HomeMy WebLinkAbout06 - Sewer Pump Station Master Plan ImprovementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
October 14, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran
949 - 644 -3315 or atran @city.newport- beach.ca.us
SUBJECT: Sewer Pump Station Master Plan Improvements - Approval of
Professional Services Agreement with Stantec Consulting, Inc.
RECOMMENDATIONS:
Approve a Professional Services Agreement with Stantec Consulting, Inc., of Irvine,
California, for the Sewer Pump Station Master Plan Improvements project at a not to
exceed price of $301,421.00 and authorize the Mayor and City Clerk to execute the
Agreement.
DISCUSSION:
According to the Sewer Master Plan and the recently completed sewer pump station
feasibility study, the following five sewer pump stations need to be rehabilitated to
improve operation reliability and reduce maintenance:
1. Diamond Avenue Pump Station (constructed in 1948)
2. Back Bay Pump Station (constructed in 1969)
3. Bren Tract Pump Station (constructed in 1968)
4, Polaris Pump Station (constructed in 1962)
5. Harbor Ridge Pump Station (constructed in 1978)
As shown above, these pump stations are relatively old. Consequently, most of the
electrical controls and instrumentation are outdated and need to be replaced. Back -up
generators will also be placed at the Back Bay, Bren Tract and Harbor Ridge pump
stations to improve reliability and insure continual operation in the event of a power
failure. The addition of back -up generators will also help prevent sewage spills. The
estimated construction cost for the project is approximately $2,000,000.
Staff considered several engineering firms to provide professional engineering services
for this project. Three Statement of Qualifications were received from the following
firms: (1) Civiltec Engineering, Inc. (2) Metcalf & Eddy, and (3) Stantec Consulting, Inc.
One proposal was received from Stantec Consulting, Inc.
Sewer Pump Station Master Plan Improvements - Professional Stantec Consultng
October 14, 2008
Page 2
Stantec Consulting, Inc. was chosen based upon firm qualifications, project
understanding, successful past experience with similar projects such as the Buck Gully
Pump Station Rehabilitation project, and aggressive project schedule. The proposed not
to exceed professional engineering services fee is $301,421.00. The scope of
professional services will include:
• Analysis and review of the five pump stations
• Research and data collection
• Topographic survey
• Geotechnical investigation
• Preparation of construction plans, specifications and estimates
• Preparation of traffic control plans
• Construction support services
Environmental Review:
Engineering design services are not projects as defined by the California Environmental
Quality Act (CEQA) Implementing Guidelines. However, at the time of project award, it
is likely that the project will be determined exempt from the CEQA pursuant to section
15301 of the CEQA Implementation Guidelines. This exemption covers the repair,
maintenance and minor alteration of existing public facilities with negligible expansion.
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description
Wastewater Enterprise
Prepared by:
Andy Trai , .E.
Senior Civil Engineer
Account Number Amount
7532- C5600100 $ $301,421.00
Total $ $301,421.00
Submitted by:
Attachment: Project Location Map
Professional Services Agreement
PROFESSIONAL SERVICES AGREEMENT WITH
STANTEC CONSULTING CALIFORNIA, INC.
FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS
THIS AGREEMENT is made and entered into as of this day of
200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and STANTEC CONSULTING CALIFORNIA, INC. a California Corporation
whose address is 19 Technology Drive, Irvine, California, 92618 ( "Consultant'), and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to rehabilitate five sewer pump stations per the Sewer Master
Plan recommendations.
C. City desires to engage Consultant to prepare construction documents for the
rehabilitation of five sewer pump stations ('Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Robert F.
Seeman, Senior Project Manager.
F. 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 above written date, and shall
terminate on the 31st day of December, 2010, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essenc:a in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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 Three Hundred and One Thousand Four Hundred and Twenty -One
Dollars and no /100 ($301,421.00) 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.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
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 BOB SEEMAN 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.
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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. ANDY
TRAN shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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 community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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.
