HomeMy WebLinkAbout2000-040 Brown and Caldwell Consultant - Sewer System Master Plan CITY OF ATASCADERO
CONTRACT# 2 0
Contract No.
CONSULTANT SERVICES AGREEMENT
This agreement is made upon the date of execution, as set forth below, by and
between BROWN AND CALDWELL, hereinafter referred to as"Consultant", and the
CITY OF ATASCADERO, 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 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 agrees to pay Consultant the consideration set forth in the
amounts provided in "Exhibit B" and under the terms incorporated herein.
1) A not to exceed fee of NINETY-NINE THOUSAND TWO HUNDRED
AND TWENTY-TWO DOLLARS AND NO CENTS ($99,222.00).
2) Consultant shall submit monthly progress reports to City indicating the
state-of-completion of each task specified in Exhibit A.
3) Any claim for payment for extra services or changes in the services will be
paid by City only upon certification by the Director of Public Works that
the claimed extra service or change was authorized in advance by the
Director of Public Works, and that the service has been satisfactorily
completed. Invoices for extra services which are approved by the Director
of Public Works must be submitted by Consultant within thirty (30) days
of completion of such services and must be accompanied by a statement of
itemized costs covering said services.
4) Consultant shall be paid no later than thirty (30) days following approval
of Consultant's progress report and invoice. Any additional applicable
r
hourly rate billings as authorized shall be based on the Fee Schedule
incorporated into this Agreement 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' operations 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.
b. That the aforesaid hold-harmless agreement by Consultant shall apply to
all damages and claims for damages of every kind suffered, or alleged to
have been suffered, by reason of any of the aforesaid operations of
Consultant or any agent or employee of Consultant regardless of whether
or not such insurance policies shall have been determined to be applicable
to any of such damages or claims for damages.
2.05 INSURANCE: Consultant shall not commence work under this contract until
s/he shall have obtained all insurance required under this section and such
insurance shall have been approved by City as to from, amount and carrier.
a. Public Liability and Property Damage Insurance. Consultant shall take
out and maintain during the life of this contract such public liability and
property damage insurance as shall protect City, its elective and
appointive boards, officers, agents and employees, and Consultant and any
agents and employees performing work covered by this contract from
claims for damages for personal injury, including death, as well as from
claims for property damage which may arise from Consultant's or any
subConsultant's operations under this contract, whether such operations be
by Consultant or by anyone directly or indirectly employed by Consultant
and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance.
In an amount not less than One Million Dollars ($ 1,000,000) for
injuries, including, but not limited to death to any one person and,
subject to the same limit for each person, in an amount not less
than One Million Dollars ($ 1,000,000) on account of any one
occurrence.
(2) Property Damage Insurance.
In an amount of not less than One Million Dollars ($ 1,000,000)
for damage to the property of each person on account of any one
occurrence.
(3) Comprehensive Automobile Liability.
Bodily injury liability coverage of One Million Dollars
($1,000,000) for each person in any one accident and One Million
Dollars ($ 1,000,000) for injuries sustained by two or more persons
in any one accident. Property damage liability of One Million
Dollars($ 1,000,000) for each accident.
(4) Professionalliability,
In an amount not less than One Million Dollars ($1,000,000).
(5) Worker's Compensation insurance.
In the amounts required by law as set forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions:
Any deductible or self-insured retention must be declared to, and approved
by, the City. The City may require that either the insurer reduce or
eliminate such deductibles or self-insured retentions as respects the City,
its elected or appointed officials, employees, agents, or volunteers; or the
Consultant shall procure a bond guaranteeing payment of all
administration and legal expenses.
C. Proof of Insurance.
Consultant shall furnish City, concurrently with the execution hereof, with
satisfactory proof of carriage if the insurance required, and adequate legal
assurance that each carrier will give City at least thirty (30) days' prior
notice of the cancellation of any policy during the effective period of this
contract. The certificate or policy of liability of insurance shall name City
as an additional insured with the Consultant.
