximately four(4)weeks in
order to try to record collection system response to one or more storm events.This data will be compared to
plant flow records and peak wet weather flows will be determined based on this analysis.This phase of work will
be applied toward development of the Short Term CIP Update.
In the next phase of work, it is assumed that four(4)flow meters will be placed within the collection system and rotated
every two(2)to three(3)weeks,for a total of twelve(12)flow meter placements.The objective of this
658615.1
DRAFT 06141014:33 PM F-2
phase is to closely define the areas with the highest infiltration&inflow.After the data is collected, the Project
Team will develop recommendations and cost opinions for addressing these areas. The next steps
could include smoke testing to determine where cross-connections between storm drains and sanitary sewers
could exist; lateral replacements; pipeline and manhole replacements,and slip-lining.
The Project Team will initially develop a Short-Term CIP Update utilizing the skeletonized model,prior studies,
and initial flow metering data as discussed in Task 202A.A draft and final Short Term CIP Update will be
submitted to the City,
The Project Team will perform a comprehensive review of pipe and manhole condition,as well as a hydraulic analysis of
the collection system(utilizing the SewerCAD model)to identify deficiencies or issues.
MKNA will work with City staff to develop a condition assessment strategy that is similar to concepts within the National
Association of Sewer Service Companies(NASSCO)Pipeline Assessment and Certification Program (PACP)rating system.
The Project Team will review the City's videos in order to determine the pipeline condition,looking for sags, ponding,
cracks,misaligned joints, and other visible signs of damage.
MKNA will use the SewerCAD model to determine hydraulic capacity of the collection system,based an the updated
model with existing and future flows. Future flows will be developed based on the latest General Plan, pending Specific
Plans as directed by City staff,and population projections as provided by City staff. Peaking factors will be developed
from existing flow records and applied to analysis of the collection system and lift stations under existing and future
flows.
Exhibits will be prepared for the report that graphically indicate collection system components that are at or above their
estimated capacity under existing and future flows.
MKNA will review City lift stations(except Lift Stations 2 and 6 unless directed by the City)and document observations
regarding electrical,mechanical, control/instrumentation,process,coatings/corrosion protection,and general
performance information noted by City staff.
In addition,the Project Team will prepare system curves for each lift station; estimate pump capacities based on
drawdown calculations according to wetwell size and level information provided by City staff;and provide graphical
comparison of pump curves and system curves.
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The Project Team will develop and prioritize a 20-year Master Plan Capital Improvement Program in five-year
increments. Budget cost estimates including typical percentages for design,overhead,administrative costs,and
construction management will be evaluated each of the proposed projects. Projects costs shall include 3% yearly
inflation adjustments from 2012 to the proposed project start. The Project Team will summarize the analyses and
recommendations described earlier,based on City input, and develop a Capital Improvement Program (CIP)for the
collection system with projects prioritized according to interim,near-term, intermediate-term,and future needs.The
CIP will include the percentage of cost for these improvements that should be paid by new development, in order to
facilitate a future rate study by the City.
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The Project Team will review industry standards,collection system certification requirements,and discuss operating
goals with City staff.A list of typical operation and maintenance tasks will be prepared,along with the estimated
amount of time to perform each task, in order to determine total labor required to perform routine maintenance and
operations. In addition, MKNA will contact agencies around the Central Coast with similar existing(and proposed)
treatment and collection systems in order to compare current staffing levels and classifications to peers.
658615.1
DR.AJ:'r 06/4/014:33 PM F-3
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Based on the analysis provided earlier, and discussion with City staff,the Project Team will develop recommendations
for adequate"repair and replacement reserves".in order to allow the City to collect adequate funds for routine system
maintenance and upkeep.
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The Project Team will submit a draft Master Plan(summarizing the complete work in Task Group 200)for review by the
City and a final Master Plan to incorporate comments.
WAIS'HEVAIII'ER,T". E-.gA%TtVg'Kf4T PLANT IMASTER PLAN'URNA.-TE,
The Project Team will provide an analysis of potential future treatment and discharge requirements(local,state,and
federal)and discuss how they might relate to the City's wastewater treatment program.Some of the pending federal and
state.policies that will be reviewed are current trends that are being applied to Waste Discharge Requirement Orders
(such as salt management planning requirements);beneficial use and land application of biosolids(including discussion
of the County biosolids ordinance);the federal Environmental Protection Agency's most recent,nationwide attention to
nutrient removal;contaminants of emerging concern,Title 22 requirements;anticipated Basin Plan amendments;
potential for on-site wastewater system owners to petition the City for sewer service due to AB 885;and requirements
such as salt management plans that are being applied to most WDR Orders.