8.3 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, or 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
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
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expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
the negligence, recklessness, or willful misconduct of the Consultant or 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.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified
Parties. Nothing in this indemnity shall be construed as authorizing any award of
attorney's fees in any action on or to enforce the terms of this Agreement. This
indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by the Consultant.
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. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance 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.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Si nature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
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ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
V. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
V. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
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v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. Consultant shall be fully responsible to
City for all acts and omissions of the subconsultants. Nothing in this Agreement
shall create any contractual relationship between City and subconsultants 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 subconsultants other than as otherwise required by
law. The City is an intended beneficiary of any work performed by the
subconsultants for purposes of establishing a duty of care between the
subconsultants and the City. Except as specifically authorized herein, the
services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of
City.
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17. OWNERSHIP OF DOCUMENTS
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.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and electronic copies in ACAD and Adobe PDF format of all final
sheets within ninety (90) days after finalization of the Project. For more detailed
requirements, a copy of the City of Newport Beach Standard Design
Requirements is available from the City's Public Works Department.
18. COMPUTER DELIVERABLES
CAD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CAD
data; (b) the decline of accuracy or readability of CAD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CAD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CAD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CAD data. All original drawings shall be submitted to City in the version of
AutoCAD used by CITY in ".dwg" and ".pdf' file format on a CD, and should
comply with the City's digital submission requirements for Improvement Plans.
The City will provide AutoCAD file of City Title Sheets. All written documents
shall be transmitted to City in the City's latest adopted version of Microsoft Word
and Excel.
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. 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 his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
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24. 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 paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Andy Tran, Senior Civil Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3315
Fax: 949 - 644 -3308
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attn: Robert F. Seeman, Senior Project Manager
Stantec Consulting Inc.
19 Technology Drive
Irvine, CA 92618
Phone: 949- 923 -6000
Fax: 949 - 923 -6121
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. 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.
30. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk .
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT:
Title:
Print N
By:_
Title:
(Corporate Officer)
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f: fusers \pbw\shared\agreements \fy 08- 09 \stantec - wastewater ps final design \stantec - wastewater p3 final design.doc
14
EXHIBIT "A"
Proposal to Provide Wastewater Pump Station Rehabilitation Design
Services for the City of Newport Beach
Stantec
SCOPE OF WORK
In general the scope of work required by each of the five pump stations will be as follows:
A. Analysis and Review
Stantec will attend a kick -off meeting with City staff to discuss improvements and gain a
better understanding of the City's philosophy regarding the operation of the proposed
project.
2. Stantec will prepare a project design memorandum outlining the major design issues
pertinent to the rehabilitation / reconstruction of the five pump stations as agreed upon by
Stantec and City.
B. Research and Data Collection
Stantec shall gather and review all available information and materials pertaining to the
rehabilitation of the five pump stations, including but not limited to:
• Geotechnical investigation reports
• Existing construction plans and specifications
• The recently completed preliminary design report
• Other pertinent information that will expedite the completion of this project.
C. Surveying Services
The City will provide Stantec with 2' contour topography and aerial photos for each of the
proposed sites. Stantec shall perform any additional survey work necessary for completion of the
project. The Basis of Bearings and Benchmark will be consistent with Orange County Survey
Horizontal Controls and the North American Vertical Datum 1988, respectively.
Stantec had included additional survey time in the proposed budget to ascertain whether there is
absent project site topography, specific spot elevations/locations pertinent to the project
improvements and to provide any extra horizontal or vertical control points. The additional survey
hours were allotted to the Back Bay Pump Station, Bren Tract Pump Station and Polaris Pump
Station improvements. The additional survey time anticipated is shown for each of these three
stations.
