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HomeMy WebLinkAbout2004-017 Cannon Associates Inverted Siphon Replacement CITY o CONSULTANT SERVICES AGREEMENT RA► �0.17 FOR INVERTED SIPHON REPLACEMENT STUDY This agreement is made upon the date of execution, as set forth below, by and between Cannon Associates, a Corporation, hereinafter referred to as "Consultant", and the City of Atascadero, California, a Municipal Corporation, hereinafter referred to as "City". The parties hereto, in consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions: 1.00 GENERAL PROVISIONS 1.01 TERM: This agreement will become effective on the date of execution set forth below, and will continue in effect until terminated as provided herein. 1.02 SERVICES TO BE PERFORMED BY CONSULTANT: Consultant agrees to perform or provide the services for Inverted Siphon Replacement Study as specified in "Description of Services" attached hereto as "Exhibit A" hereby incorporated herein. Consultant shall determine the method, details and means of performing the above- referenced services. Consultant may, at Consultant's own expense, employ such assistants, as Consultant deems necessary to perform the services required of Consultant by this agreement. City may not control, direct or supervise Consultant's assistants or employees in the performance of those services. 1.03 COMPENSATION: In consideration for the services to be performed by Consultant, City shall pay and Consultant shall receive therefor compensation for study/design services, and as set for in "Exhibit A", a total sum not to exceed: $12,400 for PHASE I: Inverted Siphon Replacement Study $10,770 for PHASE II: Siphon Bypass Plan $12,400 for PHASE III: Pipeline Protection Strategy or Inverted Siphon Construction Drawings and Specifications $10,830 for PHASE IV: New Pump Station Location Determination $45,470 Total, Not To Exceed, Compensation Progress payments shall be made on a monthly basis based upon hours of work performed as invoiced by the Consultant in accordance with the Professional Fee Schedule as set in "Exhibit B". 2.00 OBLIGATIONS OF CONSULTANT 2.01 MINIMUM AMOUNT OF SERVICE BY CONSULTANT: Consultant agrees to devote the hours necessary to perform the services set forth in this agreement in an efficient and effective manner. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant's sole discretion, as long as the performance of these extra-contractual services does not interfere with or presents a conflict with City's business. 2.02 TOOLS AND INSTRUMENTALITIES: Consultant shall provide all tools and instrumentalities to perform the services under this agreement. 2.03 WORKER'S COMPENSATION AND OTHER EMPLOYEE BENEFITS: City and Consultant intend and agree that Consultant is an independent Consultant of City and agrees that Consultant and Consultant's employees and agents have no right to worker's compensation and other employee benefits. If any worker insurance protection is desired, Consultant agrees to provide worker's compensation and other employee benefits, where required by law, for Consultant's employees and agents. Consultant agrees to hold harmless and indemnify City for any and all claims arising out of any claim for injury, disability, or death of any of Consultant and Consultant's employees or agents. 2.04 INDEMNIFICATION: Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, officers, agents and employees, harmless and shall defend the same from any liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise from Consultant's or any of Consultant's employees' agents' negligent operations, errors and omissions, be by Consultant or by any one or more persons directly or indirectly employed by, or acting as agent for, Consultant; provided as follows: a. That the City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter described. 2.05 INSURANCE: Consultant shall not commence work under this contract until s/he shall have obtained all insurance required under"Exhibit C". 3.00 OBLIGATIONS OF CITY 3.01 COOPERATION: City agrees to comply with all reasonable requests of Consultant necessary to the performance of Consultant's duties under this agreement. 4.00 TERMINATION OF AGREEMENT 4.01 TERMINATION ON NOTICE: Notwithstanding any other provision of this agreement, at any time, without cause by giving at least thirty (30) days prior written notice to the other parties to this agreement. 4.02 TERMINATION ON OCCURRENCE OF STATED EVENTS: This agreement shall terminate automatically on the occurrence of any of the following events: (1) Bankruptcy or insolvency of any party; (2) Sale of the business of any party; (3) Death of any party; (4) The end of the thirty (30) days as set forth in Section 4.01; (5) End of the contract to which Consultant's services were necessary; or (6) Assignment of this agreement by Consultant without the consent of the City. 4.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONSULTANT: Should any party default in the performance of this agreement or materially breach any of its provisions, a non-breaching party, at their option, may terminate this agreement, immediately, by giving written notice of termination to the breaching party. 