HomeMy WebLinkAbout09 - Structural Engineering ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
June 24, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein, P.E.
949 - 644 -3322 or rstein @city.newport- beach.ca.us
SUBJECT: Approval of an On -Call Professional Services Agreement with RMS
Engineering & Design, Inc., for Structural Engineering Services
Recommendation:
Approve an On -Call Professional Services Agreement with RMS Engineering & Design,
Inc., (RMS) for structural engineering services and authorize the Mayor and City Clerk
to execute the Agreement.
Discussion:
Occasionally, the City is confronted with problems that require the immediate services
of a structural engineer. Examples include redesigning a column foundation when
excavation reveals an unsupported footing, calculating the effects on a streetlight pole
foundation based on the wind loading from a proposed banner, proposing a structural
repair for cracks discovered in a bulkhead, and analyzing the safety factor for a
retaining wall foundation that was not constructed exactly per plan. There also may be
occasions when the design for a small structural project is required.
On -Call Professional Services Agreements (PSA's) were developed to avoid a large
volume of small but time - consuming agreements between the City and consultants to
accomplish on -going project tasks for implementation of the Capital Improvement
Program (CIP). The proposed Fiscal Year 2008109 CIP budget is estimated at about
$68 million and includes over 92 projects. Several of the projects are building or
remodeling City owned facilities. The need for structural engineering services will be
required for the success of the projects.
RMS has successfully responded to several urgent problems posed by the City
including providing consulting services for the Balboa Village Project Flight Monument,
Wayfinder's Signage Program light pole foundation analysis, Lifeguard Headquarters
seismic evaluation, China Cove sheet pile analysis, and Newport Theatre Arts Center
beam analysis. Staff recommends approval of this on -call agreement.
Approval of an On -Call Approval of Professional Services Agreements with
RMS Engineering & Design, Inc. for Structural Engineering Services
June 24, 2008
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Environmental Review:
Environmental clearances will be completed for each Capital Improvement Project.
Funding Availability:
Funds for these services are available in each of the specific project accounts within the
City Council approved Capital Improvement Programs.
Prepared by:
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Robert Ste n, .E.
Assistant City Engineer
Submitted by:
Badum
s Director
Attachment: Professional Services Agreement with RMS Engineering & Design, Inc.
PROFESSIONAL SERVICES AGREEMENT WITH
RMS ENGINEERING & DESIGN, INC., FOR ON -CALL
STRUCTURAL AND ARCHITECTURAL ENGINEERING SERVICES
THIS AGREEMENT is made and entered into as of this day of
, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City"), and RMS ENGINEERING & DESIGN, INC., a California
corporation, whose address is 537 Newport Center Drive, #294, Newport Beach,
California, 92660 ( "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 has a need for on -call assistance for structural and architectural engineering
services.
C. City desires to engage Consultant to perform on -call structural and architectural
engineering services throughout the City on an as need basis ( "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 Roger M.
Sage, P.E., S.E.
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 provide "On -Call' structural and architectural engineering
services as described in the Statement of Qualifications attached as Exhibit "A."
Upon verbal or written request from the Project Administrator, Consultant shall
provide a letter proposal for services requested by the City (hereinafter referred
to as the "Letter Proposal "). The Letter Proposal shall include the following:
A. A detailed description of the services to be provided;
B. The position of each person to be assigned to perform the services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the services; and
D. The time needed to finish the specific project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
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 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.
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No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Consultant's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Any Letter Proposal that sets forth fees in
excess of Fifty Thousand Dollars and No Cents ($50,000.00) shall require a
separate Professional Service Agreement approved by per Council Policy F -14.
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 and /or classification of employee who performed the work, a
brief description of the services performed and/or the specific task in the
letter proposal 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 the Letter Proposal. 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 and the Letter Proposal, 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 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 Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates 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
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times during the Agreement term. Consultant has designated Roger M. Sage 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. Robert
Stein, P.E. 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:
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 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;
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8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are 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
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 the acts
or omissions of 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
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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.
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 work, 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's at all times during the term of this Agreement.
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B. Signature. 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.
1. 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.
2. 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.
3. 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.
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4. 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:
1. 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.
2. 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.
3. 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.
4. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
5. 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.
6. 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
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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
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
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 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.
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18. COMPUTER DELIVERABLES
CADD 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 CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD 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 CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" 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.
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 the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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 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
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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 to this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City to examine,
audit and make transcripts or copies of such records 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 under this Agreement. .
23. WITHHOLDINGS
City may withhold payment 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 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.
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 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 termination of
this Agreement by City. Consultant shall indemnify and hold harmless City for
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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:
Robert Stein, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3322
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Roger M. Sage, P.E., S.E.
RMS Engineering & Design, Inc.
537 Newport Center Drive, #294
Newport Beach, CA 92660
Phone: 949 - 721 -0470
Fax: 949 - 721 -0920
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, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, 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 and other information
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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, 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.
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. 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.
34. 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.
