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HomeMy WebLinkAbout08 - PSA for Facilities Management & Master Plan Services�gW Pp,4r CITY OF NE WPO RITF BE �'�C'H City Council Staff Report Agenda-ltem No. 8 October 22, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL. FROM: Public Works Department David A. Webb; Public'Works Director 949 - 644 -3330, dawebb ()newportbeachca ,gov PREPARED BY: Patrick Thomas, Deputy Public Works Director /City Engineer, 949- 644 - 3319, pthomas(a)newportbeachca.gov APPROVED: �--n 0. TITLE: Professional Services Agreement (PSA) with AMEC for preparation of Facilities Management and Master Plan Services ABSTRACT: The Public Works Department solicited proposals from qualified firms to conduct a review of all City owned buildings and prepare a master plan for ongoing capital maintenance and replacement of major 'building components in the most efficient manner possible. Nine firms submitted proposals and AMEC was selected as the most qualified firm. The master plan. will be used for planning future facilities maintenance and replacement projects and as a tool for capital budgeting purposes. RECOMMENDATION: Approve a Professional Services Agreement (PSA) with AMEC for Facilities Management and Master Plan Services not to exceed $133,480.00 and authorize the Mayor and City Clerk to execute the Agreement. Also, authorize the City Manager to execute any agreements necessary to implement the Professional Services Agreement. FUNDING REQUIREMENTS :. Sufficient funds are available in the Fiscal Year 2013-14 Capital Improvement Program (CIP) budget in Account No. 7415- C1002038 with funding being provided by the Major Facilities Master Plan fund. DISCUSSION: The City owns and maintains 74 buildings at numerous locations and 58 public restroom buildings. Currently, City facilities are maintained by the Municipal Operations Department (MOD) as well as various building maintenance contractors. Facilities maintenance typically includes: painting, flooring, roofing, carpentry, mechanical, electrical, plumbing and HVAC (Heating, Ventilating and Air- Conditioning) systems. In order to provide for the most efficient maintenance and replacement of all City facilities, staff solicited proposals from qualified 'firms to prepare a Facilities Management and 1 of 48 Professional Services Agreement (PSA) with AMEC for preparation of Facilities Management and Master Plan Services October 22, 2013 Page 2 Master Plan. The plan will include an inventory and assessment of all City owned facilities; evaluation of maintenance and rehabilitation /replacement needs, review of existing maintenance programs, establishment of major maintenance and replacement schedules and software for planning and capital budgeting purposes. The primary work product will be .a master plan which sets a long term vision for how the City can maximize the useful life of existing facilities, incorporate newly constructed facilities into the capital maintenance program and provide for the needs of residents; businesses and staff who utilize City owned facilities. The Professional Services Agreement with AMEC also provides for the licensing of software known as Vertex, as well as annual maintenance and hosting services for the facilities management web -based software. solution. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this funding approval action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 1.5060(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, directly or indirectly. 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). Submitted by: Public Works Director Attachment: A. Public Services Agreement with AMEC 2 of 48 Attachment A PROFESSIONAL SERVICES AGREEMENT WITH AMEC ENVIRONMENT AND INFRASTRUCTURE, INC. FOR FACILITIES MAINTENANCE MASTER PLAN DEVELOPMENT SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 23rd day of October, 2013 ( "Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and AMEC ENVIRONMENT AND INFRASTRUCTURE, INC., a Nevada corporation ( "Consultant'), whose address is 9177 Sky Park Court, San Diego, CA 92123, and is made with reference to the following: Laxyr1F-11� 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 provide Facilities Maintenance Master Plan Development Services ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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 Date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 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 "). City may elect to delete certain Services within the Scope of Services at its sole discretion. K� IhTiImluel= :1N&1A LT] [_L 41 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 AMEC Environment and Infrastructure, Inc. Page 1 ME11.3 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. 3.2 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 parry hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 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 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 Thirty Three Thousand Four Hundred Eighty Dollars and 00/100 ($133,480.00), 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) calendar 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. 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. AMEC Environment and Infrastructure, Inc. Page 2 100.1 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 Robert Sauer 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 City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Deputy Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator 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. STANDARD OF CARE 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 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. AMEC Environment and Infrastructure, Inc. Page 3 6.S[f:3 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, volunteers 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, attorneys' 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, reckless, 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 attorneys' 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 Consultant. 10. INDEPENDENT CONTRACTOR 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 Consultant 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 AMEC Environment and infrastructure, Inc. Page 4 M. -E:3 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 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. fi[�P6��1:7_1►[�L 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. fiF�, :i�7:11- 3�IULI_[H_1IMiff_FMM104 h71=1►k &y_1► Ilk 11:LV6M ;IZ61 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 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 co- tenancy, 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 AMEC Environment and Infrastructure, Inc. Page 5 IL.S[f:3 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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. ir�GLRKl1;l*H11 as] 031414i11kri 4IIK 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. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. 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. 19. INTELLECTUAL PROPERTY INDEMNITY 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. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate AMEC Environment and Infrastructure, Inc. Page 6 rME11:3 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. 21. WITHHOLDINGS 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 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. 22. 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 law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. `L! 8161N;111 [GI&KOIN RIIII :L 41 24.1 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. 24.2 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. AMEC Environment and Infrastructure, Inc. Page 7 ME[.] 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Pat Thomas, Deputy Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Robert Sauer AMEC Environment and Infrastructure, Inc. 9177 Sky Park Court San Diego, CA 92123 26. 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. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 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 AMEC Environment and Infrastructure, Inc. Page 8 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 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. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 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, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 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. 28.4 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. 28.5 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. 28.6 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. 28.7 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. AMEC Environment and Infrastructure, Inc. Page 9 IfG E11.1 28.8 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. 28.9 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. 28.10 dual 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. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 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] AMEC Environment and Infrastructure, Inc. Page 10 IMME11:3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: I, Date: By: O By: Aaron C. Harp Keith D. Curry City Attorney `dt� Mayor ATTEST: CONSULTANT: AMEC Environment and Date: Infrastructure, Inc., a Nevada corporation Date: By: By: Leilani I. Brown Pete Campbell, PE City Clerk Vice President By: John Brandt Principal Program Manager [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements AMEC Ehvironment.and Infrastructure, Inc. Page 11 fRL E11.1 EXHIBIT A SCOPE OF SERVICES The Consultant ( "AMEC ") shall conduct an inspection of all City owned buildings and /or facilities, as listed in Attachment 1 and develop a maintenance program to effectively maintain all aspects of City facilities, including scheduled routine inspection, servicing, repair and replacement of building and equipment components on an as needed basis to facilitate municipal operations in the most efficient manner possible. Consultant shall develop a schedule for the replacement of major building components on all City facilities including: paint, flooring, roofing and HVAC systems. The replacement schedule shall include projected lifetime, estimated costs and annual funding required to implement the replacement program. Phase I — Facility Assessment Phase The initial interaction between the City of Newport Beach and AMEC shall begin with a Project Kick -Off Meeting. AMEC will begin work prior to the Kick -Off Meeting to prepare a detailed Work Plan ( "WP "), Health and Safety Plans, and project schedule. 1.1: Building Assessment Coordination AMEC will create and maintain a master schedule of all project activities and milestones. Microsoft Project will be used to facilitate this task. Each week, AMEC's Project Manager will confirm the assessment schedule for the upcoming week with the City's facility points of contact for each building. 