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HomeMy WebLinkAboutC-5388 - PSA for Geotechnical and Material Testing and Specialty Inspection ServicesPROFESSIONAL SERVICES AGREEMENT WITH WILLDAN GEOTECHNICALFOR CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement") is made and entered into as of this h day of February, 2013 ( "Effective Date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and WILLDAN GEOTECHNICAL a California corporation ( "Consultant'"), whose address is 1515 S. Sunkist Street, Suite E, Anaheim, CA 92806 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to perform geotechnical and materials testing and specialty inspection services for the Corona del Mar Transmission Main Pipeline Improvements ('Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Ross I4hiabani, PE, GE. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: am The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty -Seven Thousand, Four Hundred Dollars and 001100 (187,400.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. WILLDAN GEOTECHNICAL Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ross Khiabani, PE, GE to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 1�,e19I OT, 11 [� i 7ti r *7 This Agreement will be administered by the Public Works department. Patrick Arciniega, Senior Civil Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional WILLDAN GEOTECHNICAL Page 3 standards' shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties, Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. WILLDAN GEOTECHNICAL Page 4 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duty authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. r Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of WILLDAN GEOTECHNICAL Page 5 any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. WILLDAN GEOTECHNICAL Page 6 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. r • • City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding, Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. WILLDAN GEOTECHNICAL Page 7 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Patrick Arciniega, Senior Civil Engineer Public Works City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: WILLDAN GEOTECHNICAL Page 8 Attn: Ross Khiabani, PE, GE WILLDAN GEOTECHNICAL 1515 South Sunkist Street, Suite E Anaheim, CA 92806 Phone: 714- 634 -3318 Fax: 714 - 634 -3372 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 of seq.). 28. TERMINATION 28.1 in the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, WILLDAN GEOTECHNICAL Page 9 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] WILLDAN GEOTECHNICAL Page 10 WILLDAN GEOTECHNICAL Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'§ OFFICE Date: 2, II 13 la Aaron C"Harp City Attorney ATTEST: Date: By. 1V ` Leilani I. Brown City Clerk_ V CITY OF NEWPORT BEACH, A California uni ipal corporation Date: LJ' 2 B y: Keith Curry Mayor CONSULTANT: WILLDAN GEOTECHNICAL, a California corporation � / Z� Date: �T S By: Ross Khiabani Director of Geotechnical Services Date: ` u7 / 3 By' a> o�R�� Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements WILLDAN GEOTECHNICAL Page 12 WILLDAN GEOTECHNICAL Page A -1 NVWILI_DiAN Geotechnical Exhibit A Corporate Documentation Corporate Status /Owrnersbip Willdan Geotechnical is a division of Willdan Engineering, a wholly -owned subsidiary of Willdan Group, Inc,, a publicly traded California Corporation, listed on the NASDAQ stock exchange. Willdan Group has provided professional consulting services to public entities since its inception in 1964. Starting in 1999, Willdan Group collected its geotechnical engineering services into an operating division which did business as Arroyo Geotechnical until 2003, when it was renamed Willdan Geotechnical to reflect the integrated nature of all of Willdan Group's operating divisions. Willdan Geotechnical's principal place of business is located at 1515 S Sunkist Street, Suite E, Anaheim, California. Management Tenure Ross Khiabani, PE, GE, is the Senior Vice President and Director of Geotechnical and Material Testing Services of Willdan Geotechnical. Ross has lead Willdan Geotechnical since 2003. He has more than 30 years of experience providing professional geotechnical engineering, materials testing, and inspection services in Southern California. Girish Agrawal, PhD, PE, GE, is the Principal Engineer for Willdan Geotechnical. Girish has been with Willdan Geotechnical since 2009. He has nearly 20 years of experience providing professional geotechnical engineering and construction support services in California. Joseph M. Ritchey is the Operations Manager for Willdan Geotechnical's Materials Testing & Special Inspection Department. Joe has been with Willdan Geotechnical since 2004. He has over 25 years of experience providing construction inspection and materials testing services, Joe manages and supervises the material testing, special inspectors, and deployment of inspectors and technicians. Financial Strength The Willdan Group has sustained a healthy financial performance record due to a strong, dependable reputation in the engineering consulting and municipal services industries. There are no known conditions that will impede Willdan's ability to successfully complete geotechnical City of Newport Beach, Public Works Department Gsote,hnic,A Marar,'al T3sf ng, and 4,3€csa! OrpocOn Services � WILLDAN Geotechnical engineering and materials testing/inspection assignments for the City of Newport Beach Department of Public Works. Project Understanding We understand that the City of Newport Beach (City) requires geotechnical, special inspection, materials testing and non-destructive testing of all welds for the Corona Del Mar Transmission Main Pipeline Improvement Project. This project calls for the installation of 5,300 linear feet of new 30" CML &TW steel pipe transmission main extending from the existing 30" main in Pacific View Drive down the proposed alignment to the existing 30" main at the intersection of East Coast Highway and MacArthur Blvd. An additional 2,610 linear feet of new 24" CML &TW steel pipe will tic into the connection of the new 30" CML &TW steel pipe at MacArthur Blvd. and East Coast Highway and extend down Carnation Avenue to tie into the existing 24" water main on Bayside Drive. The work involves both open -cut and jack and bore construction. The City's existing regulator structure from Metropolitan Water District System (CM -1) in, East Coast Highway at Fernleaf Avenue will be relocated to Dahlia Avenue. The existing CM -1 regulator structure will be removed and a replacement line from the new regulating structure will Lie into the existing line at the old structure. Lastly, the construction of the new CM-1 vault in Dahlia Avenue will require relocating the existing 8" sewer main and installing a new 16" CML &TW steep pipe in Dahlia Avenue and 5th Avenue. Scope Of Services Geotechnical Willdan Geotechnical understands that our efforts will be directed by the City's Construction Manager. We propose to perform all required geotechnical observation and testing during all phases of the proposed construction. The services will be provided in accordance with the applicable building codes, per requirements of approved project plans, and specifications. • Review of all the plans and specifications. Our team will familiarize themselves with all the details of the project. • Attend preconstruction meeting. • Soil technician on site during trench excavation, pipe bedding placement, trench backfill and jack and bore operation with engineering support on an as needed basis. Technician City of Newport Beach, Public Works Department Gookf, (dhnicaf, Pelate riaf Testing, and Spocial inspection Swvioes 2 Geotechnical shall perform all necessary field testing (nuclear gauge) of compacted bacictill to ensure proper compaction for pipe bedding and roadway subsurface. • Soils technician on site to perform all necessary aggregate base and asphalt density testing at roadways. • Perform as needed laboratory testing to determine soils engineering and index property. • Provide engineering support, technician coordination, engineering review, test reporting, QA/QC, and administrative support services. • We will promptly submit daily field- testing reports indicating information pertinent to the work performed and their compliance or non - compliance to the project documents and applicable codes. These will be provided to the owner, client and /or building official for review. • The written daily reports at a minimum will include, date of issue, project title and number, name of the individual making the observation and testing, description of work area/material tested, result of observation/test data and interpretation of the data, and professional opinion as conclusions and recommendations. A sample field daily report will be presented in the beginning of the job and approved by project construction manager. Materials As stated in the Project Understanding section, Willdan understands that our efforts will be directed by the City's Construction Manager. We anticipate putting a lead inspector on tho project with all applicable licenses — reinforced concrete and structural steel weldinglbolting our inspector will also perform dye penetrant testing on all welds in order to reduce the need for multiple inspectors onsite. Our designated lead inspector will also observe trench bottom and placement of bedding around the pipe. The lead inspector will coordinate with the City's designated representative in order to ensure that all inspections and testing requirements are met. The lead inspector will be supplemented by additional staffing when deemed necessary by the City's designated representative. The following is a list of minimum services provided: • Attend preconstruction and bi- weekly construction meetings. • Review of all the plans and specifications. Our team will familiarize themselves with all the details of the project. • ICC certified structural steel assembly/bolting inspector during all phases of structural steel assembtylconstruction. Review welder and material certifications prior to field welding. Observe and /or test all bolted and welded connections per approved plans/specifications and applicable building code requirements. • ICC certified reinforced concrete inspector during construction of any and all structural concrete elements. Inspect the placement of reinforcing steel for compliance with the City of Newport Beach, Public Works Department GeDlachrucaF, Mat -wiot resting and Spacial lnspeotion Srtrvla s 3 W I LLDAN Gootochnical plans and specifications. Monitor the placement and QC of concrete, non - shrink grout, anchors and epoxy. Sample and test the Concrete /non- shrink grout for slump, temperature and compressive strength. 