35. 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
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reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By: A o�— (
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
Edward Selich
Mayor
for the City of Newport Beach
RMS Engineering & Design, Inc.:
By:_
Title:
(Corporate Officer)
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
f: luserslpbwlsharedlagreementslfy 08 -091on -call serviceslrms -on call- structural- architectuml.doc
14
RMS
Engineering
& Design, Inc.
u
.m A
May 7, 2008
Mr. Bob Stein, PE
Assistant City Engineer
City of Newport Beach
Public Works Department
P O Box 1768
Newport Beach, CA 92658 -8915
OFFICE
537 Newport Center Drive, #294
Newport Beach, CA 92660
MAIL
P. O. Box 8501
Newport Beach, CA 92658
Exhibit A
PHONE (949) 7214470
FAX (949) 721 -0920
Subject: Proposal to Provide as- needed Professional Consulting and
Engineering Services to support the Public Works
Department of the City of Newport Beach
Dear Mr. Stein,
RMS Engineering c& Design is pleased to submit this proposal to provide structural and
architectural engineering services for City of Newport Beach Public Works Department.
Our main expertise is in structural engineering related to water and wastewater projects,
building renovation, seismic retrofit, and concrete repair. To complement our work in
structural engineering we additionally provide architectural engineering.
Currently, our firm is extensively involved in work related, to water and wastewater
facilities and public works projects. Recently, we designed concrete repairs for Orange
County Sanitation District's older digesters and we have been providing structural
inspections and assistance during construction. Currently, we are retained by Orange
County Sanitation District to design the repair of the deteriorated concrete and
replacement of corroded sluice gates of their primary clarifier diversion boxes.
We have conducted structural inspections of many reservoirs and water filtration plants
(some requiring Confined Space Entry). We have performed seismic evaluation of many
buried and above ground water reservoirs and tanks for several municipalities and water
districts.
City of Newport Beach - Professional Consulting Services Proposal for the Public works Department
Structural & Architectural SeNICe9
Proposal Page 1
VIRMS ek Engineering & Design, Inc.
Recently, RMS completed inspection of Filter Effluent Channels for Water Facilities
Authority at Aqua de Lejos Water Treatment Plant in Upland, CA. Project scope included
confined space entry for structural inspections, development of a report describing reasons
for the concrete deterioration and preparation of contract documents for the repair of
concrete and application of high performance coatings.
With vast experience in structural engineering, specifically in earthquake engineering and
in projects related to water, wastewater and public works, RMS can offer you with
state -of -the -art and cost effective structural engineering services.
We welcome the opportunity to discuss this proposal with you and look forward to a
successful working relationship with the City of Newport Beach.
Please call us to discuss this proposal and answer any questions.
Very truly yours,
Roger M. Sage, P.E., S.E.
Principal
RMS file
City of Newport Beach - Professional Consuhing Services Proposal for the Public works Departmem
Structural & Architectural Services
Proposal Page 2
ON,
RMS PROJECT EXPERIENCE
f RMS Engineering
Design, n. Inc.
� (949) 721 -.0470
Orange County Sanitation District (949) 721 -0920 fax
Plant No. 1
Tenant Improvements to Building "H ", Design of a New "IT" Conference Room (2005)
Contact: Mr. CT Bien, Orange County Sanitation District,. (714) 593 -7841
Consulting Fee: Design, CM Services: $28,000
RMS was the consultant for the architectural, .
structural, mechanical and electrical design of the
project. The project scope included partial
renovation of the existing office building to
convert an existing storage room to anew
conference /lunch room for OCSD IT group. A
new transformer and a 5- ton- heatpump unit was
installed on top the roof of the building. A
seismic evaluation of the entire building was
performed.
View of Existing Rooms in need of many Repairs to
Archaenural Renovation and Electrical & HV AC
Systems
View of the Renovated Room ready to use as a;Conference
Room
Built -in Credenza to serve food R to
provide additional storage
Conference Room for the IT group included new telephone
and data lines.
PAGE 1 OF 1
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RNIS PROJECT EXPERIENCE
RMS Engineering &
Il, s_ ` Design Inc.
t- �' (949) 721 -0470
Orange County Sanitation District (949) 721 -0920 fax
Plant No. 1
Tenant Improvements to Fleet Services (2001)
Contact Mr. Mike Bock, Orange County Sanitation District, (714) 593 -7340
Consulting Fee: Design, CM Services: $41,000
RMS was the consultant for the architectural,
structural, mechanical and electrical design of the
project. The project scope included expansion of
existing offices within the main building
envelope. Existing sloping concrete floor was
leveled. New wall footings were cast and the new
drainpipes were installed,: buried under the
existing. floor slab. "After the fact" permit was
obtained for the,existing 1972.building, before
the addition could . be permitted.. Presence of
existing hydraulic lifts created a tight area for the
new expansion.
Interior of kitchen/conference room. A.. computer workstation
is installed. Sprinkler heads . are visible at the ceiling.
Vista of the expansion. New mezzanine access . stair is visible .
on the right side. The roofwas,designed for storage
loading.. Removable guardrail was installed at the unloading
are: See below.
A, handicap ramp was constructed to comply with the City
of Fountain Valley's requirement that 20 % of construction
cost most be allocated for.ADA access improvements..
Ramp construction: required modification to existing
sprinkler system and: surface water - runoff drainage:
RMS PROJECT EXPERIENCE
RMS Engineering &
coo
Design, Inc.
Irvine Ranch Water District IRWD (s4s) 729 -0420
( ) (sas) Uzi -oszo fax
MWRP Aeration Blower & Secondary Sedimentation
Basin Improvements. (2003)
Contact: Ms. Kelly Lew, Project Manager: 949 - 453 -5675
Consulting Fee: Evaluation, Report, Design, CM Services: $54,000
Newly poured sealant into the horizontal
joint in the secondary clarifier basin
bottom slab.
