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HomeMy WebLinkAboutReso 96-023 - Auth entering into a CH2M Hill Standard Agreement for Prof Serv for the Phase 2 Final Eng Design Serv Clear Creek Lift Station Expansion , . � � • ! RESOLUTION NO. 96-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING AUTHORIZING ENTERING INTO A CH2M HII,L STANDARD AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PHASE 2 FINAL ENGINEERING DESIGN SERVICES ON THE CLEAR CREEK LIFT STATION EXPANSION PROJECT, NOT TO EXCEED $271,000. WHEREAS, on July 18, 1995, the City Council approved the selection of CH2M Hill for the engineering design services on the Clear Creek Lift Station Expansion Project ("Project"), and authorized the Director of Public Works to negotiate a contract; and WHEREAS, on August 1, 1995, by Resolution No. 95-185, the City Council awarded a contract to CH2M Hill for the Phase 1 preliminary design of the Project; and WHEREAS, it was the intent of the parties that, upon satisfactory completion of the Phase 1 contract services, a contract be entered into with CH2M Hill for Phase 2; and WHEREAS, at this time staff is requesting Council approval to enter into a contract with CH2M Hill, Inc. for the Phase 2 final engineering design services, not to exceed $271,000; and to authorize $20,000 for City staff time for Project management, environmental review and design review, and a contingency fund of $20,000, for a total Project cost of $311,000; and WHEREAS, the total Project will be funded by the Wastewater Utility Fund; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL THAT: � 1. The foregoing recitals are true and correct. � � 2. The City Council approves entering into the attached CH2M Hill Standard Agreement � for Professional Services for the Phase 2 Final Engineering Design Services in an � amount not to exceed $271,000. The Mayor is authorized to sign the agreement on behalf of the City, and the City Clerk is directed to attest his signature and impress the official seal of the City. . • , � � 3. The Council further authorizes the expenditure of $20,000 for City staff time for Project management, environmental review and design review, and a contingency fund of $20,000, for a total Project cost of $311,000. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the City of Redding on the 16 th d1y Of January , 1996, by the following vote: AYES: COUNCIL MEMBERS: R. Anderson, McGeorge, Murray and Kehoe NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: P. Anderson ABSTAIN: COUNCIL MEMBERS: None �;. � i/ - - DAVID A HOE, May ATTEST: , � CONNIE S OHIVIAY , ity Clerk FORM APPROVED: � E-,/;' �,,. , �,7', W. LEONARD WIN(G TE, City Attorney l 2 . .... . :. . . � • ! CH2M I�ILL Standard Agreement For Professional Services This AGREEMENT is between CH2M HII.L, Inc., (the "ENGINEER") and the CTTY OF REDDING (the "OWNER") for a PROJECT generally described as: Clear Creek Lift Station Expansion Article 1—Scope of Services The Scope of Services is set forth in Attachment A. Articles 2 and 3—Compensation and Terms of Payment ENGINEER's compensation and terms of payment are set forth in Attachment B. Article 4—Obligations of the ENGINEER Amendments to ARTICLE 4, if any, are included in Attachment C. A. General The ENGINEER will serve as the OWNER's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnish- ing customary services incidental thereto. I3. Standard of Care The standard of care applicable to ENGINEER's services will be the degree of skill and dili- gence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. The ENGINEER will re-perform any services not meeting this standard without additional compensation. C. Subsurface Investigations In soils, foundation, groundwater, and other subsurface investigations, the actual characteris- tics may vary significantly between successive test points and sample intervals and at loca- tions other than where observations, explorations, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cosVexecution effects are not the responsibility of the ENGINEER. RDDIOOISIFD.DOC I "'"" . � � � D. ENGINEER's Personnel at Construction Site The presence or duties of the ENGINEER's personnel at a construction site, whether as onsite representatives or otherwise, do not make the ENGINEER or ENGINEER's personnel in any way responsible for those duties that belong to the OWNER and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordi- nating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and ENGINEER's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correct- ing, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except ENGINEER's own personnel. E. Opinions of Cost, Financial Considerations, and Schedules In providing opinions of costs, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect � operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operat- ing personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the OWNER's actual PROJECT costs, �nancial aspects, economic feasibility or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. When the OWNER requires the ENGINEER to prepare quantity and material take-offs and/or opinions of cost from plans and specifications that are less than 100 percent complete, the OWNER will hold the ENGINEER harmless from any and all loss, liability, or claims resulting from the incompleteness. �'. Construction Progress Payments Recommendations by the ENGINEER to the OWNER for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has com- pleted the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to OWNER free and clear of liens, claims, security interests, or encumbrances; or, that there are not other matters at issue between OWNER and the construction contractor that affect the amount that should be paid. RDD I OO151 FD.DOC 2 . � � G. Record I?rawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGI- NEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. Record drawings will consist only of the signed and sealed set of drawings in hard copy form. Any computer-generated files on diskettes or tapes furnished by the ENGINEER aze for the OWNER and others' convenience and to be used at user's sole risk. H. Minority-and Women-Owned Business; OWNER-Specified Subcontractors ENGINEER will comply with OWNER's directives in utilizing the services of OWNER- specified subcontractors and/or minority- and women-owned businesses on the PROJECT. Firms selected by the ENGINEER to meet said directives will be subject to approval of the OWNER. I. Access to ENGINEER's Accounting Records The ENGINEER will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. Said records will be available to OWNER during ENGINEER's normal business hours for a period of 1 year after ENGINEER's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incuned hereunder. The OWNER may only audit accounting records applicable to a cost-reimbursable type compensation. J. ENGINEER's Insurance ENGINEER 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 ENGINEER, his agents, representatives, or employees as follows: a. Worker's compensation and employer's liability insurance as required by the state or province where the work is performed. b. Automobile Liability, covering owned, non-owned, or hired vehicles with limits no less than $1,000,000 per accident for bodily injury and property damage. c. Commercial General Liability coverage at least as broad as Insurance Services Office Occurrence form CG 0001, with limits no less than $1,000,000 per occur- rence/$2,000,000 general aggregate. _ .. ... _.. _.. R DD I OO l 5(FD.DOC . , � . d. Professional Liability insurance with limits no less than $1,000,000 per occurrence. Coverage should be endorsed to include contractual liability. e. Both General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following conditions: 1. The OWNER, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the ENGINEER; or automobiles owned, leased, hired, or borrowed by the ENGINEER. 2. For any claims relating to this project, the ENGINEER's insurance coverage shall be primary insurance as respects the OWNER, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the OWNER, its officers, officials, employees, or volunteers shall be excess of the ENGINEER's insurance and shall not contribute with it. 3. Each insurance policy shall be endorsed to state that coverage shall not be can- celled except after 30 days prior written notice has been given to the OWNER. _ Article 5 - Obligations of the OWNER Amendments to Article 5, if any, are included in Attachment C. A. Owner-fua�nished Data The OWNER will provide to the ENGINEER all technical data in the OWNER's possession, including, but not limited to, previous reports, maps, surveys, borings, and all other informa- tion relating to the ENGINEER's services on the PROJECT. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the OWNER. B. Access to Facilities and Property The OWNER will make its facilities accessible to ENGINEER as required for ENGINEER's performance of its services and will provide labor and safety equipment as required by ENGINEER for such access. OWNER will perform at no cost to ENGINEER such test of equipment, machinery, pipelines, and other components to the OWNER's facilities as may be required in connection with ENGINEER's services, unless otherwise agreed to. OWNER will be responsible for all acts of OWNER's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, province, or __.. .. _ ;...... ... RDD I OO I S I FD.DOC 4 � . � � � federal authorities; and land, easements, rights-of-way, and access necessary for the ENGI- NEER's services or PROJECT