9 Inspect interior mortar joints for cracks and take photos of each joint on as- needed basis on 30" and 24" lines. Provide engineering support, inspector /technician coordination, dispatch, material engineering review, test reporting, QA/QC, and administrative support services. Observation and inspection of external corrosion protection of pipe field welded joints. Archaeological/Paleontological Monitoring The archaeological monitoring is to ensure that known archaeological resources are not inadvertently impacted by construction activities or equipment and to identify buried archaeological material that could be destroyed by construction. Archaeological material consists of objects modified or used by people in the past. Such material may consist of features or artifacts, such as hearths, projectile points and other stone tools or historic -age artifacts or features, such as refuse deposits or foundation walls or footings. The paleontological monitoring is to identify buried fossil material that could be destroyed by construction. Fossil material consists of the remains of plants and animals, which existed on earth prior to mankind. Such material may consist of fossilized bone, teeth, leaves, stems, shells, etc. The archaeological /paleontological monitoring will be performed under the direction of the experts following all written and verbal safety instructions from the construction contractor at all tirnes. The only exception is if /when a monitor needs to temporarily either stop construction or route construction around a sensitive area or finds exposed by the construction activities. In those cases, the authority to divert equipment and activities lies with the monitor and not the construction contractor. All monitors have training and experience working around construction equipment and will coordinate with the applicable equipment operator to ensure the safety of all persons in the construction area. City of Newport Beach, Public Works Department (3entechmca( i'daterial Testing, and Special !nspectort Seivicas EXHIBIT B SCVEDULE OF BILLING RATES WILLDAN GEOTECHNICAL Rage B -1 Soils Technician Hr $ 78 798 $ Field Vehicle Usage Hr $ 5 798 $ Project Geotechnical Engineer Hr $ 175 32 $ Equipment Usage - No Charge Hr $ - 0 $ Soil Compaction Curve Ea $ 165 5 $ Soil Gradation Ea $ 65 2 $ CMB Gradation Ea $ 175 3 $ Asphalt Max. Density Ea $ 175 3 $ Sand Equivalent Ea $ 65 4 $ SOILS & AGGREGATE TESTING & OBSERVATION SERVICES TOTAL: $ Technician Field (Interior inspection & Photos ) Field Welding / Bolting Inspection Non - Destructive Testing - ( Dye Penetrant) In addition to inspector rate STRUCTURAL Hr $ 75 64 $ TECHNICIAN SERVICES TOTAL: $ Hr $ 75 784 $ Hr $ 6 784 $ WELDING/BOLTING TOTAL: $ 62,244 3,990 5,600 825 130 525 525 260 :MI 58,800 4,704 63,504 Supervision, Dispatch & QA/QC Hr $ 68 110 $ 7,480 Administrative/Typing Support Hr $ 32 60 $ 1,920 Engineering Review & QA/QC Hr $ 32 175 $ 5,600 QAIQC ENGINEERING & ADMINISTRATIVE SUPPORT SERVICES TOTAL: $ 16,000 Field Monitoring and Final Reports (estimated) $ 30,000 TOTAL ESTIMATED COST: $ 187,400 W _ DAN VOW, rothe11 ;1 . rr Fee Schedule - Personnel Corona Gel Mar Water Transmission Main Construction Effective January 1, 2013 to Project Completion TECHNICAL STAFF GEGTECHMICAI Principal /Chief Engineer /Geologist ........ ............................190 Senior Geotechnical EngineeriGaoiogist ...........................175 Project Engineer /Geologist ..................... ............................150 Senior Staff Engineer/Geologist ........................ .................120 Staff EnglneedGeologist ...................... ............................100 Sr. Soil Technician (Non - prevailing Wages)....,.... ........ __70 Sr. Soil Technician (Prevailing Wages} ... .............................78 Soil Technician (Non- prevailing Wages)..._ ............ ....._., 70 Soil Technician (Prevailing Wages).... ........ ...... ...... _78 SPECIAL INSPECT/ pN Construction Matenal Engineer ....... ............................... 155 Supervisor......................................... ............................... 110 Special Inspection (Non - Prevailing Wages ) .........................BO Special Inspection (Prevailing Wages) .... .............................75 Concrete Test Report .. ...... ....... ........... ............... ................ 10 Computer Data Entry ............................ ..........................75.00 Clerical............. _.............................. ............................... 75.00 Word Processing ............................. ............................... 60.00 Computer Time .... .......................... -.... .._.......................15.00 CADOperator ........ ............................... .......................... 85.00 EXPERT WITNESS Principal Engineer/Geologist,........ ............................... 350,00 Staff assignments depend on availability of personnel, site location, and the level of experience that will satisfy the technical requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Travel time to and from the job site will be charged at the hourly rates forthe appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %).A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination, Page 1 of 2 41 �W INILL-DAN I Fee SGhedUle - Laboratory Corona Del Mar Water Transmission Main Construction Effective January 1, 2013 to Project Completion Identification and Wei Properties In-Situ Moisture and Density (ASTM D2937) ...............20.00 15.00 Grain Size Analysis (ASTNI D422) Sieve Only (3" to #200) ....................... ................:.........70.00 86,00 Steve and Hydrometer ...:.................... ................:........120.00 - ..... QUO Percent Passing #200 Sieve (ASTM D1140) ............. 50.00 Afterberg Limits (ASTM D4318) 70.00 I'VILIN Point ........ ­ ........ .... . . .... ................ . ......... 110.00 One Point .._....... ..... .... __ ... _ ....... 75.00 Specific Gravity (ASTM D854) 75.00 Sand Equivalent (ASTM D2419) ..... ...... 75,00 Compaction and Bearing Strength Modified Proctor Compaction (ASTM D1557) Method A or B (4" Mold)......................... .........................165.00 Method A or B (6" Mold)., . . .................... ............. ___ 175.00 Compaction, California 216 ................:... .........................180.00 California Bearing Ratio CBR (ASTM D1883) 3 points ......... ................ ....... .......... ............ 45U0 R-Value ...... ............................... _ ......... ................ 250.00 Shear Strength Torvare/Pocket Penetrometer ......... ............................... 15.00 Direct Shear - per point Consolidated -Drainad per pt, (ASTM D3080) ................. 86,00 Residual per pt........__ ... ..... ........ ... _ ...... __ .......... - ..... QUO Unconfined Compression (ASTM D2166 ),......._........_...120.00 Unconsolidated-Undmined (UU)............ .........................150.00 70.00 Asphalt Tests Consolidation/Collapse and Swell Tests Consolidation (ASTM D2435l 5 load Increments w1one time- rate .... .........................160.00 Additional load increment.................. ...........................25,00 Additional Time rate per load increment ...................... 50.00 Single point (collapse ............. ___ .......... 50.00 Single Load Sw_-II (ASTM D4546) Ring sample, field moisture ................ .......................... 70.00 Ring sample, air ........ 70,00 Remolded sample per specimen ..... _ ...... ......... . 50,00 Expansion Index (ASTM D4829/UBC 29-2) ...............125.00 Laboratoty Permeability Constant Head (ASTM D2434) ......... .........................235.00 Failing Head Flexible Wall (ASTM D5084) .................285.00 Triaxial Permeability (EPA 9100) ............................... 330G0 Chemical Tests Corrosivity (pH, resistivity, sulfates, chlorides) .... ... _ 165.00 Organic content (ASTIQ D2974)......... ..........................70.00 Construction Material Testing 6 X12 Concrete Cylinder (C39) ..... _ ..... ..... - ................20.00 2", 4", 6" Diameter Concrete Cores (Test Only) ...........30.00 Mortar and Grout, Cylinder and Cubes ........................20.00 Reinforcing Steel, Tensile and Send Tests__ .............45.00 Cylinders Pick-up ......................... ..........................45.00 Extraction/Asphalt ............................... ............................... Hvoem/Marshall Maximum Density........ ............................ 220 Wash Gradation ... ......... ........ 100 Unit rates pres8nied are for r ftinely performed geotechnical and construction material laboratory tests. Other tests can be performed in our laboratory, including rock core, soil cement, and soil lime tests. Additional tests will be quoted on request. The rates will remain firm for a period of 120 days from the date of this submittal. Unit rates presented herein assume samples are uncontaminated and do not contain heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PID With concentrations greater than 50 imni. Wilican will not accept contaminated samples. Uncontaminated samples Will be disposed of 30 days after presentation of test results. Page 2 of 2 Engineering I reotechricat I Environmental I Financial I Homeland Security 714 634.3319 1 fax: 714.634,3372 1 1515 S. Sunkist Street, Sulle E, Anaheim, CA 92808 1 wwwW11!dan.com 5NUNT ii[•3 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager, 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. WILLIDAN GEOTECHNICAL Page C-1 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of WILLQAN GEOTECHNICAL Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type, 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1,5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. WILLIDAN GEOTECHNICAL Page C-3 CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 4/11/13 Dept. /Contact Received From: Lucie Date Completed: 4/11/13 Sent to: Lucie By: Chns/Renee Company /Person required to have certificate: Willdan Geotechnical Type of contract All Others I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 11/9/12- 11/9/13 A. INSURANCE COMPANY: Travelers Property Casualty Co of Ameri B. AM BEST RATING (A-: VII or greater): A +:XV AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND N N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes N No H. Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑, N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 11/9/12 - 11/9/13 A. INSURANCE COMPANY: Catlin Insurance Company, Inc. B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 11/9/12- 11/9/13 A. INSURANCE COMPANY: American Automobile Ins. Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? M Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 4/11/13 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ►1 ' ■M■EM /1 ■ ■ �/ ■ RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management * Subject to the terms of the contract. Date A-C"R . CERTIFICATE OF LIABILITY INSURANCE DATE /1 /20(MMHNSIYY' 13 PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana CA 92711-0550 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSR "RE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ux IMMIO UNITS A INSURERS AFFORDING COVERAGE TN URED INSLI Travels r Property Casualty Cc of Amerl Willdan Geotechnical 1515 S. Sunkist St., #E F Anaheim CA 92806 oiGURERB-C :.LiB_jnsuraUTce Comma --bu 0 bi TITS Cg- ICLAIM WOE Z OCCUR MED ESP Ony one arson) PERSONAL & ADV INJURY COVERAGES r,-To mcTTLTt+ my CT1naTN0WnVQ 1ir7ATTnTTQT.V TQcTMn rVPTTVTrnT7, 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 HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OR SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR "RE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ux IMMIO UNITS A GENERAL LIABILITY 630II58PO20 11/9/2012 11/9/+2.01.3 EACH OCCURRENCE COMMVIRCALGENERAI-LABILPY MRE OAMAGE(An one ilre� ICLAIM WOE Z OCCUR MED ESP Ony one arson) PERSONAL & ADV INJURY X ontractual kGENERAL GGREGATE 2-JU Q _aail- GENt AGGREGATE LIMIT APPLIES PER: !?RTOUQTU-CQMF,O-AGG - I POLICY R1 It AGIT F7 LOU IE)eductihle A AUTOMOBILE LIABILITY 11/912012 11/9f/2013 COVERED SINGLE LACT (E..c&6nt) 51, 000,000 ANY AUTO BOUILYULIURY N.L OWNED AUT09 SCHEDULED AUTOIS HIRED AUTOS BODILY INJURY X_ NONOWNSO AUTOS — ----- PROPERTY DAMAGE P .... ddWN GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO Ou4ER THAN $ $ Ann ONLY: i AGO AGO EXCESS LIABILITY EACH OCCURRENCE ... ...... AGGREGATE OCCUR CLANISMADE UIS S NET, n N r WORKERS COMPENSATION AND WZPBI007462 11/9/2012 11/9/2013 X_tMSTATU j aTHH INSLd L_ _ _ ___ El EACH ACCIDENT -El EMPLOYERrUABILITY E.L. DISEASE -EA EMPLOYEE S1, E.L. DISEASE - POLICY LIMIT AII-QD91-QQk- B OTHER AED9 7744111.3 11/9/2012 11/9/2,013 Per Claim $1 000,000 ProeoselOpal Liability Annual Aggregate $1-000,000 �Deductible Claims Made $250,000 -DESCRIPT[0140FOPER nONSILOCAnONSMHICLES)eXCLV$ICNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Ganeral Liability policy excludes claims arising out of the performance of professional services. Independent Contractors are included as respects to General Liability, Re� Geoteohnical and materials testing and woecialty inspection Services, Corona del Mar transmission main pipeline Improvements, City of Newport Beach, its officers, officials, employees, and agents are Additional insured as respects to General Llability and Auto Liability as required by written contract- Primary and Non-Contributing coverage applies to Be. Attached... City of Newport Beach Patrick Arciniega, Sr Works Dept 3300 Newport Boulevard Newport Beach CA 92658 ACORD 25•S ISHOULD MY OF TICE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ILL MAIL 30 DAYS WRITTEN NOTICE TO THE Civil RUN, Public ICERTIFICATE HOLDER NAMED TO THE LEFT. AUTHORIZED 1988 --1 -j i Liability and Auto Liability as regaised by written contract, Waiver of Subrogation or Rights applies to 1 Liability, Auto Liability and Workers' Compensation policies only as required by a written signed contract to any lose occurring. Workers' Compensation and Inaployers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following infermation is not complete, refer to the appropriate Schedule attached to the policy. lnsured:Willdan Geotechnical Producer: Dealey, Renton & Associates Schedule Person or Organization City of Newport Beach Patrick Arciniega, Sr Civil Eng, Public Works Pent _ 3300 Newport Boulevard Newport Beach CA 92658 Additional Premium % We have the right torecover our payments front any- one liable for an injury- covered by this policy. We will not enforce our right against the person or organization named in the Sehedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreenent from us.) f"�a.ux� J'hmp Anttrncizetf ttejtcesenfativa WC040306 Policy Ntunber WzPe100'7452 Effective Date 4/1/2013 Job Description For which the insured has agreed by written contract executed prior to loss to furnish this waiver. The premium charge is 2k of policy standard premium at final audit. You must maintain payroll records accurately segro- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. COMMERCIAL. GENERAL LIABILITY 6301158PO20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL M - WRITTEN SURVEYORS) CONTRACTS (ARCHITECTS, ENGINEERS AND This endorsement modifies insurance provided under the foflcwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, The following is added to SECTION If — WHO IS ANINSURED: Any person or organization that you agree in a "whiten contract requiring insurance° to Include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", 'property damage" or "personal injury "; and b, £f, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring 'neurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent note or omissions of such person or organization. The insurance provided to such additional insured is limited as follows; c, In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance ", the in- surance provided to the additional insured shad be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of Insurance described in Section III — Limits Ofinsurance. d. This insurance does not apply to the render - Ing of or failure to render any "professional services" or construction management errors or omissions. a. This Insurance does not apply to "bodily In- jury" or 'property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" spechl- oally requires you to provide such coverage for that addltiona( insured, and then the Insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the and of the policy period, whichever Is earlier. 2, The following is added to Paragraph 4.a, of SEC - TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and ooi[ectfbie "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addl- tional Insured for a loss we cover, however, if you specifically agree In the "written contract requiring insurance" that this insurance provided to the ad- ditlonal Insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis. this Insurance is primary to 'other Insurance" available to :he additional in- sured which covers that person or organization as a named Insured for such loss, and we will not share with that "other insurance`. But this injuy anon provided to the additional Insured still Is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that Is available to the additional insured when that person or organization is an additional insured under any "other insurance ". 1 The following is added to SECTION IV — COM• MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the add[. tional Insured. a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extort possible, such notice should Include: CG D4 14 04 08 0 2008 '. he Traveters rampr.'es, ,trc Page I of 2 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" or offense took place; IL The names and addresses of any injured persons and witnesses; and Ili. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against I he additional Insured, the additional Insured must: 1. Immediately record the specifics of the claim or "suit" and the data received; and ii. Notify us as soon as practicable, The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable, c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions, d. The additional insured must tender the de- fense and indemnity of any clalm or "sult" to any provider of other Insurance which would cover the additional insured for a loss we cover, However, this condition does not affect Whether this Insurance provided to the aft - tlohal insured is primary to that other insur- ance available to the additional insured which covers that person or organization as a named Insured, 4. The following Is added to the DEFINITION$ Sec- tion: "Written contract requiring Insurance" means that part of any written contract or agreement under which you are required to Include a person or or- ganization as an additional insured on 'his Cover- age Part, provided that the "bodily Injury" and "properly damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b, While that part of the contract or agreement is in effect; and c. Before the end of the policy period Page 2 of 2 0 2008 The TI'avelers Componles, Inn, CG D4 14 04 08 COMMERCIAL GENERAL LiABh -Ty POLICY NUMBER: 6301158PO20 ISSUE DA T E: 111312012 -13 THIS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This ondorsernent modules insurance provided under the following: COMMERCIAL GENERAL LIA131LITY COVERAGE PART SCHEDULE, Name of Person or organization: AS REQUIRED BY WRITTEN CONTRACT (It no entry appears above, information required to complete this endorsement will tae shown In the Declarations as applivabie to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV- COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because at paymants we; make far injury Or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products• compioted operations hazards." This waiver applies only to the person or organization shown In the Schedule above cG 24 04 10 93 Copyright, Irsuranee Si Office, tltc.. 1942 Page 1 of 4 COMMERCIAL AUTO 8101158PO20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement, GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties; and what is and is not covered. A, BROAD FORM NAMED INSURED B, BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A, BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION 11 — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately Insured for Business Auto Coverage, Coverage under this provision Is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H, HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES - INCREASED LiMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that Is in effect during the policy period, to be named as an add - tfonai insured is an "insured" for Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: The following is added to Paragraph c. in AA., An "employee" of yours Is an "insured" while Who is An insured, of SECTION 11— LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 5303 10 to 2oto The Travelers indemnity Company, Page 1 of A includes coGytBhled rretenai of insurance services Of6ee, ins, with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto' you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a Contract in that individual "employee's" name, with your permission, . while perform - ing duties related to the conduct of your business. However, any "auto" that is [eased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who is An Insured, of SECTION It — LIABILITY COV- ERAGE: Any "employee" of yours Is an "insured" while us- Ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS t. The following replaces Paragraph A.2.a.