Newly applied sealant into the vertical and horizontal
joints in the secondary clarifier basin wall.
Installed
new
Turblex
blower
wits.
Newly installed redwood baffle walls spanning
between the secondary clarifier walls.
RMS prepared technical specifications for
replacement of all expansion and construction joint
sealants in the secondary clarifier basins.
New baffle walls were designed at installed, spanning
between the clarifier walls, without intermediate
supports. Walls were design to resist seismic
hydrodynamic and sloshing forces.
Existing concrete pad in the blower room was modified and
analyzed for installing a new blower unit. The pad was analyzed
for adequacy in resisting seismic forces.
Existing metal launder troughs were replaced with FRP
troughs, and new launders were installed.
Page 1 of 1
RMS PROJECT EXPERIENCE
RMS Engineering &
Design, Inc.
(949) 721 -0470
City of Oceanside (949) 721 -0920 fax
San Luis Rey Water Reclamation Facility
Repair of Deteriorated Concrete Walkways at the Aeration and Secondary Clarifier
Basins (2002)
Contact: Mr. Greg Blakely, City of Oceanside, (760) 435 -5812
Mr. Dennis Wood, Principal, Carollo Engineers: (858) 505 -1020
Consulting Fee: Evaluation, Report, Design, CM Services: $87,000
Effluent channel walls & the existing grating rebate
angle were removed and a new wall with aluminum
grating rebate was installed.
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Where possible, existing reinforcing steel was saved
to reduce installation of new adhesive rebar dowels.
The newly constructed effluent channel
walls &the grating rebate angles.
Plywood work platform over the existing
effluent channels was constructed to allow
flow of treated wastewater.
Page 1 of 1
Page 2 of 2
RMS PROJECT EXPERIENCE
RMS Engineering &
Design, Inc.
( 721
949) -0
City of Oceanside
949) 72'1 -09920 20
fax
San Luis Rey Water Reclamation Facility
Repair of Deteriorated Concrete Walkways at the Aeration and Secondary Clarifier Basins
Walkway bridge over a secondary clarifier. Deteriorated concrete
has been removed to apply shotcrete.
Replacement of concrete curb and grating rebates at effluent
Leaking cracks at the primary clarifier tanks.
Page 2 of 2
RMS was retained by the City of Oceanside Water
Department to perform a walk thru inspection of the
primary and secondary clarifiers, aeration basins and
pipe galleries to determine causes of major concrete
cracks, spalls, water leaks and corroded rebar. The
project report included classification of action items
for repair based on urgency. RMS prepared a
report describing each problem with associated
preliminary remedy and cost of retrofit. The
information was added to the City's CIP summary.
RMS prepared contract drawings and
specifications for repair of deteriorated concrete in
primary clarifiers, aeration basins, secondary
clarifiers, and pipe galleries. Extensive specific
details were prepared for repair methodologies for
concrete general cracks, concrete structural cracks,
concrete spalls, leaky cracks and corroded reinforcing
steel. Project included replacement of existing pipe
support framing system in all existing pipe galleries.
Various repair materials from pea gravel small
aggregate concrete to Sika Top 111 were specified
based on the depth of repair.
Walkway over a secondary clarifier, after repair.
RMS PROJECT EXPERIENCE
RMS Engineering &
Q7 Design, Inc.
^• M!a (949).729 0470,
City of Whittier, CA (949) 721 -0920 fax
City of Whittier Public Works - Water Department
Seismic and Life Safety Evaluation of 9 Existing Reservoirs (2000)
Contact: Mr. David Schickling, City of Whittier, 562 - 464 -3524
4 MG'Oceanview Reservoir,' built in 1933,
partially buried..
150;000- gallon Rideaui Reservoir, elevated,
with concrete skirt wall all around, built in 1930.
Page 1 of 2
RMS inspected and performed seismic structural
evaluations for the City's 9 existing aging reservoirs.
Some of the reservoirs were about 70 years old.
RMS prepared evaluation reports and perforrned
seismic analyses and developed retrofit schemes,
including the associated construction cost estimates.
Reservoir shapes ranged from circular to rectangular
and irregular, with 'flat or hopper bottoms
(trapezoidal cross section). The 6 MG Greenleaf
Reservoir had an irregular shape with plan
dimensions of approximately 323 -feet by 275 -feet. It
had wood roof framing supported on concrete or
wood columns. The 300;000 — gallon College Hills
Reservoir was circular with a 70- footdiameter. It was
a flat bottom cast -in- place- concrete reservoir. The
flat concrete roof slab of the reservoir was 4 feet
above grade. The 4 -MG partially buried Oceanview
Reservoir had a rectangular shape with plan
dimensions of 293' -foot by 161-foot. It was a hopper
bottom reservoir, with pre -cast concrete roof. The
roof framing consisted of pre -cast concrete panels, 4-
foot by 24 -foot spanning between pre -cast concrete
girders supported by pre -cast concrete columns. The
150,000 - gallon cast -in- place- concrete Rideout
Reservoir was circular shape with a diameter of 38
feet. It was an elevated flat bottom reservoir, with an
elevated structural concrete slab supported on
concrete girders that were supported by a perimeter
circular foundation wall and four interior pedestals.
The 500,000 — gallon Murphy West Reservoir was
circular with plan diameter of 60 -foot. It was a Flat
bottom reservoir, with pre -cast concrete roof panels
above grade. The roof framing consisted of pie -
shaped 10 -inch thick pre -cast concrete panels.