1.2: Health and Safety Plan The health, safety and environment ( "HSE ") program for this project will be supervised by the AMEC Safety Officer. Before any field work is accomplished a Job Hazard Analysis ( "JHA ") will be performed on all field activities. All necessary safety precautions will be followed including the use of appropriate personal protective equipment ( "PPE "). Additionally, AMEC will ensure that a daily safety brief will be given to AMEC's assessment teams ( "Facility Assessors ") before going into the field. Any potential safety hazard identified by AMEC at City facilities will be immediately reported to the City for corrective action. AMEC will conduct a Screening Level Assessment to determine whether a formal risk assessment is required prior to preparing a Health and Safety Plan, or whether the work only requires a Job Hazard Analysis "JHA") be prepared. AMEC will analyze the job for hazards, as follows: • Identify Key Job Steps: Break the job down into individual key steps where work activities are presented in sequential order. • Identify Job Hazards: Create a list of known or potential hazards within each step of the job. Consider hazards associated with the various tools, equipment or other hardware involved in the job. Consider environmental hazards such as thermal stress, biohazards, etc. AMEC Environment and Infrastructure, Inc. Page A -1 MIME11:3 • Identify Safe Practices and Equipment: List one or more prevention or control measures to address each hazard identified, emphasizing engineering and administrative controls over PPE. Once this has been completed, the JHA team will determine whether the job can be performed in a manner that eliminates the identified hazards. AMEC will prepare a JHA and update as necessary. The JHA will be based on AMEC's current corporate Health and Safety Plans in force as of the Effective Date of the Agreement. The primary effort for updating the JHA is in the comparison of the existing plan with site specific requirements, current regulations and the contract scope. AMEC's Safety Officer will be the primary author and the document will be reviewed by an AMEC Senior Safety Professional. The JHA will be distributed to all team members for review and concurrence prior to their starting work on the project. The Project Manager will keep a record of team member acknowledgments of the JHA. The Project Manager will also coordinate with the City of Newport Beach regarding any site specific safety requirements. Field Assessors will conduct and attend safety briefings daily throughout the duration of the project. A log of brief attendees will be maintained. This briefing will cover requirements and measures that AMEC team members are to follow, answer any safety questions and cover lessons learned from the previous day's activities. At a minimum, team members will: • Use appropriate PPE • Not enter confined spaces • Access only low- sloped roofs • Use proper climbing and ladder safety techniques during low- sloped roof access • Notify appropriate personnel of their presence Emergency notification numbers for medical emergencies as well as emergency facility locations will be included in the JHA and distributed by the Project Manager to each team member after consultation with the City of Newport Beach. Included in this information will be the location of the nearest hospital emergency facility. 1.3: Development of the Project Work Plan The Project Manager will develop a Project WP specific to the project based on standard methodologies for conducting a Facility Condition Assessment ( "FCA ") with Engineered Management System ( "EMS "). Individual task elements reflective of this effort will be included in the Project WP. A key component of the Project WP will be the logistical arrangements for scheduling the Facility Assessors to the facilities in a controlled manner. The Project Manager and AMEC's Data Quality Control (QC) /Senior Principal will be the primary authors for the WP. AMEC Environment and Infrastructure, Inc. Page A -2 AMEC will use the list of buildings provided by the City, along with any specific scheduling input, to develop a FCA . Progress will be monitored daily and the schedule will be updated as appropriate. Access requirements to specific buildings and the date and time for the assessment will be confirmed with the City the week prior to the assessment. Additionally, the schedule will include other key events such as report deliverable dates. Regular and clear communications between AMEC and the City of Newport Beach will be essential to the success of the Project WP. AMEC and City will conduct a conference call at least weekly to review progress. If issues or problems arise, AMEC will address and resolve those immediately. AMEC will provide project progress reports to accompany the monthly invoices if requested to do so by the City. Based on our understanding of the City's intentions, AMEC anticipates the field assessment effort consisting of approximately 74 buildings and 58 public restrooms, which shall encompass three weeks. During the first week following the kick -off meeting, we will complete the building by building assessment schedule and begin coordinating access requirements. If possible, we will group buildings to be assessed by their geographic location in order to minimize travel time between buildings. Using a single team of Facility Assessors, we expect to assess an average of 5 to 10 buildings per day. This assessment schedule will provide sufficient time for our reporting and quality control work to keep pace with the assessments. 1.4: Project Kick -Off Meeting AMEC will schedule and conduct a Project Kick -Off meeting with key staff from the AMEC Team and the City of Newport Beach assigned to this project. The AMEC Project Manager will introduce key field team members and review roles and responsibilities for the assessments. The Kick -Off meeting will confirm that both the AMEC and the City of Newport Beach teams understand the scope and schedule to perform the work, project constraints, project risks, and that the City of Newport Beach's expectations of the results of the work are aligned with the AMEC Team's understanding of its performance requirements. During the Kick -Off meeting, the following will be accomplished: • Introduce members of the AMEC Team to key City of Newport Beach staff. • Identify the primary Point of Contact for both the Team and the City of Newport Beach. • Establish the desired chain of communication. • Determine site access restrictions and security requirements. • Initiate the collection of general building information, including floor plans and maintenance plans and history. • Identify known schedule constraints. • Discuss safety issues. AMEC Environment and Infrastructure, Inc. Page A -3 IM. - EK • Discuss payments within the assessment schedule. 1.5: Composition of Field Team The Project Manager will lead and manage all aspects of the facility assessment work performed by AMEC for the City of Newport Beach. The Facility Assessors will be comprised of the following: • Two (2) Architectural Exterior & Interior Assessors • Two (2) HVAC, Mechanical and Electrical Assessors • One (1) Fire /Life Safety Assessor • One (1) Pavements Assessor, and • One (1) Roofing Assessor The Facility Assessors team will include a a California Division of Occupational Safety and Health Certified Asbestos Consultant ( "CAC ") and a California Department of Public Health certified Lead related Inspector /Assessor and Project Monitor who specializes in identifying, sampling and monitoring the removal of asbestos and lead products that may be encountered during the assessment. 1.6: Review of Overall Objectives Following the Kick -Off Meeting, the AMEC Team will meet with a core team of the City of Newport Beach representatives to create a list of objectives for the project and expectations for the final deliverables. 1.7: Schedule Development AMEC will complete the project in six (6) months from issuance of a Notice to Proceed. AMEC and the City of Newport Beach will regularly confer on extending the time for completion based on a need for flexibility in work scheduling to best support the successful execution of the project. 1.8: Pre - survey Discovery and Investigations Prior to deploying to the field, AMEC will prepare a database of required information will for each building to be assessed. This information is reported in a matrix format that makes it very easy to identify which buildings are missing specific items of information. This matrix will be reviewed frequently by both the Project Manger and the Facility Assessors to ensure that all necessary information is available before going into the field. Where pre - survey information is not available from the City, AMEC will modify our field work to collect the missing information within the scope of the contract. This matrix format will use hyperlinks associated with specific building data to facilitate the ease of accessing the information. AMEC Environment and Infrastructure, Inc. Page A -4 IIL.S[I:3 The following list describes the specific information that AMEC will obtain from the City for each building to be assessed. 1. Building address 2. Building latitude and longitude known 3. Year built 4. Replacement value 5. Any known hazards located in the building or on the property such as hazardous material storage or confined spaces 6. Current Facility Condition Index ("Cl") rating (if known from previously assessments) 7. List of planned facility projects including scope and anticipated schedule 8. An inventory of systems and components to be assessed 1.9: Select an Engineered Management System For purposes of this Project, AMEC shall utilize the VERTEX EMS system for data collection and data management. City shall enter into a License Agreement, Maintenance Agreement and Hosting Agreement in substantially the same form as included in Attachment 2. 1.10: Facility Assessments AMEC will complete the project with a detailed, highly structured approach towards controlling workflow. The following activities make up the project Work Breakdown Structure (WBS). Prior to mobilizing to the field, AMEC will conduct a pre - survey calibration meeting with the Facility Assessors team to review the means, methods, approach and documentation standards for collecting building inventory and condition assessment data at the City of Newport Beach sites. The meeting will focus on discussion of any requirements specific to this project, and on calibrating each of the assessment team members to the project specific data collection methods, data nomenclature standards and data consistency. We will also configure the selected remote EMS with background data specific to the City of Newport Beach project. AMEC acknowledges the facility systems identified in the questions and answers provided in the addendum, and will gather data according to the City's requirements. During the FCA, AMEC will inventory and quantify readily accessible sub - elements that comprise the as -built construction of each building identified in Attachment 1 to this Scope of Work. AMEC will visually assess the condition of the assets inventoried and document observed deficiencies and defects. Digital photographs will be taken of significant deficiencies, and shall be included in our final report. Data collected during the survey will be stored in the remote EMS. Data will be synchronized with the selected EMS at the end of each day via the Internet. The selected EMS will automatically calculate a numerical Cl and estimated economic AMEC Environment and Infrastructure, Inc. Page A -5 WIRE11:3 Remaining Service Life ( "RSL "). Where visual inspections are not possible, such as with underground construction, we will determine the CI and RSL of the sub - component based on its age and its planned degradation along its lifecycle, and modify it as required based on information obtained through interviews with the City of Newport Beach staff and review of existing records. AMEC will review the construction and maintenance documents that are available on site or provided to us in advance of our site visits, and discussions with individuals knowledgeable in the construction and maintenance history of the buildings. AMEC will use the project data to produce an overall picture of the current condition of the portfolio and to develop a plan to maintain the facilities at an established level of condition. A multi -year Maintenance, Repair and Replacement ( "MR &R ") budget estimate will also be provided as part of the report. The report will identify recommended actions for each building sub - element included in the survey along with estimated costs to carry out the action. Work will be prioritized using Analytical Hierarchy Processing prioritization methods. Data describing the inventory of each segmented building element will be recorded in the selected EMS on tablet personal computers ( "PCs'). Attributes for each building component are pre- defined and stored in the selected mobile EMS asset catalog. The Facility Assessors will select appropriate asset attributes from a drop -down list defined specifically for each building system. This capability allows the selected EMS to automatically link a current replacement value ( "CRV") and design life ( "DL ") with each asset included in the inventory, eliminating the variation of data from subjective opinions of