(2), of SECTION It — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola - Ilona) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.s.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, Including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV= ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) In Para- graph B,7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere In the world, except any country or jurisdiction while any trade sanction, sm- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "amployeas ", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (11) Neither you nor any other involved "insured" will snake any settlement without our consent. (iii) We may, at our discretion, participate in defending the "Insured" against, or in the settlement of, any claim or "suit°. (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of insurance, of SEC- TION 11— LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION It — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of Insurance in pay - monts for damages, settlements or defense expenses. (b) This Insurance is excess over any valid and collectible other Insurance available Page 2 of 4 d32C10 The Travetars indemnity Company. CA T3 53 03 10 ImIudes coppighted material of insurance SeMoes Oi?ce, ire, with Its pe"t Ission. to the "Insured" whether primary, excess contingent or on any other basis, (c) This insurance is not a substitute for re- quired or compulsory insurance In any country outside the United States, Its ter- ritories and possessions, Puerto Rico and Canada, You agree to maintain all required or compulsory Insurance in any such coun- try up to the minimum limits required by local few. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the some extent we would have been liable had you compiled with the compulsory in- surance requirements. (d) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE —GLASS The following is added to Paragraph D., Deducti- ble, of SECTION IiI — PHYSICAL DAMAGE COVERAGE; No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for anyone "accident'. L PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION IIi — PHYSICAL DAMAGE COVER- AGE: We will pay up to $60 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4„ Cover- age Extensions, of SECTION Iii — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "Insured "; and (2) In or on your covered "auto ". This coverage applies only In the event of a total theft of your covered "auto ". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- slons, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto " you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "aute is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c, The airbags were not Intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a„ of SECTION IV— BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident` or "loss" ap- plies only when the "accident" or "loss" Is known to: (a) You (if you are an individual); (b) .A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, dlractor or insurance manager (if you are a corporation or other or. ganization); or (a) Any "employee" authorized by you to give no- tice of the "accident" or "losa% CA T3 53 03 10 02010 The Travelers Indemnity company. Page 3 of 4 Inoludes copyrighted material of Insurance Services office, Inc. with its permisslon. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5, Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or 'loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 6,2., Con. cealment, Misrepresentation, Or Fraud, of SECTION IV —BUSINESS AUTO CONDITIONS' The unintentional omission of, or unintentional error in, any Information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 m 2WO The Travelers indemnity Company, CA T3 53 03 10 Includes ccpyrighted material atinsuranw SerAms OF$ce, lnc. %th its permission. NEWPORT BEACH City Council Staff Repor; Agenda Item No. 6 February 26, 2013 i iF A i FROM: Public Works Department David a Webb, Public Works 949-644-3311, tw "' s t ♦P t o r to PREPARED i Ardrilega Y Senior Civil Engirmer 949-644-3347, or-clK—*qa-&Mgrke—achca.02y- A "nl� r Approval . of 4 ! Agreement with Wilklan Geotechnical; and Amendment No. 3 to Professional Services Agreement with PSOMAS for the Corona del Mar Water Transmission "M . �. The Corona del Mar Water Transmission Main project will require geolechnic al and material testing as well as specialty inspection services during construction. The City requested proposals from three firths and selected Willdan Geolechnical (trdilidan) to perform the testing and specialty Inspection services for this project. Additionally, the contract dollar amount for design and construction support services provided by PSOMAS under their existing agreement has almost been reached. Due to Increased work necessary during the design phase as well as a need for additional construction support services, increased contract funding Is needed to support these design and construction services. *, • Approve the Professional Services Agreement with Willclan in the amount of 2. Approve Amendment No. 3 to the January 25, 2011, Professional Services Agreement with PSOMAS increasing the compensation by $55,912 for additional design and construction tt. and authorize the Mayor and City Clerk to : amendment. I of 38 Approval of Professional Services Agreement with Wilidan and Amendment No. 3 to Professional Services Agreement with PSOMAS for the CDM Water Transmission Main February 26; 2013 Page 2 FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the Professional Services Agreements associated with the Corona del Mar Transmission. Main project. Funds are available in the CDM Transmission Main. Project Account No, 7511- C6002008. DISCUSSION. The City's 1998 Water Master Plan identified the need for a new water transmission main. from Big Canyon Reservoir to the Corona del Mar (CDM) area to provide redundancy, improve supply pressures and increase fire supply flows. The City completed a preliminary design alignment analysis report in January 2001 for the CDM Water Transmission Main. The report recommended an alignment using the street of Pacific View Drive, San Miguel Drive and MacArthur Boulevard for the new transmission main. In 2007, the City completed an update to the Water Master plan and reconfirmed the need for this transmission main. In addition, other water main improvements were identified in the CDM area. This project calls for a new 30 -inch water transmission main extending from the existing, 30- inch main in Pacific View Drive down the recommended alignment to the existing 30 -inch main at the intersection of East Coast Highway and MacArthur Boulevard. Additionally, a 24- inch transmission main will be constructed in Carnation Avenue from East Coast Highway to Bayside Drive to replace an older main in Goldenrod Avenue, The project will also relocate the City s regulator structure with the Metropolitan Water District System (CM -1) out of the Coast Highway right -of -way In East Coast Highway at Fernleaf Avenue to a new location at Dahlia Avenue. Public Services Agreement with Wilidan In accordance with Council Policy F -14, on December ° 17, 2012, staff invited three firms to submit proposals for geotechnical and material testing and specialty inspection services for the water transmission main improvement project. Three proposals were received on January 7, 2013_ A team of Public Works staff members familiar with water main projects independently reviewed the proposals and evaluated each firm's qualifications, past experience on similar projects, and availability before ranking Wilidan as the most qualified. Upon selection, staff negotiated with Wilidan to provide geotechnical and material testing and specialty inspection services for a not-to-exceed fee of $187,400.00; Wilidan has satisfactorily completed similar water main testing and inspection services for the City in the past. The scope of work for Wilidan includes the following: Geotechnical Services • Onsite soil technician during trenching operation. • Aggregate base and asphalt density testing. • Engineering support, test reporting and QA/QC services. • Inspection for archeological artifacts and paleontological remains. 2 of 36 Approval of Professional Services Agreement with Willdan and Amendment No, 3 to Professional Services Agreement with PSOMAS for the CDM Water Transmission Main February 26, 2013 Page 3 Materials Testmul • Provide onsite lead inspector, with all applicable licenses, for the pipeline installations. • Inspect structural steel welds and bolting. • Inspect structural concrete elements and mortar joints. Photograph each joint. • Engineering support, test reporting and QA/QC services, Amendment to Professional Services Agreement with P80MAS Council awarded the design contract to PSOMAS on JanuM 25, 2011, During the design processes additional services were requested by staff through approval of two previous amendments. This amendment No. 3 to the agreement will increase compensation by $55,912 and account for further services necessary for the completion of the Project, Additional work associated with this Amendment No. 3 includes: • Modifications to design crossings at major intersections at the City request, pipeline alignment adjustments and traffic control plan details, • Additional team meetings to discuss final plan details. • Additional assistance during the Bid Phase to address questions from contractors, attend pre-bid meeting and prepare addendum. • Assistance during the Construction Phase to review shop drawings, respond to RFI's and prepare record drawings. • Preparation of outreach presentation material, as requested. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item), Attachments: A. Professional Services Agreement with Wildan B. Amendment No. 3 to PSOMAS Professional Service Agreement C. Location Map 3 of 36 ATTACHMENT A PROFESSIONAL SERVICES AGREEMENT WITH WILLt1AN GEOTEGI- INICALFOR CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") Is made and entered into as of this day of February, 2013 ( „Effective DaW') by and between the CITY OF NEWPORT REACH, a California Municipal Corporation ( "City"), and WILL @AN GEOTECHNICAL a California corporation ( "Consultant"), whose address is 9515 S. Sunkist Street; Suite E, Anaheim, CA 92806; and is made with reference to the followings RECITALS A. City Is s municipal corporation duly organized and validly existing under the laws of the State of California with the poWor to carry on its business as It is now being conducted under the statutes of the State of California and the Charter of Glty. H. City desires to engage Consultant to perform geotechnical and materials testing and specialty Inspection services for the Corona del Mar Transmission Main Pipeline Improvements ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described In this Agreement._ D. The principal member of Consultant for purposes of Project shall be Ross Khiabani, PE, GE. E, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant; and desires to retain Consultant to render professional services under the terms and conditions set forth In this Agreement, NOW, 'THEREFORE, it Is mutually agreed by and between the undersigned parties as follows., 1. TERM The term of this Agreement shall commence on the Effective Sate, and shall terminate on December 31, 2014 unless terminated earlier as set forth herein, City and Consultant acknowledge that the above Recitals are true and correct and are hereby Incorporated by reference into this Agreement. Consultant shall diligently perform all the services described In the Scope of Services attached hereto as Exhibit A and Incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 4 of 36 1 TiME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services In accordance with the schedule included In Exhibit A. in the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth In Exhibit A, If any, or perform the Services In a diligent and timely manner may result In termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance In writing to the Project Administrator (as defined In Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or main. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the.Services on a time and. expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant`s compensation for all Work performed in accordance with this Agreement, Including all reimbursable Items and subconsuitent fees, shall not exceed One Hundred Elghtyi even Thousand, Four Hundred Dollars and 001100 (187,400.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultants bills shall Include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which It relates, the date the Services were performed; the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures.. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses, specifically Identified in Exhibit B to this Agreement, or specifically approved in writing In advance by City: WILLDAN GEOTECHNiCAL _ page 1i of 36 4.4 Consultant shall not receive any compensation for Extra Work performed without the [)nor written authorization of City, As used herein, "Extra Work" rnearis any Work that is determined by City to be necessary for the proper completion of the Project, but which Is not Included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement, Compensation for any authorized Extra Work shall be paid In accordance with the Schedule of Billing Rates as set forth In Exhibit B. 5. PROJECT MANAGER 6.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project, This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ross Khlabanl, PE, GE to be its Project Manager. Consultant shall not remove, or reassign the Project Manager or any personnel listed in Exhibit A or assign any now or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withhold with respect to the removal or assignment of non-key personnel, 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of Its personnel assigned to the performance of Services upon written request of City. Consultant warrants that It will continuously fumlsh the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6.3 If Consultant Is performing Inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City; B. ADMINISTRATION This Agreement will be administered by the Public Works Department. Patrick Arcinlega, Senior Civil Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement The Project Administrator or his designee shall represent City In all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant In the execution of Its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant Information on file at Clty. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule, 8, STANDARD OF CAPE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services In a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional WILLDAN GEOTECHNICAL Page 3 of 36 standards" shall mean those standards of practice recognized by one (1) or more first- class firms pot forming similar work Linder slinflar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep In full force and effect during the term hereof, at Its sole cost and expense, all licenses, penTilts, qualifications, Insurance and approvals of whatsoever nature that is legally required of Consultant to practice Its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement 8A Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be In default or deemed to be In default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely Information or to approve or disapprove Consultanfis Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall Indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily Injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments' fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claime), which may arise from or In any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement Including, without limitation, defects in Workmanship or materials or Consultants presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or emissions of Consultant, Its principals, officers, agents, employees, vendors, suppliers, consultants,, subcontractors, anyone employed directly or Indirectly by any of them or for whose acts they may be liable or any or all of them). 92 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to Indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties, Nothing In this Indemnity shall be construed as authorizing any award of attorney's fees In any action on or to enforce the terms of this Agreement. This Indemnity shall apply to all claims and liability regardless of whether any Insurance policies are applicable, The policy limits do not act as a limitation upon the amount of Indemnification to be provided by the Consultant. WILLDAN GEOTECHNICAL Page 40f 36 lit, INDEPENDENT CONTRAC:"TOR It is understood that City retains Consultant on an independent contractor basis and Consultant Is not an agent or employee of City.. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor of its employees. Nothi any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant If Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result In changing the control of Consultant. Control means fifty percent (50%) or more of the voting power, or twenty -five percent (26 %) or more of the assets of the corporation, partnership or joint venture. The subcontractors authorized by City; If any, to perform Work on this Project are identified In Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor, Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City Is an Intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the CH. , Except as specifically authorized herein, the Services to be provided under this greement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 171 Each and every report, draft, map, record, plan; document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, Its officers, employees, agents and subcontractors; in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials In its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request; 17.2 Documents, Including drawings and specifications, prepared by Consultant pursuant to this Agreement are not Intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of Incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's dellverables under this Agreement by City or persons other than Consultant Is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18, COMPUTER D15LIVERASLES All written, documents shall be transmitted to City In formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. WILLDAN GEOTECHNICAL Page 6 o 36 19. CONFIDENTIALITY All Documents, including drafts, prellininaty drawings or plans, notes and communications that result from the Services In this Agreement, shall be kept confidential unless City expressly authorizes In writing the release of Information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, Its agents, officers, representatives and employees against any and all liability, including costs, for Infringement or alleged Infringement of any United States! letters patent, trademark, or copyright, Including costs, contained In Consultants Documents provided under this Agreement 21. RECORDS Consultant shelf keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement, All such records and Invoices shall be clearly Identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, date, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement, 22, WITHHOLDINGS City may withheld payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding, Consultant shall have an immediate, right to appeal to the City Manager or hWher designee with respect to such disputed sums. Consultant shall be entitled to receive Interest on any withheld sums at the rate of return that City earned on Its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result In expense to City greater than what would have resulted If there were not errors or omissions In the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing In this Section is Intended to limit City's rights under the taw or any other sections of this Agreement. WILLDAN GEOTECHNICAL Pagelyof36 24. CITY'S FtlGi- T TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 The Consultant or Its employees may be subject to the provisions of the California Political Deform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial Interest that may foreseeablybe materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeabiy financially affect such Interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act, Failure to de so constitutes a material breach and Is grounds for immediate termination of this Agreement by City. Consultant shalt Indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 261 All notices, demands, requests or approvals, Including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof In the United States mail, postage prepaid, first- class malt, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Patrick Arciniega, Senior Civil Engineer Public Wotics City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone', 949 °644 - 3311 Fax; 949- 644 -3318 