D. Geotechnical Investigation
Stantec's geotechnical subconsultant, Converse Consultants, will perform any necessary
geotechnical exploration for the completion of this project. Their scope of work is centered
around the Back Bay, Bren Tract, and Polaris Pump Stations and will include:
• Site reconnaissance to existing condition
• Review of existing geotechnical report (provided by the City)
• Prepare a letter report summarizing our findings and provide as- needed design and
construction recommendations
12
EXHIBIT "A"
Proposal to Provide Wastewater Pump Sfofion Rehabilitolion Design -- -
Services for the City of Newport Beach '
Stantec
The scope of work developed for the Bren Tract and Polaris Pump Stations will include the
following tasks:
Task 1: Proiect Set -up
As part of the project set -up, staff personnel from our geotechnical subconsultant's office will
conduct the following:
• Coordinate site access
• Field reconnaissance to map the surface condition
• Stake /mark the boring locations in the field such that drill rig access to all the locations is
available
• Notify Underground Service Alert (USA) at least 48 -hours prior to drilling to clear the boring
location of any conflict with existing underground utilities. In addition, Converse will
coordinate with the City to clear the boring locations.
Task il: Subsurface Exploration
A program of subsurface investigation will be conducted to determine soil profiles at the site,
depth to groundwater (if encountered), and to obtain samples for laboratory testing.
For Bren Tract Pump Station, two borings will be drilled and at Polaris Pump Station, one boring
will be drilled with a truck - mounted rig equipped with 8 -inch diameter hollow -stem augers for soil
sampling.
Task ill: Laboratory Testing
Laboratory testing will include but not be limited to:
• Moisture and density of in -situ soils samples
• Expansion Index
• pH, chloride, sulfate and minimum electrical resistivity
• Sieve analysis
• Modified Proctor
• Direct Shear and
• Consolidation or collapse
Task IV: Engineering Analyses and Report
Data obtained from the exploratory borings and the laboratory - testing program will be evaluated.
Engineering analyses will be performed to develop design and construction recommendations
that will be presented in a geotechnical investigation report.
E. Meetings and Coordination
Stantec will meet periodically with City staff during the design process to review and discuss
progress and coordinate courses of action. We will also make recommendations on site layouts,
13
EXHIBIT "A"
Proposal to Provide Wastewater Pump Station Rehabilitation Design
Services for the City of Newport Beach
Stantec
piping configurations, pump types and sizes (Bren Tract only), electrical, and mechanical
equipment, etc. It is anticipated that a maximum of five (5) design meetings will be required. This
does not include the initial project kick -off meeting, project submittal /review meetings, the pre -bid
meeting, or the pre- construction meeting. In total, Stantec estimates that 12 meetings will be
conducted during the progress of the project.
F. Construction Documents
Stantec will prepare complete detailed construction plans, specifications, details, sections,
and cost estimates for the rehabilitation of the five pump stations. The plans will include, but
not limited to, demolition, site work, piping, pumps, electrical controls, and any work
necessary for the construction of these stations. All plans and details will be drawn at an
appropriate scale that will produce clear, accurate, and easy to read drawings. Construction
plans will be complete and fully detailed as required by City staff and field personnel. All
specifications and construction plans will be subject to final review and acceptance by the
City.
2. Stantec shall prepare the necessary drawings in AutoCAD 2007 and will comply with current
City CAD standards. Once design has been completed, original mylars of the approved
drawings and electronic files in AutoCAD 2007 and Adobe (PDF) format will be submitted to
the City together with all other bid documents. Project technical specifications and special
provisions will be prepared in accordance with the requirements of the City's design criteria.
Stantec will provide an electronic copy, in Microsoft Word, of the contract bid documents.
3. The Back Bay Pump Station will be packaged separately from the other four pump stations.
As discussed on the first page of the RFP, a coastal development permit will be required for
this site, which may be a lengthy process. In such a situation, separating this station will
allow the City to proceed on schedule with the other four pump stations. Stantec will produce
a construction package that will allow the City to remove the respective Back Bay plans and
specifications for bidding at a later date.