Facility Assessors. AMEC will ensure consistent high quality facility assessment information begins at the project planning stage. AMEC will achieves these results through the application of standard data collection templates that are verified to ensure all required information is collected while the Facility Assessor are in the field. Data collection forms will be standardized to ensure all required information is collected. The Facility Assessors will receive project specific data collection training to ensure there is a complete understanding of the project requirements. Facility Assessors are required to complete their data collection forms and field notes by the end of each day. This practice ensures that all relevant information is recorded, and not left until a later time to document, which minimizes the potential for omissions. While performing the building assessments, the Facility Assessors will interview the facility staff at each location to capture and document the site and building specific information that is known best by the people who work there on a regular basis. The information obtained in these interviews will be correlated with our actual field observations, and will serve to focus our attention on areas of specific concern to the City. Data entry is validated during AMEC's internal QC process. The inventory of building sub - elements will be categorized using the "Standard Classification for Building Elements and Related Sitework-UNI FORMAT II ". UNIFORMAT II has been adopted by the American Society for Testing and Materials ( "ASTM ") and has been codified as standard ASTM E 1557 -09. This standard AMEC Environment and Infrastructure. Inc. Pape A -6 WIME11:3 establishes a classification and coding scheme that incorporates four hierarchical levels of detail. At the same time the inventory is being documented, observations will be made to locate obvious problems and visible defects in the materials and building systems in an effort to assess the physical and operational condition of inventoried assets. There are three primary methods of assessing the condition of inventoried assets using EMS principles: 1) age -based modeling, 2) general assessment, and 3) detailed assessment. The methods selected for use depend on the clients overall program requirements for the use of the data. The level of effort and costs associated with each method of assessment increases from the first method (age -based modeling) to the third method (detailed assessment). AMEC shall approach to the project with a combination of age -based and general assessments based on the following: Age -Based Assessments: For sub - elements which are not readily accessible, hidden from view, or for which major operating components are internal to the sub - element, we will assess condition using Age -Based assessment techniques. Unless otherwise modified, the Cl is predicted based on the age of the asset and assumes the performance life of the asset is equal to its design life. General Assessments: For sub - elements that are assessed on a general level, we will record an estimated RSL, which will in turn be used to calculate a Cl. During the field observations, the condition of the asset is established by estimating the RSL of the asset in years. Based on the assessor's opinion of RSL, a numerical Cl can be generated using the age of the asset and the selected EMS' deterioration curves. Because of this, the generation of detailed repair costs associated with specific defects cannot be generated. MR &R costs for assets whose Cl is generated from a Modeled Assessment or a General Assessment are based on Repair curves (mathematical equations) that calculate an estimated percentage of the annual cost of ownership of the asset that is inversely proportional to the projected deterioration rate for the asset. The Cis are empirical models. The importance of the Cl lies not in the numerical result, but in its ability to reasonably project the current rate of asset deterioration and the remaining useful economic service life, RSL of the asset. AMEC take photograph of buildings, structures or systems and photos will be provided as a report appendix. AMEC will only take photographs where specifically allowed by the City representatives. 1.11: Quality Control At the end of each day, Facility Assessors will synchronize the databases. Data collected in the field, not previously uploaded, is sent to the selected EMS and stored in temporary tables pending data review for QC. Any files that have been modified in the selected EMS since the last synchronization with the selected mobile EMS are downloaded to the field tablets. AMEC Environment and Infrastructure, Inc. Page A -7 011ME1r:3 AMEC will establish appropriate QC measures to ensure the accuracy of data being entered into and produced by the selected EMS. The selected EMS will include over 30 automated QC queries in its `To Do List ", and also includes data review tools. The selected mobile EMS will organize the data uploaded from the mobile EMS program to support multirecord QC, using filters and data sorting to facilitate more efficient human review of the data. The selected mobile QC program will track records reviewed and records posted to the selected EMS database. The selected mobile EMS QC program will document an audit trail of data errors identified and fixed during the review. In addition, the selected EMS includes automated queries in its "To Do List ". These queries are specific to the defect types on which one is focusing. For example, specific QC reviews can be run to identify all records with a null CRV, or defect densities that exceed the total size of the asset, as examples. The "To Do List" queries can analyze thousands of records per minute, thus dramatically reducing the human effort required for data review, with guaranteed accuracy. Should inventory be recorded that does not associate to a CRV in the selected EMS catalog, the asset attributes will be reviewed for accuracy. If accurate, our QC Senior Principal will determine a current price from RS Means or industry data sources and update the cost catalog. After the FCA activities are complete in the field, AMEC intends to proceed with Task 2 which involves deploying our assigned Mechanical Engineer to perform a detailed evaluation of existing facility management systems and making recommendations to develop new operating systems requirements. 2.1: Facility Management Systems; Evaluation of Existing Operating Systems AMEC will coordinate with the City's Municipal Operations Department ( "MOD ") to review and evaluate the existing facility operating systems software and hardware. This review will include an evaluation of the original design intent to include construction documents, specifications, the sequence of operations, and any contractor or manufacturer submittals. AMEC will interview the MOD staff concerning the existing system capabilities, deficiencies, support requirements, and goals. The evaluation will focus on the operating system, architecture /hardware, interoperability or interface capability, sequences of operation, as well as expandability and limitations. AMEC will provide recommendations on the City's existing operating systems and provide recommendations as to alternative systems, upgrades and/or improvements to operating hardware and software programs that would integrate remote control and monitoring. AMEC will consider the operating platform, system integration, system expandability, trending, and interface with other control systems. AMEC will also develop new operating requirements in conjunction with new facility replacement projects. AMEC has in -house facility operating systems engineers and may also work with hardware /software vendors to accomplish this activity. AMEC Environment and Infrastructure, Inc. Page A -8 0iG E11.1 3.1: Facility Maintenance Software AMEC has developed its Facility Asset Management programs or Vertex® based on sophisticated, IT- enabled, decision support tools that allow management to perform "what if' analyses to create financially optimized and defendable forecasts. Through use of the latest internet technology, the data can be updated and the forecasted results can be shared with anyone, anywhere, anytime. 3.2: Building Facilities Master Plan The Building Facilities Master Plan will be based on the life cycle cost analysis and the schedule of annual repairs and replacements. Within the scope of this task we will perform a thorough life -cycle cost analysis. We will also develop the schedule of annual repairs and replacements which will include, for each asset, the projected lifetime, estimated cost to repair /replace and annual funding requirements. AMEC will conduct a thorough life cycle cost analysis and recommend alterations and improvements to properly maintain or increase the life of each City -owned building. The EMS process AMEC will use in the FCA task collects system inventory information that establishes a baseline condition for each system. EMS utilize life cycle curves which model how a system changes over time and uses factors such as age and observed defects to adjust the system's apparent age based on condition versus it's actual calendar age. 4.1: Building Facilities Capital Improvement Plan After we have completed the life -cycle cost analysis of each facility and generated the schedule of annual repairs and Building Facilities Master pan, we will develop a Capital Improvement Plan for the City of Newport Beach. The Capital Improvement Plan is based on the recommended repairs from the Building Facilities Master Plan, but is adjusted according to the City's anticipated budget, contracting capabilities, and potential impact on the City's employees and customers. The projects in the Capital Improvement Plan will include preliminary scopes of work and cost estimates prepared using RS Means data, which will be regionally adjusted for the Newport Beach area. Most all team members on the project team are experienced in preparing project estimates using RS Mean's data. Additionally„ one of the assigned Facility Assessors shall be a Certified Cost Engineer, and will provide quality reviews of all cost estimates. AMEC will review and critically analyze, among other items, the data gathered in the field, the existing annual inspections information and the Building Facility Master Plan. Based on the annual inspections and Building Facility Master Plan information, AMEC, in collaboration with the City, will propose and draft a building facilities capital repair, rehabilitation and replacement program of projects to the City. AMEC will develop budgets and funding recommendations for consideration by the Public Works Director and City Engineer. 5.1: Coordination with MOD Facilities Maintenance Program and Development of Policies and Procedures AMEC Environment and Infrastructure, Inc. Page A -9 OWED] AMEC will meet with City personnel and maintenance vendors as necessary to analyze existing policies and procedures. After having fully analyzed and evaluated the existing policies and procedures, AMEC will, in collaboration with the City's MOD staff, develop new policies and procedures the better meet the needs of the City. These procedures will include determining relative risk of failure of each type of procedure versus the component maintained, and recommending maintenance schedules and system monitoring to increase overall system reliability while reducing cost. AMEC, in concert with the City's MOD and selected vendors, will develop a formal set of organized and logical policies and procedures manual for the proper maintenance and operation of City -owned facilities. AMEC will provide training to maintenance and operations vendors as well as the City of Newport Beach to implement the new policies and procedures effectively. 