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RMS PROJECT EXPERIENCE
RMS Engineering &
- A Design, Inc.
(949) 721 -0470 TEL
+, (949) 721 -0920 FAx
Orange County Sanitation District, Fountain Valley, CA'
Digesters 7" And "G" Liner Replacement and Concrete Repair at Plant No. 2 (2007)
Contact: Mr. Doug Kanis, Orange County Sanitation District (714) 593 -7013
Project Scope: Design and CM Services
Polyurethane coating was applied to interior surfaces of
the concrete dome and to upper 10 feet of the Digester
concrete walls.
RMS marked soffit areas of deteriorated concrete dome slab
that needed to be removed and patched with repair monar.
The project consisted of rehabilitating the inside of
Digesters F and G located at Plant Number 2
including:
Removal of the existing PVC liner inside Digesters
F and G, including the high density polyethylene
(HDPE) pipe that was used to hang the PVC liner.
Surface preparation prior to concrete repair and
coating.
Expanding polyurethane grout injection for cracks
requiring sealing. Epoxy injection for cracks
requiring structural repair. Water leak testing of
each digester after concrete and crack repairs.
Application of polyurethane coating to the ceiling
of the digesters, the upper ten feet of the digester
walls, entry manways, exterior surfaces of three
mixing nozzles, exterior surfaces of the draft
downcomer tube, and other metal surfaces inside
the digesters as specified in the plans. Replacement
of the digester inspection manhole lids located on
top the digester domes.
RMS was retained by Orange county Sanitation
district for the design of the repair methodologies
and preparation of contract drawings and
specifications for the project. RMS provided
structural engineering services during construction.
Within the marked areas, deteriorated rebar was exposed
to see if it was corroded. Corroded rebars were removed
and replaced with new reinforcing bars.
Page I of I
RMS PROJECT EXPERIENCE
RMS Engineering &
Design, Inc.
(949) 721 -0470 TEL
(949) 721 -0920 FAX
Orange County Sanitation District, Fountain Valley, CA
Digesters 7" And "G" Liner Replacement and Concrete Repair at Plant No. 2 (2007)
Powdered samples of the Digester " C were co Iiected by
Cuing '6' drill bit. Powdered concrete samples were
shipped to a laboratory in the Bay area for PH testing.
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Spalled concrete at top of Digester °G" wall just below the
prestressed concrete dome ring.
Schmidt Hammer test was performed to determine the
compressive strength of Concrete.
RIMS inspects the cured repair mortar.
Exterior Digester wall joint before repairs.
The exterior joint after injection of
hydrophobic, polyurethare, liquid chemical
grout.
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The exteriorjoint after removal of
excess chemical gmuG ready to receive
joint sealant.
Pagc 2 of 2
RMS PROJECT EXPERIENCE
RMS Engineering S
Design, Inc.
0 (949) 721 -0470 TEL
City of Orange Water Department, Orange County, CA (949) 721 -0920 FAx
Well No. 26, Orange, CA (2006)
Contact: Mr. Bob Baehner, City of Orange, (714) 288 -2486
Consulting Fee: Design, CM Services: $98,000
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Existing triangular comer lot, w /well pump & piping in
place.
Typical buildings surrounding the well site. lI
The project scope consisted of civil engineering for
site grading and landscape design. The pump
Station architecture was designed to blend in with
the The Block at Orange, an open -air shopping
mall. Four alternate architectural renderings were
developed and submitted to the Planning
Department.
RMS was the prime consultant for civil,
landscape, architectural, structural and electrical
design.
RMS prepared Non - priority Water Quality
Management Plan (WQMP) for the well Site.
The block wall building had metal standing seam
roof and colored plastered walls.
A sound enclosure was design to house the pump
motor. The fence location and the square footage of
the impervious areas of the site were designed to
keep the site below 5,000 square feet.
Metal picket fence and gate was designed to be 8
feet tall and the plans were submitted to City Crime
Prevention Department for review and
modifications to locks and door hardware.
One of the architectural renderings prepared by RMS for the Well 26.
Dave & Buster's restaurant across the well
facilities.
AVRIVIS Engineering & Design, Inc.
25 years experience in design of repairs for concrete water /wastewater structures
'RMS examines the new polymer - modified
concrete repair patch in Digester "G" at Orange
County Sanitation District.
RMS prepared drawings and specifications for
the repair of secondary clarifier walkways with
deteriorated concrete and corroded reinforcing
steel. San Luis Rey WWP, Oceanside,. CA..
Inspection of newly injected hydrophobic, polyurethane
sealant into Digester "G" joint, between the dome and
the wall. Orange County Sanitation District.
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RMS prepared drawings and specifications for the repair
of the effluent launders for circular primary clarifiers. "E" and
"G" for Orange County Sanitation District.
Shttid Or2
Repair of deteriorated concrete at San Luis Rey
WWP, City of Oceanside, CA. Primary and
secondary clarifiers, effluent.
Confined Space Entry into DAFT "C" to examine
degree of corrosion in the skimmer 8 beach at
Orange County Sanitation District.
Office: 537 Newport Center Drive, Suite 294, Newport Beach, CA 92660 - Mail: PO Box 8501, Newport Beach, CA 92658 - Tel (949) 721 -0470
email: rmsenciPearthlink. net
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RMS Engineering & Design, Inc.
