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HomeMy WebLinkAbout1996-010 Brown & Caldwell Wastewater Upgrade rrr� Contract No. 96010 CONSULTANT SERVICES AGREEMENT FOR THE CITY OF ATASCADERO WASTEWATER TREATMENT FACILITY UPGRADE PROJECT THIS AGREEMENT, made this the 26th day of February, 1996, by and between the CITY OF ATASCADERO, hereinafter referred to as "City", and Brown and Caldwell, hereinafter referred to as "Consultant". Witnesseth that for and in consideration of the mutual covenants contained herein, the parties hereto agree one to the other as follows: Article 1 - Authorization A. Consultant will perform the services under this Agreement upon receipt of the Notice to Proceed issued by the City Manager. B. The following exhibits are attached hereto, and incorporated herein, by reference as though here fully set forth. 1 . Exhibit A , Scope of Preliminary Design Services 2. Exhibit B, Fee Schedule Article 2 - Responsibilities of Consultant A. Consultant shall provide the preliminary design services for the Wastewater Treatment Facility Upgrade Project as described herein and outlined on Exhibit A for the City of Atascadero. B. In the performance of Consultant's service under this Agreement, Consultant agrees that he will maintain such coordination with City officials as may be requested and desirable, including primary coordination with the Project Coordinator, herein designated as the City Engineer. C. Insofar as they may be applicable to the project contemplated by this Agreement, Consultant shall render the services and tasks per Exhibit A, commencing with receipt of a written Notice to Proceed signed by the Project Coordinator and by the City Manager. Article 3 - Responsibilities of City City shall cooperate with Consultant on all phases of the services covered by this Agreement and will make available to him, as his needs indicate, all existing maps, topographic maps, aerial photographs, soils reports, and other similar data in possession of City covering the site as selected. Article 4 - Fee and Provision for Payment City will pay Consultant a fee of not to exceed $74,400.00 for the services contracted under this Agreement. Consultant shall submit monthly progress reports to City indicating the state- of-completion of each task specified in Exhibit A. Consultant shall be paid no later than thirty (30) days following receipt by City of Consultant's progress report and invoice. Any additional applicable hourly rate billings as authorized in Article 5 shall be based on the Fee Schedule contained in Exhibit B. Article 5 - Payment for Extra Services or Changes Any claim for payment for extra services or changes in the services will be paid by City only upon certification by the City Manager that the claimed extra service or change was authorized in advance by the Project Coordinator and the City Manager, and that the service has been satisfactorily completed. Invoices for extra services which are approved by the Project Coordinator and City Manager 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. Article 6 - Suspension or Termination of Agreement A. If Consultant fails to comply with the conditions of the Agreement, City may, by written notice of the Project Coordinator and the City Manager, suspend the Agreement and withhold further payments pending corrective action by Consultant or a decision to terminate the Agreement. After receipt of notice of suspension, Consultant may not incur additional obligations of Agreement funds during the suspension unless specifically authorized by the Project Coordinator and the City Manager. B. Either party hereto shall have the right to terminate this Agreement upon giving ten (10) days written notice of such termination of this project in its entirety, notwithstanding any other fee provisions of this Agreement, based upon services accomplished by Consultant prior to notice of such termination. In the event of termination of any portion of this project, Consultant shall be entitled to the reasonable value of his services involved in the termination, as determined by City, upon a finding which shall be final and conclusive as to the amount of fee due and owing. fir.