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HomeMy WebLinkAboutC-5221 - PSA for Dolphin / Tamura Water Wells & 16th Street Pump Station Variable Frequency Drive and Motor ImprovementsC"I AMENDMENT NO. THREE TO 417 DESIGN PROFESSIONAL SERVICES AGREEMENT U WITH DUDEK FOR DOLPHIN/TAMURA WATER WELLS & 16TH STREET PUMP STATION VARIABLE FREQUENCY DRIVE AND MOTORIMPROVEMENTS THIS AMENDMENT NO. THREE TO DESIGN PROFESSIONAL SERVICES AGREEMENT ("Amendment No. 3") is made and entered into as of the 12th day of February, 2014, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DUDEK, a California corporation ("Consultant'), whose address is 605 Third Street, Encinitas, CA 92024, and is made with reference to the following: RECITALS A. On August 23, 2012, City and Consultant entered into a Design Professional Services Agreement ("Agreement') for professional engineering services for the Dolphin/Tamura Water Wells and 16th Street Pump Station Variable Frequency Drive and Motor Improvements ("Project'). B. On February 13, 2013, City and Consultant entered into Amendment No. One to the Agreement to increase the Scope of Work, extend the term of the Agreement and to increase the total compensation. C. On June 14, 2013, City and Consultant entered into Amendment No. Two to the Agreement to increase the Scope of Work and to increase the total compensation. D. City desires to enter into this Amendment No. Three to increase the Scope of Work and to increase the total compensation. E. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement shall be supplemented to include the Request for Additional Authorization No. 3, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, Exhibit A of Amendment No. One, Exhibit A of Amendment No. Two and Exhibit A of Amendment No. Three shall collectively be known as "Exhibit A." The City may elect to delete certain tasks of the Services to be performed at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: 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 contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Forty -Four Thousand Four Hundred Sixteen Dollars and No/100 ($144,416.00) ("Total Amended Compensation") 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. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three in an amount not to exceed Nine Thousand Four Hundred Sixteen Dollars and Noll 00 ($9,416.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: I- Z 1 y Date: ~7,4\t-* By: 1 By: G.,L Aaron C.rp Dave-Kiff City Attorn y City Manager ATTEST: nn '�11'',,,, Date: 0� , d�- )4 By: i L- � , hm, Leilpni 1. •.t City Clerk CONSULTANT: DUDEK, a California corporati Date:7,17 ;j . _ Date: 2 -Lf- I q By: � 9", Bob O nd Vice P sident / Engineer Practice Manager [END OF SIGNATURES] Attachments: Exhibit A - Request for Additional Authorization No. 3 DUDEK Page 3 EXHIBIT A REQUEST FOR ADDITIONAL AUTHORIZATION NO. 3 Dudek Page A-1 31878 CAMINO CAPISTRANO, SUITE 200 SAN JUAN CAPISTRANO, CALIFORNIA 92675 T 949.450.2525 F 949.450.2626 January 22, 2014 Mr. Mike Sinacori, P.E. City of Newport Beach Public Works Dept. 100 Civic Center Drive Newport Beach, CA 92660 7450-3 Subject: Request for Additional Authorization No. 3 — Additional Engineering Services for the 16th St Pump Station & Dolphin/Tamura Wells Upgrades Project Dear Mr. Sinacori: As per your request, Dudek has prepared Request for Additional Authorization (RAA) No. 3 to provide the additional engineering services as follows: Provide Construction Bid Docs for HVAC Upgrades at Dolphin and Tamura Wells We will provide draft and final construction bid documents (plans, specifications, bid documents, estimate, and construction schedule) for the air conditioning (HVAC) improvements in the electric rooms at the Dolphin and Tamura Well facilities. This includes plans (Title sheet, general notes, site plan with HVAC improvements and details, and electrical drawings/details), specifications and bidding documents (City Standard bidding documents, standard spec documents (similar to previous City projects), and relevant technical specifications (as required), an engineer's opinion of probable construction cost, and an anticipated construction schedule. The cost for this portion of the work is estimated at $13,650. We will provide bidding and construction support services for the HVAC upgrades. The cost for this portion of the work is estimated at $3,000. The available residual project budget for the 16th St Pump Station & Dolphin/Tamura Wells Upgrades project that can be utilized for this project is $7,234. Net Cost Increase Cost Summary ..... $9,416 The total amount of RAA No. 3 is $9,416. Please do not hesitate to contact myself (949.439.6420 or e-mail: nharperta'�dudek.com) with any questions or concerns that you may have regarding this request for additional authorization. Sincerely, Neil Harper, P.E. Dudek N d t4 a c 0 C6 rn CL E CL CL Z � H m L < Q N w yw Z u" i Y O p _T v ca E ro :c a 0 a _o AMENDMENT NO. TWO TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR DOLPHINITAMURA WATER WELLS & 16TH STREET PUMP STATION VARIABLE FREQUENCY DRIVE AND MOTORIMPROVEMENTS THIS AMENDMENT NO. TWO TO DESIGN PROFESSIONAL SERVICES CiS AGREEMENT ("Agreement") is made and entered into as of the 14th day of June, 2013, �f } by and between the CITY OF NEWPORT BEACH, a California municipal corporation ' and charter city ("City"), and DUDEK, a California corporation ("Consultant"), whose C1 address is 605 Third Street, Encinitas, CA 92024, and is made with reference to the following: N A. On August 23, 2012, City and Consultant entered into a Design Professional Services Agreement ("Agreement") for professional engineering services for the Dolphin/Tamura Water Wells and 16th Street Pump Station Variable Frequency Drive and Motor Improvements ("Project"). B. On February 13, 2013, City and Consultant entered into Amendment No. One to the Agreement to increase the Scope of Work, extend the term of the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to increase the Scope of Work, and to increase the total compensation. D. City and Consultant mutually desire to amend this Agreement, as provided below„ NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement shall be supplemented to include the Request for Additional Authorization No. 2, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement, Exhibit A of Amendment No. One and Exhibit A of Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain tasks of the Services to be performed at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: 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 contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Five Thousand Dollars and No/100 ($135,000.00) ("Total Amended Compensation") 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. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two in an amount not to exceed Fifteen Thousand Five Hundred and Eighty Dollars and No/100 ($15,580.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] DUDEK Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Co Z�/ �3 By: &� Aaron C. Harp City Attorney ATTEST: '' !� Date: I By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California nice al corporation Date: 1� 7Z 1 By: Keith D. Curry Mayor CONSULTANT: DUDEK, a California corporation Date: /3 B4ree e Date: & - t 1- ( 3 By: Bob hlund Vice President / Engineer Practice Manager [END OF SIGNATURES] Attachments: Exhibit A — Request for Additional Authorization No. 2 DUDEK Page 3 EXHIBIT A REQUEST FOR ADDITIONAL AUTHORIZATION NO. 2 Dudek Page A-1 31878 CAMINO CAPISTRANO, SUITE 280 SAN JUAN CAPISTRANO, CALIFORNIA 92675 T 949,450.2525 F 949AS0.2626 May 21, 2013 Mr, Mike Sinacori, P.E. City of Newport Beach Public Works Dept- 100 ept100 Civic Center Drive Newport Beach, CA 92660 7450-2 Subject: Request for Additional Authorization No. 2 — Additional Engineering Services for the l6rh St Pump Station & Dolphin/Tamura Wells Upgrades Project Dear Mr. Sinacori: As per your request, Dudek has prepared Request for Additional Authorization {RAA} No. 2 to provide the additional engineering services as follows: Task 1: Provide Conformed Plans and Specifications We will provide a conforming set of plans and specifications that reflect the modifications of the amendment issued during the bidding phase of this project. This will aid the City in the construction phase of this project. Costfor Task1............................................................................................................... $4,168 Task 2: Provide Additional Construction Support Services We will provide additional construction services as requested and authorized by the City including consultation, additional site visits prior to and during start-up, attendance for several of the construction progress meetings and review of the vertical turbine pump shop drawings for the 16' Street Pump Station. Costfor Task 2.............................................................................................................. $11,412 Cost Summary The total amount of RAA No. 2 is $15,580. Please do not hesitate to contact myself (949.439.6420 or e-mail: nharDer 0)dudek.com) with any questions or concerns that you may have regarding this request for additional authorization. Sincerely, Neil Harper, P,E. Dudek EW = CITY OF NEWPORT BEACH ��` ooaoa City Council Staff Report Agenda Item No, 8 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM; Public Works Department David A. Webb, Public Works Director 949-644-3311, d u bb@newoortbeaghca.00v PREPARED BY: Michael Sinacori P.E_, Assistant City Engineer 949-644-3342, r, ri, inacori�7a ,newoortbgMhca.gpv APPROVED. TITLE: I& Street Pump Station and Dolphin and Tamura Water Wells improvements — Award of Contract No. 5196 ABSTRACT: Staff received favorable construction bids for the 16t' Street Pump Station and Water Well Energy Efficiency Improvements and is requesting City Council's approval to award the contract to SCW Contracting Corporation. 