25 years experience in design of repairs for concrete water /wastewater structures
Cored concrete samples are taken from a seawall at
100 Coast Drive in La Jolla, CA, for compression
testing and chemical analysis. RMS prepared
contract documents for the repairs and structural
strengthening of the wall.
Confined Space Entry for evaluation of
deteriorated concrete, joint sealants and gate
valve corrosion at Filter Effluent Channels for
WFA — Aqua de Lejos Water Treatment Plant,
Upland, CA. RMS prepared contract documents
for concrete repairs and high performance
coatings.
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RMS prepared an evaluation technical memo for causes of
occurrences of many leaky holes near the column footings in
Chino 1 Desalter Clearwell Chamber. Repair
recommendations and associated cost estimates were
included in the report.
RMS performs on -site Condition Evaluation Surveys:
The on -site condition evaluation survey includes a detailed investigation of all areas of the reinforced concrete structure, and may require several hours Io several days, depending upon the size
of the structure. Several analysis techniques are implemented during this on -site evaluation survey, including, but not limited to, the following.
➢ Visual examination - to identify concrete surface defects.
➢ Confined Space Entry
➢ Petrography - Petrographic examination of hardened concrete for diagnosing reasons for lack of concrete durability.
➢ Hammer /chain- to detect (sound out) delaminations— to find unsound concrete.
➢ Schmidt Hammer test - for indirect means of obtaining relative value for compressive strength of finished concrete.
➢ Phenolphthalein testing — to see phenolphthalein reaction on carbonated concrete - to determine carbonation depth.
➢ Chloride content tests - to identify chloride corrosion - to analyze total chloride content in concrete.
Y Half cell potential mapping - to determine corrosion risk (map corrosion hot areas) - to measure the condition and potential corrosion ofrebar and ndwr steel structures within concrete
➢ Linear polarization - to determine corrosion rate - Polarization Resistance (Pr) Testing.
➢ Continuity - to determine continuity /connectedness of rebut.
➢ Stray current identification - to determine stray current corrosion risk.
D Resistivity - The electrical resistance of the concrete measures the ease with which ions migrate through concrete, an important factor for the corrosion process.
RMS works with multi - disciplinary laboratories that specialize in petrographic examination and chemical analysis of concrete, stucco, brick and nrmrnr, concrete aggregates, terrazzo, and
masonry units.
Office: 537 Newport Center Drive, Suite 294, Newport Beach, CA 92660 — Mail: PO Box 8501, Newport Beach, CA 92658 — Tel (949) 721 -0470
email: rmsenciPearthlink. net
r RMS Engineering & Design Tel: (949) 721 -0470 Fax: (949) 721 -0920
Roger M. Sage, P.E., S.E.
Experience Mr. Sage is a Civit/Structural Engineer with more than 30 years of
Summary: professional experience. He specializes in structural studies and design,
computer analysis and design, dynamic analysis, and seismic retrofit for
water and wastewater facilities and treatment plants. He managed the
structural department of a prominent Sanitary Engineering Firm in
Southern California for six years. He also has extensive experience in
design of above ground and buried reservoirs.
Education: B.S. Civil Engineering, University of Kansas, Lawrence, Kansas, 1973
M.S. Civil Engineering, University of Kansas, Lawrence, Kansas,
1978
Registration: Civil Engineer, California, Certificate Number C 33881
Structural Engineer, California, Certificate Number S 3598
Professional Engineer, Kansas
Civil Engineer, Nevada
Structural Engineer, Nevada
Professional
Affiliations: Structural Engineers Association of Southern California
American Society of Civil Engineers
SARBS of C WEA
Project
Experience:
Orange County Water Association
Southern California Water Utilities Association
■ Santa Margareta Water District /Daniel Boyle Engineering,
Talega Zone B Recycled Water Pump Station. Project manager
for structural and architectural design of the pump station. The
building was constructed of reinforced concrete block walls with
colored stucco finish and a mansard roof with clay tiles. The
building included pump room with 2 -100 HP pumps, an electrical
room, PRV room and a metering enclosure. Other site structures
included foundations for discharge tank, suction tank and a
transformer. A metering vault with double door aluminum hatch
was constructed adjacent to the building.
■ City of Orange Water Department, Orange, CA, Seismic
Strengthening of the Water Department Pump House, 2001.
Sage I
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VAW� RMS Engineering & Design, Inc. Tec (949) 721 -0470 Fax: (949) 721 -0920
Project manager for Seismic Strengthening of the Water
Department Pump House for the City of Orange. He prepared four
alternate strengthening methods and the City selected one that
would preserve the architectural features of this 1940s vintage
building. His design was based on preserving the aesthetics, most
economical use of materials, and it was a design with minimum
disruption to the water department's service and personnel. Micro
piles were used to minimize excavation. Scope of work included
architectural, structural, and electrical engineering services. The
pump house had several annexes added during the past 40 years.
Contract documents provided the contractor with information
about adjacent buildings that would be partially affected by the
pump house strengthening. Roger worked with FEMA on the
project for getting a grant for 75% of construction cost.