construction. D. Timely Review The OWNER will examine the ENGINEER's studies, reports, sketches, drawings, speci�ca- tions, proposals, and other documents; obtain advice of any attorney, insurance counselor, accountant, auditor, and other consultants as OWNER deems appropriate; and render in writing decisions required of OWNER in a timely manner. E. Prompt Notice The OWNER will give prompt written notice to ENGINEER whenever OWNER observes or becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances and Indemnification If asbestos or hazardous substances in any form are encountered or suspected, the ENGI- NEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation of the problem. If asbestos is suspected, the ENGINEER will, if requested, assist � the OWNER in contacting regulatory agencies and in identifying asbestos testing laboratories and demolition/removal contractors or consultants. If asbestos is confirmed, the OWNER will engage a specialty consultant or contractor to study the affected portions of the work and perform all remedial measures. If hazardous substances other than asbestos are suspected, the ENGINEER will conduct tests to determine the extent of the problem and will perform the necessary studies and recom- mend the necessary remedial measures at an additional fee to be negotiated. G. Contractor Indemnification OWNER agrees to include the provisions of ARTICLE 4D, ENGINEER's Personnel at Construction Site, and provisions requiring construction contractors to name ENGINEER as an additional indemnity and additional insured on contractors existing general liability insurance in all construction contracts associated with this PROJECT: H. OWNER's Insurance OWNER will have the construction contractor provide a Builders Risk All Risk insurance policy for the full replacement value of all physical facilities associated with the ENGI- NEER's services. Such policy will include, if available, physical damage perils otherwise insured under the Builders Risk policy which result from the contingencies of design error, faulty workmanship, and defects in materials and workmanship. The policy will provide a waiver of subrogation as to the ENGINEER and OWNER and the construction contractors, .. _... RDD 100151 FD.DOC . � • and their respective officers, officials, employees, agents, subcontractors, and volunteers. OWNER will provide ENGINEER a copy of such policy. I. Litigation Insurance The Scope of Services does not include cost of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the OWNER. All such services required or requested of the ENGINEER, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as mutually agreed, and payment for such services shall be in accordance with ARTICLE 3, unless and until there is a finding by a court or arbitrator that ENGINEER's sole negligence caused OWNER's damage. J. Changes The OWNER may make or approve changes within the general scope of services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for per- formance of the services, an equitable adjustment will be made through a written amendment to this AGREEMENT. I�. Services of�NGINEER Unless this AGREEMENT is modified or terminated, the OWNER will have all services specified in this AGREEMENT performed by the ENGINEER, employing ENGINEER's standard form and content of drawings, specifications, and contract documents. Any item in the nature of maps, drawings, specifications, etc., which are provided to OWNER under this AGREEMENT shall become the property of OWNER. Article 6 - General Legal Provisions Amendments to Article 6, if any, are included in Attachment C. A. Authorization to Proceed Execution of this AGREEMENT by the OWNER will be authorization for the ENGINEER to proceed with the work, unless otherwise provided for in this AGREEMENT. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGI- NEER are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse by the OWNER or by others acting through or on behalf of the OWNER of any such instruments of service without the written permission of the ENGINEER will be at the OWNER's sole risk. The OWNER agrees to indemnify and defend the ENGINEER from all claims, damages, losses, and expenses, including, but not limited to, direct, indirect, or conse- quential damages and attorney's fees arising out of or related to such unauthorized reuse. RDDIOOISIFD.DOC 6 - . , � • C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER. D. Termination This AGREEMENT may be terminated for convenience on 30 days' written notice, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, ENGINEER will be paid for all authorized work performed up to the termi- nation date plus termination expenses, such as, but not limited to, reassignment of personnel, subcontract termination costs, and related close-out costs. On