G. Construction Plans and Specification Review
1. The City will require a number of submittals prior to approval and signature of the plans and
specifications. Stantec's proposal fee includes all meetings and submittals necessary for
review and coordination of the project. The following list identifies key submittals and
required design information for each:
a. 50 Percent Desiqn Submittal: Stantec shall submit preliminary title sheet, second sheet
(including vicinity map, location map, general notes and construction notes), preliminary
civil, structural, mechanical, electrical and detail sheets as well as a preliminary cost
estimate for each of the five pump stations. Stantec will submit four (4) copies of the 50
percent design package for City review and comment.
b. 80 Percent Design Submittal: Stantec shall submit complete plans, a refined cost
estimate, and preliminary special provisions, as well as addressing the 50 percent design
review comments. Stantec will submit four (4) copies of the 80 percent design package
for City review and comment.
C . 95 Percent Design Submittal: Stantec shall, as a minimum, submit the final plans
reflecting 80 percent design review corrections, a complete and detailed cost estimate on
the contractor's bid proposal form (with detail cost estimate backup), complete special
provisions, contract documents, and any appendices necessary for final approval.
14
EXHIBIT "A"
Proposal to Provide Wastewater Pump Stafion Rehabilitation Design
Services for the City of Newport Beoch
0
... Stantec
Stantec will submit four (4) copies of the 95 percent design package for City review and
comment.
d. Final Submittal: Stantec shall submit final plans reflecting 95 percent design review
corrections, complete (and bound) special provisions, contract documents, and any
appendices for final approval and plan signature by the City staff. Stantec will submit one
(1) copy of the final design package for City review and approval. Upon approval,
Stantec shall submit Mylar originals with the Project Manager's stamp and signature
together with original reproducible masters of the specifications to the City for bidding
purposes.
2. The City has indicated that it will advertise rehabilitation project for construction in the Spring
of 2009. To meet this schedule, Stantec will develop a detailed project schedule that reflects
the following milestones, as presented in the RFP, to meet the project design schedule:
• Notice to Proceed -
August 28, 2008
• 50 Percent Design Submittal -
November 4, 2008
• 80 Percent Design Submittal -
January 15, 2009
• 95 Percent Design Submittal -
March 19, 2009
• Final Submittal
April 22, 2009
The City anticipates that it will require a period of two (2) weeks of plan review for each
submittal.
3. Stantec will address all plan review comments received from the City after each of the formal
submittals and any informal coordination throughout the plan preparation process. The City
will require review meetings at each of the submittals described above, at a minimum.
H. Construction Support Services
1. Stantec will attend the pre -bid and pre- construction meetings and will be available during the
bidding process to respond to questions from prospective bidders, and to resolve any
discrepancies.
2. Stantec will log, monitor and review shop drawing submittals related to the design of this
project on a not -to- exceed fee based on time and materials. Our fee is based upon the
following estimated quantity of shop drawing submittals for each station.
a. Diamond Avenue Pump Station: 8 shop drawings
b. Back Bay Pump Station: 8 shop drawings
c. Bren Tract Pump Station: 30 shop drawings
d. Polaris Pump Station: 8 shop drawings
e. Harbor Ridge Pump Station: 8 shop drawings
3. Stantec will prepare final conformation construction drawings and specifications,
incorporating any revisions of the plans and project specifications, and any bid addendum
comments prepared during the bidding process.
4. Stantec will provide guidance and recommendations to the City with respect to the
Contractor's general conformance to plans and specifications. It is understood that Stantec
M
EXHIBIT "A"
Proposal to Provide Wastewater Pump Station Rehabilitation Design
Services for the City of Newport Beach 0
Stantec
will not be responsible for project construction inspection, but will instead be expected to
provide some field visits, and where appropriate, make field recommendations. For purposes
of the budget, Stantec has assumed that 2 field visits will be conducted for each pump station
site during construction.
5. Stantec will prepare record drawings once project construction has been completed to reflect
as -built conditions, based on Contractor furnished "Redline" construction plans. Record
drawings will be provided in AutoCAD 2007 and Adobe (PDF) formats and will comply with
City CAD standards.
Optional Services
The following is a listing of tasks or services, not part of the RFP scope, that were discussed with the City
during our field trip that Stantec can provide during the design phase of the project, if requested or
required by the City. Should the City decide to add any of the below tasks, Stantec has prepared a
budget for each optional task, as shown on the secondary fees sheet contained in the sealed envelope.