5.2: Assistance in Establishing Regular Building Maintenance Contracts AMEC will meet with the MOD Staff, analyze and evaluate the existing maintenance services procurement process, and assist the MOD Staff in establishing regular building maintenance contracts. Phase II — Reporting Phase 6.1: Data Analyses The data collected by AMEC will be uploaded to the Vertex EMS on a daily basis throughout Phase I of this project. Once uploaded, the EMS will automatically calculate a numerical Cl for each sub - element included in the inventory. After Cis are calculated, AMEC will analyze the data and prepare budget estimates for recommended alternatives of MR &R of assets. The financial analyses will be generated from queries established in a "decision matrix" which model various asset management strategies. Strategies will be formulated to bring each facility up to the applicable standards. After reviewing the work and data from the initial phase, AMEC will proceed with an analysis of each facility assessed. As with the assessments, there will be two pieces of the analysis, though they will be more closely linked than in the assessment. The Draft and Final Report Deliverables will include all pertinent information from the first five tasks outlined in this Scope of Work. The City will receive one draft report and one final report. The draft report will be a full, complete and comprehensive report. The final report will only incorporate additional comments from the City. 6.2: Orientation and Training provided to the City of Newport Beach AMEC will provide orientation and hands -on training to the City of Newport Beach staff on the features and attributes of the Vertex EMS populated with the City of Newport Beach's' data. Hands -on training will focus on how to run queries and reports, update and delete information. Training will be held at a City of Newport Beach facility, and the AMEC Environment and Infrastructure; Inc. Page A -10 City of Newport Beach will be responsible for providing sufficient computer access and training facilities. We anticipate training will be targeted to individuals primarily involved in data entry and "super users" involved in data analysis, interpretation and reporting. Training shall be conducted with classes of no more than ten (10) individuals at one time. Our fee estimate assumes the training will be conducted for one (1) day at a site determined by the City of Newport Beach. Printed User Guides and Training materials will be provided as part of the database delivery and training. Training agendas and outlines that describe what will be covered during the training session will be provided to attendees in advance as part of the training. AMEC Environment and Infrastructure, Inc. Page A -11 POME1i:3 ATTACHMENT 1 INVENTORY OM ER] Lee # Location Name Street Address of Sterne; I Square Feet (Building) Lot Size Acreage Public Restroorns Onl y. z ls,V , 135.87 ... I Newport Pier 70 McFadden Place 1 884 i 1.95 2 15th Street 1501 W. Ocean Front 1 324 5.59 3 Balboa Pier 801 E. Oman Front 1 240 30.71 4 Washington Street 208 E. Bay Ave. 1 600 0.05 5 19th Sheet 226 19th Street 1 432 6 38th Steel 3706 Ballabot Blvd 1 288 1.04 7 Channel Place Park 4402 Channel Place 1 484 1 1.32 8 SSm Street 5800 Seashore Dr. 1 240 --L-- 3.29 9 (),once Street 6804 Seashore Dr. 1 432 1.58 30 Balboa Island Ferry 501 S. Bay Front 1 215 N 11 Irvine Terrace Park 721 Evita Dr. I Sas 8.26 12 *Corona Del Mar State Mach 2909 8,3029 Breakers Dr. 1 720 8.92 13 Such Gully 214 Glen Dr. 1 1,500 N/A 14 CYC Tennis Co.r1b, 960 Goldenrod Ave. 1 372 1 16.79 15 Coastal peak Palk 20403 E. Coastal Peak I 1123 9.90 16 San Miquel Park 2200 San Miguel Drive I 552 732 17 Pon Carney 1910 Pon Carney Place 1 900 1 6.41 is Pon Westbourne .1891 Part Westbourne Place 1 900 N/A 19 Anrov. Park 1411 Bison Ave. I 960 7.59 20 Eastbluff Park 2401 Vista D81 Oro 1 506 13.20 21 Bob Henry Park 900 Dover Dr. 1 573 4.80 22 Mariners Park 2005 Dover Dr. 1 1,055 6.32 23 Bawling Green Resecarms 1550 Crown Drive North 1 78 NIA 24 Boy Smut House Restoome, N/A 1 180 N/A 2S Bonin Creek Park Restrooms 3010 La Vida 1 240 NIA 26 Balboa Island Fire Station ( Restroom 124 Marine Ave. I thd N Utilities Yard ,S6,8824 27 Building 1 949 W. 1% 2 4,487 28 Building 2 949 W. 16th 1 4,328 29 Building 2A 949 W. 16th 1 6,554 31 Buildino 3 949 W. 16th 1 4,339 Buildlao 3 (Storage Garage) 949 W. 16th 1 688 32 Building 4 949 W 16th 1 4,478 33 Building 5 949 W. 16th 1 3,700 949 W. 16th 1 10,144 35 Building 7 949 W. 16th 1 8,000 36 Building B 949 W. 16th 1 10,164 Corporal . . . .. i.- 77 WIlf,303 37 Bldg A - AdininkhriaLlOn 5925u edor 2 6,400 38 Bldg B - Carpenter R Ship Shop 592 Super io, 1 6,601 39 Bldg C - vehicle & Equip Storage 592 Superior 1 6,400 40 Bldg D - Vehicle & Equip Rapers 592 Superior 1 16,000 41 E - Covered Stora e & Paint Booth 592 Superior 1 9,760 42 _Td Bldg G - Equipment Storage 592 Superior 1 10,268 43 Bldg H - Fire Dept. Warehouse 592 Superior 1 10_044 44 Bldg I - Fertilizer Pesticide Storage 592 Superior 1 4,540 45 Bldg K - Parks Dept. /Warehouse 592 Superior 1 2800 46 Rich 0 - Covered Storage Shed 592 Superior 1 S:475 47 Other Misc. Building 592 Superior 1 3,015 Rack Bay Science Centerl 48 Science Center 600 Shellinalker Rd., Bldg A, 1 6,626 N Oasis Senior Center',, n, % LI-i.. X 36457.a x- 492...;.:+ , 49 Oasis Sr. Citizens Center & Passive Park 801 Narcissus 1 36.457 4.92 Fire Stations so Fire. Station #1 110 E. Balboa Blvd. 2 3,423 0.57 51 File Station #2 475 32nd Street 2 9,953 4.26 52 Fire Station #3 868 Santa Barbara Dr. 2 13,605 3.99 53 - - - - - - FIrg_Staflon #9 Marine &v , 2 4,597 D.10 Fire Station #5 410 Marigold Ave., CDM 1 2,095 0.16 SS T2 Station #6 1348 Irvine Ave. 1 2,926 6.32 56 Fire Station #7 20401 Acacia St. 1 11,027 2.11 57 1 File Station #8 6502 Ridge Park Rd. 1 11,027 1.09 "Le=ea quarters ( New port Pier) 70 Ne,vrort Pier 2 2,500 1.95 59 -'Headauzirters (CDM) 3001 Ocean Blvd. 1,832 8.92 Recreation nht7oET'N`1-11 r .. 64923 w 117!20� 60 1 Balboa Community Center 1714 W. Balboa Blvd, 1 2,742 9.75 Bonita Can on Sports Park (Restroam) 14.24 62 1 Bonita Clock Park Community Center 3010 La Vida 1 2,876 14.24 63 Carroll Beek Community Center I IS Anne Ave. 1 IS55 0.28 61 Cliff Or Community Center 301 Riverside Ave. j 1 750 1.25 65 Manners Park Youth Center 1300 Irvine Ave. I 1 1,820 6.32 66 Grant Howald Community Youth Center 3000 Sin Ave., Cdm i 1 5,146 7.86 67 Newport Coast Community Center 6401 San 2caquin Hills Road 1 16,865 3.06 68 West Newport Conuraunity Center 883 W. 15m Street 27- 11,980 0.82 69 Theater Arts Center 2501 Cliff Dr. 2 8,042 1.62 70 Lincoln Athletic Center 3101 Pacific View Dr. 1 7.321 19.25 71 COM HS Pool Room 2100 Eastbluff Dr. 1 2950 38.51 SrL', ' Lg X 72 Balboa Branch 100 E. Balboa Blvd. I- S,566 1 0.57 73 Mariners Branch 1300 Who Avenue I 15 632 74 Main Branch 1000 Avocado Ave, 2 W12" 65 4.00 7S CDM Branch 420 Majored Ave. 1 4,055 1 0.32 Balboa Yacht Basin w-'! + -41 76 Balboa Yacht Basin 829 Harbor Island Dr. 2 2,250 1.66 77 Basin Marine, Inc-. - 829 Harbor Island Drive 1 2,200 Two-story 78 Various (Manag ed by Basin Marine, Inc.) 829 Harbor Island Drive 1 2,800 79 The Galley Cafe 829 Harbor Island Drive 1 1,200 80 Herinne Yacht Sales, Inc. 829 Harbor Island Drive 1 990 81 Apartment A $29 Harbor Island Drive 1 -1300 Duplex 82 Apartment B 829 Harbor Island Drive 1 1,300 Duplex Apartnient C 829 Harbor Island Drive 1 1,400 84 IVarious (Managed by Basin Marine, Inc.) 829 Harbor Island Drive 1 5,900 P.liceDepa Department 1'� . �: . ,, v -R-, �,OLC,,,-Iitt'.W. '-'D�S _"'� '48�0001 a 85 Police Department Head Quarters; 870 Santa Barbara Drive 48,000 Misac. Facilities' I 86 1 1499 Monrovia Of Building 1499 Monrovia Avenue 2 20,000 87 American Legion 215 East ISUb Street 1 7,800 1 Balboa An lin Club 200 A Street (Balboa) i 750 89 1 Barchea Pier Concessions I Balboa Pier 1 1,300 90 1 Boys and Girls Club of Balboa 2555 Vista del Om 1 11,800 jL_ Corona del Mar Beach Concessions 3029 Ocean Blvd.- 1 950 92 Dory Fisherman's Fleet 2111 West Oceanfront 1 1.350 93 Newport Aquatic Center I Whitediffs; Drive 1 17,500 94 Newport Harbor Lawn qmyjn9_ 1550 Crown Drive North 1 2,750 95 Newport Mesa USD Poll at Corona del Mar Bich 1 4,450 Pool = 28,100 96 Newwrt Mesa USD Pool at Newport Harbor High 1 5,000 Pool = 28,200 97 Newport Mesa USE, Fields at Lincoln Elementary 1 N A Fields = 495,000 18 Newport Pie, Concession- Restaurant Building 2 4,400 -------- 99 Schock Boats 29th Street Pier 1 3,200 Give Center . , 6 .6. - I i'l-" +100000 ; i ", , '-.- - "_=vi ' 100 Civic Center 10D Civic Center Drive 3 1 100,000 Excluding Parking Structure :','64 0;7 30'fs 440,765 ZXCWU1fl9L1WCLenter, Uslsfg aelCrL&MaT, eac 00-nill ATTACHMENT 2 License Agreement, Maintenance Agreement and Hosting Agreement OZL.S[f:3 SOFTWARE END USER LICENSE AGREEMENT "Vertex,", This Software End User License Agreement ( "License Agreement ") is between AMEC Environment & Infrastructure, Inc., a Nevada corporation, ( "AMEC ") with offices at 1075 Big Shanty Road NW, Suite 100, Kennesaw, Georgia 30144 and the City of Newport Beach, a California municipal corporation and charter city with offices 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client ") and is effective the 22nd day of October, 2013 ("Effective Date "). 1. Grant of License. Licensor hereby grants to Licensee a personal, non - exclusive, nontransferable, limited license ( "License ") to install and use the product named above and its accompanying documentation (collectively, the "Software ") in object code form solely in accordance with the terms of this License Agreement, including the restrictions set forth in Section 2 below. Licensee may make one copy of the Software for archival and backup purposes. Licensee must reproduce and include any copyright and trademark notices, legends and logos on each copy of the Software or diskettes made by Licensee. 2. Limitations of License. Installation and use of the Software is specifically subject to the following restrictions and limitations: a. The rights granted herein are specifically negotiated license rights. b. The License is limited to the processing of data associated with selected building and site infrastructure sub - elements ( "Sub- elements ") which are (i) available in the Classification Catalog Manager of the Software, as of the Effective Date, and (ii) included in the Group Elements listed below, as defined by, and set forth in, UNIFORMAT II, ASTM E- 1557 -05: i. A10- Foundations ii. A20— Basement Construction iii. B10 - Superstructure iv. B20— Exterior Enclosure v. B30— Roofing vi. C10 — Interior Construction vii. C20— Stairs viii. C30— Interior Finishes ix. D10— Conveying x. D20— Plumbing xi. D30 —HVAC xii. D40 —Fire Protection xiii. D50— Electrical xiv. E10 — Equipment xv. G20 — Site Improvements xvi. G30 — Site Mechanical Utilities xvii. G40 — Site Electrical Utilities C. The Software may be used to store and manage data regarding Sub - elements at physical locations containing buildings that are owned or managed by Licensee, and whose combined gross floor area does not exceed XX million square feet. d. The Software may be installed on one or more servers at one or more locations of Licensee. C. Licensee is authorized to access the Software by means of a restricted web site that is hosted by Licensor. 3. Termination. This License Agreement may be terminated at any time by Licensor immediately and without notice upon any breach by Licensee. Upon termination, Licensee shall certify in writing that all copies of the Software have been destroyed and all copies erased from the memory of Licensee's computers. 4. Proprietary Rights. Licensee acknowledges that the Software is the sole and exclusive property of Licensor. By accepting this license, Licensee does not become the owner of the Software, but only has the right to use the Software, as outlined in and limited by this License Agreement. The Software is protected by copyright laws, international copyright treaties, and other laws regarding trade secrets and other intellectual property rights. Title and full ownership rights to the Software and any and all copies of the Software remain with Licensor. 