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 wee 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 October 1, 2001
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
I�w
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 OWNERSHIP OF DATA: The ownership of all data collected for use by
Consultant under this Agreement, together with working papers, drawings, and other
materials necessary for a complete understanding of the plans and necessary for the
practical use of the plans shall be vested in City. Ownership of original drawings and
documents shall be vested in City. Consultant may retain a copy of all work for his own
use.
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 6500 Palma Avenue
Atascadero, CA 93422
Attention: Public Works
B. BROWN AND CALDWELL P.O. BOX 8045
Walnut Creek, CA 94596-3864
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 on I�Lt,(?,I/1 �- , 200 at Atascadero
Attest: CITY OF ATASCAD RO
Marcia Torgerson J e Arrambide
City Clerk Miyor
Approved as to form:
CONS TAN'S
Ro anley
Ci Attorney
Approved as to form:
Ra helle Rickard
Director of Administrative Services
tirrrr"
EXHIBIT A
Scope of Work
Phase 1 —Conduct Study/Update Base map
This task is needed to update the existing information on the City collection system. The
task involves performing a gap analysis on the existing information to determine where
additional data are required.
Task 1. Review Existing Information. This task will include the review related to the
City's wastewater collection system. Key information to be obtained during this task
includes the following:
• Electronic base map and existing collection system
• Reports and previous studies such as the 1990 Sewer master Plan prepared by CH2M
Hill
• Electronic copy of the static model of the collection system
• City Design Criteria
• City General Plan and Update Draft when available
• Run time information for the pumping stations and treatment facility.
Task 2. Update Base Maps. The existing collection system maps will be reviewed and
updated with any new information. The City will be responsible for providing
information for the areas that require updates.
Task 3. Identify Additional Data Needs. Information from the base mapping and review
of the available data will be reviewed for any gaps. This will include review of the data in
the existing model. These data will be reviewed to determine if all of the physical
characteristics of the pipes. (I.e., pipeline names, diameters, inverts) and flow information
are available. This data will also be updated with changes that have occurred since the
previous study.
Phase II—Develop Current System Model
This task involves converting the existing system model to HYDRA, preparing flow
projections for current conditions, and linking the model to the City GIS.
Task 1. Prepare flow Projections. Land use estimates prepared for the 1990 master plan
will be reviewed and updated. These projections will be combined with the unit flow
criteria developed for the 1990 master plan and flow projections will be prepared to
simulate current dry weather conditions. Consultant will review assumptions used in the
1990 master plan with City staff to determine if the wet weather flows need to be
adjusted.
Task 2. Prepare Hydraulic Model of Existing System. The existing static model prepared
for the 1990 master plan will be converted to HYDRA. A review will be performed to
ensure the model connectivity is correct and the correct amount of flow is assigned to
each of the manholes. Every pipe in the existing collection system will be included in the
model.
Task 3. Verify Model. A model run will be prepared using average dry weather flows.
Pumping station run time meters and information on the pump capacity will be used to
compare to the model results. Model results will also be compared with treatment facility
records and reviewed with City staff. Adjustment to the unit flow factors will be made as
necessary and additional model runs will be prepared as required.
Task 4. Link Model to Mapping System. Results of the hydraulic modeling will be linked
to the City's existing ArcView based GIS. Information contained in the model will then
be available for viewing in the GIS. This information includes pipe size, length, depth,
slope, maximum flow capacity, and actual modeled flows.
Phase III—Develop Sewer Master Plan
Consultant will assist the City in developing General Plan alternatives. The location of
future facilities will be identified and used in the hydraulic model to develop a list of
improvements to the city collection system.
Task 1. Develop Future Land Use. Consultant will work closely with City staff as the
new general plan is developed. During the draft stages of the general plan Consultant will
review each of the general plan alternatives. With the assistance of City staff, Consultant
will recommend a preferred alternative.
Task 2. Develop future Flow Projections. Unit flow factors and criteria will be used with
land use forecasts to develop flow projections for future conditions. The future flow
projections will be submitted to the city for review prior to preparing the model for future
conditions.