■ City of Whittier, CA, Water Department, Seismic Structural
Evaluation of nine Reservoirs, 2000. Structural engineer for the
City of Whittier, California, Seismic and Life Safety Evaluation of
Nine Existing Reservoirs. Inspected and evaluated the City's
existing older reservoirs. Some of the reservoirs were about 70
years old. Prepared evaluation reports and performed seismic
analysis and developed retrofit schemes including the associated
construction cost estimates. Reservoir shapes ranged from circular
to rectangular and irregular with flat or hopper bottoms
(trapezoidal cross section). The 6 MG Greenleaf Reservoir was an
irregular shape with plan dimensions of approximately 323 feet by
275 feet. It had wood roof framing supported on concrete or wood
columns. The 300,000 gallon College Hills Reservoir was circular
shape with plan diameter of 70 feet. It was a flat bottom, cast -in-
place- concrete reservoir. The flat concrete slab roof of the
reservoir was 4 feet above grade. The 4 -MG Oceanview Reservoir
had a rectangular shape with plan dimensions of 293 feet by 161
feet. It was a hopper bottom reservoir, with precast concrete roof
above grade. The roof framing consisted of precast concrete
panels, 4 -foot by 24 -foot, spanning between precast concrete
girders supported by precast concrete columns. The 150,000- gallon
cast -in- place- concrete Rideout Reservoir was circular shape with
plan diameter of 38 feet. It was an elevated flat bottom reservoir,
with an elevated structural concrete slab supported on concrete
girders that are supported by a perimeter circular foundation and
four interior pedestals. The 500,000 gallon Murphy West
Reservoir was circular shape with plan diameter of 60 feet. It was a
flat bottom reservoir, with precast concrete roof panels above
grade. The roof framing consisted of pie shaped, 10 -inch thick
precast concrete panels. (2000)
Sage 2
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RMS Engineering R Design, Inc. Tel: (949) 721 -0470 Fax: (949) 721 -0920
■ South Coast Water District, Reservoir Structural Inspection,
2002. Structural engineer for South Coast Water District,
California, Inspection of Zone V -B Reservoir. Performed walk -
through inspection of the 7.8 MG potable water cast -in -place
hopper bottom reservoir, with two cells, and prepared a report
describing the physical condition of the reservoir structural and
non - structural components. The top slab of the reservoir was
covered with soil. Pavement on top of the soil was used for tennis
courts. Safety issues pertain to access hatches, ladders, guard rails,
and rungs were evaluated based on ANSI/AWWA DI00 -96 and
CFR29, Labor, Parts 1900 to 1910.999. RMS evaluated the
operability of the inlet/outlet and drain valves and the condition of
the coatings on these items. The report offered recommendations
for structural repairs of the spalled concrete, sandblasting and
coating of corroded steel, replacement of delaminated joint
sealants, replacement of non - compliant ladders, hatches, stairs, and
other access equipment. (2002)
■ County Sanitation Districts of Orange County, Rehabilitation
of 15 Outlying Pump Stations, 1998. Preparation of preliminary
seismic and Cal- OSHA/CFR evaluation report for the Orange
County Sanitation Districts' sewer collection system pump stations.
Project included assessment of liquefaction potential for each
station. He developed retrofit and rehabilitation alternate schemes,
including connected costs for each alternative. Project non - seismic
structural work included replacement of ladders with stair access
to motor decks, repair of concrete and other deteriorated structural
components and Cal -OSHA compliant alterations. Based on the
OCSD Seismic Design Criteria and Guidelines, he developed a
separate Seismic Design Criteria for the outlying pump stations to
be used as a guideline for future designs
■ South East Regional Reclamation Authority, San Juan
Capistrano, CA Project: Seismic Evaluation and Strengthening
of the Energy Building at the Regional WRP Project, 1996.
Project manager for seismic evaluation of the Energy Building at
the Joint Regional Plant for South East Regional Reclamation
Authority, San Juan Capistrano, CA. The roof diaphragm of the
building, consisting of concrete filled metal deck, had major
discontinuities and large openings for roof sound louvers. The
ledger angle connections to the shear walls did not have adequate
capacity to transfer seismic lateral loads from the roof diaphragm
to the shear walls. Some of the continuous foundations were found
to be undersized creating a potential for soil over - stress during an
Sage 3
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flAii RMS Engineering & Design, Inc. Tel: (949) 721 -0470 Fax: (949) 721 -0920
earthquake event. He developed strengthening techniques and
determined engineer's opinion of retrofit construction cost. He was
involved in services during construction and he provided alternate
designs to facilitate construction.
■ County Sanitation Districts of Orange County, Fountain
Valley, CA, Project Numbers P1 -43, and P2 -50, 1994. Project
manger for seismic retrofit and rehabilitation of all non - building
structures for Orange County Sanitation Districts, Plant Numbers 1
and 2. The project encompassed addition of seismic restraints and
braces to existing pipelines, mechanical equipment, generators,
electrical equipment, ducts, cable trays, and all liquid storage
tanks.
■ 1990 Tertiary Expansion, Water Quality Control Plant, City of
Riverside Public Works, Riverside, CA. Mr. Sage managed
structural design for the tertiary treatment facilities at the City of
Riverside's Water Quality Control Plant. This project included
complex concrete structures for flocculation and filtration basins,
control structure, and a pump station. The addition was adjacent to
the existing filtration structure that demanded special attention to
the design of the interface.
■ Water Reclamation Plant Expansion Contract C -2, City of San
Clemente, CA, 1993. Mr. Sage provided structural engineering
support during construction phase for the City of San Clemente
Water Reclamation Plant Expansion and Modification Project.