1. Approve the project drawings and specifications. 2. Award Contract No. 5196 to SCW Contracting Corporation of Fatibrook, California, for the total bid price of $773,410.00 and authorize the Mayor and City Clerk to execute the contract. 3. Establish a contingency of $77,000 (10 percent) to cover the cost of unforeseen work not included in the original contract. 4. Authorize the Mayor and City Clerk to execute Amendment No. 2 to Professional Services Agreement with Dudek and Associates of Encinitas, California„ on a form approved by the City Attorney, for additional construction support services for not -to -exceed additional fee of $15,580. I of 4 16th Street Pump Station and Dolphin and Tamura Water Welts improvements Award of Contract No. 5196 May 28, 2013 Page 2 FUNDING REQUIREMENTS: The CIP budget for FY 12113 contains $330,000 in funding for this project. Sufficient additional funding is proposed in the CIP budget for FY 13/14. In addition, the Southern California Edison Company (SCE) is providing an energy conservation rebate for this project of $253,786. The following funds are planned to be expensed: Account Description Water Enterprise — Pump Station and Well Site Improvements Contributions — Pump Station and Well Site Improvements Proposed fund uses are as follows: Vendor SCW Contracting Corporation SCW Contracting Corporation Dudek DISCUSSION: Account Number Amount 7523-06002013 $612,204.00 7251-06002013 253,786.00 Purpose Amount Construction Contract $773,410.00 Construction Contingency 77,000.00 Const. Support Services 15,580.00 Total $866,950.00 The City's groundwater delivery system conveys groundwater pumped from four (4) existing wells in Fountain Valley to the 16th Street Reservoir. The 16tt' Street Pump Station pumps water from the three (3) million gallon reservoir into the water distribution system to meet demands and to Big Canyon Reservoir (BCR) for storage. The City, in cooperation with Southern California Edison (SCE), recently performed an energy audit of its current water wells and 16th Street pump station and found that significant energy savings could be realized if pump motor and drive shaft improvements were done at both the wells and the I(P Street Pump Station. The City engaged the design services of Dudek and Associates to conduct a preliminary evaluation of the water wells and le Street pump station to detemnine the necessary improvements. The following improvements were recommended to meet the energy saving project objectives: A. 16th Street Pump Station Project Objectives: Improve the pump station's overall energy efficiency by replacing the solid state soft start motor controllers of the two (2) pumps with variable 2 of 16"` Street Pump Station and Dolphin and Tamura Water Welts Improvements Award of Contract No. 5196 May 28, 2013 Page 3 frequency drives. This will eliminate throttling of the pump control valves (PCV's) thus saving electricity and reducing the City's electric utility costs, Install two new vertical turbine pumps at a lower horsepower but at a faster revolution per minute to improve efficiency. B. Dolphin and Tamura Water Well Project Objectives: Replace each well site's solid state soft start motor controllers (two at each site) with variable frequency drives. This will eliminate throttling of the pump control valves, thus saving electricity and reducing the City's electric utility costs. Replacing the soft -starters with Variable Frequency Drives (VFDs) will improve operational efficiency and reduce energy consumption by eliminating throttling of the PCVs. Because of the dramatic energy savings, Southern California Edison (SCE) will provide an estimated $250,000 in rebates if the City proceeds with the project. In addition, the on-going annual energy savings of the completed project will allow the City to recoup its investment in less than three (3) years. Dudek was authorized to prepare contract documents to accomplish the project objectives noted above. Those documents were completed earlier this year and bids were solicited. At 10:00 A.M. on May 7, 2013, the City Clerk opened and read the following bids for this project: The low total bid amount is 9.1 percent below the Engineer's Estimate of $850,000. The low bidder, SCW Contracting Corporation, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of installing six (6) new variable frequency drives (VFDs) on the City's four wells and two of the five pumps at the 161h Street Pump Station. In addition, two new energy efficient pumps will be installed at the 16th Street Pump Station. 3of4 BIDDER AS -SID AMOUNT Low SCW Contracting Corporation $773,410.00 2 Arhaz Engineering $777,000.00 3 Southern Contracting Company $785,900.00 4 Newest Construction $807,000.00 5 MEG Mass Electric $1,003,000.00 The low total bid amount is 9.1 percent below the Engineer's Estimate of $850,000. The low bidder, SCW Contracting Corporation, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of installing six (6) new variable frequency drives (VFDs) on the City's four wells and two of the five pumps at the 161h Street Pump Station. In addition, two new energy efficient pumps will be installed at the 16th Street Pump Station. 3of4 16tH Street Pump Station and Dolphin and Tamura Water Wells improvements Award of Contract No, 5196 May 28, 2013 Page 4 Construction Support Services A Professional Services Agreement (PSA) with Dudek and Associates was executed in August 2012 that included preliminary design for the water wells and 16th Street Pump Station and final design efforts for the water wells only for a total fee of $87,460. It was determined that it would be more cost effective to complete the 16th Street Pump Station improvements in concert with the wells, Amendment No. 1 to the PSA was executed in February 2013 to Include the necessary contract documents for the 16th Street Pump Station and increased the compensation to $119,420. The original PSA included some minor construction support assistance. However based on the final completed design, additional construction support services are needed to complete this project. Upon City Council approval, Amendment No. 2 to the Professional Services Agreement with Dudek and Associates will be prepared on a form approved by the City Attorney to Increase the total not -to -exceed compensation to $135,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 Class 2 (c) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment as the project is a replacement of existing utility systems involving no expansion of capacity. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Prior to implementation, staff intends to notice adjacent schools, churches and businesses. Public Works Director 4 of AMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR DOLPHINITAMURA WATER WELLS & 16r" STREET PUMP STATION VARIABLE FREQUENCY DRIVE AND MOTOR IMPROVEMENTS THIS AMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of the _U-.JfIday of Nevemberf w -UW 2?,18j 2642, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and DUDEK, a California corporation ("Consultant"), whose address is 605 Third Street, Encinitas, CA 92024, and is made with reference to the following: RECITALS A. On August 23, 2012, City and Consultant entered into a Design Professional Services Agreement ("Agreement") for professional engineering services for the Dolphin/Tamura Water Wells and 16th Street Pump Station Variable Frequency Drive and Motor Improvements ("Project"). B. City desires to enter into this Amendment No. One to increase the scope of work, extend the term of the Agreement to June 30, 2014, and to increase the total compensation. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement shall be supplemented to include the Additional Services, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain tasks of the Services To Be Performed at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: 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 contained in Exhibit B of the Agreement, Consultant's compensation for all DUDEK 1 Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Nineteen Thousand Four Hundred Twenty Dollars and No/100 ($119,420.00) ("Total Amended Compensation") 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. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One in an amount not to exceed Twenty -One Thousand Nine Hundred Sixty Dollars and No/100 ($21,960,00). 4. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOFNEY'S OFFICE Date: \I t[ %r'�- Aaro'E'--'Harp it 2a City Attorney ATTEST: Date: c By: I U' Leilani I. Brown City Clerk -�R- � wr p iz P '. ; 0 CITY OF NEWPORT BEACH, a California municipal corporation Date: z1-tko� By: - Dave KY City Manager CONSULTANT: DUDEK, a Californiaco por ion Date: ?i By: F ud Presi nt Date: 0-- � L( - 12 By: Bob Ofund Vice President / Engineer Practice Manager [END OF SIGNATURES] Attachments: Exhibit A — Additional Services to Be Performed: Request for Additional Authorization No. 1 — Additional Engineering Services for the 16th St Pump Station & Dolphin/Tamura Wells Upgrades Project, dated 11/7/12 DUDEK 3 EXHIBIT A ADDITIONAL SERVICES TO BE PERFORMED DUDEK A-1 .. UDEK 31970 CAMINO CAPISTRANO, SUITE 200 SAN JUAN CAPISTRANO, CALIFORNIA 92675 T 949.450.2525 F 949AS0.2W November 7, 2012 Ms. HIS Lee, P.E. City of Newport Beach Public Works Dept. 3300 Newport Blvd Newport Beach, CA 92663 7450-1 Subject: Request for Additional Authorization No. I — Additional Engineering Services for the f 6 A St Pump Station & Dolphin/Tamura Wells Upgrades Project Dear Ms. Lee: As per your request, Dudek has prepared Request for Additional Authorization (RAA) No. I to provide the additional engineering services as follows: Task 1: Provide Additional Analyses for the 116t"' St Pump Station Upgrades We will provide the additional analyses requested which include: revising the hydraulic analyses to include a (5) pump scenario, refinement of the hydraulic calculations with additionally provided information by the City, coordination with the City and Crocus for energy savings and potential rebates for up to (2) alternate pumpinglupgrade scenarios (replacement of 2 or 3 solid state soft starters). This information (and information determined in Task 2 below) and findings will be included in the revised technical memorandum (TM). Cost for Task 1............................................................................................................... $4,565 Task 2: Consultation with Pump Manufacturer's to Identify Pump Upgrades After receipt of all the pump model and serial numbers for all three facilities, we will coordinate with the manufacturer's representative to determine what upgrades are required for each pump. This will likely include coordination to match the existing pump discharge head with the new 1,800 -rpm motor and shaft coupling, removal of several pump stages and potential lengthening of the column/shafting to maintain NPSH requirements, verifying pump can velocities meet industry standards, and development of a list of improvements to be incorporated into the revised TM, drawings, and specifications. Cost for Task 2.............................................................................................................. $3,170 Task 3: Prepare Additional Drawings Three (3) additional drawings are anticipated to incorporate the modifications described herein. The drawings include preparation of basefiles for the 16' Street Pump Station, a 16' Street Ms. Lee, P.E. RAA No. 1 November 7, 2012 Page 2 Pump Station Mechanical Plan, Section and Details. In addition a typical Mechanical Plan will be prepared for both Well facilities. The plans will removallreplacement of check valves and piping, motor upgrades, pump modifications, and other miscellaneous details. Cost for Task 3............................................................................................................. $10,925 Task 4: Prepare Specifications and Special Provisions to Include 16`h St Pump Station Upgrades The specifications and special provisions will need to be augmented to include the pump, piping, valving, and other miscellaneous upgrades at all (3) facilities. In addition, the 16`h Street Pump Station Upgrades will also need to be incorporated into these documents. Cost for Task 4............................................................................................................... $3,300 Cost Summary The total amount of RAA No. 1 is $21,960. Please do not hesitate to contact myself (949.439.6420 or e-mail: nharper(@,dudek.com) with any questions or concerns that you may have regarding this variance request. Sincerely, Neil Harper, P.E. Project Manager Dudek cc; Bob Ohlund (Dudek) Attachments: Fee Estimate DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DUDEK FOR DOLPHIN/TAMURA WATER WELLS & 16TH STREET PUMP STATION VARIABLE FREQUENCY DRIVE AND MOTOR IMPROVEMENTS 1 THIS AGREEMENT IPROFE SIONAL SERVICES ("Agreement") is made and entered into as of this r day of MAN Id d 2012 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a/California Municipal Corporation ("City"), and Dudek, a California corporation ("Consultant"), whose address is 605 Third Street, Encinitas, CA 92024 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide professional engineering services for the Dolphin/Tamura Water Wells and 16th Street Pump Station Variable Frequency Drive and Motor Improvements ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Bob Ohlund, P. E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31. 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ninety Seven Thousand Four Hundred Sixty Dollars and 00/100 ($97,460.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. Dudek Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to amity at all reasonable times during the Agreement term. Consultant has designated Bob Ohlund, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Iris Lee, Senior Civil Engineer or her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 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. Dudek Page 3 7.1.3 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, 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 Dudek Page 4 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. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Dudek Page 5 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 subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Dudek Page 6 17.3 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff files 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 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 the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's 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 consultant or 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 or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Dudek Page 7 22. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. l m*�TItl III I: I: [*] NQ V1 15061 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. 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 Section 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 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless Dudek Page 8 City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3323 Fax: (949) 644-3318 27.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Bob Ohlund, P.E. Dudek 31878 Camino Capistrano, Suite 200 San Juan Capistrano, CA 92675 Phone: (949) 450-2525 x4311 Fax: (949) 450-2626 28. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 of seq.). 29. TERMINATION 29.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are Dudek Page 9 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. 29.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 30. STANDARD PROVISIONS 30.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 Waiver. A waiver by either parry 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. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. Dudek Page 10 30.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 30.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Dudek Page11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST/a,/ Date.