26,2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at WILLDAN GEOTECHNICAL Page! $of 36 Attn: Ross Khlabani, PE, (3E WILLDAN GCVO TECHNICAL 1615 South Sunkist Street, Suite E Anaheim, CA 92806 Phone: 714-634-3318 Fax: 714-634-3372 27. CLAIMS Unless a shorter time is specified elsewhere In this Agreement, before making Its final request for payment under this Agreement, Consultant shall submit to City, In writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made In writing and Identified by Consultant In writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that In addition to any claims filing requirements set forth in the Agreement, the Consult-ant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party falls or refuses to perform any of the provisions of this Agreement at the time and In the manner required, that party shall be deemed In default In the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or If more than two (2) calendar days are reasonably required to cure the default and the defaulting party falls to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at anytime by giving no less than seven (7) calendar days prior written notice to Consultant In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs Incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other Information developed or accumulated In the performance of this Agreement, whether In draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, Including federal, state, county or municipal, whether now In force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, WILLDAN GEOTECHNICAL Page 13 of 36 county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City, 292 Waiver. A waiver by either party of any breach, of any form, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the some or a different character. 293 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein, No verbal agreement or Implied covenant shall be held to vary the provisions herein. 29,4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 LnteMre atio The terms of this Agreement shall be construed in M, accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply: 29.6 6_mgndme—ntq. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severablilty. If any term or portion of this Agreement Is held to be Invalid, Illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Yjaug. The laws, of the State of California shall govern this Agreement and all matters relating to It and any action brought relating to this Agreement shall be adjudicated In a court of competent Jurisdiction In the County of Orange, State of Calfibmia, 29.9 Equal Opportunity EmplgMent. Consultant represents that It Is an equal opportunity employer and It shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other Impermissible basis under law. 29.10 No Attorneys Fegs. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees, 29.11 Counterparts, This Agreement may be executed In two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same Instrument. [SIGNATURES OWNEXT PAGE] WILILDAN GEOTECHNICAL Page 1x30116 WiLLDAN GEOTECHNICAL Page M of 36 IN WITNESS WHEREOF, the parties have, caused this Agreement to be oxef.i tied on tire dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORN Y' OFFICE A California municipal corporation Date:= Date:- BY: Aaron "aris Keith Curry City Attorney Mayor ATTEST, CONSULTANT: WILILDAN Date., GEOTECHNICAL, a California corporation Date: By, Lellani 1. Brown City Clark BY.— Ross Khlabanl Director of Geotechnical Services Rate: Byt Roy Gill Secretary [END OF SIGNATURES] Attachments: Exhibit .A — Scope of Services Exhibit 8 — Schedule of Billing Rates Exhibit C— Insurance Requirements WILILDAN GEOTECHNICAL Page 120f 36 EXHIBIT A SCOPE OF SERVICES 36 WILLDAN GEOTECHNICAL Page A-1 Exhibit A rpoa�ate Doctintentatiou corpor#atesstatars /Ownership Wilidan Geotechnical is a division of Wilidan Engineering, it wholly-owned subsidiary= of Wilidan Group, late., a publicly traded California Corporation, listed on the NASDAQ stock exchalrge� Witldan Group has provided professional consulting services to public entities since its inception in 1964. Starting in 1999, Wilidan Group collected Its gootecholcal engineering setvices into an operating division which did business as Arroyo Ovotechnicat until 2008, when It Was renamed Wilidan Gootechnical to reflect fire integrated nature of all of Wilidan Group's operating divisions. Willdim Geetechnical's principal place of busies Is located at 1515 S Sunkist Street, Suite E, Anaheim, California. Management Tenure Ross Malawi, PP, GE, is the Senior V% President and Director of Geoteclinical and Material Testing Services of Wilidan Gcotechnical. Ross has lead Wilidan Geoteehoical since 2003, He has more than 30 years of experience providing professional gootechnieai engineering, materials testing, and inspection services ill Southern California_ Girish Agrawal, PhD, l'E,.GF, Is the Principal Fnghtocr for Wilkhm Geotechnical, G[tish has been with Wilidan Geotechnical since 2009,110 has nearly 20 yours of experience providing professional geoteehnioul engineering and construction support services in California, Joseph M. Ritchey is the Operations Manager for Wilidan Geotochnioal''x Materials Testing, & Special Inspection Department. Joe has been with Wilidan Geotachnical since 9004, He has over 25 years of experience providing construction inspection and materials testing services; Joe manages and supervises the material testing; special inspectors, and deployment of Inspectors amt technicians. Financial 5trongt1t 'fhe Wdllran Group has sustained a healthy financial performance record due to a strong, dependable reputation in the engineering consulting and municipal services industries, There are no known conditions that will Impede Wtlidan's ability to successfully complete geolechnical City of Newiwrt Beach, Aulrtto Works Depaetnront. G2ntaehrdaaf, NftrtMWITesling. and Spada! NxrpcgYNrrr Son+k:ac 17 of 36 engineering and materials tostin linspection asslgnmcrus For the City of Neswott Beach Departmentof public Works, [ vgject Oidcestandin We understand that the City of Newport Beach (City) requires gemccl aicai, special inspection, materials testing and non- dosituct €ve testing of all Welds for the Corona Del Mar Transmission Main Pipeline Improvement project. This project calls for the 'installation of 5,300 linear feet of new 30" CML&TW steel pipe transmission main extending from the existing 30" main in Pacific View Drive down the proposed alignment to the existing 30" audit at the Intersection of East Coast Highway and MacArthur Blvd.: An additional 2,610 linear feet of new 24" CML&TW steel pipe -wilt tie into the connection of the now30" CML&TW steel pipe at MacArthur Blvd. and Fast Coast Highway and extend down Carnation Avenue to tie into the existing 2W watdr main on Raysido Drive. The work involves both open -cut and jack and bore construction„ The City's eadslhtg rdgtiletorstructure train Metropolitan Water District System (CM -1) €n, East Coast Highway at pernleaf Avenue will be relocated to Dahlia Avenue. The existing CM-1 regulator structure will be removed and a replacement line from the ticwtrogutating structure will tic Into the existing tiro at the old structure. Lastly, the construction of the new CM-1 vault in Dahlia Avenue will require relo"Oug the existing 8" sower main and installing a new 16" CML &TW sloop pipe in Dahlia Avenue and 5c,` Avcnae,. Scttpti Of Sea`vicos Geotechnical witldan C3eoteohnical understands that our efforts will be directed by the City's Construction Manager. We propose to perform all required geotechnical observation and testing during all phases of the proposed construction, The services will be provided in aecurdatwe with the applicable building codes, per requirements of approved project plans, and specifications. • Review of all the plaits and specifications. Our teant will familiarize themselves with all the details of the project. • Attend preconslruction meeting. • Soil technician on site during trench excavation, pipe bedding placement, trench backtill and jack and bore operation with engineering support on an as needed basis,- Technician City of Newport nsaali, Public, works Department Gr.�rtgehrN�taJ, Matntlyd Tasld,r�, tiiirf 3pv+;iSt krsjmciir)tt votvitros '� 18 of 36 11111( =ltD,A, shall p erfonn till necessary field testing (nuclear gauge) of compacted bacit €ill to ensue: proper compaction for pipe bedding and roadway subsurface. • Soils technician on site to perform all necessary aggregate base and asphalt density testing at roadways, • Perform as needed laboratory testing to determine soils engineering and index pivperty. • Provide engineering support; technician coordination, engineering review, test reporting, QA/QC, and administrative support services._ • We will promptly submit daily field- testing reports indicating information pertinent to the work performed and their compliance or iron - compliance to tire project documents and applicable codes: These will be provided to the owner, client and/or building official for review. • This written dally reports at a minitntms will inchtde, date of issue, project title and number, name of the individual making the observation and testing, description of work areatmaterlal tested, result of observation /rest data and Interpretation of the data, and professional opinion as conclusions and recommendations. A sample field daily report will be presented in the beginning of the job and approved by project construction manager. Materials As stated in the Prriject Understanding section, Wiltdan understands that our efforts will be directed by the City's Construction Manager, We arttloipate putting a lead Inspector on the project with all applicable licenses — reinforced concrete And structural steel welding/bolting our, inspector will Also perform dye ponetrant testing on all welds in order to reduoa the need for multiple inspectors msite. Our designated tend inspector will also observe trench bottom and placement of bedding around the pipe; The lead inspector wilt coordinate with the City's designated representative in order to ensure that nit inspections and testing requirements arc mou The lead inspector will be. supplemented by additional staffing when deemed necessary by the City's designated representative. The following is a list of minimum services provided- 0 Attend preconstruction and bl- weekly construction meetings, • Review of all the plans and Specifications. Our team will famillarize themselves with all the details ofthe project, • iCC certified structural steel assombly /bolting inspector during all phases of structural steel assembly /eonstruction, Review welder and material