5. Other Restrictions and Limitations. Licensee agrees that (1) it will not copy the Software except as permitted in Section 1; (2) it will not reproduce, deactivate, or bypass any security device supplied with the Software; (3) it will preserve and respect Licenser's copyright and the notice of copyright included in the Software; (4) the Software contains valuable, confidential, unpublished information and trade secrets developed or acquired by Licensor and may contain information, components or other software applications that are proprietary to a third party, which Licensor has been authorized to sublicense, and Licensee will not disclose or transfer or otherwise provide to any third party all or ox -MEf l any part of the Software without the express written consent of Licensor; (5) it will not disassemble, reverse compile or reverse engineer the Software or any portion thereof or otherwise attempt to discover the source code or structural framework of the Software; (6) it will not rent or lease the Software nor use the Software in a service bureau or time sharing environment; and (7) it will not modify the Software. 6. Disclaimer of Warranties. NO WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO LICENSEE. 7. Liability. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER LICENSEE OR A THIRD PARTY AGAINST LICENSEE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE) IN EXCESS OF THE AMOUNT PAID TO LICENSOR BY LICENSEE FOR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO LICENSEE. 8. Remedy. Licensee acknowledges that Licensor shall be entitled to seek and be granted injunctive relief or specific performance upon any breach or threatened breach of this License Agreement by Licensee, all without the necessity of posting a bond or other security or undertaking in connection therewith. Licensee agrees to pay to Licensor all costs and expenses, including reasonable attorney fees, incurred by Licensor in connection with exercise of any of its rights and remedies contained herein. 9. License by U.S. Government. Any noncommercial software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in 48 CFR 52.227 -19. Contractor/Manufacturer is MACTEC Engineering and Consulting, Inc., d/b /a Facility Lifecycle Group, 2015 Vaughn Road, Building 300, Suite 300, Kennesaw, Georgia 30144. 10. Audit. Upon forty-five (45) days notice, Licensor may audit Licensee's use of the Software during Licensee's regular business hours. If Licensee does not pay any such fees or other amounts or remedy any such misuse within the fifteen (15) day period, Licensor may terminate the License, this License Agreement and all technical support. 11. General Terms and Conditions. Any and all remedies provided for in this License Agreement shall be cumulative and additional to any other remedies in law or equity which Licensor may have. This License Agreement shall inure to the benefit of Licensor, its successors, and assigns. Licensee shall not assign its rights hereunder to any party. All rights not specifically granted herein are reserved by Licensor. Rev. 09/2006 29 of 48 IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed by their duly authorized representatives effective on the day and year fast above written. "AMEC" CLIENT AMEC Environment& Infrastructure, Inc. Signature: Signature: Title: Title: Date: Date: APPROVED AS TO FORM: CITY A O EY'S OFFICE Date: By: Aaron C. Harp I City Attorney \q ATTEST: Date: By: Leilani I. Brown City Clerk lim. O�VlINPo 30 of 48 Attachment A SOFTWARE MAINTENANCE SUPPORT AGREEMENT This Software Maintenance Support Agreement ( "Maintenance Agreement ") is between AMEC Environment & Infrastructure, Inc., a Nevada corporation, ( "AMEC ") with offices at 1075 Big Shanty Road NW, Suite 100, Kennesaw, Georgia 30144 and the City of Newport Beach, a California municipal corporation and charter city with offices 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client ") and is effective the 22nd day of October, 2013 ( "Effective Date")- In consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 1. Back round. AMEC and Client agree that the terms and conditions of this Maintenance Agreement cover software maintenance support services as set forth below to be provided by AMEC to Client. Such services shall be provided by AMEC only with respect to software for which Client has entered into a Software License Agreement (hereinafter referred to as "License Agreement ") with AMEC. Any Software Error Revisions or Software Updates shall be considered "Software" under the License Agreement and thus shall be subject to terms and conditions set forth under the License Agreement. 2. Definitions. A. "Support" means the technical support provided by AMEC or its third party representative to Client, its agents, or employees (hereinafter collectively referred to as "Client ") regarding the use and operation of applications software specifically developed by AMEC, commonly referred to as Vertex, and that is subject to a License Agreement (hereinafter referred to as the "Supported Software "), and code revisions to resolve Software Problems identified and made known to AMEC. Support shall include (i) a direct response to an inquiry from a Support Contact concerning the technical operation of the Supported Software, (ii) a direct response to an inquiry from a Support Contact concerning Software Problems in the Supported Software, (iii) a diagnosis of Software Problems in the Supported Software, and (iv) reasonable commercial efforts to resolve reported and verifiable Software Problems in the Supported Software such that the Supported Software performs the functions described in the associated documentation. B. "Support Contact' means authorized individuals(s), specified on Exhibit 1 of this Maintenance Agreement with whom AMEC communicates when providing Support. The Support Contact must be functionally knowledgeable about how the Supported Software is intended to be used. C. "Software Problem" means a defect in the Supported Software code, developed by AMEC, which (1) prohibits Client from entering, viewing, or printing data in a manner consistent with the design of the software and its associated documentation, or (2) results in a verifiable mathematical calculation error, or (3) results in the display of a program error message. D. "Software Error Revisions" mean revisions to programming code related to the Supported Software only, which are developed by AMEC and specifically excludes any software revisions or enhancements of operating systems software, or other third party software products, not specifically developed by AMEC. E. "Software Updates" mean revisions, enhancements, or new releases of software program files or user manuals designed to correct a known error or improve functionality of the Supported Software. Software and specifically excludes any software revisions or enhancements of operating systems software, or other third party software products, not specifically developed by AMEC. Software Support Services. Under the terms and conditions of this Maintenance Agreement, AMEC shall provide to Client the following Support services: A. Telephone Assistance. The Support Contact, using an authorized telephone number to be provided by AMEC, may contact a representative of AMEC's Help Desk to ask questions or seek advice relating to technical problems with the use of the Supported Software as described in the associated documentation. Support calls are answered in the order in which they are received. If a technical support representative is 1 - Rev.08 /2011 SMSA2011Std OWED] not available to accept the call immediately, the call will be returned in as timely a manner as possible. AMEC's technical support representative will use commercially reasonable efforts to assist the Support Contact in using the Supported Software, and in identifying and providing a workaround, if possible, for Software Problems found in the Supported Software. Telephone assistance shall be available Monday through Friday, from the hours of 8:00 a.m. to 5:00 p.m. Eastern Standard/Daylight Savings Time, as applicable, excluding holidays. Client may also communicate with a technical support representative by written correspondence via an electronic Help Desk Trouble Ticket Form. B. Software Error Revisions. Software Error Revisions will be made available to Client, from time to time, whenever such Software Error Revisions are produced and commercially released by AMEC to its Software Maintenance Support customers. AMEC makes no promise as to the scope, contents, or frequency of release of any Software Error Revisions. C. Software Updates. Software Updates will be made available to Client, from time to time, whenever such Software Updates are produced and commercially released by AMEC to its Software Maintenance Support customers. AMEC makes no promise as to the scope, contents, or frequency of release of any Software Updates. 4. Delivery. AMEC will use commercially reasonable efforts to schedule delivery of Software Updates in accordance with those dates as provided to Client. Shipping and delivery dates are approximate only. It is agreed that AMEC will not be liable for any loss or expense of any nature due to a failure to meet a specified delivery schedule. 5. Payment. Client agrees to pay AMEC the charges for Support and other fees set forth on Exhibit 1 which is attached hereto. Such fees shall be due and payable within thirty (30) days of the invoice date. 6. Limitations on Support Services. A. The following are not supported under this Maintenance Agreement. 1. Client's improper installation or use of the Supported Software; 2. Misuse, abuse or negligent use, repair, alteration or improper storage or any use which does not conform to the specific or general instructions of AMEC or to the provisions of the documentation for the Supported Software; 3. Any modification or attempted modification of the Supported Software by Client or any third party; 4. Client's failure or refusal to maintain the Supported Software at the "minimum release level" required by AMEC. B. AMEC reserves the right to charge for excessive telephone, shipping, handling, media or user manual expenses in connection with Support services provided hereunder. In all cases, AMEC shall notify Client of these costs in advance. 7. Availability of Support Services. A. Support shall be conducted at the offices of AMEC, at its address as set forth on this Maintenance Agreement (or such other address as AMEC may designate by notice provided herein) or at a third party location as so designated by AMEC. B. Support shall be conducted generally between the hours of 8:00 AM and 5:00 PM, Eastern Standard/Daylight Savings Time, as applicable, Monday through Friday, holidays excluded. C. Support shall be conducted on a first -come first -serve basis. D. The Support Contact shall provide his or her name, and company name when requesting Support under the terms of this Maintenance Agreement. - 2 - Rev.09 /2013 SMSA2013Std OWED] 8. Disclaimer of Warranties. THE SUPPORT AND OTHER SERVICES PROVIDED UNDER THIS MAINTENANCE AGREEMENT ARE PROVIDED "AS IS ", AND AMEC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SUPPORTED SOFTWARE, THE SUPPORT SERVICES, THE OPERATION OF THE SUPPORTED SOFTWARE, OR CLIENT'S ABILITY TO UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO CLIENT BY AMEC, NOR DOES AMEC MAKE ANY WARRANTY THAT THE SUPPORTED SOFTWARE, SOFTWARE ERROR REVISIONS, SOFTWARE UTDATES OR SUPPORT ARE ERROR FREE, AND AMEC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. 9. Limitatiou of Liability. IN NO EVENT SHALL AMEC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL, INTCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A THIRD PARTY, RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS MAINTENANCE AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR LOSS OF USE OF ANY SUPPORTED SOFTWARE OR SUPPORT SERVICES OR MATERIALS DELIVERED TO CLIENT HEREUNDER, INCLUDING WITHOUT LIMITATION ANTY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF AMEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Term and Termination. A. The term of this Maintenance Agreement shall be for one (1) year, beginning on the Effective Date, and shall automatically renew for successive one (1) year terms, provided that either party may terminate this Maintenance Agreement by providing written notice of its intent not to renew at least sixty (60) days prior to the end of any one (1) year term. B. Either party may terminate this Maintenance Agreement in the event of a default by the other parry to this Maintenance Agreement; provided however, no such termination shall occur until the non - defaulting party shall have given written notice of the default to the defaulting party and such default shall not have been cured within five (5) days in the event of a monetary breach and thirty (30) days in the event of a non - monetary breach. 