4.04 TERMINATION: This Agreement shall terminate on December 31, 2004 unless extended as set forth in this Section. The City, with the agreement of the Consultant, is authorized to extend the term of this Agreement beyond the termination date, as needed, under the same terms and conditions set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement. 5.00 SPECIAL PROVISIONS None 6.00 MISCELLANEOUS 6.01 REMEDIES: The remedies set forth in this agreement shall not be exclusive but shall be cumulative with, and in addition to , all remedies new or hereafter allowed by law or equity. 6.02 NO WAIVER: The waiver of any breach by any party of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of this agreement. 6.03 ASSIGNMENT: This agreement is specifically not assignable by Consultant to any person or entity. Any assignment or attempt to assign by Consultant, whether it be voluntary or involuntary, by operation of law or otherwise, is void and is a material breach of this agreement giving rise to a right to terminate as set forth in Section 4.03. 6.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this agreement, or the breach thereof, the prevailing party shall be entitled, in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees. 6.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any act required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay and performance of the act during the period of delay will be excused; provided, however, that nothing contained in this Section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 6.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this agreement or by law to be served on or given to any party to this agreement shall be in writing and shall be deemed duly served and given when personally delivered or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the following address for each respective party: PARTY ADDRESS A. CITY OF ATASCADERO 6905 EI Camino Real Suite 6 Atascadero, CA 93422 Attention: Public Works B. CANNON ASSOCIATES 364 Pacific Street San Luis Obispo, CA 93401 Attention: Larry Kraemer 6.07 GOVERNING LAW: This agreement and all matters relating to this agreement shall be governed by the laws of the State of California in force at the time any need for the interpretation of this agreement or any decision or holding concerning this agreement arises. 6.08 BINDING EFFECT: This agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this Section shall be construed as a consent by City to any assignment of this agreement or any interest in this agreement. 6.09 SEVERABILITY: Should any provision of this agreement be held by a court of competent jurisdiction or by a legislative or rulemaking act to be either invalid, void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule. 6.10 SOLE AND ENTIRE AGREEMENT: This agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof. This agreement correctly sets forth the obligations of the parties hereto to each other as of the date of this agreement. All agreements or representations respecting the subject matter of this agreement not expressly set forth or referred to in this agreement are null and void. 6.11 TIME: Time is expressly declared to be of the essence of this agreement. 6.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this agreement are expressly authorized to do so on and in behalf of the parties. 6.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their counsel review this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this agreement or any amendments of exhibits thereto. The captions of the sections are for convenience and reference only, and are not intended to be construed to define or limit the provisions to which they relate. 6.14 AMENDMENTS: Amendments to this agreement shall be in writing and shall be made only with the mutual written consent of all of the parties to this agreement. Executed onJ L,t V�2 2 Z 200 , at Atascadero Attest: CITY OF ATASCADERO Marcia rVlcCi+jre Torgerson Wade G. McKinney City Clerk City Manager By: Consultant Exhibit A DESCRIPTION OF SERVICES Consultant will conduct an Inverted Siphon Replacement Analysis to determine the best option for replacement of the existing sanitary sewer inverted siphon whose concrete encasement has been exposed by creek-bed erosion. In addition to formulating a Pipeline Replacement Strategy the consultant will also generate a Siphon Bypass Plan, determine the most feasible means for interim protection of the existing siphon and evaluate the feasibility of constructing a new wastewater pumping station at a location that would allow the permanent abandonment of the inverted siphon and also serve the Capistrano/Ensenada neighborhood. The project will require the following professional services: PHASE I: Conduct-Inverted Siphon Replacement Analysis 1) Utilizing existing plans and site-visit perspective, consultant will evaluate the existing inverted siphon and determine the work that would be necessary for a replacement project employing: a) Open trench construction b) Directional Boring C) Other methods identified by consultant 2) Consultant will determine what permits would be required to perform this work. 3) Employing an evaluation strategy developed by the consultant, the feasibility of employing each of the construction techniques at this site will be conducted. Included in this evaluation will be the environmental impact that each particular technique would have on the Atascadero Creek corridor and the probability of securing permits from the various governmental agencies of concern. This evaluation will include a fatal flaw clause that will end further consideration of the technique, if triggered. This evaluation will include construction cost estimates. 