Work will not commence until the City approves the additional budget and authorized the work to be
performed.
The optional tasks or services are as follows:
1. Per our field meeting with the City, traffic control plans will be required for the Bren Tract
Pump Station. Our scope of services is as follows:
• Define the Traffic Control necessary for the project.
• Retrieve necessary base plans, i.e., striping plan, signal plan; construction plans from
various sources.
• Field review to determine existing street system, driveways that may be affected, and
existing traffic conditions.
• Develop traffic control strategies and coordinate with the City to select the most cost
effective plan.
• Finalized traffic control plan, consistent with City's standards including signing, legends,
and other construction detour standards.
• Submit traffic control plan for City's approval
• This scope assumes that traffic to be restored during non - working hours and all open
excavation on public streets to be back - filled or steel - plated when off -site. Furthermore, no
temporary signal /striping design is anticipated.
2. Provide landscaping and temporary irrigation plans for the Bren Tract and Back Bay Pump
Station sites.
3. It is anticipated that additional support services in the form of exhibits, letters or memoranda,
and other assistance that may be required by the City in support of acquiring a Coastal
Development permit for the Back Bay Pump Station improvements.
Clarifications on Scope of Work
The City's RFP requested that process and instrumentation drawings (P &ID's) be prepared for each of
the five pump stations. Subsequent to the release of the RFP, the City made a clarification that the
requested P &ID's for the pump stations are no longer required. Therefore, these drawings have not been
included in our scope and fees.
16
EXHIBIT "A"
Proposal to Provide Wastewater Pump Station Rehabilitation Design
Services for the City of Newport Beach ,
Stantec
The scope of services to be provided by Stantec's electrical subconsultant, Moraes /Pharr & Associates,
does not include any research or recommendations for SCADA/telemetry equipment, SCADA
programming or telemetry radio path studies. Stantec's scope and services assumes that whatever
means of telemetry that is currently being employed (radio or telephone line) at each of the sites, will
continue to be utilized.
Per the current NFPA 820 standards, the dry well of a sewage pump station requires a positive push /pull
fan system to avoid requiring explosion proof electrical components. This was standard was mandated in
1999. Because the Diamond Avenue, Back Bay, Polaris and Harbor Pump Stations were all constructed
prior to 1999, the City clarified that a positive push /pull fan system will not be required at these four
stations. The new Bren Tract Pump Station will incorporate a positive push /pull fan system and be in
compliance with the current NFPA 820 standards. Therefore, the above presented scope and associated
fees reflect that only the new Bren Tract Pump Station will have a positive push /pull fan system.
The base scope and fees, presented herein, reflects the Scope of Consultant Services presented in the
RFP and does not include any permitting, environmental reports /documentation, nor support services
other than those described above for this project. Furthermore, it is our understanding that the City will
be responsible for the preparation and procurement of any environmental clearances in addition to any
other items and tasks indicated in the RFP.
REFERENCES AND EXPERIENCE
Bob Seeman, PE brings nearly 40 years of experience and knowledge relevant to the rehabilitation of the
City's wastewater pump station rehabilitation projects. As Project Manager for this project, Bob will
ensure that the communications, contracts, and other documents between Stantec and the City are dealt
with properly and in a timely manner, and will be responsible for the project deliverables, budget, and
schedule. He will coordinate the roles, responsibilities, and assignments of all Stantec team members.
Bob will ensure the successful execution of the project by efficiently initiating the project, coordinating all
aspects of the work plan, providing deliverables on schedule, facilitating communications with the City's
Project Manager and other involved parties, as well as providing advisory services as needed. Bob will
also be responsible for appropriating, assigning, and directing the needed resources to complete the
project.
The following references and project experiences were done by Stantec Consulting with Bob
Seeman as the Project Manager.