certifications prior to field welding: Observe andlor test all bolted and welded connections per approved planslspeeltications and applicable building code requirements. • ICC certified reinforced concrete inspector during construction of any and all structural concrete elements. Inspect the placement of reinforcing steel for compliance with the city of Newpott Mach, PuMic works pspartment Gaotocrird ?at, hlzrlottal TotiHrgt, undSpaatul kvspRr4Ast Sarvfcas '� 19 of 36 VVllnitl CAI plans and specifications. Monitor the placement and QC of concrow, non - shrink grout, anchors and epoxy. Sample and test the concreietnort shrink grout for slump, knapefalare and comprossivc strength. o inspect interior mortsr Joints far cracks and take photos of each jolut on as- needled basin on 30" and 24" lines. * _Provide engineering support, inspeetor/techniclan coordination, dispatch, material ongtneering review, test reporting, QA/QC, and administrative support services, * Observation and Inspection of external corrosion protection of pipe field welded Johnts. At chsteologlenl /Pideoutologisnl Monitoring The archaeological monitoring is to ensure that known archaeological rosouroes are not inadvertently impacted by construction activities or equ €prnent and to identify buried archaeological material that could be destroyed by construction. Archaeological msteriat consists of objects modified or used by people In the post. Such material may consist of features or artifacts, such as hearths, projectile; paints and other, stone tools or historic -age artifacts, or features, such as r of tso deposits or foundation ivalls or footings. The indemurriogical monitoring is to Identify buried fossil tnatorial that could be destroyed by construction. Fossil material consists of the remain$ of plants and anituais, which existed on earth prior to mankind. Such material may consistof fossilized bone, teeth, leaves, stems, shells, etc. The archaeological /paleontological monitoring will be performed under the direction of the experts following all written and verbal safety instructions iiom the construction contractor at all times. The only exception is €flwhen n monitor needs to temporarily either stop construction or route construction mound a sensitive area or finds exposed by the construction activities, In those cases, the authority to divert equipment and activities ties with the monitor and not the construction contractor, All monitors have training and experience working around construction equipment and will coordinate with tart applicable equipment operator to ensure the safety of all persons in the construction urea.. City of Nowport Beach, Public works Dupartnisnt fi�o2 t+ fcHtshtlt, Prlaforia/ 7ueGny, earl.�7f�+irnall2sttorlrnFSmvi� `t 20 of 36 t 36 WILLDAN GEOTECHNICAL Page B -1 Bolls Tedinklan Field Vehicle Usage.. Project Geotedurfeal Engineer Equipment Usage - No Charge Soil Compaction Curvery Soil Gradation CMS Gradation Asphalt Max. density Sand Equivalent Hr $ 78 708 $" 67,244 Hr $ 6 7 90 $ 31000 Fir $ 175 32 $ 5,600 Hr $ Non - Destructive Tasting- ( Dye Penetrant} 0 $ A,iO4 Ea $ 166 5 $ 826 Ea $ 66 2 $ 130 Ea $ 176 8 $ 526 Fe $ 176 3 $ 625 Ea $ 66 4 $ 280 i �unrutvtttH ua�rrvtu�� $ 68 110 Technician Field (interior inspection & Photos) Hr $ 76 64 $ 4,800 32 TECHNICIAN SERVICES TOTALt $ 4,800 STRUCTURAL ST ELWE.WN IgOLTINC $ 32 3 Fd Welding f Bolting inspection Hr $ 78 764 $< 66,000 Non - Destructive Tasting- ( Dye Penetrant} Ht $ B 704 $ A,iO4 In addition to inspector rate Adanistra8ue/Typiog Support Engineering Review & QA/QC Hr $ 68 110 $ 7,400 Hr $ 32 60 $ 1,626 Hr $ 32 175 $ 6,6()0 TOTAL ESTIMATED COST: $ 187,400 t d: �• Y t�tt Fif.ylYf #jt�{,Jif) �, f U:ik Fee 6chedule - Personnel Corolla Del Mar water ,fransmission Main Gonstrwooh Gffeetivs January 1, 2013 to Project C:c mplattrtrt w-&- ivic 3L srAF`F f3,EQ1Et;WNf Principal /ChlefCrigCneer /Caeolaglat.. ....:.......:.......100 Senior Gootechnicai Engineera?^,adogist- . _.175 Project snglneadGeologist ... .... .......... . ....... ....... I..,,.'f50 Senior Mafflwn9tneer /Geologist ..... .., . ...... ............... .,.,..120 Staff EntlinporlGeologist ,. ............ ............... .....».,100 Sr. Soft Technician ( Nutt- preyailing Wages) __.... f0 Sr. Soli'1'schnlcian(Prevailing Wages) 78 Sell Technician (No"rovelling Wages) ....... 70 Soil Technician (Prevailing Wages), ,......78 Sf$7ML.tM MOA Constrtrctlon Material Englneer,.....: ........ ... ................ .: 155 Supervisor ...... 1 t0 Special inspection (Non - Prevailing Wages) .... .80 Special Inspection (Prevailing Wages) ..... .....76 Goncrets Test Report.... ......... ». „,... 10 ADMItUfStRATIVE. ' Computer Date Entry ........ ....78.04 Clerical ... .... ­­­75'00 WotdProcassing ................... „.... :,....,,., „,,...,tiO.Qt! ComputerTlme ............ ........ 15.06 CADOporatw..� ...... .............. „..., ....... 86.00 rmtwv t wine 3s Principal Engtnaer/GO clog! st ....... 350.00 Sta(Passbarnsntsctrpand on avalratd£ity ofpersonnel, alts tocalleM end the level ofmparlence thatlefisall*t to te"calmulromentsof thaprojectandmeottho prevsGingstandardofprofnssronai cars, The - show sohadula Isrnrs�tralght time, Overtimawlilbe charged at1,6 those, end. Sundayeand ftoNdays,.2.0 times the standard rates. Tr'avoldme to and from thajob s4e w0l be charged atthe hotely, miss (or the apPaMriate persasnel. Blueprinting, reproduotion, mosaongor sorvfcos, and ng will be fnvolood. of cost plus Mesa percent (16%).A subconsultant monagiamentfee of frfleen percent (16%) Alf be added to” d Vol nr cost of all suboonsuttantservioos to proAdo for the cast ofadmhfisBagan, oonoprita0on, anii eucrct6ration. Page f of 2 23 of 36 #v« o St "he'duk:.. Laboratory Corona Del Mgr Water Transmission Main Construction lfedva Jowly 1, 2013 to ftro*t Comprotion• 1dentfffeaflcfn t vc( Its 7f Prbpordes In -Sftu Moisture and Density (ASTM D2937) ....„ .......311.00 Grain Size Analysis (ASTM 17422) Steve Only (a "to##200) ......... ...«.. .., .......,70:00 Sieve and Hydrometer - ......... .,.,... „,,.......120.00 Percent Passfurg##200 Sieve (ASTM D1t40) .......:..... 50.00 Atterberg Limits (ASTM D4318) Multi Point ........ .... .......... ...... .... 110.00. One Point .... ................ ..... . 75,00, Specific Gravity (ASTM D359) --- «..---- ... ..,.., 75,00 Send Equivalent (ASTM 02419) „... ....:........... 76,00' Modified Procter Compaction (ASTM D1557) Method A or S (4” Mold) 155.00 Method Aor8(5 "Moil), ...175.00 Compaction, California 216 .:. :, , ....180,00 CaHtarrila Soodatt Ratio CSR (ASTM 01 883) «.......4W5 00 .......... ................260,00 slYBar 3t�r�nglh: Totvanaf ?ot of Peztetrorrletat ..:....... ............................... 15-00 Direct Mar- • par point Consolidated - Drained per pt. (A3TM 03000);...,.,.,., „.... 85.00 Reshklal per [A ...:....M 120.00 Unconfined Compression (ASTM 021X10) ...... ... 120.00 Unconsohleted- Undralnad (VU) ......... ................ iS100 Asphalt res$'S FxtractIon /Aspha#t . ........... . ... ........ .. ....... .......................... 185 Hveenuftrs(tdMarlmum tensity ... .................. ....,,.. «,.... 220 Wash Gradation , 100 50 ylinf. WdAdan will not accepf contaminated samples. results. A111 P.1 rail I 11 Ctpl S�. onsolfd�110111Cf USP90 4111(18W611 1'G4Sf9 Consolidation (ASTM D2456) 8 toad Increments Wone Ume- rake .............. w,...... 9 .70,00 ItUo 125:00 Constant Head (ASTM 02484) ...u.._.» ....... ......... 235:00 Failing #-leadf =lexible Wall (ASTM D6084)......: , .....205.00 Trlax#al Permeability (EPA 9100), .,....,..330.00' C irietwow'resin Corroslvddy(pH, resistivity, suifadea, chlarides).,.«.. ... ,156,00 Organic content (ASTM D2974)--1--'1... .........70.00 Construction iwatvvfn! testing 5 x11 Concrete Cyllnder(C39) ........ ......:... ........30.00 2 ", 4 ", 0" Diameter Concrete Cara$ (Test Only)...... ..... 30.00 Tutrutar and Grant, Cylinder and GUbes,;. :.. . .........20.0 Reinforcing Steel, Tensile and Band rests.. ..,,..45.00 Cylinder* P# @h -up- ......... .......45.00 samples will ,�' Page 2 of 2 6nnineedno I QtiWOCiA'leel I EavImnmental I Himidal I HomelaraiS erhy 714.Cia4,2318 1 taxi 7MA34237 1 INS S. SOW .Street, Suite E, Anaheen, CA 9'2004.1 y„vr mwfiWan.eom 24 of 36 INSURANCE REQUIREMENTS - PROFESSIONAL SERVICES 1,1 Provjsion of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage, 1.2 Accebtable Insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact. business of Insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Bests Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Re, cul irements, 1.3.1 Workers' Compensation Insurance. Consultant shalt maintain Workers` Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily Injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, $action 3700 of the Labor Code. 1.31.1 Consultant shall submit to City, along with the certificate of Insurance, a Waiver of Subrogation endorsement In favor of City, Its officers, agents, employees and volunteers: 1.3.2 General Liability Insurance, Consultant shall maintain commercial general liability Insurance, and If necessary umbrella liability Insurance, with coverage at least as broad as provided by Insurance Services Office form CO 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products- completed operations, personal and advertising Injury, and liability assumed under an Insured contract (including the tort liability of another assumed In a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract, 1,33 Automobile Liability Insurance: Consultant shall maintain automobile Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily Injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, Including coverage for any owned, hired, non -awned or rented vehicles, In an amount not less than one million dollars ($1,000,000) combined single limit each accident. tae WILLOAN GEOTECHNICAL Page CA `1.3,4 Professional Liabiity Ermrs & Qmissionsj tnsurance. Consultant :hall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, In the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate; Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other insurance Reduirements. The policies are to contain, or be endorsed to contain, the fallowing provisions: 1.4.1 YValver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, Its elected or appointed officers, agents, officials, employees and volunteers or shall ;specifically allow Consultant or others providing insurance evidence In compliance with these requirements to waive their right of recovery prior to a toss; Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of Its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, oficials, employees, and agents shall be included as Insureds under such policies. 