11. Notices. All notices, requests, demands or other communications required or permitted to be given or made under this Maintenance Agreement shall be in writing and shall be given by express courier (such as Fed Ex) facsimile transmission, or by United States certified mail, return receipt requested, postage prepaid to the addresses set forth on the first page of this Maintenance Agreement, or such other address as changed through written notice to the other parry. Notice given by express courier shall be deemed effective upon receipt; notice given by facsimile transmission shall be deemed effective on the date of transmission with printed confirmation of successful transmission; and notice given by mail shall be deemed effective the day on which delivery is either accepted or first rejected. 12. General. A. This Maintenance Agreement, including the Exhibits attached hereto, contains the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto. Except as set forth herein, there are no representations, agreements, arrangements or understandings, written or oral, between the parties with respect to the subject matter of this Maintenance Agreement. B. Nothing in this Maintenance Agreement will in anyway be construed as creating a partnership, joint venture, agency, or employer - employee relationship between Client and AMEC. Client is not authorized to, and will not, undertake or assume any obligation of any kind, express or implied, to conduct any business on behalf of AMEC. C. The validity, interpretation and performance of this Maintenance Agreement will be construed in accordance with and governed by the laws of the State of California. -3 - Rev.09 /2013 SMSA2013Std 09ME1.1 D. If any provision, in whole or in part, of this Maintenance Agreement is held illegal or invalid by any court or administrative agency of appropriate jurisdiction, such provision or appropriate portion thereof will be deemed severable and the illegality or invalidity of such provision or portion thereof will not effect any of the remaining portions of this Maintenance Agreement. In such event, this Maintenance Agreement will be considered as if the Illegal or invalid provision or portion thereof had not been contained herein. E. The failure of either party to require the performance of any term, condition or portion of this Maintenance Agreement or the waiver by either party of any breach of this Maintenance Agreement will not prevent subsequent enforcement of such term, condition or provision, nor be deemed as a waiver of any subsequent breach. F. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Maintenance Agreement will be binding upon either of the parties only if approved in writing by its authorized representative. G. Neither party will be liable to the other in any manner for any loss or damage of any nature whatsoever incurred or suffered as a result of any failures or delays in its performance under this Maintenance Agreement due to any cause or circumstance beyond its control, including, but not limited to, any failure or delays in performance caused by strikes, lockouts, labor disputes, fires, acts of God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws, regulations, orders or policies of any governmental authority, delays in transit, delivery or performance on the part of vendors, transportation companies or communication facilities, or failures of sources of raw materials. H. Client will have the right to assign or otherwise transfer its rights or obligations under this Maintenance Agreement only with the prior written consent of AMEC. In the event of any assignment (whether by consent of AMEC or otherwise), all covenants, stipulations, and promises in this Maintenance Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 4- Rev.092013 SMSA2013Std ONE[ -] IN WITNESS WHEREOF, the parties have caused this Maintenance Agreement to be executed as set forth below. "Client" APPROVED AS TO FORM: CITY A_TTIORN Y�FICE Date: By: Aaron C. Harp 4 City Attorney I k ATTEST: Leilani I. Brown City Clerk Attachments: Exhibit t: Annual Fees i- "AMEC" AMEC Environment& Infrastructure, Inc. By: Name:(Print) David B. Goershel Title: Atlanta Area Manager Rev.092013 SMSA2013Std 4M. Elt:1 Exhibit 1 Annual Fees The annual fees for the Support provided under the Maintenance Agreement are as follows: $1,180 per year based on a license limitation of 440,765 square feet of building assets stored in Vertex and will be calculated based on 20% of the total license fee paid for the software. 6- Rev.09/2013 SMSA2013Std K.. -K, K Attachment B Software Hosting Services Agreement This Software Hosting Services Agreement ( "Hosting Agreement ") is between AMEC Environment & Infrastructure, Inc., a Nevada corporation, ( "AMEC ") with offices at 1075 Big Shanty Road NW, Suite 100, Kennesaw, Georgia 30144 and the City of Newport Beach, a California corporation and charter city with offices at 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client ") and is effective the 22 °a day of October, 2013 ( "Effective Date "). 1. Background. AMEC has granted certain rights to software and other intellectual property (the "Software ") to Client pursuant to a separate License Agreement (the "License Agreement "), and AMEC and Client have entered into a software maintenance support agreement that provides for certain support services as set forth in that agreement (the "Software Maintenance Support Agreement ") concerning the Software. Pursuant to this Hosting Agreement, AMEC and Client have agreed that AMEC, on behalf of Client, will deploy, host and maintain access to the Software by means of a restricted web site in accordance with this Agreement. Capitalized terms in this Hosting Agreement have the same meaning as in the Software Maintenance Support Agreement. 2. License Granted and Limitations. Client's license for Software shall be as set forth in the License Agreement, except as expressly provided herein. In addition to the rights granted under the License Agreement, AMEC hereby grants to Client a personal, non - exclusive, nontransferable, limited license to access the Software by means of a restricted web site that is hosted by AMEC as set forth herein. Client has only the license rights expressly granted under this Hosting Agreement and the License Agreement and whatever rights are not expressly granted in this Hosting Agreement or the License Agreement are reserved by AMEC. The Software maybe used to manage data regarding the assets for the facilities and sites owned or managed by Client as set forth in the License Agreement and not to exceed the total of gross square feet of building area set forth in the License Agreement. 3. Included Services. AMEC agrees to deploy, host and maintain the Software, and provide access to Client by means of a restricted web site, either itself or by means of AT &T's Internet Data Center in Lithia Springs, Georgia ( "Site ") or by subcontracting to such other entity as agreed upon by Client, which agreement by Client will not be unreasonably withheld. Access to the Software requires that users use Microsoft® Internet Explorer version 6.0 or later. AMEC will provide administrator rights and access to the Software to a Named User within the Client ( "Administrator "). The Administrator will manage the addition and deletion of User IDs and passwords on behalf of the Client. 3.1. Client Configuration. AMEC will complete the initial configuration of the Software at the Site. Initial configuration includes establishing Client as a valid user account, and linking various support tables, asset catalogs, price catalogs, security tables and default analysis settings to the Client account. 3.2. Security. The Software and its associated database will be hosted on one of AMEC's external domains. This is a perimeter demilitarized zone ( "DMZ ") network setup specifically for hosting applications being published to the public Internet. Strict controls are in place to ensure that vulnerabilities are minimized and monitored in this network area. AMEC's Web servers utilize digital certificates for Internet information services ( "HS ") from trusted public certificate providers to publish secure sockets layer - encrypted web transmissions. The hosting systems have been "hardened" against commonly known vulnerabilities as identified in Microsoft's security bulletins. Non - essential systems and services have been removed or disabled. 3.3. Hardware and Software. AMEC will configure the Software and related database software on behalf of Client on one or more non- dedicated servers. At a minimum, servers will include redundant power supply, Quad/1.5GHz central processing units, 4 GB RAM, and RAID 0 (mirrored) operating system, RAID 5 hard drive storage, and tape backup. 1 - SHSA Standarad_2012, Rev 9/2012 K1L. EU 3.3.1. Data Storage Capacity. AMEC will provide Client 2GB of data storage capacity as part of its baseline annual hosting fee. This capacity should readily support Client's data storage requirements for the foreseeable future. If Client requires additional data storage capacity, AMEC will increase Client's storage capacity in I GB increments for additional fees at the then current rate per year per GB of storage capacity. 3.3.2. Front End Connectivity. Front -end connectivity will be provided via a burstable, shared Internet access. Network access will be provided by a 1000 megabit per second Ethernet port to the Internet. 3.3.3. Operating System and Database Software. AMEC will provide Client with licensed use of operating system and database software necessary to support the Software. The decision and timing of upgrades and/or migration to future releases of operating system and database software programs will be at AMEC's sole discretion. Costs for the application of service packs, hot -fixes, and other operating system and database administration costs are included in the hosting service fee. 3.4. Network Support Services. The Network Support Services ( "Services ") include network monitoring, hardware backups and data archive administration on a daily basis. Response time to troubleshoot hardware issues typically will begin within one hour of Client's notification to the AMEC Helpdesk. 3.4.1. Availability. AMEC shall use commercially reasonable efforts to make the Software generally available on the web site on the hosting services as set forth herein for 24 hours a day, 7 days a week, except for (a) downtime due to scheduled or unscheduled maintenance or (b) downtime caused by circumstances beyond AMEC's control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes, computer or telecommunications failures or delays involving hardware or software not within AMEC's control, and network intrusions or denial of service attacks. Although the Software will normally be available at all times, the core business hours for this Software are 8:00am- 7:00pm (Eastern); Monday through Friday, excluding AMEC holidays ("Core Business Hours "). Availability is defined as time when a User is able to successfully log into the Software's interface and manage data. Partial losses of functionality within the Software do not necessarily constitute total loss of availability. Partial loss of availability is defined as time when a User is able to log into the Software's interface and perform limited management of data. Total loss of availability is defined as time when a User is able to navigate to at least the Software's interface, but is unable to login or perform any management of data. Losses of availability will generally be caused by a Software level problem. Repair of availability problems will be the responsibility of AMEC. In the case of loss of partial or total availability, AMEC will be responsible for performing the diagnosis of the problem and notifying Client as to the nature of the problem as soon as it is identified. Once AMEC has determined the cause of the problem and its resolution, AMEC will then implement the repair. 