-- By: ate: By: Leil I. Brown i City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: %j7,zj12 Dave iff City Manager CONSULTANT: Dudek, a California corporation Date: tj By: n <`l�ude PPrent -- --- _-- - Date: By: B*o�bl Vice President/Engineering Practice Manager [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements documentl Dudek Page 12 EXHIBIT A SCOPE OF SERVICES Dudek Page A-1 DETAILED SCOPE OF WORK PROJECT BACKGROUND The City of Newport Beach (City) owns and operates two water production well sites - Dolphin and Tamura (Wells) that were constructed in 1996. The water pumped from these wells is conveyed through a seven -mile long, 30 -inch water main to the City's three -million gallon "16' Street Reservoir." A booster station, 16tb Street Pump Station" pumps the water from this reservoir into the City's distribution system and up to Big Canyon Reservoir. An existing hydraulic diagram of this system is illustrated in Figure I. DOLPHIN & TAMURA WELL SITES The "Dolphin" (Located on Dolphin Avenue) and "Tamura" (located near the Tamura Baptist Church) well sites, located in the City of Fountain Valley, supply approximately 65 percent of the City's domestic water. The sites are identical to each other, with each building housing one (1) deep well with a 400 -hp pumping unit, and one (1) shallow well with a 250 -hp pumping unit. These well pumping units cycle on and off based on City's water demand. The discharge pressure in the sites' 24 -inch manifold and 30 -inch transmission main vary based on the number of well pumps in operation at a given time. An existing Supervisory Control and Data Acquisition (SCADA) system tracks the sites' pressureand flow data, and directs the system to produce a consistent flow and maintain efficiency by running within the pump design curve. This is accomplished by employing a globe style well pump control valve (Cla-Val 40-01 rate of flow control valve) with an orifice plate that automatically adjusts to a predetermined setting to provide a constant flow; however, this method dissipates large amounts of energy with each adjustment This "burning head" is not only inefficient, but creates extremely high pressure between the well head and the flow control valve. 16T" STREET PUMP STATION The 16' Street Pump Station houses (5) 350 -hp large frame 1200 -RPM motors each connected to a 2400 -GPM pump that transfers water from the 16' Street Reservoir into the City's distribution system. The existing SCADA system monitors reservoir level, discharge pressure and flow from the station, and then engages the necessary number of pumps based on the system demand. A Cla-Val pump control valve installed immediately after the pump regulates the flow rate and discharge pressure in which water enters the distribution system. Pressure and flow reduction is achieved through valve closures when distribution demand lowers, resulting in inefficiencies, similar to the Wells. The City will be increasing the pump capacity from 2400 -GPM to 4000 -GPM by replacing the existing motors with a new 300 -hp motor capable of 1775 -RPM. To further increase efficiency, the City desires to replace the soft -starters and associated control units with VFDs. DUDEK Dolphin/Tamura Water Wells & 16' Street Pump Station Detailed Scope of Work FIGURE I. EXISTING HYDRAULIC DIAGRAM DOLPHIN AVE. 24' DISCHARGE PIPING WELLS BIG CANYON RESERVOIR IISYSTEM 169, ST. - PUMP STATION SYSTEM 16th ST. RESERVOIR TAMURA 340" TRANSMISSION �S 30" TRANSMISSION MAIN MAIN 24' DISCHARGE PIPING 36' RESERVOIR OUTLET/ PUMP STATION SUCTION PIPING FIGURE I EXISTING HYDRAULIC DIAGRAM DUDEK DUDEK Dolphin/Tamura Water Wells & 16'h Street Pump Station 2 Detailed Scope of Work The motors at the well sites and the 16' Street Pump Station are operated via soft -starters manufactured by Saftronics. Although the starters have been functional over the past 16 years, the City now desires to upgrade these starters to Variable Frequency Drives (VFDs) to improve operational efficiency and reduce energy consumption. Scope and Methodology Based on these objectives, the scope of work (SOW) will generally consist of, but not be limited to, the following: Task I: Provide a complete Evaluation, Plans, Specifications, and an Estimate (PS&E) for the replacement of the motors and soft start motor controllers with upgraded motors (if required) and VFD's at the Dolphin and Tamura well sites. There will be a preliminary design evaluation to confirm whether it is economical to upgrade all (4) wells with VFDs. The design is anticipated to include replacement of the current equipment (motors and soft start motor controllers) with VFDs and VFD compatible motors, wiring, development of a theory of operation, and providing necessary improvements to accommodate the project goals. Bidding and construction phase services will also be included. Task 2: Provide electrical plans to replace the motors and motor starters for VFD operations at the 16' Street Pump Station. The City (with confirmation from Dudek) will specify the motors, pumps, and VFDs for this site. The plans will be prepared for City staff to construct the improvements and will not be prepared for competitive public bidding. Dudek has reviewed the City's RFP for this project and we concur with the City's Scope of Work (SOW) published with the RFP. Moreover, we are providing further definition and quantification in accordance the RFP, and, as requested by the RFP we have comingled our proposed methodology with the SOW. DESIGN SERVICES FOR DOLPHIN AND TAMURA WELL SITES A. Kickoff Workshop and Technical Memorandum for Dolphin and Tamura Wells Improvements Dudek will hold a workshop/kickoff meeting with City Staff (Engineering and Operations Staff) to develop a consensus on the necessary improvements and develop a conceptual framework for the "Theory of Operations". During the course of this workshop we propose to visit both Well Sites and the 16' Street Pump Station to locate/position the VFD's. Based on discussions with the City, several models of VFD will be considered, and, the VFDs will not have a bypass starter. Further, discussions will include layout, interface with the existing motor control center/conduits/wiring/motors/field devices/etcetera, and construction phasing/constraints. Other workshop discussion items with the City will include confirmingtrefining the operational objectives of the City so that Dudek can develop a preliminary framework for the "Theory of Operations". As part of our preliminary design activities, we will review the well pump curves, historical well/drawdown levels and system curve to confirm the need for the VFDs or whether another improvement could be implemented to conserve the project budget (i.e. remove one stage of the DUDEK Dolphin/Tamura Water Wells & I6' Street Pump Station 3 Detailed Scope of Work well pump to conserve energy and maintain the constant speed operations). An economic analysis will be conducted and the desired option will be selected. In addition to confirming (and selecting) the new VFD's/Motors, developing the preliminary framework for the "Theory of Operations'. Dudek will identify and develop other miscellaneous improvements needed to accomplish the objectives outlined herein and identified in the workshop. These improvements may include but are not limited to the following: a Remove existing orifice plate and replace pipe spools (or insert a full size flange filler in place of the orifice plate) a Modify the pilotry on the existing well pump control valves from a rate of flow control valve to a basic full open/close type check valve. This modification will eliminate significant pressure drop and the "burning head" control strategy currently employed. It will greatly improve the facilities efficiency by reducing the hydraulic loss across the valves to negligible levels as presented in the following table: TABLE I. WET WELL DATA Dolphin Shallow Well *Flow Rate Range claw =2,300-gpm I Q,isn=2,700-gpm Valve Size inches 12 cv 1725 --pressure Loss(psi) 1.8 2.4 Deep Well "Flow Rate Range Qow- 2,500-gpm Q,;en= 3,500-gpm Valve Size inches 16 Q 3130 --Pressure Loss (psi) 0.6 1 1.3 Tamura Shallow Well "Flow Rate Range Qaw=2,000-gpm Q,ieb=2,600-gpm Valve Size inches 12 c, 1725 "Pressure Loss(psi) 1.3 2.3 Deep Well •Flow Rate Range Q_=2,900-gpm Q,sa=3,500-gpm Valve Size (inches 16 cv 3130 --Pressure Loss psi 0.9 1 1.3 •Flow Rate Range eased on Original Rid Oats by City of Newport Beach. These must be vedjiedprior to design "Pressure Loss Amoss Existing Fully Open Control Valve (Cha-Va140-01(valve body is 10tl 01 Hytmt Valve per Cha. Vag based on C, data by Cla-Val C During pre -design we will evaluate the ventilation capabilities of existing facilities, existing heat loads from the motors/starters/etc., identify any new heat loads (VFD's and different motors), and whether the existing ventilation system is sufficient or deficient. Upon concurrence by City Staff, Dudek will prepare a technical memorandum memorializing the workshop and subsequent findings/progress; listing the proposed improvements; pertinent calculations; and catalog cut - sheets of the new VFD's, Motors, Cla-Val modifications/diagrams; preliminary framework for the "Theory of Operations"; and a cost estimate. During the course of preparing our proposal we consulted with several VFD vendors and programmers. Based on our experience and their input/feedback we have developed the following approach and preliminary framework for a potential "Theory of Operations": a Review/confirm operating objectives and constraints with City Staff Review pumping and hydraulics (pump curves, reservoir levels, on-site and transmission main hydraulics, well levels (shallow vs. deep, seasonal static water fluctuations, drawdown vs. flow rate) Develop initial estimated pumping speeds based desired flow rate ranges and number of wells operating simultaneously. Detailed Scope of Work Develop preliminary "Theory of Operations" framework which may include the following con cepts/principles: - Consider operating each well pump within a flow rate range centralized about a target flow rate (e.g. Target Flow Rate = 2,500-gpm, therefore the flow rate range could be 2,400-gpm < Q < 2,600-gpm. The pump would not modulate as long as it was operating between 2,400-gpm and 2,600-gpm. This operating range could be tightened down to a 100-gpm operating range instead of a 200-gpm operating range). This approach will moderate hydraulic fluctuations in the 30 -inch transmission main and other piping facilities and mitigate potential hysteresis of the system. Consider elongating the feedback loop (i.e. increasing the time between pump speed adjustments) to allow the system hydraulics to arrive at a steady state condition. Not allowing the system hydraulics to stabilize could cause significant hydraulic fluctuations and possible system hysteresis. The "Theory of Operations" for the Dolphin and Tamura Wells will be developed and incorporated into the construction bid documents. However, the City should consider allocatingbudget for fine-tuning of the system and programming during construction start- up. B. Dolphin and Tamura Wells Design Dudek will prepare a complete set of plans per Section F and provide the submittals per Sections I and J. In addition, we will prepare construction specifications per Section G and an opinion of probable construction cost per Section H. An approved "Theory of Operations" will also be developed and included in Division 17000 of the construction specifications. These documents will be provided to the City for incorporation into a competitive public bidding package for their advertisement. C. 16th Street Pump Station Electrical Design Dudek will review the City's proposed motor selection and pump modifications to increase each pump's design flow from 2,400-gpm to 4,000-gpm. This review and the VFD evaluation/selection will be memorialized in a design memorandum for the City's review and comment. As part of work at the 16`^ Street facility, Dudek will prepare the electrical plans based to replace the existing well pump soft starters and motors with the selected VFD's and motors. In accordance with the RFP, we have included a separate budget to prepare the 75 percent, 90 percent completion level and Final Mylar packages (plans only) similar to progress submittal packages in Sections I and J. D. Project Management We have included sufficient budget for all project management activities during design phase including coordination with City staff, and detailed design coordination with our subconsultants. Our project team is familiar with the amount of effort required to undertake and manage a project of this scope and technicality. E. Team Meetings Dudek will schedule and lead meetings with the City to assure that all design, operational, and maintenance issues are addressed. We will prepare each meeting's agenda and provide meeting minutes and action items. A total of up to eight (8) meetings are anticipated. F. Construction Plans Dudek will prepare detailed construction drawings in the latest City adopted version of AutoCAD using the City's drafting standards. Each drawing shall be on City standard 24 -inch by 36 -inch bond sheet Our proposed design services and will include the requisite plans, sections, and details of the project including all Detailed Scope of Work appurtenances and miscellaneous improvements. In accord with the RFP, a preliminary anticipated drawing list is included in Section I and separate by Task (I & 2). G. Construction Specifications We will prepare written specifications based on Green Book based on a Master Template provided by the City (Dolphin and Tamura Wells only). Our design team members recently completed a similar specification package for the City on the Rehabilitation of (5) Wastewater Pump Stations project We will supplement the City's Green Book based Master Template with technical specifications as required for the piping modifications, VFD's, motors, wiring, conduits, switches, PLC modifications, etcetera. H. Cost Estimate As requested, Dudek will prepare an opinion of probable construction cost estimate, which shall be the basis of the Engineers estimate sated in the bid documents (Dolphin and Tamura Wells only). I. Progress Submittals During the design phase Dudek will prepare and submit interim progress submittals to the City for review and comment. Progress submittals will be comprised of (3) full-size hard copies of both the drawings and specifications and shall be submitted at the 75 -percent and 90 -percent completion levels as follows: 75 -Percent Design Review: We will submit a 75 -percent design submittal consisting of drawings and specifications. Drawings shall include, as a minimum, all major plans and sections developed and portion of details developed. Specifications shall include table of contents and major specification sections substantially completed. 90 -Percent. Design Review: Dudek will submit the 90 -percent progress submittal that will include drawings, specifications, and engineer's opinion of probable cost estimate. All City comments from the 75 percent progress submittal shall be addressed or resolved. Drawings shall have all plans and section complete and all details substantially completed. Specifications shall be completed with only minor coordination issues outstanding. The 90 percent progress submittal shall include engineer's opinion of probable construction cost estimate on the contractor's bid proposal form with detailed backup. Dudek has included a preview meeting for each submittal with the City and has allocated a (2) week City review period in the proposed project schedule. We propose the following list of drawings for Dolphin and Tamura Well Improvements Project: TABLE 2. DRAWING LIST FOR THE DOLPHIN AND TAMURA WELL IMPROVEMENTS 1 Title Sheet. 2 Lei of Drawings Abbreviations, Location and Vicinity Maps, and Legend --- - - — 3 Electrical Standard Symbols and Abbreviations 4Dolphin. Power Plan 5 Tamura Power Plan 6, Single Line Diagram/ElevationslSchedules -- - - - — 7 MCP Control Modifications 8 VFD Control Diagrams- - - --- - - - -- - -- -- 9 Demolition Plans/Details We propose the following list of drawings for the 16°i Street Pump Station Improvements Project: Detailed Scope of Work TABLE 3. DRAWING LIST FOR THE 16TH STREET PUMP STATION IMPROVEMENTS 1 Title Sheet 2 List of Drawings, Abbreviations, Location and Vicinity Maps, and Legend 3 Electrical Standard Symbols and Abbreviations 4 Pump Station Power Plan 5 Single Line Diagram/Elevations/Schedules 6 MCP Control Modifications 7 VFD Control Diagrams 8 DemolNonPlanslDetails I Final Submittal We will develop and submit a Final submittal consisting of drawings (as listed in Section 1), specifications, and engineer's opinion of probable cost estimate. The drawings and specifications shall be stamped and signed by a professional engineer of the appropriate engineering discipline and registered in the State of California. In addition, the Final submittal will address or resolve all City comments from the 90 -percent progress submittal. Inclusive in our proposal and budget is a meeting with the City to obtain their approval and explain or answer any remaining questions/issues. Upon resolution of all City review comments, the final signed drawing set to be submitted to the City for approval will consist of a Mylar title sheet and bond plots for the subsequent drawings. In addition, Dudek will submit the final electronic files to the City on two separate compact disks as follows: AutoCAD files of the entire construction drawing set A single PDF file of the entire construction drawing set. BID PERIOD SUPPORT DOLPHIN AND TAMURA WELLS ONLY) Dudek will provide the following services during the bidding phase of this project: A. Consultation Based on the City's input, Dudek will provide as -needed and authorized consultation. CONSTRUCTION ENGINEERING SUPPORT (DOLPHIN AND TAMURA WELLS ONLY) Dudek will provide the following services and deliverables during the construction phase of this project A. Project Meetings Dudek has allocated budget to attend two (2) two-hour project meetings during the construction period. In accordance with the City's request, the City's PLC programmer will be in attendance for one of these (2) meetings to refine/discuss the "Theory of Operations". B. Shop Drawing and Submittals Dudek has allocated budget for (2) reviews of the shop drawing submittals pertaining to the VFDs. ASSUMPTIONS, CLARIFICATIONS, AND EXCLUSIONS o The Contractor or the City will be responsible for any SCADA or RTU programming modifications. Dudek will develop the "Theory of Operations" and identify whether additional Detailed Scope of Work 1/0 cards (If needed-- VFDs often communicate with the PLC via a serial cable) are required for the on-site facilities. a MID drawings and PLC loop drawings were not requested nor included in our proposal. o It is assumed that the meetings and other project management tasks for the 16' Street Pump Station will be held/performed concurrently with our Dolphin and Tamura Well project engineering services. e During our pre -design activities we will evaluate the ventilation capacities of existing facilities, existing heat loads, identify any new heat loads (VFD's and different motors), and whether the existing ventilation system is sufficient or requires modifications. Based on the information provided, we have not included any design modifications to the existing HVAC systems. a As per the RFP, a Greenbook specification package, opinion of probable construction cost, "Theory of Operations", and bidding/construction services for the 16" Pump Station would be included in a separate design contract. Day of No.,.. Beach OOlphlnRamun Watts Wells & 16th Street Pump SWllon Project Schedule In\llama Duralbe Han InNah101 on _ _ �W �.._3 _ nuf.