►' *40 Article 7 - Time of Completion Consultant agrees to diligently pursue the services required under this Agreement and to complete the services as described in Exhibit A within 60 working days from receipt of the written Notice to Proceed signed by the City Manager and the Project Coordinator. Consultant shall not be responsible for any delay which is caused by City review, action or inaction of City and/or any state or federal agency, or acts of God, but shall be responsible for his own fault or negligence or that of any of his subcontractors. Article 8 - Conflicts of Interest No member, officer, or employee of City, during his or her tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Article 9 - 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. Article 10 - Covenant Against Contingent Fees Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employee working solely for him, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency. Article 11 - Contract Personnel The services to be performed pursuant to this Agreement shall be done by Brown and Caldwell and such other personnel in the employ or under the supervision of Consultant who shall be approved by City. The City official who shall be vested with the right of approval of such additional personnel or outside contracting parties shall be the City - �rrr+ 'rrr✓ Article 16 - Modification of Agreement This Agreement may be modified only by a written amendment signed by both parties hereto. Article 17 - Law Governing This Agreement shall be governed by the laws of the State of California. Article 18 - Communications Communications between the parties to this Agreement may be sent to the following addresses: City: CITY OF ATASCADERO 6500 Palma Avenue Atascadero, CA 93422 Attn: Steven J Sylvester, City Engineer Consultant: Brown and Caldwell 16735 Von Karmen Suite 200 Irvine CA 92714-4918 ACCEPTED AND AGREED this the % day of CITY: CITY OF ATASCADERO, a municipal corporation AT .- -/-" I - a 11 By .�Z / Lee Price, City Clerk Geo e P. H' and, Mayor APPROVED AS TO FORM: CONSULTANT: By By /.tJ AArther Mo tando Robert M. Finn City Attorney Vice President APP OVED AS TO CONTENT: Steven J. S I esr, City Engineer • err' �1d+` Exhibit A Scope of Preliminary Design Services for the City of Atascadero Wastewater Treatment Facility Upgrade Project I. Project Management/Meetings A. Conduct kick-off meeting with City Staff B. Assist City Staff with the evaluation of Regional Water Quality Control Board requirements C. Conduct brainstorming session with City staff D. Project management plan and support services E. Accumulate and review available information 1. previous technical studies 2. previous environmental studies 3. as-built drawings 4. other II. Preliminary Design A. Establish design criteria 1 . treatment process 2. effluent 3. sludge 4. structural 5. electrical 6. instrumentation 7. architectural 8. mechanical 9. general civil B. Prepare site layout C. Prepare process flow schematic D. Prepare hydraulic profile E. Prepare individual process schematics 1. influent pumping station 2. primary clarifiers 3. grit separation system 4. gravity thickener 5. auto thermal digesters 6. foul air systems 7. other B. Prepare preliminary plans 1. primary clarifier arrangement 2. grit separation area arrangement 3. gravity thickener arrangement 4. polishing pond structure arrangement 5. aerobic digester arrangement 6. foul air arrangement 7. other C. Prepare preliminary construction cost estimates D. Prepare recommendations for phasing of improvements III. Prepare Project Report A. Deliver six copies of project report to City IV. Conduct Meeting to Review Project Report with City Staff MM-08-19136 10:07 FROM NORTH COAST ENG, INC TO ATAS CITY HALL P.01 Post4r Fax Note 7671 u&m 3 i s f* To From.,"V4 l r1Mr' CONapt Co. NC,G Exhibit B Phare g phone a Fax Fax BROWN,AND C&WW'LU-SCHEU=OP-1ICSUIx V BASE RAM 6n Z IVE 6E""AGER 26, 1995 TO S£1F]ZN4M 27, z 996 ET r Rabc E��NG 109 Exe=tive 110 dlief �- 135.00 III L 135.00 112 K 1 I8zo UsJ hWneer 114.00 114 Setd Y 106.00 115 89.00 116 G 76_P4 117 G6.Ua 118 A;& 56.00 47.00 TECMrCAL aso thief 351 I 106.00 352p � 99 S .00 00 353 ScCtiOr �, H 89. Q 854 76.00 3S& � , E 56.00 S G.00 880 tidd Dbaw 331 -%Pwvki"9 H 89.00 332 bead. des G 76.00 333 Sftdqt. Dndw F 66M 334. fit, E 5$-00 335 A, rt , raftw D 47,00 836 Tntinm Diet, c $8.00 3�.A0 495 AUA"�tCSTRE►71�17E 4" � t�cac Wager C 58.00 i8? e Wat3 II Wat.'� 8 er 32,00i A ZZ-00 491 II s 492 D 47.00 T � c 5800 5 56$ r� A*mtWjW E 5640 D 47.00 870 IV 671 �� 8 56.00 672 II woedhoceam47.00 673 1 Word Fi►ooess� $ S 00 0 CITY OF ATASCADERO 19181979 �A�srAn> o� DEPARTMENT of PUBLIC WORKS NOTICE TO PROCEED DATE: March 18, 1996 CONSULTANT: Brown & Caldwell 16735 Von Karmen, Suite 200 Irvine, CA 92714-4918 CONTRACT NO. : 96010 CONTRACT FOR: Engineering Design Services for the Wastewater Treatment Facility Upgrade Project You are notified that the Time of Completion under the above Contract will commence to run on April 1, 1996. By that date, you are to start performing your obligations under the Consultant Services Agreement, hereinafter referred to as "Agreement". In accordance with the Agreement the date to complete the services is June 24, 1996. Before you may start any work, Article 13 of the Agreement provides that you must deliver to the City Manager certificates of insurance which you are required to purchase and maintain in accordance with the Agreement. j Andrew Takata, C ty Manager JBN/tas 9418205.ATA 6500 PALMA AVENUE • ATASCADERO,CA 93422 Administration/Engineering:(805)461-5020 WastewaterTreatment:(805)461-5077 FAX:(805)461-7615 :i :3E{; ::<d<'!