4) Consultant will generate an estimated timeline for the project including an estimate of the time required to obtain necessary permits. At the completion of Phase 1, Consultant will present to the City an Inverted Siphon Replacement Analysis Summary. After reviewing the report the City will direct Consultant to either proceed with Phase 3 (as written) or, eliminate Phase 3 from the scope of work and direct Consultant to generate replacement construction drawings and specifications rather than generate a protection strategy. PHASE II: Develop—Siphon Bypass Plan 1) Utilizing existing plans and topographical information, consultant will develop a temporary siphon bypass plan. 2) Consultant will generate 24"x36" plans showing: a) The route of a temporary forcemain. b) Detail of support structure (if necessary)for suspension of forcemain above Atascadero Creek. C) Detail of connection for reintroducing flow into system. d) Detail of Manhole modified for utilization as a wetwell, including pump mounting or suspension hardware. e) Detail of pump controller and electrical connection method. f) Notes with pump and controller specifications. 3) Consultant shall generate a cost estimate for initial setup and for ongoing equipment rental costs. Exhibit A The Bypass Plan will be implemented upon failure of the existing pipeline or may be employed during siphon replacement construction. PHASE III: Formulate -Pipeline Protection Strategy 2) Consultant will formulate a strategy for protecting the existing inverted siphon pipeline. This strategy will take into account: a) Potential environmental impacts. b) Permitting requirements. C) Speed at which strategy can be implemented. The Phase III report will include a map to direct the City, step by step, through the permitting process. 3) Consultant shall prepare a cost estimate for strategy implementation. PHASE IV: New Pump Station Location Determination 1) As an alternative to replacement of this under-creek crossing, utilizing existing plans and topographical maps, consultant will study the feasibility of constructing a new wastewater pumping station at a location that will allow abandonment of the existing inverted siphon and also serve the Capistrano/Ensenada neighborhood. This evaluation is to include a cost estimate for the pump station, new forcemain and new gravity main. DELIVERABLES Finished product will include: 1) Inverted Siphon Replacement Analysis Summary, 2 hard copies and 1 (CD)digital copy. 2) Siphon Bypass Plan, one 24"x36" hard copy and 1 (CD) digital copy. 3) Pipeline Protection Strategy Report, 2 hard copies and 1 (CD) digital copy or Construction Drawings (Mylar and Digital in AutoCad Format) and Technical Specifications (1 Hard and 1 Digital Copy). 4) New Pump Station Location Determination Report, 2 hard and 1 (CD)digital copy. At the completion of Phase 1, the City may postpone work on Phase 2, eliminate Phase 3 (as written) from the scope of work and direct Consultant to complete the design of a replacement siphon. Exhibit B PROFESSIONAL FEE SCHEDULE FEE SCHEDULE January 2004 Civil/Structural/Mechanical Engineering Departments Rate/Hour Principal In Charge $160.00 Chief Structural Engineer $135.00 Senior Planner 115.00 Senior Engineer 115.00 Associate Engineer 105.00 Engineer III 90.00 Project Designer 1 70.00 Administrative Assistant III 52.00 Administrative Assistant 11 50.00 Clerical Assistant 25.00 Survey Department Rate/Hour PREVAILING WAGE RATES Two-Man GPS Survey Crew (includes 3 receivers) 240.00 Two-Man Survey Crew 165.00 Senior Land Surveyor 115.00 Land Surveyor III 105.00 Land Surveyor 11 90.00 Survey Technician III 80.00 Exhibit B REIMBURSABLE EXPENSE SCHEDULE January 2004 In-House Reproduction Blueprints $ 2.00 per sheet Sepia Mylars $10.00 per sheet Plots $10.00 per sheet Photocopies $ 0.15 per page Other Reproduction Cost + 15% Communication (mail and telephone) Cost + 15% Fax $ 1.00 per page Shipping (UPS, Fed Ex, etc.) Cost + 15% Travel by Automobile $ 0.40 per mile Travel - Other Than Automobile Cost + 15% Per Diem (room and board per person) $80.00/day Permit Fees Cost + 15% Subconsultant Fees Cost + 10% If authorized by the client, an overtime premium multiplier of 1.5 will be applied to the billing rate of hourly personnel who work overtime in order to meet a deadline which cannot be met during normal hours. Applicable sales taxes, if any, will be added to these rates. Exhibit C INSURANCE REQUIREMENTS: Consultant Services 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: $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; 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. 2. For any claims related to this project, the Consultant'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 whom 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 mail, 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 ANIL 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.