� kP._ al_._ _P., _ _Wc— _ _.Ian. _ —Fee_ Netice to pmcxd Oears Far 0%3/11 11.0/3/I2 ha P,",,I,n lot Dalphln a Farm. Well, 11 dap Men 816/13 Men 9/3/12 DO.r IWarkihop 1day MOn R/6/la .SIG/I2 Selaat VFD'F and Mmser 10 days Tma0/2/12 Monq/20/32 bran, MhMllrese, hnpmyemann lPiran, W -Val Foods car) 10 dans Troy 8/3/12 Man012011E 1 Owtl., pallmimey Fnmewoh tart..a., of OPnallon' lad., Tue 5/1/12 Mon 0/27/11 Plonure Inch Memo IO dap Too O/al/l2 Mon9/3/12 Submll Tech Memo 0do,, MOn9/3/12 MOn9/3/12 ^D/3 pals. of olphin O Tama. Wells 30 days Weal a/ss/32 Twin/30/I2 1 Prepare 25% ouallm Plans and Specs Near, Tua 9/a/12 Man 10/912 Submit S% Emen PaWan, lPOna and Space) 0days Mon 10/1/12 Men 10/1112 ryap/t Cry Randy, 140ap Tua 10/2/12 Mon 10/15/1a •®• Pmpere9O% Doliln, Pram; So.. and Eadam a 15drys Tue IO/I6/12 Mo. ll/$/12 �1 Subr1l 90%ocean Package (Poor, Specs and Eslimale) ploys Mon 11/912 Mon 11/5/12•Ili /S a, Rarieya lodep 1, 11/013 Mon 111191E q Planar* Final Oetign, Plans and Space lOdap Too IInC112 Mon 1213/12 ®t Submll12.010eegn Peral. lPlam, $poll one Eellmmal 0days Mon 12/3/12 Mon 12/3/13 •I1Ua D.IBn of Dolphin h Tunarn Was, Cnmplele: od., Man 1213/12 Mon 1210/12 �1Aa Old Ph... 2S do,, Tua l2/c/la Men l/a/13 Bid Pe11o0Support Services 25dap Tue IU1/12 We U3/13 1 [amlmalan phase 150 days Wad 11/28/12 To. 6125113 1 _ Proper M<eMp 130 do,, Tua 1/0/13 Mon 7/8113 $hop Damn, antl Submltul ass.- add.. Tue 1/0113 Mon U</13 l ONar WO'a Oda, Mon 214/13 Mon U4111 For. liberals and 0e1'ner WIV, Be days Toa 2/5/13 Mon S/12/13 2 POcaIrO VFo'1 0days M045/17/13 Mon 5/37/13 ♦a/a Imall VPO's 20 do,, Tua 5/20/13 Man 6/2./13 I Cmrlmcllon of Dolphin b Tamura Wells ComplobO day. Mon 6/20/13 jean 6124/13 S9 PlnpNgn and barren Servlet her 16th 51 Pump Siston PB day, Na3/1e/Ia Too 21/20/11 I Preliminary layout and nasi!. al Mamr Sabalon and Pump 2. dear Man 8/6/13 Id 8131/11 apertures Prepare 15% Penn shears Tung/4112 Mon 10/1112 submit a5%Phm aches Mon 10/1/12 Man 10/912 IN, Gly..inw lodes 1..10/1/I2 Mon 10/15/12 Prepare 905 Plan, Iselin Tun 10/16/12 Mon 11/5/13 1 Submll 10% Plans Oda, Mon 11/5/12 Mon 11/5112 •AWS Cay Rine'. today, .11 UNR Mon 1919/11 �a Paean Final Pians 10&" Tu, IVZO/12 MOO 11/912 1 Submit Final Plans Oda, Mon IV3/12 Mon 1213/12 •,11/3 Deal'. 011631 Ul Pump Yla110n hepr0a0mOn15 fl 6"" Mo. 12/Y/13 Mon 11)$11) 2213 l;emptalo Con,... ban Phar. 119 dap tae.N.NU an a/e/13 Shop ornving and iubastal Raluner --- 2oea, 1"10116112 Mon IU1U12 Order VID5 Oda" Man 11/12/12 Mon I2/I U12I iWll Pobrl[m0 and bFbr.IVlVI ebwvi Iha 1913/Sa Mon 3/</15 1 patch. War 0&" Man alerts Man 3/1/13 •p,"�. mass VMS raday, rue 315/13 MOn QVI3 I Con011ucDon of 1601 PS Imploa namet. Complete 0 day., Mon 41B,13 Me. 410113 j .7-1. - �� IaaF Summlry Ln<rnal Mlleitane O Ina[lhelummary P O Manual5ummaryPUlNp nnlNeMy ] [nll.ISpin ................. Inner,al1OIn1.",a,1 3140 ................. Parts, corners, smotheTak '.Manmal Tab®Mauae—ey N Otealn picenon MWtan! • lrtamal 131st eh.Mlknrne a puealbnaNY panoNa [ CNiul DUDEK EXHIBIT B SCHEDULE OF BILLING RATES Dudek Page B-1 City of Newport Beach Dolphlnlfamura Water Wells It 16th Street Pump Station DUDEK FEE ESTIMATE 7/17/2012 0•.Iphin mJ Tamn:a Wpll Silee•Un419n 5ar��rsb 1 1.. on Hai il�l - zu DUDEX I C I. � LEIK I=ga, gabor= TOTAL I OTHER DIRECT _ I A. Kkk.oll Workshop and ToohAcal Memorandum 6 1 32 16 55 $ 9.075 30 $4,800 85 $ 50 $ 13,925 S. Dolphin and Tamura Wella Design 1 6 4 13 $ 2.105 16 52.300 29 6 $ 4.405 C. ism Susan Puny Slogan Electrical Design (sea saparvla Ivo radio bela%I S 2A10 $ W 60 E 100 f $ D. Project Mana9am001 and Coordination 3 12 15 $ 2.775 8 S1A00 23 54,]00 $ 4.175 E. Team Mauling, (Up la 9) 4 16 20 $ 31700 12 $2,100 32 $ 320 $ 6.120 F. Construction Plana 1 12 30 43 $ 5.925 fi4 $9.900 107 $ 15,825 G. Conauadbn Sp irsaliona 1 20 20 41 $ 8.125 20 $3.200 61 $ 9,325 H. can! Estimate 6 6 12 $ 1.770 a 51.400 20 $ 3,170 !. Prograao SuIrm als(76%$9p%) 1 6 20 2 29 $ 3.815 6 $1,200 37 $ 200 $ 5,215 J. Final Subminal 6 6 1 15 $ 2,090 4 5600 19 $ 100 $ 2.790 Bubloal0aapn Servlcva 16 2 118 164 3 243 S 3>,390 170 IS 26,900 1 413 1 $ 670 $ 64,950 Ddphin and T3mum Well Sales- aid Peas Suppor, A. Consullatiun i 1 3 1 1 3 $ 5251 6 1 $975 1 6 $ 1,500 Subtotal Bid Period Supponj 1 1 3 1 3 S 5251 8 1 S 9751 9 1 9 S 1,500 Dahhihsom Tam.,. wall aii0a-Cans{mGio`n Cagle ... an, sum., l T A. Project Maa0nga(2) 1 d 1 1 4 1 $ 7001 6 1 $1,025 1 10 $ 160 $ 1,865 B. Shap Dm%1ng v�M Subminnls(VFDS Only) 2 2 S 350 8 51.200 10 S 100 $ 1.650 SubI..Icmvuucllnn Eaginaotlng Supaort 6 6 5 1,050 14 $ 2.215 20 5 18D $ 3,536 Pa.", of Haurn: 6% 15: 50% 41% 1% 100% blh$.morPumm [cotton- TechnicalMemorandumrVFD,motor Belection, and rovi0wl 4 1 24 12 41 $ 6,745 6 S1p00 49 5 8,145 75% Submlllal Plans) 6 8 14 S 2A10 40 $Sy50 60 E 100 f 8,060 90%Subminal Plans 6 B 14 b 2,010 32 54,]00 46 $ 100 $ fi,810 Final Suhmlllal(Plums) 8 B id $ 2,010 18 $2850 30 $ 100 S 4,460 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Dudek Page C-1 1.3.4 Professional LiabilitV (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of Dudek Page C-2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 TimelV Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Dudek Page C-3 A�®�®' CERTIFICATE OF LIABILITY INSURANCE I-13 DATE 1Dan4nQlz120 �`" THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN. THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policylles) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an°ndomem°nt. Astat°ment on this certificate does not confer rights lathe certificate holder in lieu of such endorsement(s). PRODUCER Phone: (380)59&3700 Fac (360) 598-3703 MICHAEL J. HALL & COMPANY; AIE INSURANCE SERVICES CO E"CT MICHAEL J. HALL & COMPANY (360) 598-3700 At (360) 598-3703 E4aAR 99660 10TH AVENUE N.E.DO POULSBO WA 98370 ` PRODUCCEE R . 25 B — --— _ INSURER(S) AFFOROING COVERAGE NAIC0 Lia: 0792445 __Agency INSURED Dudek 605 3Rd Street INSURERA American Automobile Insurance Co. 21849 INSURER : Greenwich Insurance Company 22322 INSURER . Encinitas, CA 92024-3513 INSURERD I INSURER E INSURER g 100,000 COVERAGES CERTIFICATE NUMBER: 165962 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, Cl USIONS AND CONDITIO S. LIMITS SHOWN M6Y-EAVE RrFN REDUCED BY PP Q CLAIMS eGR LIR TYPE OF INSURANCE AUDI ,NSR SUBRI yryO, POLICYNUMBER POLICY EFF u.WYYYY) POLICY UP .."DIVITTYI LRARS A mNowL DABIUTY Ashley L. HurdZ_� MZG80933786 08128/11 08/28112 EACH OCCURRENCE 3 11000,000 X COMIAERCIALGINERALLIABUTY CLAIMS -MAGE I XIOCCUR I � EToREIMD1ei g 100,000 MED. EXP (Any wa Pasco) g 10,000 PERSONALSADV INJVRY S 1,000,000 X OCP.XCU.BFPD GENERAL AGGREGATE g 2,000,000 GEN. AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 3 2,000,000 POLICYI X PRO- LOC g A AUTOPABILE X LIABILITY ANY AUTO ALL OWNED AUTOS MZG80933788 - 06128/11 08128112 COMBINED SINGLE LIMB (Es accident) $ 1,000,000 BODILY INJURY(Pel person) S BODILY INJURY (Por accidem)I $ 1X SCHEDULED AUTOS , PROPERTY DAMAGE X HIRED AUTOS I(Per SwIdent) _ $ X NON -OWNED AUTOS S Ded: Coma -$1,000 _ $ A UNBPELLA LwB X OCCUR CGX57621732 08/28/11 08/28112 EACHOCCURRENCE g 1,000,000 AGGREGATE g 1,000,000 EXCESS Luc CWMS-MADE DEDUCTIBLE g S X RETENDON $ A MRXERS CONPENSATION ANO EMPLOYERS' LUBAATY YIN ANY PROPRIETmUPARTNEILRXBCUTIEE.L OFFICEWMEMBER UCLUM07 ❑ Mon4alary in 1110 DESCRIPTIONOFF [SCRIPTIONOFOPEflATIONSbdow NIA WZC80998622 08128111 08128112 X sr"TV- sY LIMRS I OTM $ EACH ACCIDENT g 1,000,000 E.L. DISEASE -EA EMPLOYEE g 1,000,000 — E.L. DISEASE -POLICY LIMB g 1,000,000 B Pfammicoai U091ty: Claims Made Foun , PECO02403104 08128111 08126112 ;1,000,000 Per Claim Retro Date: 011ution Uabilily. Occurrence I. u J_ I $1,000,00DAggregate Jan.01,1970 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (AUach ACORD 101, Additional Romarhs Schodula. It mom space IF mqulmd) SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION ACUHU 26 (ZUUUIUB) ©1998-2009 ACORD CORPORATION. All rights rem The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The of Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN s Dept. Public Works