<<;S«S::'';::;:'<;;:::<::: :, ;i2 `iiE3Ei..>.:;: <: . : .. . DATE(MM/DD/YY) 6 � � � � � ................... 03/22/9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ALEXANDER & ALEXANDER OF CALIFORNIA, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 333 BUSH STREET, SUITE 600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SAN FRANCISCO, CA 94104-2878 r C COMPANIES AFFORDING COVERAGE_.-___ -_ _ (415)391-2600 - LLL! �q COMPANY RELIANCE INSURANCE COMPANY A INS4�% AND CALDWELLI. 2 Q ' ,'' ,COMPANY G, P.O. BOX 8045 Lv B WALNUT CREEK, CA 94596 --- COMPANY Ci b" �' ATASEADE W C CITY CLERK> �;vE --- '"""""' COMPANY D COt�AOf S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COTYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) VQ U41 25 95 GENERAL LIABILITY GENERAL AGGREGATE $ A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/CP AGG $ X 1,00II1-D00— CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 11-000,000- OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ - -__ 1;OIIOODt)- FIRE DAMAGE(Any one fire) $ Nil--- MED EXP(Any one person)_VQ b4-1 2b $__ -UJ AUTOMOBILE LIABILITY A X COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO _ _ - - ___-.. -_-__ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY -- (Per accident) $ NON-OWNED AUTOS - PROPERTY DAMAGE $ I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT_ -$, � ANY AUTO OTHER THAN AUTO ONLY , EACH ACCIDENT $ _ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE _$_-_ _ EX - UMBRELLA FORM AGGREGATE_ $ _ OTHER THAN UMBRELLA FORM -- 113 .39 19-U3 WE STATU- OTH- WORKERS COMPENSATION AND -TORY_LIMITS__- _ER_. A j EMPLOYERS' Y EL EACH ACCIDENT_ --- Z-�0-OD ODD- THE IIff"-LIABILITY $ THE PROPRIETOR/ INCL EL DISEASE-.POLICY LIMIT _$. _ PARTNERS/EXECUTIVE I;II00;00� OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE OTHER i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS TREATMENT FACILITY UPGRADE PROJECT, BC PROJECT #TBD. ADDITIONAL INSURED (RE: G/L & AUTO) : CITY OF ATASCADERO, ITS OFFICERS, EMPLOYEES AND AGENTS. COVERAGE IS PRIMARY. PRIMARY CROSS LIABILITY COVERAGE IS INCLUDED. "NOW ON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ATASCADERO I EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL f DEPARTMENT OF PUBLIC WORKS _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 6500 PALMA AVENUE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATASCADERO, CA 93422 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR_REPRESENTATIVES. ATTN JOHN B. NEIL, ASST CITY ENGINEER AUTHORI D REPRESEN ATIVE ALEXANDER & ALEXANDER OF CALIFORNIA INC. c Certificate of Insurance *40 Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice Insurance Brokers, Inc. INFORMATION ONLY AND CONFERS NO RIGHTS UPON 10 California Street THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Redwood City CA 94063-1513 AFFORDED THE POLICIES LISTED BELOW. (415)3695900 Fa)c (415)366.1455 Insureds Name and Address: Companies Affording Policies: A: BROWN AND CALDWELL B: 3480 Buskirk Avenue o: Pleasant Hill CA 94523-4342 E: RELIANCE NATIONAL INDEMNITY COMPANY F: COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE POLICY LIMITS GENERAL LIABILITY General Aggregate: ❑ Commercial General Liability Products-Com/Ops ❑ Claims Made Aggregate: A ❑ Occurrence Personal and Adv.Injury: ❑ Ownees and Contractors Each Occurrence: Protective Fire Dmg.(any one fire): AUTO LIABILITY Combined Single Limit: ❑ Any Automobile Bodily Injury/person: ❑ All Owned Autos Bodily Injury/accident: B ❑ Scheduled Autos Property Damage: ❑ Hired Autos ❑ Non-owned Autos ❑ Garage Liability EXCESS LIABILITY Each Occurrence: C ❑ Umbrella Form Aggregate: ❑ Other than Umbrella Form WORKERS' Statutory Limits D COMPENSATION Each Accident: AND EMPLOYERS' Disease/Policy Limit: LIABILITY Disease/Employee: E PROFESSIONAL NTF201569804 3/31/95 5/31/96 Aggregate $1,000,000 LIABILITY' F Description of Operations/LocationsNehicles/Restrictions/Special Items: All operations of the named insured including Wastewater Treatment Facility Upgrade Project-BC Project#tbd. *Written at aggregate limits of liability not less than amount shown. THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Certificate Holder: CANCELATION: CITY OF ATASCADERO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY,ITS AGENTS OR DEPT.OF PUBLIC WORKS REPRESENTATIV WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 6500 Palma Avenue CERTIFICATE H R NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOS LIABILITY OR OBLIGATION ON THE INSURANCE COMPANY,ITS Atascadero CA 93422 AGENTS OR ESENTATIVES. Attn: John B.Neil,Asst.City Engineer Authorized tati 3/22/96 mh cc: