HomeMy WebLinkAboutC-3004(AA) - Construction Management Services - Groundwater Project0 0
• RGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
FOR THE
16r" STREET RESERVOIR & PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this 9� day of
January, 1995, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Daniel Boyle Engineering, Inc., a California
Corporation, hereinafter referred to as "CONSULTANT'.
WITNESSETN:
WHEREAS, "CITY" is implementing a municipal groundwater producing
project with water facilities to deliver potable water to its customers, and;
WHEREAS, "CITY" as part of the overall Groundwater Development Project,
must construct certain improvements located at the 16' Street Utilities Yard,
including an underground concrete reservoir, a water pump station, water
disinfection facilities and some associated appurtenant work, collectively hereinafter
• referred to as "PROJECT', and;
WHEREAS, "CITY" requires construction management and field inspection
services during construction of "PROJECT', and;
WHEREAS, "CITY ", as part of the construction management services for the
'PROJECT', desires a project manager and an on -site engineer to oversee construction
and to verify the contractor's compliance with the plans and specifications, and;
WHEREAS, these construction management services require a qualified
professional engineering firm with employees, experienced in construction and
contract management related to reservoir and pump station construction, and;
WHEREAS, "CITY" has solicited and received a proposal from
"CONSULTANT" for construction management, as well as, to provide certain other
essential professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and evaluated the
expertise of "CONSULTANT' and desires to accept the proposal submitted by
"CONSULTANT", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
and understood that:
I. GENERAL 0
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required herein shall be performed
under their direct supervision, and all personnel engaged in the work shall be
fully qualified and authorized or permitted under State and local law to perform
such services.
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following professional services to "CITY ".
A. "CONSULTANT" shall provide the necessary services to complete the defined
tasks associated with the "PROJECT ". Those tasks include the following:
1. Meetings with City staff.
a. "CONSULTANT" shall work with "CITY'S" Project Manager to coordinate, .
schedule and conduct the pre - construction meeting.
b. "CONSULTANT"' shall keep the "CITY'S" Project Manager apprised of the
progress being made by the "CITY'S" contractor. Such appraisal shall be
made via telephone, in writing as appropriate and via meetings.
c. "CONSULTANT" shall meet with the City staff on a weekly basis, and shall
schedule and document weekly meetings with the "CITY'S" contractor,
"CITY" and its design engineers to discuss project progress and intended
progress for the coming week.
2. Prepare a construction procedure's manual that shall include the following:
a. Key individuals and lines of communication.
b. Determine communication devices and procedures.
c. Establish general reporting procedures.
d. Establish construction reporting procedures, including field clarification's,
change orders and shop drawing reviews.
e. Establish field office security and backup procedures.
f. Develop progress reports and payment request procedures. 0
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g. Develop a master schedule and establish schedule update procedures.
h. Establish document control procedures.
i. Establish a permit tracking system.
j. Establish coordination with adjacent and appurtenant projects (contractors
and design consultants).
k. Establish project close -out procedures.
3. Field Office Set -up
a. "CONSULTANT" shall be responsible for making sure that the contractor's
supplied field office is properly equipped, as specified herein below.
(1.) Office trailer to be provided by Contractor
(2.) Office furniture and equipment to be provided by Contractor.
(3.) "CONSULTANT" shall be responsible for the maintenance of the
construction office, and shall be held accountable and responsible for
any damaged or missing furniture or equipment.
b. Establish Computer Based Communications
(L) "CONSULTANT" will utilize a Macintosh Computer provided by the
contractor and tied to "CiTY's" computer network.
(2.) "CONSULTANT" will determine any additional software necessary
for use during "PROJECT"
4. Construction Services
a. Provide daily updated reports to the Utilities Director.
b. Log and track all shop drawing submittals with respect to "CITY ",
design consultants and contractor.
c. Observe all construction and coordinate observation of specialty
construction. Including, but not limited to all specialty construction such
as: steel reinforcing, waterstop placement, construction joint location,
subdrain system, pump and motor placement, disinfection systems,
electrical, controls and instrumentation and appurtenant work.
d. Observe all major materials deliveries to the site to assure they are in
accord with the specifications and approved shop drawings.
• e. Coordinate testing of all materials in accord with the specifications.
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f. Document construction progress, by preparing a daily record of .
construction, daily construction reports and taking 35 mm
photographs at significant times during construction. Pictures shall
be labeled as to date, location and specific task photographed.
g. Coordinate construction survey, Contractor's survey requests, track
and schedule construction surveying. Monitor survey provided to
Contractor and notify the survey firm in writing of requests for
restaking which will be the Contractor's financial responsibility.
h. Coordinate with adjacent construction activities, including attending
coordination meetings with "CITY ", design engineers and other
contractors regarding construction activities related to the water
transmission main and other piping within 16th Street.
i. Coordination with "CITY" Building and Public Works Department
inspection staff, specialty inspectors, coordinate Contractor's inspection
requests, track, schedule and monitor all inspections.
j. Coordinate soils compaction testing, Contractor's compaction test
requests, track, schedule. monitor soils compaction testing and notify
the geotechnical firm in writing of requests for retesting which will be
the Contractor's financial responsibility..
k. Administer and track all "Requests for Field Clarification ", "Change in
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractors Notification of Change in
Conditions" and "Contractor's requests for Change Orders". Provide
appropriate response and /or recommendations to and from "CITY ".
Consult with design engineers on all technical matters. Arrange for a
participate in negotiations between "CITY" and the Contractor.