This expansion included construction of Type V buildings with
great emphasis on architectural features. Various construction
materials were used to design an aesthetically pleasing plant with a
Mediterranean architecture to create an environment compatible
with surrounding residential neighborhoods. The project included
design of new headworks and expansion of primary, secondary
clarifiers, chlorine contact basin, and aeration basins. Project also
included design of pump stations, power and control buildings,
scrubber facilities, a vehicle maintenance building, and operations
center.
■ City of Santa Barbara, CA, Public Works Department, 2003.
Structural engineer providing preliminary inspection and
evaluation of the 10 -MG Vic Trace Reservoir for City of Santa
Barbara, California. The reservoir was a hopper bottom, concrete
lined reservoir with a metal roof system consisting of aluminum
decking and steel roof framing. Prepared preliminary report
Sage 4
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RMS Engineering & Design, Inc. Tel: (949)'121 -0470 Fax: (949) 721 -0920
Cristian Marinescu, P.E.
Experience Mr. Marinescu is a Structural Engineer with more than 30 years of
Summary: professional experience. He is versed with FEMA publications
regarding criteria and requirements for seismic investigation of
existing buildings and structures (including FEMA 310, FEMA 273,
and FEMA 350). He specializes in Probable Maximum Loss (PML)
evaluation of buildings and structures during a seismic event. He has been
project manager on many seismic retrofit projects of reinforced concrete,
masonry, steel and wood framed structures. He has been lead structural
engineer for design and strengthening of many complex structures.
Education: M.S. Civil/Structural Engineering, Polytechnic Institute of Bucharest,
Romania, 1957
M.S. Economics Engineering, Polytechnic Institute of Bucharest, Romania,
1965
Registration: Civil Engineer /California
Project
Experience:
IN City of Oceanside, San Luis Rey Wastewater Treatment Plant,
Interim Expansion 2000. He was the lead structural engineer for
the design of the 22,000 square feet Administration Building and
the 6,500 square feet Operations Building. The Administration
Building had high arch entries and a high - ceiling lobby. The
facility included laboratories and chemical and process control
rooms. The Courtyard encompassed an infinity pool. The
Operations Building was a prefabricated metal building with a 6-
ton monorail crane. The building housed offices, a locker room, a
kitchen and restrooms. Mr. Marinescu designed the foundation
system and interior walls for the Operations Building.
■ City of Orange Water Department, Orange, CA, Seismic
Strengthening of the Water Department Pump House, 2001.
He was lead structural engineer for Seismic Strengthening of the
Water Department Pump House for the City of Orange. He
prepared four alternate strengthening methods and the City
selected one that would preserve the architectural features of this
1940s vintage building. His design was based on preserving the
aesthetics, most economical use of materials, and it was a design
with minimum disruption to the water department's service and
Marinescu I
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UW-ffIRMS Engineering & Design, Inc. Tel: (949) 721 -0470 Fax: (949) 721 -0920
personnel. Micro piles were used to minimize excavation. Scope of
work included architectural, structural, and electrical engineering
services. The pump house had several annexes added during the
past 40 years. Contract documents provided the contractor with
information about adjacent buildings that would be partially
affected by the pump house strengthening. Roger worked with
FEMA on the project for getting a grant for 75% of construction
cost.
■ Main Pump Station, City of San Clemente, CA, 1998. Mr. Marinescu
was the structural engineer for the design of the concrete stairwell and
aluminum staircase access improvements to the motor deck and the pump
deck for the project. He designed the strengthening of the motor deck
where large opening was cut for stair access.
■ Buena Vista Creek Pump Station, City of Oceanside, CA. Mr.
Marinescu was the structural engineer for design of structural
modifications to the existing pump station. A 5 -ft by 5 -ft removable
hatch was added for access to the wet well. Top slab of the wet well was
13 feet below grade.
■ Structural Strengthening and Modification of an Existing
Chlorine Tank to Convert to UV Disinfection System at RP -1,
Inland Utilities Agency, Fontana, CA, 1997. He was the
structural engineer for strengthening the center dividing -wall in the
360 -ft long Chlorine Contact Basin. Operations staff had reported
that the when one side of the tank is emptied, the center wall
develops excessive deflection bulging towards the empty side. The
existing wall height was thickened by 10 inches. The two walls
were joined together by lap splicing and epoxy doweling roughly
5,200 L- shaped reinforcing steel anchors. Vertical and horizontal
reinforcing steel in the new wall and its anchorage to the existing
created a composite stiff wall. The existing wall was tied back to
the opposite side, using aircraft high - strength cables. Horizontal
double channels were used to spread the anchorage point loads
uniformly to the wall. The project included evaluation of necessary
modifications to the tank to install UV system and cranes for
lifting the UV light tube packages.
■ Robert A. Weese Water Treatment Plant, City of Oceanside,
Monorail Beam Extension at the Chlorine Storage Facility,
1997. Mr. Marinescu prepared calculations for the retrofit design.
The new extension was a built up beam to match the existing
monorail beam dimensions. Vertical braces were added which
connected to the end of the cantilever beams and the masonry
Marinescu 2
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parapet. Vertical Braces were also added in the back of the parapet
wall to transfer the loads back to the roof beams. A king -post type
support was designed for the cantilever extension of the beams.