Dept. is ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Mewport Blvd. AUT -CRAVED REPRESENTATIVE PO BOX 1768 Newport Beach, CA 92658 Attention: Iris Lee, Senior Civil Engineer Ashley L. HurdZ_� ACUHU 26 (ZUUUIUB) ©1998-2009 ACORD CORPORATION. All rights rem The ACORD name and logo are registered marks of ACORD TE I SUPPLEMENT TO CERTIFICATE OF LIABILITY IRIS #155962 A GA142012 I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS Dudek Project #7450 The City of Newport Beach, its officer, officials, employees and agents are Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This Insurance is primary insurance and any other Insurance maintained by the Additional Insured shall he excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella I Excess Liability and Workers Compensation I Employers Liability in favor of the Additional Insured Certificate # 165962 F1eetCovem Endorsement- CA 70 18 10 01 Policy Amendment(s) Commercial Business Auto Coverage Form - Truckers Coverage Form A. Broadened Named Insured as an insured under any other automobile li- SECITON ll -LIABILITY COVERAGE, A ability insurance policy whose limits of insur- a Coverage, 1. Who Is An Insured, the following ihas s have been exhausted or whose insurer has become insolvent. added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority in- terest will qualify as a Named Insured if: (1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Dec- larations of this policy has the responsibility of placing insurance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of Amer- ica. However: (a) Coverage under this provision is afforded only until the next occurring 12 mental anniversary of the beginning of the policy period shown In the Declarations, or the end of the policy period, whichever is earlieri and (b) Coverage under this prevision does not apply to bodily inj6ry or property damage that re- sults fmm an accident that occurred before you acquired or formed the organization; and (c) No person or organization is as insured with. respect to any current or past partnership, or joint venture that is not shown as a Named Insured in the Declarations; and (d) Coverage under A(1), (2) and (3) above does not apply to any organization that is covered B. Broadened Who Is An'lasured 1. Form CA0001 (if attached to this policy), SECTION 11 - LIABILITY COVERAGE, L Who Is An Insured, item b.(2) is deleted, and d is added as follows: d. Your employee while using his owned auto, or an auto owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that auto. 2. Form CA0012 (if attached to [his policy), SECTION 11 - LIABILITY COVERAGE, 1 Who Is An Insured, item b.(2) is deleted, and f, is added as follows: f Your employee or agent while using his owned private. passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto. C. Additional Insured Coverage and Waiver of Subrpgadon Form CA0001 (if attached to this policy), SECTION II - LIABILITY COVERAGE, 1. Who Is An Insured, the following is added as item e.; and form CA0012 (if attached to this policy), SECTION Il - LIABILITY COVERAGE, 1. Who Is An Insured; the following is added as item g.: This Form muss be attached to Change Endorsement when issued after the policy Is written One or the Fireman's Fuad insurance Companies as tamed in au: policy AZA"Olcl 116-0 Se ary president CA7018 10-019 Any person or organization with respect to the operation, maintenance, or use, of a cov- ered auto, provided that you and suchperson or organization have agreed under an ex- pressed provision in a written insured contract or written agreement, or a written permit is� sued to you by a governmental or public au- thority, to add such person, organization, or governmental or public authority to this pol- icy as an Insured. However, such person or organization is an Insured: (1) Only with respect to the operation, maintenance, or use, of a covered auto; and {2) Only for bodily Injury or property dam- age caused by an accident which takes place after- (a) fter (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you. Form CA0001 (if attached to this policy), SECTION IV - BUSINESS AUTO CON- DITIONS, A. Loss Conditions, item 5.; and form CA0012 (if attached to this policy), SECTION V - TRUCKERS CONDI- TIONS, A. Loss Conditions, item 5.; the fol- lowing is added: Waiver of Subrogattom If required by a: a. Written Insured contract or written agreement executed prior to the accident; or b. Written permit issued to you by a gov- ernmental or public authority prior to the accident; we waive any right of recovery Ave may have against any person or organization named in such contract, agreement or permit, because of payments wetnake for injury or damage arising out of a covered auto. D. Auto Medical Payments - Increased Limit For each covered auto described in the Declara- tions or shown in the Schedule as having Auto CA7013 10-015 Medical Payments Coverage, the Medical Pay- ments Limit of Insurance for those autos is revised to the greater of. 1. $5,000; or 2 The limit shown in the Declarations E. Hired Auto Physical Damage Coverage If PHYSICAL DAMAGE COVERAGE is pro- vided by this policy on your owned covered autos, the following applies: Any auto that you Iease, hire, rent or borrow without a driver, will be covered under this policy for PHYSICAL DAMAGE COVERAGE: However any such auto; Will be covered only for the same PHYS- ICAL DAMAGE COVERAGE that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by Ine or lightning; and 3. The most we will pay for any one lass in any one accident is the lesser of the following: Actual Cash Value of the damaged or stolen property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other property of lite kind and quality. In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500. However. 1. If form CA0001 is attached to this policy, this coverage does not apply toautos you lease, hire, rent or borrow from any of your employees, partners (if you am a partnership), members (if you are a limited liability com- pany) or members of their households; and 2. If form CA0012 is attached to this policy, this coverage does not apply to any private Amendmentto Condition 4. Other Insurance - CG 72 53 09 05 Policy Amendment(s) Commercial General Liability The following is added as a second paragraph to Seo- agreed in a written insured contract that this insurance tion N Conditions, Condition 4, Other Insurance, fol- is primary and non-contributory with other insurance lowing paragraph b.(2): available to that additional insured, this insurance is primary and we will not seek contribution from such However, if you have added any person, organization additional insured's other insurance. This provision or vendor of yours as an additional insured to this does not apply to other insurance to which sucb addi- policy by way of a MultiCoverdD endorsement and have tional insured has been added as an additional insured This Form must be attached to Change E-ADMemam when issued after the policy is written One of the Fireman's Fund Insurance Companies as named in the policy CC7253 9-05 ilrX President POLICY NUMBER: MZG80933786 COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. t LIL l lid`>,a,t,, l.. IP�ti ,F=' r, ♦ r `,Ef' La` ,:;LC'_, - CONTRACTORS SCHEDULED PERSON OR This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or Or anization s : Locations Of Covered Operations The City of Newport Beach, its officer, officials, employees Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performanceof your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0ISO Properties, Inc., 2004 Page t of 1 0 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement California WC 04 03 06 If the following is not complete, refer to the appropriate Schedule attached to the policy. Insured Dudek Producer Michael J. Hall & Company Schedule Person or Organization The City of Newport Beach Public Works Dept. 3300 Mewport Blvd. PO BOX 1768 Newport Beach, CA 92658 Additional Premium % Policy WZC80996622 Effective Date August 28, 2011 Job Description We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy. Secretary WC0403M 4•B4 MN,�kh� E (SCC o President POLICY NUMBER: MZG80933786 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Operations The City of Newport Beach, its officer, officials, employees Information required to complete this Schedule, if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/17/12 Dept./Contact Received From: Tania Date Completed: 8/17/12 Sent to: Tania By: Carol Company/Person required to have certificate: Dudek Type of contract: All other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/28/11 to 8/28/12 ** This will expire in 2 weeks EFFECTIVE/EXPIRATION DATE: 8/28/11 to 8/28/12 **This will expire A. INSURANCE COMPANY: American Automobile Insurance Co A. INSURANCE COMPANY: American Automobile Insurance Co B. AM BEST RATING (A-: VII or greater): A; XV B. C. ADMITTED Company (Must be California Admitted): C. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must UM, $2M min for Waste Haulers): What is limits provided? include): Is it included? (completed Operations status does E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND F. COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A its officers, officials, employees and volunteers): Is it ® No H. NOTICE OF CANCELLATION: included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/28/11 to 8/28/12 **This will expire in 2 weeks A. INSURANCE COMPANY: American Automobile Insurance Co B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): & N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/28/11 to 8/28/12 ** This will expire in 2 weeks A. INSURANCE COMPANY: Greenwich Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY f 411111 ".42MMI Approved: 8-17-12 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ Yes ® No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. Moore, Tania Subject: City of Newport Beach - Dudek - Approved Attachments: Dudek Checklist 8-17-12 - Approved.pdf From: Carol Hart [mailto:CHartCa)alliantinsurance.com] Sent: Friday, August 17, 2012 11:34 AM To: Moore, Tania Cc: Renee McRaven Subject: City of Newport Beach - Dudek - Approved Hi Tania, See attached approved checklist for Dudek. Note all coverages will expire on 8-28-12, please sent send new certificate and endorsements once policy renews. If you have any questions, do not hesitate to call. Carol Hart Account Manager Specialty Group Alliant Insurance Services, Inc. 1301 Dove Street, Suite 200 Newport Beach, CA 92660 (949) 660-8104 Direct (949) 756-2713 Fax chart(o)alliantinsurance.com www.alliantinsurance.com License # OC36861 aEwapRr = CITY OF NE WPORT BEACH 9� /PORN City Council Staff Report Agenda Item No. 8 May 28, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3311, dawebb(a)newportbeachca.gov PREPARED BY: Michael Sinacori P.E., Assistant City Engineer 949 - 644 -3342, msinacori (a)newportbeachca.gov APPROVED: A Y TITLE: 16th Street Pump Station and Dolphin and Tamura Water Wells Improvements — Award of Contract No. 5196 ABSTRACT: Staff received favorable construction bids for the 16th Street Pump Station and Water Well Energy Efficiency Improvements and is requesting City Council's approval to award the contract to SCW Contracting Corporation. RECOMMENDATIONS: 1. Approve the project drawings and specifications 2. Award Contract No. 5196 to SCW Contracting Corporation of Fallbrook, California, for the total bid price of $773,410.00 and authorize the Mayor and City Clerk to execute the contract. 3. Establish a contingency of $77,000 (10 percent) to cover the cost of unforeseen work not included in the original contract. 4. Authorize the Mayor and City Clerk to execute Amendment No. 2 to Professional Services Agreement with Dudek and Associates of Encinitas, California, on a form approved by the City Attorney, for additional construction support services for not -to- exceed additional fee of $15,580. 1 of 4 161h Street Pump Station and Dolphin and Tamura Water Wells Improvements Award of Contract No. 5196 May 28, 2013 Page 2 FUNDING REQUIREMENTS: The CIP budget for FY 12/13 contains $330,000 in funding for this project. Sufficient additional funding is proposed in the CIP budget for FY 13/14. In addition, the Southern California Edison Company (SCE) is providing an energy conservation rebate for this project of $253,786. The following funds are planned to be expensed: Account Description Water Enterprise — Pump Station and Well Site Improvements Contributions — Pump Station and Well Site Improvements Proposed fund uses are as follows: Vendor SCW Contracting Corporation SCW Contracting Corporation Dudek DISCUSSION: Account Number 7523- C6002013 7251- C6002013 Purpose Construction Contract Amount $612,204.00 253,786.00 Total $856,990.00 Construction Contingency Const. Support Services Total Amount $773,41 0.00 77,000.00 15,580.00 E.: i The City's groundwater delivery system conveys groundwater pumped from four (4) existing wells in Fountain Valley to the 16th Street Reservoir. The 161h Street Pump Station pumps water from the three (3) million gallon reservoir into the water distribution system to meet demands and to Big Canyon Reservoir (BCR) for storage. The City, in cooperation with Southern California Edison (SCE), recently performed an energy audit of its current water wells and 161h Street pump station and found that significant energy savings could be realized if pump motor and drive shaft improvements were done at both the wells and the 16th Street Pump Station. The City engaged the design services of Dudek and Associates to conduct a preliminary evaluation of the water wells and 16th Street pump station to determine the necessary improvements. The following improvements were recommended to meet the energy saving project objectives: A. 16th Street Pump Station Project Objectives: o Improve the pump station's overall energy efficiency by replacing the solid state soft start motor controllers of the two (2) pumps with variable 2 of 16th Street Pump Station and Dolphin and Tamura Water Wells Improvements Award of Contract No. 5196 May 28, 2013 Page 3 frequency drives. This will eliminate throttling of the pump control valves (PCV's) thus saving electricity and reducing the City's electric utility costs. U Install two new vertical turbine pumps at a lower horsepower but at a faster revolution per minute to improve efficiency. B. Dolphin and Tamura Water Well Project Objectives: Replace each well site's solid state soft start motor controllers (two at each site) with variable frequency drives. This will eliminate, throttling of the pump control valves, thus saving electricity and reducing the City's electric utility costs. Replacing the soft - starters with Variable Frequency Drives (VFDs) will improve operational efficiency and reduce energy consumption by eliminating throttling of the PCVs. Because of the dramatic energy savings, Southern California Edison (SCE) will provide an estimated $250,000 in rebates if the City proceeds with the project. In addition, the on -going annual energy savings of the completed project will allow the City to recoup its investment in less than three (3) years. Dudek was authorized to prepare contract documents to accomplish the project objectives noted above. Those documents were completed earlier this year and bids were solicited. At 10:00 A.M. on May 7, 2013, the City Clerk opened and read the following bids for this project: The low total bid amount is 9.1 percent below the Engineer's Estimate of $850,000. The low bidder, SCW Contracting Corporation, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of installing six (6) new variable frequency drives (VFDs) on the City's four wells and two of the five pumps at the 16th Street Pump Station. In addition; two new energy efficient pumps will be installed at the 16th Street Pump Station. 3 of BIDDER AS -BID AMOUNT Low SCW Contracting Corporation $773,41 u.uu 2 Arhaz Engineering $777,000.00 3 Southern Contracting Company $785,900.00 4 Newest Construction $807,000.00 5 MEC Mass Electric $1,003,000.00 The low total bid amount is 9.1 percent below the Engineer's Estimate of $850,000. The low bidder, SCW Contracting Corporation, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of installing six (6) new variable frequency drives (VFDs) on the City's four wells and two of the five pumps at the 16th Street Pump Station. In addition; two new energy efficient pumps will be installed at the 16th Street Pump Station. 3 of 16th Street Pump Station and Dolphin and Tamura Water Wells Improvements Award of Contract No. 5196 May 28, 2013 Page 4 Construction Support Services A Professional Services Agreement (PSA) with Dudek and Associates was executed in August 2012 that included preliminary design for the water wells and 161h Street Pump Station and final design efforts for the water wells only for a total fee of $97,460. It was determined that it would be more cost effective to complete the 16th Street Pump Station improvements in concert with the wells. Amendment No. 1 to the PSA was executed in February 2013 to include the necessary contract documents for the 161h Street Pump Station and increased the compensation to $119,420. The original PSA included some minor construction support assistance. However based on the final completed design, additional construction support services are needed to complete this project. Upon City Council approval, Amendment No. 2 to the Professional Services Agreement with Dudek and Associates will be prepared on a form approved by the City Attorney to increase the total not -to- exceed compensation to $135,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15302 Class 2 (c) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment as the project is a replacement of existing utility systems involving no expansion of capacity. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Prior to implementation, staff intends to notice adjacent schools, churches and businesses. Public Works Director 4 of