3.4.2. Downtime. Downtime is defined as the total time that the Software is not available to Users for reasons not attributable to problems caused by Client's computer infrastructure or communications systems. Partial and total downtime will generally be caused by a system or network level problem. Repair of downtime causes will be the responsibility of AMEC. Maintenance of the system by AMEC is considered downtime. In the case of downtime, AMEC will be responsible for diagnosing the problem. AMEC will contact Client in a timely manner to make Client aware of the situation and progress in resolving the problem. Client will be responsible for notification of its Users regarding the nature of the problem as Client sees fit. Once AMEC has diagnosed the problem and determined a solution, AMEC will implement the solution. AMEC will keep Client updated throughout the process. 2- SHSA Stmdarad 2013, Rev 9/2013 Kt:WEK 3.4.3. Issue Response. Since Software downtime cannot be completely avoided due to unforeseen operating system, hardware, and communication failures, AMEC will prioritize resources to bring the Software back on -line as quickly as possible. As a guideline, a catastrophic recovery should be completed and the Software back on -line the following business day. Minor failures of the system that caused total downtime will be attended to promptly by AMEC. AMEC will attempt to bring the Software back on -line during the same business day. 3.5. Maintenance. From time to time, AMEC will perform maintenance on the operating system, database or application code supporting the Software. Some maintenance will be automated and some will be manual. Microsoft® security patches will be installed automatically as they are released and marked as critical by Microsoft®. The database server undergoes nightly database maintenance. During that nightly maintenance, a database integrity check and minor error repair is performed. More intensive maintenance such as the application of service packs, application changes and application updates will be scheduled in advance to minimize Client downtime. Scheduled maintenance during Core Business Hours is allowed, but must be pre- approved by a representative of the Client. Should maintenance be required during Core Business Hours, AMEC will notify Client via e -mail of the need for maintenance as soon as the need is identified. No maintenance will be performed until such time that Client has responded to AMEC that such maintenance is approved. If no approval is provided by Client, maintenance will be deferred until after Core Business Hours. Client will be responsible for notification of its Users in the event of an approved request for scheduled maintenance during Core Business Hours. Unscheduled maintenance is allowed outside of Core Business Hours without Client pre - approval. AMEC will attempt to minimize the application interface downtime during unscheduled maintenance periods. AMEC will choose quality maintenance methods that will help minimize downtime. 3.6. Software Backup. The Software application code and Client data will be backed up every business day and every weekend. AMEC will handle the management of all data backups. Historical backup sets will be kept for a period of five (5) weeks. The full backup sets will be sent offsite on a weekly basis. The application server will be backed -up at the Site, as well as at one of AMEC's office locations, according to the following schedule: 3.6.1. One (1) weekend night a week a full file system and system state backup will occur. 3.6.2. Five (5) business nights a week an incremental file system and system state backup will occur (this includes the directories that contain the application code and the registry). The back -end database server will be backed -up at the Site, as well as at one of AMEC's office locations, according the following schedule: 3.6.3. Each business night a SQL maintenance plan performs an online backup of each of the SQL databases on the server. These backup files are created on the server's hard disk. 3.6.4. One (1) weekend night a week a full file system and system state backup will occur (this includes the SQL backup files). 3.6.5. Five (5) business nights a week an incremental file system and system state backup will occur (this includes the SQL backup files). To recover from a loss of data, AMEC will rebuild the system(s) involved in the failure by following written protocols to set up the application Software exactly as it was before the failure. AMEC will then recover the latest available SQL backup data files and test the application data's integrity through the application. 3 - SHSA Standamd_2013, Rev 9/2013 OEM.] 3.7. Disaster Recovery. In the event that the Site is rendered inoperable, AMEC will take the following steps to restore the Software: 3.7.1. A copy of the Client's data that has been backed up on hardware at AMEC's office will be transferred from the AMEC's backup servers to DVDs. 3.7.2. The latest copy of the application and its installation files, together with the DVD's storing Client's backed up data files, will be delivered to a location designated by the Client for installation by the Client on Client servers. AMEC will provide assistance to Client to support Client's installation of the application and data files. 3.7.3. The application will reside on the Client's servers until such time that the Site is restored to a condition equal to its condition prior to the event that rendered it inoperable, or an alternative data center site is identified by the AMEC and made available for use by the Client. 3.7.4. AMEC will provide the Client with specifications for the Client servers necessary to support the operation of the Software during the interim period required to restore the Site, or make available an alternative data center for use by the Client. 4. Client's Data. As between AMEC and Client, Client shall own all Client data. Client hereby grants AMEC an irrevocable, non- transferable, royalty free, worldwide license to all current and future Client data-, provided, however, that AMEC shall not have the right to share any of such Client data with third parties and AMEC shall not collect or use such Client data except as necessary to perform its obligations under this Hosting Agreement or for any other purpose other than for its own internal purposes. Client shall have all responsibility for all content provided by Client, and Client agrees to defend, hold harmless and indemnify AMEC and its parent, subsidiaries and affiliates, including their respective officers, directors and employees, from and against all claims, settlements, costs, expenses, liabilities and damages, including reasonable attorneys' fees, (collectively, "liabilities "), to the extent arising out Client's data, except to the extent that the liabilities are determined to have been caused by AMEC. 5. Third Party Software and the Hosting Services. Client is strictly prohibited from installing any third party software on the hosting services servers without the express written consent of AMEC. 6. Payments. All amounts due hereunder shall be due and payable within thirty (30) days of the date of the invoice. All amounts are due in U.S. Dollars. 7. Hosting Fees. During the first year from the Effective Date, the Client shall pay AMEC, for the services provided and rights granted by this Hosting Agreement, a fee as set forth in a valid AMEC proposal opt quote for AMEC's hosting, operating and maintaining the web services. AMEC may raise the annual fee for each succeeding year, provide that AMEC notifies Client of such increase at least forty (45) days prior to the end of each one (1) year term. S. Warranty Disclaimer. THE SERVICES PROVIDED UNDER THIS HOSTNG AGREEMENT ARE PROVIDED "AS IS" AND AMEC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE, THE SERVICES, INCLUDING THE HOSTING SERVICES, THE OPERATION OF THE SOFTWARE, OR CLIENT'S ABILITY TO UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO CLIENT BY AMEC, NOR DOES AMEC MAKE ANY WARRANTY THAT THE SOFTWARE, SOFTWARE ERROR REVISIONS, SOFTWARE ENI- IANCEMENTS OR SUPPORT ARE ERROR FREE, AND AMEC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN-Y PARTICULAR PURPOSE. 9. Limitation of Liabilitv. IN NO EVENT SHALL AMEC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR - 4 - SHSA Standarad_2013, Rev 9/2013 31115[1:] CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A THIRD PARTY, RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS HOSTING AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR LOSS OF ANY SOFTWARE OR SUPPORT SERVICES OR MATERIALS DELIVERED TO CLIENT HEREUNDER, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF AMEC HAS BEEN ADVISED OF THE POSSIBI1,ITY OF SUCH DAMAGES. 10. Term and Termination. 10.1. The term of this Hosting Agreement shall be for one (1) year beginning on the Effective Date and shall automatically renew for successive one (1) year terms provided that either party may terminate this Agreement by providing written notice of its intent not to renew at least thirty (30) days prior to the end of each one (1) year term. 10.2. Either party may terminate this Agreement in the event of a default by the other party to this Hosting Agreement; provided however, no such termination shall occur until the non - defaulting party shall have given written notice of the default to the defaulting party and such default shall not have been cured within five (5) days in the event of a monetary breach and thirty (30) days in the event of a non - monetary breach. 10.3. In the event this Hosting Agreement is terminated or not renewed, upon written request of Client, AMEC will export Client's data into the then current database file format used to store Client's data and provide such data on media mutually agreeable to both. parties. All out of pocket cost incurred in the exporting or providing such data will be borne by Client. 11. Notices. All notices, requests, demands or other communications required or permitted to be given or made under this Hosting Agreement shall be in writing and shall be given by personal service, express courier (such as Fed Ex), telecopy, or by United States certified mail, return receipt requested, postage prepaid to the addresses set forth on the first page of this Hosting Agreement, or such other address as changed through written notice to the other party. Notice given by personal service shall be deemed effective on the date it is delivered, notice sent by express courier shall be deemed effective one business day after dispatch, notice given by telecopy shall be deemed effective on the date of transmission with confirmation, and notice given by mail shall be deemed effective on the third business day following its placement in the mail. 12. General. 12.1. This Hosting Agreement contains the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any prior written or oral agreements between them with respect thereto. Except as set forth herein, there are no representations, agreements, arrangements or understandings, written or oral, between the parties with respect to the subject matter of this Hosting Agreement. 1.2.2. Nothing in this Hosting Agreement will in any way be construed as creating a partnership, joint venture, agency, or employer - employee relationship between Client and AMEC. Client is not authorized to, and will not, undertake or assume any obligation of any kind, express or implied, to conduct any business on behalf of AMEC. 12.3. The validity, interpretation and performance of this Hosting Agreement will be construed in accordance with and governed by the laws of the State of California. 12.4. If any provision, in whole or in part, of this Hosting Agreement is held illegal or invalid by any court or administrative agency of appropriate jurisdiction, such provision or appropriate portion thereof will be deemed severable and the illegality or invalidity of such provision or portion thereof will not affect any of the remaining portions of this Hosting Agreement. In such event, this Hosting Agreement will be considered as if the illegal or invalid provision or portion thereof had not been contained herein. 12.5. The failure of either party to require the performance of any term, condition or portion of this Hosting - 5 - SHSA Standarad 2013. Rev 9/2013 AME1.1 Agreement* or the waiver by either party of any breach of this Agreement will not prevent subsequent enforcement of such term; condition or provision; nor be deemed as a waiver orany subsequent breach. 12.6. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Hosting Agreement will bc� binding -upon either of die, parties only il'approved in writing by its authorized representative. 12.7. Neither party will be liable to the other in any manner for any loss or damage:of any nature whatsoever incurred or suffered as a result of any failures or delays in its performance under this hosting Agreement due to any cause or circumstance beyond its control, including, but not limited to, any failure or delays in performance caused by strikes; lockouts, labor disputes, Gres, acts of God or the public enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws, regulations; orders or policies of any govermental authority, delays in transit, delivery or performance on the part of vendors. transportation companies or communication facilities, or failures of sources of raw materials. 12.3. Client will have the right to assign or otherwise transfer its rights or obligations under this Hosting Agreement only with the prior written consent of AMEC. fn the event of any assignment (whether by content of AMEC or otherwise), all covenants, stipulations, and promises in this Hosting. Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS. WHEREOF, the parties have caused this Hosting. Agreement to be executed as set forth below. "Client" Name: (Print) Title: Date: APPROVED AS TO FORM: CITY,.&T070",EX'S OFFICE City Attorney ATTEST: Leilani 1. E City Clerk 'YUMEC" AMEC Environment and Infrastructure. the M Name:(Prinl) DavidR- Goershel Title: Atlanta Area Manager Date: G- SI-ISAStantlanld 2013, Rev 912013. §9ME1.1 EXHIBIT B SCHEDULE OF BILLING RATES AMEC Environment and Infrastructure, Inc. Page B -1 :19100:3 EXHIBIT B - SCHEDULE OF BILLING RATES Project' Facilities Management and Master Plan Services RFP 13-36 Capital Improvement Plan 1 Consultant: AMEC Environment & Infrastructure, Inc. $250.00 4 $185.00 Actual Loaded Labor Date 0 Hours (1) Rate` /Hr Amount Total Due Task 1. All Tasks identified in Scope of Work - RFP Inspection of City Building Facilities $150.00 tad Job Classification: Project Principal 2 $250.00 $500.00 $150.00 Job Classification: Project Manager 48 $185.00 $8,880.00 24 Job Classification: Project Controls Manager 1 $150.00 $150.00 $300.00 Job Classification: Project Safety Manager 1 $135.00 $135.00 $90.00 Job Classification: Project QA/QC Manager 1 $135.00 $135.00 46 Job Classification: Field Assessor Mechanical /HVAC 120 $150.00 $18.000.00 Job Classification: Field Assessor Electrical 40 $150.00 $6,000.00 Job Classification: Field Assessor Paving 8 $150.00 $1,200.00 Job Classification: Field Assessor Fire Life Safety 8 $150.00 $1,200.00 Job Classification: Field Assessor Architectural 200 $150.00 $30,000.00 Job Classification: Field Assessor Roofing 24 $150.00 $3,600.00 Job Classification: Maintenance Program Developer 0 $150.00 $0.00 Job Classification: Project Accountant 1 $80.00 $80.00 Job Classification: Project Report Writer 4 $90.00 $360.00 Job Classification: Project Accountant 1 $80.00 $80.00 459 $70,320.00 Task 2. All Tasks Identified in Scope of Work- RFP Facility Management Systems tad Job Classification: Project Principal 1 $250.00 $250.00 Job Classification: Project Manager 4 $185.00 $740.00 Job Classification: Project Controls Manager 0 $150.00 $0.00 Job Classification: Project Safety Manager 0 $135.00 $0.00 Job Classification: Project QA/QC Manager 0 $135.00 $0.00 Job Classification: Field Assessor MechanicaVHVAC 32 $150.00 $4,800.00 Job Classification: Fluld Assessor Electrical 8 $150.00 $1,200.00 Job Classification: Field Assessor Paving 0 $150.00 $0.00 Job Classification: Field Assessor Fire Life Safety 0 $150.00 $0.00 Job Classifi cation: Field Assessor Architectural 0 $150.00 $0.00 Job Classification: Field Assessor Roofing 0 $150.00 $0.00 Job Classification: Project Accountant 0 $80.00 $0.00 Job Classifcation: Project Report Witter 2 $90.00 $180.00 Job Classification: Administrative Staff 1 $88.00 $80.00 48 $7,250.00 Task 3. All Tasks identified in Scope of Work - RFP Building Facilities Master Plan Ibll Job Classification: Project Principal 1 $250.00 $250.00 Job Classification: Project Manager 2 $185.00 $370.00 Job Classification: Project Controls Manager 0 $150.00 $0.00 Job Classification: Project Safety Manager 0 $135.00 $0.00 - Job Classification: Project QA1QC Manager 1 $135.00 $135.00 Job Classification: Field Assessor Mechanical /HVAC 16 $150.00 $2,400.00 Job Classification: Field Assessor Electrical 0 $150.00 $0.00 Job Classification: Field Assessor Paving 0 $150.OD $0.00 Job Classification: Field Assessor Fire Life Safety 0 $150.00 $0.00 Job Classification: Field Assessor Architectural 30 $150.00 $4,500.00 Job Classification: Field Assessor Roofing 0 $150.00 $0.00 Jab Classification: Maintenance Program Developer 0 $150.00 $0.00 Jab Classification: Project Accountant 0 $80.00 $0.00 Job Classification: Report Writer 2 $90.00 $180.00 Job Classification: Administrative Staff 2 $8(100 $160.00 54 $7,995.00 Task 4. All Tasks identified in Scope of Work - RFP Jab Classification: Project Principal Job Classification: Project Manager Job Classification: Project Controls Manager Job Classification: Project Safety Manager Job Classification: Project QA/QC Manager Job Classification: Field Assessor Mechanical /HVAC Job Classification : Field Assessor Electrical Job Classification: Field Assessor Paving Job Classification: Field Assessor Fire Life Safety Job Classification: Field Assessor Architectural Job Classification: Field Assessor Roofing Job Classification: Project Accountant Job Classification: Report Witter Job Classification: Administrative Staff Task 5. All Tasks identified in Scope of Work Job Classification: Project Principal Job Classification: Project Manager Job Classification: Project Controls Manager Job Classification: Project Safety Manager Job Classification: Project QAlQC Senior Principal Job Classifcation Field Assessor Mechanical /HVAC Job Classification: Field Assessor Electrical Job Classification: Field Assessor Paving Job Classification: Field Assessor Fire Life Safety Job Classification : Field Assessor Architectural Job Classification: Field Assessor Roofing Job Classification: Maintenance Program Developer Job Classification: Project Accountant Job Classification: Report Writer Job Classification: Administrative Staff Building Facilities Capital Improvement Plan 1 $250.00 $250.00 4 $185.00 $740.00 0 $150.00 $0.00 0 $135.00 $0.00 1 $135.00 $135.00 8 $150.00 $1,200.00 1 $150.00 $150.00 1 $150.00 $150.00 1 $150.00 $150.00 24 $150.00 $3,600.00 2 $150.00 $300.00 0 $80.00 $0.00 2 $90.00 $180.00 1 $80.00 $80.00 46 RFP Coordination with MOD's Facilities Maintenance Program 1 $250.00 $250.00 24 7 1 76 4 2 2 16 2 120 2 1 192 $185.00 $150.00 $135.00 $135.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $150.00 $80.00 $90.00 $80.00 $4,440.00 $0.00 $135.00 $135.00 $2400.00 $600.00 $300.00 $300.00 $2,400.00 $300.00 $18,000.00 $0.00 $180.00 $80.00 $6,935.00 $29.520.00 Prime Consultant Total Hours 799 Prime Consultant Total Cost $122,020.00 Prime Consultant Other Direct Cost $11,460.00 PRIME CONSULTANT TOTAL COST $133,480.00 Subconsultant Total Hours 0 Subconsultant Total Cost $0.00 Subconsultant Other Direct Cost $0.00 SUBCONSULTANT TOTAL COST $0.00 TOTAL PROJECT COST: $133,480.00 Includes Labor Overhear. Fringe Benefit and General Administrative E penes (% of Total Direct Labor Cost) Loaded Hourly Rate Calculation: $ Actual Hourly Rate X (1 +Combined of Overhead &Fringe %) X (1 +Fee %) tall Brandt Sauer Wiegand Kecman Kecman Ramirez Madden Secre d/Most Harman Smyth Maenza Brandt Sauer \Niegand Kecman Kecman Ramirez Madden SecresVMost Harman Smyth Maerrza Brandt Sauer Wiegand Kecman Kecman Ramirez Madden SecresVMost Harman Smyth Maenza Brandt Sauer Wiegand Kecman Kecman Ramirez Madden SecresVMost Hannan Smyth Maenza tad Brandt Sauer Wiegand Kecman Kecman Ramirez Madden SecresVMost I terman Smyth Marron 135000 MIME11.1 $81,300.00 Total Task Other Direct Cost Other Direct Cost Fee Item l a: Travel Airline 0 RT $ 1 200 00 $0.00 - Item 1b: Travel Hotel 0 nights $ 250.00 /night $0.00 Item 1 c: Rental Car plus Fuel 15 days $80.000 $1,200.00 Item 1c: Rental Car plus Fuel 1 rental car 15 days $0.00 Item 2. Reproduction $ 100.00 DRAFT $100.00 FINAL $200.00 Item 3. Supplies/Field Equipmenl/IT Equipment 0 $500.00 /tablet $0.00 Item 4. Field Equipment 0 wheels $100.00 Mheel -tape $0.00 Item 5. IT Software VERTEX Initial Admin. Fee $5,900.00 $5,900.00 Item 6. IT Software VERTEX Annual Maintenance Fee $1,180.00 $1,180.00 Item 7. IT Software AMEC Annual Web Hosting $2,500.00 $2,500.00 Item 8. Item 6. $0.00 $0.00 $10,980.00 $81,300.00 $7,490.00 Total Task Other Direct Cost Other Direct Cost Fee Item la: Travel Airfare 0 RT $ 1,200.00 $0.00 Item lb: Travel Hotel 0 nights $ 250.00 /night $0.00 Item 1c: Rental Car plus Fuel $ 250.00 /night 3 days $80.000 $240.00 Item 1c: Rental Car plus Fuel 1 rental car 15 days $0.00 Item 2. Reproduction $ - DRAFT $0.00 FINAL $0.00 Item 3. Supplies/Field EquipmenVlT Equipment 0 $500.00 pablet $0.00 Item 4. Field Equipment 0 wheels $100.00 Mheel -tape $0.00 Item 5. IT Software VERTEX Admin. Fee $500.00 pablet $0.00 $0.00 Item 6. 0 wheels $100.00 Mheel-tape $0.00 Item 7. Item 5. IT Software VERTEX Admin. Fee $0.00 Item 8. Item 6. $0.00 $0.00 $240.00 $7,490.00 $7,995.00 Total Task Other Direct Cost Other Direct Cost Fee Item la: Travel Airfare 0 RT $ 1,200.00 $0.00 Item l b: Travel Hotel 0 nights $ 250.00 Inight $0.00 Item Ic: Rental Car plus Fuel $ 250.00 /night days $80.000 $0.00 Item 1c: Rental Car plus Fuel 1 real car 15 days $0.00 Item 2. Reproduction $ - DRAFT $0.00 FINAL $0.00 Item 3. Supplies/Fled EquipmenVlT Equipment 0 $500.00 /tablet $0.00 Item 4. Field Equipment 0 wheels $100.00 Mheel -tape $0.00 Item 5. R Software VERTEX Admin. End $500.00 pablet $0.00 $0.00 Item 6. 0 wheels $100.00 Mheel-tape $0.00 Item 7. Item 5. IT Software VERTEX Admin. Fee $0.00 Item a. Item 6. $0.00 $0.00 $0.00 $7,995.00 $29,760.00 :11n[f -I Total Task Other Direct Cost Fee Item 1a: Travel Airfare 0 RT $ 1,200.00 $0.00 Item lb: Travel Hotel 0 nights $ 250.00 /night $0.00 Item 1c: Rental Car plus Fuel 0 days $80.000 $0.00 1 radial car 15 days Item 2. Reproduction $ - DRAFT $0.00 FINAL $0.00 Item 3. Supplies/Field EquipmenVlT Equipment 0 $500.00 pablet $0.00 Item 4. Field Equipment 0 wheels $100.00 Mheel-tape $0.00 Item 5. IT Software VERTEX Admin. Fee $0.00 $0D0 Item 6. $0.00 Item 7. $0.00 Item 8. $0.00 $0.00 $6,935.00 Total Task Other Direct Cost Fee Item 1 a: Travel Airfare 0 RT $ 1,200.00 $0.00 Item 1b: Travel Hotel 0 nights $ 250.00 /night $0.00 Item 1c: Rental Car plus Fuel 3 days $80.000 $240.00 1 radial car 15 days Item 2. Reproduction $ - DRAFT $0.00 FINAL $0.00 Item 3. Supplies/Field EquipmenVlT Equipment 0 $500.00 pablet $0.00 Item 4. Field Equipment 0 wheels $100.00 Mheel -tape $0.00 Item S. IT Software VERTEX Admin. Fee $0.00 $0.00 Item 6. $0.00 Item 7. $0.00 Item 8. $0.00 $240.00 $29,760.00 :11n[f -I EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. 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. B. 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, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, 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. C. 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 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 AMEC Environment and Infrastructure, Inc. Page C -1 :DME1f:3 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, 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. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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 AMEC Environment and Infrastructure, Inc. Page C -2 HAME1f:3 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. 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. F. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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. AMEC Environment and Infrastructure, Inc. Page C -3 MIME1f:3