Task 3. Identify Future Facilities. For this task, Consultant will identify the most feasible
facilities required to provide service to commercial areas. These facilities may include
both new gravity sewers and/or pumping stations. Additionally, Consultant will identify
the facilities required to provide gravity collection sewer service to residential areas.
Residential areas that cannot be served by a gravity system will be identified.
Task 4. Develop Model of Future System. A separate model overlay of the existing and
future facilities will be developed. The model will be used to size the future facilities and
to determine the impacts of the increased flow on the existing facilities. A listing of the
future facilities and the deficiencies to the existing system will be prepared. Results of the
future modeling will also be linked to the ArcView GIS.
Task 5. Prepare Capital Improvement Program and Report. Results of the hydraulic
analysis will be used to develop a comprehensive five-year and long-term capital
improvement plan to address wastewater collection system expansion. Consultant will
provide a prioritized plan that reflects the projected flows. To the extent possible,
Iwo
Consultant will consider the paving programs for the City when developing the
improvement projects.
For each capital improvement project, Consultant will provide a brief graphic and
narrative summary. The summaries will describe the anticipated improvements, estimated
cost and basis for improvements. Consultant will include in the report the unit costs that
are used as the basis for the cost estimate.
Consultant will prepare six copies of the draft report and submit it to the city for
comment. Comments from the City's review of the draft report will be incorporated into
the final project report. One electronic copy of the report compatible with City software
will also be provided.
Phase IV—Data Acquisition System Analysis
This task will consist of two days in the field reviewing conditions at the City's
wastewater pumping stations. The purpose of the survey will be to acquaint Consultant
with the current data acquisition system to enable Consultant to prepare a
recommendation to City on how to convert the system to real time monitoring. The
recommendation will include what type of meters to install, the location of the meters,
any additional equipment, hardware and/or software necessary to make the system
operational and a benefit analysis between telephone and radio communication. If
Consultants recommendation includes construction of a meter outside of the pumping
station, a sample drawing will be provided. Recommendations will be provided to the
City in the form of a technical memorandum. The memorandum will also be included as
an appendix to the master plan.
Phase V—Training
At the conclusion of the project, Consultant will train City staff in the operation and
maintenance of the model. Modeling training will consist of preparation of a manual
specific to the City's model and graphic interface. Additionally, training will consist of
reviewing model capabilities, methods used to update the flow projections and linking the
results to the City's GIS. Training will consist of an initial one-day training session
followed by a subsequent one-day training session after city staff has had the opportunity
to work with the model.
*4w
• • N ... T DD �O O m nl ? 7-..L
NIfl VD O N m C"N m Ln N N
O O O O QN O O O O O S O �_ O O N
m N r R N lff T 'n R Ot t9
1� m N N N
•
N N IA N 1A N Fn QN N N N N N
n fO OTD
m fS g S W n tO ONi S N NRS t0 N A Obi
O t0 Q O fO ? t0 m t0 � 1� C') N R
• V ? N C7 N C7 tD rn f7 �D N N Oi C �" m to
N N N N N N N Np 47 to N N p N N to
N y N N
Q N tT� tN9 r M Y/ rn tom'! N b �O N OD OND ONi
Cf fes.
N co
LL.
y..
e e
N N N N N
TC
V
cm R N
Y N N N
Q ? Q V
N
d'
� a0 t0 umi N � tO tO N m t0 � N m rn O N Or O
ID
N t7
a0 ? N N m OO m N N R R CD R m R m N T T
A N N Y Y
p O 0]
Vf
i N E An o m
d U d C r T
a CD
N O >` O) NO mlo
E O 7 = N Y
m E � i. o rn A a o m N N 1W Y
o
o
O U m J LL LL p E LL A LL N m ~
N Hx m U _p > m o > > m u rn a A
V W m Q C LL S $ p LL LL LL 'L U �y Q C L
o
t0
— a n a m m c a
m m —api
d m o m e m m 9
W , O_ � _ m m aQ
fm N c7 N 07 R yOy N c"1 R N 'QC
N IY/1 N Y A H NN Y IO N N N N N LL � d tN0 {NO
a a rtO- r r° ¢
a a o
cc ca
a 0