■ Lake Casitas Water Treatment/Power Recovery Plant, Casitas
Municipal Water District Oak View, CA, 1995. Mr. Marinescu was
the structural engineer for the project. This project included design of
foundations for support of 8 Serck Baker horizontal vessel filter
tanks that had 12 -ft diameters and were 43 feet long. Other
supports were design for process components such as horizontal
dual media filters, dual media filters for reclaimed water,
backwash surge tank, and Lamella clarifiers (10 feet high steel
tanks.) Pre- engineered building specifications were prepared for a
pipe gallery pre- fabricated steel building, 181 -11 long and 27 -ft
wide, plus control and storage rooms. Foundations were designed
for the pipe gallery building. Special loading requirements to
enable the building walls to support process piping was prepared
and included in the specifications. Project included design of
sludge drying beds and design of foundations for Lamella clarifiers
that had 10 -ft diameter and were 10 -11 high
■ Lake Casistas Municipal Water District, 1996. He was the structural
for reinforcing an existing large valve box walls that had developed
cracks due to surcharge from the newly constructed Serck Baker Pressure
filter tank foundations adjacent to the box.
■ Design of seismic retrofit of shopping center in Mountain
View, California, 2002. He was the lead structural engineer for
seismic strengthening of four buildings with panelized wood frame
roof system and concrete block walls.
■ 12 -story Building Evaluation, Downtown Los Angeles,
California, 2002. Mr. Marinescu performed feasibility study for
the seismic retrofit of a 1927 - built, 12 -story steel frame building
located in downtown Los Angeles. Composite steel plate shear
wall technology was analyzed for application in the possible
retrofitting of this building
■ Seismic Upgrade of an Un- reinforced Masonry Building, San
Francisco, Ca, 2001. Mr. Marinescu coordinated design and
construction of seismic upgrade of an un- reinforced masonry
building located at 109 Stevenson, San Francisco, CA. He
represented owner in all phases of project execution. Project was
completed in January 2002
Marinescu 3
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Tal: (949) 721-0470 Fex: (949) 721 -0920
William Lee, AIA
Experience Mr. Lee offers over 29 years of construction design experience as an
Summary: Architect on a wide range of project types and project sizes. In addition to
building design, his other expertise includes site planning, facilities layout
design, ADA compliance, and the development of specifications and design
standards. He is experienced in the use of AutoCAD 2002.
Education: Bachelor of Architecture, Cum Laude, University of Southern
California, 1972
Post Graduate Education:
Introduction to Facilities Management, UCI
Overview of Facilities Management, UCI
Commercial Management, Marketing, Leasing, and Tenant
Improvements
Registration: The American Institute of Architects (AIA)
Professional
Affiliations: The American Institute of Architects
Project
Experience:
International Conference of Building Officials
Inspection Certification, Office of Emergency Services, State of
California
■ Municipal Agencies:
Water Facilities Authority (WFA), Agua de Lejos Treatment Plant,
Upland, CA
City of Orange Water Department
Orange County Sanitation District
Casitas Municipal Water District
Chino Basin Municipal Water District
Federal Housing Authority
Los Angeles Metropolitan Water District
NAPA Municipal Water District
County Sanitation Districts of Orange County
Lee I
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City of Portland
Riverside Transit Agency
■ Manufacturing and Processing Facilities:
Thacker Container Company
Miller Meat Company, Monterey Park
Monterey Meat Company, Monterey Park
Michell Rubber Company, El Monte
Zenith Specialty Bag Company, City of Industry
■ Plant Renovations:
Baxter Healthcare, Glendale
Douglas Aircraft Company
McGaw Laboratories, Irvine
McDonnell Douglas Aerospace
Nultrilite Products, Buena Park
Standard Oil, El Segundo
Willamette Industries, Rancho Dominguez
■ Shopping Centers And Commercial Facilities
Sunset Plaza, Los Angeles
Lorena Plaza, Boyle Heights
Del Taco
Fresh Choice Restaurants
Kmart Super Stores,
Anaheim Hills, Corona, Emeryville, Sanger, CA
Ralphs Airport Center Market
■ Public Schools
Colton Unified School District
Corona Norco Unified School District
Lynwood Unified School District
Norwalk Unified School District
■ Commercial Offices
Buena Park Commerce Plaza, Buena Park
Almond Instruments, Covina
Lee 2
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RMS
Engineering
& Design, Inc.
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Professional
Services
Technical
Services
Litigation Support
537 Newpon Center Drive, 4294
N,w n Reach CA 92660
Fee Schedule -- Effective 1/1/08
Exhibit B
PHONE (949) 721 -0670
FAX (949) 7214920
Principal Engineer
$195.00/hour
Principal Engineer - Confined Space Entry
$225.00/hour
Senior Engineer
$145.001hour
Staff Engineer
$120.00/hour
Estimator
$145.0Whour
Senior Designer/Drafter
$90.00/hour
Drafter /CAD Operator
$80.00/hour
Technical word Processor
$60.00/hour
Clerical
$60.001hour
14nT FR V RATItS
NO.
Description
Hourly Rate
I
Support Staff
$95
2
Pro'ectEngineer
$170
3
Project Manager
$210
4
Mediation & Conferences
$200
5
Deposition & Court Appearances
$375
Sub - consultant
Other Direct Costs
Plotting on Mylar D & E sizes
Cost + 10%
Cost +00%
S60 /sheet
Travel Time Travel time will be charged at regular hourly rates, for actual time
involved, plus $.52/mile for mileage.
Terms B� are past ue ays rom
amount allowed b