The Project Team will review available land use maps from the City and estimate of the amount of water that could
be applied for landscape irrigation,agricultural irrigation,and other reuse opportunities under both existing and future
flows.In addition,the Project Team will review available water quality information to determine if plant effluent is
appropriate for direct irrigation reuse for typical customers or users.The Project Team will also develop planning-level
estimates of treatment process improvements,pumping,storage,and transmission facilities required to serve these
customers.
At this time,it is assumed that the Project Team will look at costs to upgrade treatment for both secondary treatment
with disinfection and tertiary treatment with disinfection for unrestricted irrigation applications under Title 22
requirements.The Project Team will also evaluate the planning-level cost to expand the City's existing percolation pond
system and add extraction wells to expand the current percolation and irrigation water expansion practice in order to
serve more customers than Chalk Mountain Golf course,
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The Project Team will review the following programs to determine if any concepts discussed earlier could be attractive
for grants or low-interest loans.At a minimum,the following programs will be considered and program requirements
and advantages will be summarized:
Integrated Regional Water Management Plan(Proposition 84) Planning and Implementation Grants
Title XVI Bureau of Reclamation—Water Reclamation and Reuse Program
Recycled Water Funding Program—Division of Financial Assistance,State Water Resources Control Board
State Revolving Loan Fund
The Project Team will evaluate the following under current and future flows and loadings:
Capital improvements and prior recommendations presented in the Master Plan and Plant Audit and whether any that
were not implemented should be reconsidered.
Evaluation of process capacity and hydraulic capacity of existing plant,sludge drying,and percolation ponds to
meet future flows.
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DRAFT 06/4/1014:33 PM F-4
Opportunities to reduce power costs by installing a diffused air system or dissolved oxygen control on the existing
aerators.
Long-term sludge handling and management strategy, including assessment of dredging costs and issues;
procuring a sludge extraction and dewatering service; installing clarification to accommodate future reuse
opportunities(if deemed advantageous in Task 302);and thickening,
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The Project Team will initially develop a Short-Term CIP Update utilizing prior treatment plant reports and information
from City staff. A draft and Final Short Term CIP Update will be submitted to the City.
The Project Team will develop an estimate of the cost and land required to meet current power demand at the WWTP;
and an estimate of the cost and land required to meet power demand assuming a diffused air system is installed, Most
facilities utilizing solar power typically plan to produce 70%of their own power on a regular basis and peak off the
electrical power utility's grid, since it is challenging to manage solar power production to continually match 100%of
demand as power demand varies from day to day and solar systems work best at constant production rates.
In addition,the Project Team will provide recommendations for procuring solar power at the plant site(including
design-build and design-build-own-operate strategies)and also for approaching PG&E, Chevron,and other energy
utilities to discuss their various programs to improve public agencies'energy efficiency and meet their own statewide
power reduction goals,
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The Project Team will develop and prioritize a 20-year Master Plan Capital Improvement Program in five-year
increments. Budget cost estimates including typical percentages for design, overhead,administrative costs,and
construction management will be evaluated each of the proposed projects. Projects costs shall include 3%yearly
inflation adjustments from 2012 to the proposed project start. The Project Team will summarize the analyses and
recommendations described earlier, based on City input,and develop a Capital Improvement Program(CIP)for the
treatment plant with projects prioritized according to interim,near-term,intermediate-term,and future needs. The
CIP will include the percentage of cost for these improvements that should be paid by new development, in order to
facilitate a future rate study by the City.
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The Project Team will review industry standards,treatment system certification requirements,and discuss operating
goals with City staff. A list of typical operation and maintenance tasks will be prepared, along with the estimated
amount of time to perform each task, in order to determine total labor required to perform routine maintenance and
operations. In addition, MKNA will contact agencies around the Central Coast with similar treatment systems in order to
compare current staffing levels and classifications to peers.
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Based on the analysis provided earlier,and discussion with City staff,the Project Team will develop recommendations
for adequate'repair and replacement reserves;in order to allow the City to collect adequate funds for routine system
maintenance and upkeep.
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The Project Team will submit a draft Master Plan(summarizing the complete work in Task Group 300)for review by the
City and a final Master Plan to incorporate comments.
65861.5A
DRAFTObi 4/01 4:33 PM F-5
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MEFTINGS ANDINORKSHOP'S'
The Project Team anticipates a lick off Meeting to cover both master planning efforts; four(4)progress meetings; two(2)
City Council presentations; and two(2)operator forums to discuss their observations and to receive input on master plan
recommendations.
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