REFERENCES
Buck Gully Wastewater Pump Station Big Serrano Pump Station Orchard Hills Pump Station
Mike Sinacori
Sonny Tran Steve Malloy
City of Newport Beach
City of Orange Irvine Ranch Water District
(949) 644 -3311
(714) 288 -2475 (949) 453 -5570
Irrigation Pump Station
Santa Fe Valley Sewer Lift Station
Spencer Knight
Jeff Pape
City of Palm Desert
Rancho Santa Fe Community Services District
(760) 346 -0611
(760) 479 -4126
PROFESSIONAL SERVICES AGREEMENT
We have reviewed your proposed contract terms and believe that should we be selected for this
assignment, we will be able to conclude a mutually satisfactory contract with the City of Newport Beach.
17
Task Description
notice to Proceed
Kick -Oft Meeting
Research and Data Collection
:
Prepare Project Design Memorandum
:
Survey Services,
Geotechnical Investigations
Project Meetings
t.
Project Coordination
1[
_... ..........._
Preparation of Construction Documents
__... ..__._.... i
a :
Preparation of Cost Estimates
E
50% Design Submittal
GI Reviewo150 % Design Submittal
t i
50°/ Review Comment Meeting
80 % Design Submittal
_...
City Review of 80% -Submittal
� 1 I!
BO % Review Comment Meeting
95% Design Submittal
I City Review o195 % Submittal
95 / Review Comment Meeting
Final Design Submittal
..... a .... S u bmitt al aI ._.. __ ..........
Finl Design Su Meeling
.... .............. t
'
Out to Bid
y ..... _ ....... ......... t .... .. _.. >.
Assist Bidding Process
Atlend Pre -Bid Meeting
Bid Opening
'..
Award Construction Contract
5/26
Attend Ore -Construction Meeting -
♦ ryt
Shop Drawing Review
45
siantec
-/. .1 Imal dollars
Page 1 of I
1
Stantec
Stantec
Fee Schedule
Effective Through 12/31/10
LEVEL
HRLYRATE DESCRIPTION
Generally Not applicable to the Southern California Market
1
$47
• May on occasion be appropriate for intern and clerical support.
2
$53
3
$59
Clerical, Interns, & Field /Lab Techs
4
$66
• Assists Office Administrators, Designers, and field staff with clerical and routine entry level tasks.
5
$73
6
$81
Junior-level position, Administrative
7
$88
Independently carries out assignments of limited scope using standard procedures, methods and techniques
8
$96
Assists senior staff in carrying out more advanced procedures
9
$104
Completed work is reviewed for feasibility and soundness of judgment
Recent graduate from an appropriate post - secondary program or equivalent.
Professional level positions
10
$114
Carries out assignments requiring general familiarity within a broad field of the respective profession
11
$126
Makes decisions by using a combination of standard methods and techniques
12
$138
Actively participates in planning to ensure the achievement of objectives
Works independently to interpret information and resolve difficulties
- Provides applied professional knowledge and initiative in planning and coordinating work programs
Highlyspeclallzed technical professional or project supervisor
13
$152
Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
14
$166
Participates in short and long range planning to ensure the achievement of objectives
15
$179
Makes responsible decisions on all matters, including work methods, and financial controls associated with projects
Decisions accepted as technically accurate
Reviews and evaluates technical work
Senior level consultant or management function
16
$190
Recognized as an authority in a specific field with qualifications of significant value
17
$203
Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise
Independently conceives programs and problems for investigation
Participates in discussions to ensure the achievement of program andlor project objectives
Makes responsible decisions on expenditures, including large sums or implementation of major programs andlor
projects
Senior level management position
18
$239
Recognized as an authority in a specific field with qualifications of significant value
19
$281
Responsible for long range planning within a specific area of practice or region
Makes decisions which are far reaching and limited only by objectives and policies of the organization
Plans /approves projects requiring significant human resources or capital investment
Graduate from an appropriate post - secondary program, with credentials or equivalent
Generally, fifteen years experience with extensive professional and management experience
Survey
$175
1 -Person Crew
Crews
$200
2- Person Crew
$235
3 -Person Crew