1.4.3 PrIMLily and Non Corrtributory, Ali liability coverage shall apply on a primary basis and shall not require contribution from any Insurance or self - Insurance maintained by City. 1.4.4 Notice of Cancellation. Ail policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice Is required) or nonrenewal of coverage for each required coverage. 1.6 , Additional Agreements between the Parties. The parties- hereby agree to the following: 1.6;1 Evidence of Insurance. Consultant shall provide certificates of Insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage, Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement City reserves the right to require complete, certified copies of all required insurance policies, at any tli e, 1.5.2 City's Riaht to Revlse Reauiraments; The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of f 36 WILLDAN GEOTECMNICAL Page C -2 such change, if such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consulterifs compensation; 1.5.3 Enforcement of Agreement Provisions, Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 RegulreMnts not Limiting; Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements; or a waiver of any coverage normally provided by any Insurance. Specific reference to a given coverage feature Is for purposes of clarification only as It pertains to a given issue and is not intended by any party or Insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self insured Detentions. Any self Insured retentions must, be declared to and approved by City, City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- Insurance will not be considered to comply with these requirements unless approved by Clty» 1.5,6 City Remedies forNon Comp fan If Consultant or any subconsultent falls to provide and maintain insurance as required herein; then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of Insurance is provided. Any amounts paid by City shah, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely, Notice of Claims; Consultant shall give City prompt and timely notice of claims made or suits Instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required Ilabillty policies, 1.5.3 Consultant's. Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which In Its own judgment may be necessary for its proper protection and prosecution of the Work; f WILLDAN GEOTECHNICAL Page C -3 Wolmliiffil AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CORONA DEL MAR WATER TRANSMISSION MAIN THIS AMENDMENT NO. THREE TO AGREEMENT FOR PROFESSIONAL SERVICES ( "Amendment No. Three") is made and entered Into as of this day of February, 2013 ("Effective Date) by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and PSOMAS, a California corporation ( "Consultant "), whose address Is 3 Hutton Centre Drive, Suite 200, Santa Ana, CA 92707 and Is made with reference to the following RECITALS A. On January 25, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement') for engineering design and construction support services for a 30" water transmission train on Pacific View Chive, down San Miguel Drive and MacArthur Boulevard to East Coast Highway ( "Project "). B. On January 26, 2012 City and Consultant entered Amendment No. One to the Agreement to increase the Scope of Services and the Total Compensation ( "Amendment No. One "),, G. On July 20, 2012 City and Consultant entered Amendment No. Two to the Agreement to Increase the Scope of Services and the Total Compensation ( "Amendment No. Two "), D. City desires to enter Into this Amendment No. Three to reflect additional services not Included in the Agreement and to increase the Total Compensation, E. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it Is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to Include the Scope of Services dated December 10, 2012, attached hereto and incorporated herein by reference ( °Services" or "WoW), The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT 2:1 Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and Incorporated herein by reference, 2.2 The introductory paragraph to Section 4 of the Agreement is amended in Its entirety and replaced with the following: "City shall pay Consultant for the Services. 28 of 36 on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Schedule of Billing Dates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, Including all reimbursable items and subconsultant fees, shall not exceed Four Hundred Thirty Two Thousand Thirty One Dollars and 001100 ($432,031.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City," 1100FITRUTITTIVITPIRPTRIUM Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be In full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No, Three to be executed on the dates written below, ATTEST; Date: Lellani 1, Brown City Cleric CITY OF NEWPORT BEACH, A California municipal corporation By:. Keith D. Curry Mayor CONSULTANT; PSOMAS, a California corporation Date., By: Joseph L. Boyle Vice President By: Debra Tilson Lambeck Secretary Attachments: Exhibit A -- Scope of Services dated December 10, 2012 Exhibit B — Schedule of Billing Rates ._..., r��....� r. _ _. .. PSOMAS _ ....9 of 36 EXHIBIT A SCOPE OF SERVICES DATED DECEMBER 10, 2012 PSOMAS � Page A- of 36 Naming tim Natsrot and Bulk Em*wiswnt December 10, 2012. Mr. Patrick Arciniega, PE CITY OF NFWPORT BIGACII PUBLIC WORKS' DEPARTMENT 7300 Newport Boulevard' Newport Beach, CA 92659 Subject; City of Newport Beach,PubllaGWorksDepartment CDM Transrnission Pipeline Improvements Project Design Contract Amendment Request Dear Mr, Arciniega Pursuant to our 90% and 100% Comment Review cnectings with the City, this letter sotmarizes the additional work effort by Psomas to address the requested design changes to the CDM Transmission Pipeline Improvements project. Mie attended meetings with the City on October 3I, 2012 and November I, 2012 to review 90% submittal comments orrd participated in subsequent telephone discussions on November 6 and November 15, Another meeting was held on November 2b to review file City's comments on the 100% plan and specifications submittal. We respectfully request nu amendment to our current design contract to allow execution of this additional work effort, °fife following addifletial scopc o€ services is anticipated. PHASE 2 — DESIGN A, Revisions to Pipeline Alignment (1) 90% Design Submittal - At the 90 °la design review meeting on October 31, 2012, the City provided review comments with design changes that were not part of the original design scope, In subsequent emalls and conference calls on November 6a` and 15", respectively, the City requested additional changes to the design plates. Psomas requests additional budget for this extra work effort as itemized below., a, Modify the profile of the alignment on Sheet I i (San Miguel Dr at San Joaquin Frills ltd) and reroute the imerferiug crossing utilities, including the 16 -inch water main (near Station 73+20) and 6 -inch water lateral (near Station 37 +60). New reconstruction details for these utilities are required. Modifies Sheets' 11 and 18, b. November a request to revise the alignment at the intersection East Coast Highway and MacArthur Boulevard based on a redlined sketch provided via emailed PDF. The work effort included aNneoncnntmoM revisions to the alt ment, rofile, re-stationing, nd adjustment of 60110200 l! g' n esraamn CA U707 call-outs, Modifies Sheets 6,13 and 19, ;ni 714.76t:7s73 F"7f4.54 M63 X"NNi,(t9tilna5_Cknl 31 of 36 Nit Patrick /imhuap,PU Page 2 00 mmabex 10, 20 t2 2NEw060400 o. November 16" request to revise the alignment at the intersection Gast - Coast Highway and MacArthur Boulevard based on a redlined sketch provided via etnalled PDF, Since the first revision was already addressed; the second request for revision required re- working of the same plan sheets. The work effort included revisions to the alignment, profile, -re- stationing, and adjustment of call -ot ts..Modifies Sheets 6, 13 and 19. (2) 100% Design Submittal -At the l00% design subutittad review meeting on November 26, 2012, the City provided review comments with design changes that were not part of the original design scope. Psomas requests additional budget for this extra work effort as itemized below; a. Modify the plan and profile of the alignment on Sheet 6 (Macarthur Boulevard at East Coast Highway), remove General Note 45 on Sheet 2 and revise the alignment for Lateral "N'. Requires reworking of the steel pipe bend per M11. Modifies Sheets 6 and 19. b. Modify the regulator valve vault abandonment detail to show a two foot neck of the access manhole and a modified cut line of the vatdf walls to avoid unnecessary encroachment into the No, 1 traffic lane on Bast Coast Highway. Send a PDP of revised detail to the City for review and comment then address any comments. Modifies Detail 1 on Sheet 17. B. Revisions to Traffic Control Plans (1) 90% Design Submi Mr: Vatriek rlydniega, PG Page 3 oF3. December 10, 2412 2NMY060400 C. 'foam meetings In our original proposal (and City's RFP) and previous amendments, nine (9) meetings were included In the budget. Two additional meetings were held for the 90% Design Review and 100% Design Review to discuss the traffic control plan comments and requested changes, We request additional budget fax these unanticipated meetings including teleconference calls made to clarify comments or request further direction. 1}. Bic] Phase Services ' (I) Provide Bid Phase assistance including attendance of pro- bid 'meeting, address questions from contractors and prepare one addendum, as necessary. (2) Provide graphic support to City for public outreach map and/or figure. PHASE 3 — CONSTRUCTION PHASE SERVICES A, Additional Construction Phase Services As part of Contract Amendment Nos. t and 2 the City added additional length to the project alignment, Including the segment firm East Coast Higbwayto Pernieaf Avenue, the segment along Dahlia Avenue and S Avenue (from Past Coast Highway to FornieafAvenue) and the valvo .relocation at Sun Miguel Padc, The - previous amendment requests excluded additional biddingleonstruction phase services related to these additional segments,'rherefore we have included additional hours for responding to, itFt`s, review of shop drawings and preparation. of record drawings. We respectfully request you review the attached Exhibit 1'f3" identifying the effort to address additional scope items. Please consider our request for an amendment and do not hesitate to contact myself or Neha Ga)jar with any questions you may have. Sincerely, P S 0 M A S (..'BSo eph b. oyle, .B. Sex #tzar Project monager Vice President 33 of 36 EXHIBIT B SCHEDULE OF BILLING DATES PSOMAS PaggeaRi r M 0 IL c W LL MB 0 9f in c':' 07 J C, pe /{ \/��� 35 of 36 w w WIM N f- z LLI I