termination, ENGINEER shall turn over to OWNER all items of work for which ENGINEER received payment that are in the nature of, but not limited to, maps, drawings, calculations, etc. E. Suspension, Delay, or Interruption of Work The OWNER may suspend, delay, or interrupt the services of the ENGINEER for the con- - venience of the OWNER. In the event of force majeure or such suspension, delay, or inter- ruption, an equitable adjustment in the PROJECT's schedule, commitment, cost of ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. No Third Party Bene�iciaries This AGREEMENT gives no rights or benefits to anyone other than the OWNER and ENGINEER and has no third-party beneficiaries. G. Indemnification a. ENGINEER agrees to indemnify and defend OWNER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of ENGINEER, its employees, or agents in connection with the PROJECT. b. OWNER agrees to indemnify and defend ENGINEER from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of OWNER, its employees, or agents in connection with the PROJECT. c. If the negligence or willful misconduct of both the ENGINEER and OWNER (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between ENGINEER and OWNER in proportion to their relative degrees of negligence or willful miscon- duct, and the right of indemnity shall apply for such proportion. RDD 100151 FD.DOC 7 . ` � � H. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written con- sent of the other party. I. Interpretation Releases from, indemnities against, limitations on, and assumptions of liability and limita- tions on remedies expressed in this AGREEMENT shall apply even in the event of breach of contract or warranty, fault, tort including negligence, strict liability, statutory, or any other cause of action (except for willful or reckless disregard of obligations) of the party released or indemnified, or whose liability is limited or assumed, or against whom remedies are lim- ited. Party, as used herein, includes the named parties, their officers, employees, agents, sub- contractors, and affiliates. K. Jurisdiction The law of the State of California shall govern the validity of this AGREEMENT, its inter- pretation and performance, and any other claims related to it. L. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles 4, 5, and 6 shall survive termination of this AGREEMENT for any cause. R DD t 00I51 FD.DOC _ . ` � • Article 7 - Attachments, Schedules, and Signatures This AGREEMENT, including its Attachments and Schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following Attachments and Schedules are hereby made a part of this AGREEMENT: Attachment A-Scope of Services Attachment B-Compensation and Terms of Payment . _ _ _. , ,... RDD I OO I S l FD.D�C 9 • � • IN WITNESS WHEREOF, the parties execute below: For the OWNER, CITY OF REDDING dated this day of , 1995. By: Name Title Attested By: Name Title . Form Approved By: Name Title For the ENGINEER, CH2M HILL, Inc., dated this 3�'��J day of 3�a�vct�y , 1995. By: �vCL.�;cy �- ���`'ti1 Area Manag,er Name Title RDD IOOIS I FD.DOC I O . � � Attachment A Attachment A to the AGREEMENT between CH2M HILL, Inc., (the "ENGINEER"), and the CITY OF REDDING, (the "OWNER"), for a PROJECT generally described as: Clear Creek Lift Station Expansion Article 1-Scope of Services ENGINEER agrees to furnish OWNER the following engineering services: Phase 2-Final Design Services Task 2.1-Permitting Assistance ENGINEER will identify and secure permits and approvals required for project implementa- tion, maintain documentation and establish procedures to ensure compliance with permit requirements. ENGINEER will represent OWNER in discussions with the necessary agen- cies. OWNER will provide payment to agencies for permits and other direct expenses. ENGINEER has assumed that permits and approvals as identified in the Clear Creek Lift Station Expansion Preliminary Design Report can be obtained in a reasonable and routine fashion. Extended negotiations, public hearings, and protracted time involvement in connection with obtaining the identified and any unidentified permits and approvals are not incIuded in the Scope of Services. OWNER will assist in obtaining necessary permits from City of Redding. Task 2.2-Lift Station and Junction Box Final Design The ENGINEER will perform the following project management and administrative activities: • Meet with the OWNER to review project scope of work, project schedule and work prog- ress for expansion of the Clear Creek Lift Station. • Schedule regular project coordination and status meetings, prepare and distribute meeting agendas in consultation with OWNER, prepare and distribute meeting notes, and arrange appropriate participants to attend, including all those from the regulatory agencies impacted by this project. • Develop and submit to OWNER monthly progress reports and monitor and update project schedule. RDD I OO151 FE.DOC A-] _. .. . • , � • � Perform final design of the Clear Creek Lift Station Expansion as described in the Clear Creek Lift Station Expansion Preliminary Design Report, dated December 1995,for the recommended project(Alternative 4A). Final design of the Clear Creek Lift Station will be provided for the following new facilities: a new caisson-style lift station and valve vault, junction box, electrical building, standby power generator, interconnecting sewer piping, force main piping, a 40-foot extension of the new parallel Westside Interceptor, a valve modification to the Primary Effluent Distribution Structure, and an odor control system. Final design will include the following changes to existing facilities: relocation of a metal building, and modifications to the existing lift station, which include (1) improved ventilation and cooling, (2) replacement of the wet well trash plate, (3) repair of the inlet sluice gate, and (4) replacement of a pipe coupling on the discharge piping. Final design drawings will consist of general, civil, structural, mechanical, instrumentation and control, electrical, demolition, and standard detail sheets. The ENGINEER will: 1. Prepare Construction Contract Documents including proposal forms, notice to bidders, general and special conditions, bond forms, technical specifications, and drawings as ' customarily made available for bidding and construction of this type of project. 2. Compile and submit six copies of design packages for OWNER's review at approxi- mately the 50 and 95 percent stage of design completion. ENGINEER will incorporate appropriate OWNER's review comments. 3. Submit six copies of pertinent engineering calculations (e.g., pump calculations and system curve, structural calculations, etc.) 4. Prepare an opinion of construction cost on the basis of the 95 percent review submittal. 5. Deliver six sets of final contract documents and electronic files of 100 percent drawings on 3-1/2-inch diskettes in AutoCAD, Release 12 format, and one set of 8-1/2- by 11-inch reproducibles of 100 percent specifications. ENGINEER will print and distribute up to 75 sets of contract documents. ENGINEER will charge a fee for each set of documents to cover printing and distribution costs. Phase 3-Bid Period Services Task 3.1-Bid Assist ENGINEER will: 1. Respond to questions during the advertisement period. 2. Attend one prebid conference with the OWNER and potential bidders. RDDIOOISIFE.DOC A-2 - - � � � 3. Prepare and distribute all ENGINEER-generated addenda. 4. Evaluate bids and make a recommendation to the OWNER regarding award of the con- struction contract. Evaluation shall consist of examining bids for irregulazities and rank- ing the bidders according to price of bid. 5. Engineering services that may be required in event of a bid protest aze not included in this Scope of Services. RDD I OO I S I FE.DOC A-3 • � � � � � Attachment B This attachment is to the AGREEMENT between CH2M HILL, Inc., ("ENGINEER"), and the CITY OF REDDING ("OWNER") for a PROJECT generally described as: Clear Creek Lift Station Expansion Article 1—Compensation Compensation by OWNER to ENGINEER will be as follows: A. Lump Sum For services enumerated in Attachment A, Article 1, ENGINEER will be paid in progress payments, a total lump sum of$271,000. Monthly progress payments will be based on the estimated percentage of completion of the project at the end of each calendar month. The determination of percentage of completion will be by mutual agreement subject to final approval by OWNER. If the scope of services is expanded by amendment causing an increase in the lump sum contract amount, ENGINEER will be reimbursed for services completed prior to amendment of the contract which are authorized by the amendment. Any work per- formed by ENGINEER prior to the amendment of the contract will, however, be at the sole risk and responsibility of the ENGINEER, and the OWNER will not be obligated to pay for such extra work in the absence of a written contract amendment as required by Article 7 of the contract. Article 2—Schedule A. Schedule The OWNER and ENGINEER will complete the Attachment A, Article 1, Scope of Work, according to the schedule shown on Figure l. RDDIOOISIFF.DOC B-1 U m � ' ' � � Q � O � Z a� U � � � � � � � Q 7 Q�! ' T C 7 � �6 � � Q � � N � � m LL C � � .......................................... . U � C � z O � o � v r .� � � 3 L J V Q � � � � 5 � Q� � O a�, ' 3 ii L a T � � U _ � � (�C i � � d � � U � a O � � � � � m � ; � � � � � ...--.-...--.-.�....-.:....................... U r m � d a � x U � � O � � U � � a � m ' � 3 —�° p � � �+ < u � z ` � C .,��,, p Y c � D � � y Q C F U �i m C� tn � w G � w t� v � ' � C7