1. Monitor permits under which "CITY" has responsibility, monitor the
expiration dates and make application for extensions when
appropriate. Monitor the Contractor's general compliance and advise
the Contractor when non - compliance is observed.
m. Update and analyze the master construction schedule each week, update
the master construction schedule with the previous week's progress and
the Contractor's anticipated projected work. Analyze actual verses
anticipated progress, milestone dates and final completion. Make
recommendations as necessary and advise "CITY" of changes.
n. Process monthly pay estimates, including review of the Contractor's
work progress with "CITY" representative; review for accuracy and
compare with actual work completed; make appropriate
recommendations to "CITY" on payment issues. Provide summary
report of work performed during each payment period. •
o. Provide document control including processing and filing all project
• correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
p. Monitor Contractor's safety program, including observing the
implementation of the Contractor's safety program and report observed
deviations from this program. (This action will not relieve Contractor of
sole responsibility for job site safety.) "CONSULTANT" shall not assume,
and "CITY" shall not require, that "CONSULTANT" bears any responsibility
or liability for safety of anyone other than their own employees.
"CONSULTANT" will not be required to work or inspect any of the
Contractor's work in unsafe working conditions. Only "CITY" will have the
authority to issue "Stop Work Orders" to Contractors.
q. Observe general site conditions and notify Contractor when excess materials,
etc., must be disposed of and when general site clean up is required.
5. Disinfection and Testing
a. Establish and implement a continuous program to monitor disinfection and
testing activities, including the following:
(1.) Review the Contractor's proposed disinfection, testing and startup
procedure for the reservoir, pumps, piping and appurtenances within
the Pump Station Building. Analyze procedures with City staff and
• design engineers. Assist the Contractor with any approved
modifications to the procedures to meet all requirements.
(2.) Observe and document sweeping, cleaning and swabbing of the
reservoir, pipeline interiors, pump cans, and other appurtenances.
(3.) Observe and document pressure testing of the pipeline and appurtenances
with City personnel and in accord with the specifications and the approved
testing sequence.
(4.) Observe and document the initial filling of the reservoir. Coordinate
survey to monitor reservoir settlement.
(5.) Observe and document disinfection of the entire system in accord
with the specifications.
(6.) Observe and document testing of electrical, telemetry, control, chlorine
and ammonia systems in accord with the Contractor's proposed
sequence. This testing will also include testing and adjustments by
manufacturer's representatives such as control valves, disinfection
systems, etc.
• (7.) Coordinate, observe and document testing of the full system (reservoir
and pump station) in accord with the approved sequence.
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6. Project Close Out
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a. Coordinate with City staff, design consultants and Contractor to prepare
project close -out, as follows:
(1.) Determine that all testing has been successfully completed and that
all construction is complete and satisfactory.
(2.) Prepare preliminary punch list of deficiencies.
(3.) Observe Contractor's successful completion of all work required by
preliminary punch list.
(4.) Prepare final punch list of deficiencies.
(5.) Observe Contractor's successful completion of all work required by
final punch list. Repeat Steps No. 1 through No. 5 until all items are
complete.
(6.) Construction Manager shall maintain a record of all changes made
during construction, and periodically (at least monthly) review
Contractor's records to assure Contractor keeps a record of changes in
accord with the specifications.
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(7.) Obtain Contractor's records of changes during construction (as- builts).
(8.) Coordinate the production of record drawings with design •
consultants. Review completed record drawings and make
recommendations to the City on acceptance.
(9.) Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to City on acceptance.
(10.) Witness and document delivery of all spare parts and similar items
from the Contractor to the City as required by the Contract
Documents.
(11.) Obtain from the Contractor any written documents required by the
Contract for project close -out.
(12.) Prepare recommendations to the City for preparation of the Notice
of Completion.
(13.) Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
(14.) Remove all equipment and items belonging to Construction •
Manager from the field office.
• 7. Additional Responsibilities
a. "CONSULTANT" shall assign responsible representatives (Project
Manager and On -Site Engineer) and alternates. Representatives shall be
responsible for duties from contract negotiations through project
completion.
b. If primary representative should be unable to continue with project, then
the alternate shall become the primary representative.
c. Any changes in responsible representation must be approved in advance
by "CITY ".
(1.) "CITY" will have the right to reject other proposed changes in
personnel, and may consider such changes a breach of contract and
cause for termination.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of their responsibilities
under this Agreement, "CITY" agrees to provide the following:
• A. Plans, drawings, specifications and cost estimates as may be available or are in
existence, which may be germane to the proper execution and completion of the
"CONSULTANT'S" defined duties.
B. Provide survey information, as may be available and applicable to "PROJECT ".
C. Design criteria, hydraulic data and other information, as may be available and
appurtenant to "PROJECT ".
D. Provide network tie -in for "CONSULTANT's" trailer office computer.
E. Provide licensed software and applicable manuals for use by "CONSULTANT ".
F. "CITY" will provide blueprinting, CADD plotting, large orders of photocopying
and other services through "CITY's" reproduction company, Banana Blueprint.
"CONSULTANT" must obtain " C1TY's" approval prior to any reproduction.
IV. TIME OF COMPLETION
A. "CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. All work will be completed in a diligent and efficient manner
to the execution of its completion.
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B. The term of this Agreement shall expire thirty (30) calendar days after the date •
the "PROJECT" is completed and accepted by "CITY ". It is agreed and
understood by both parties that this is sufficient time to complete all such
activities and tasks associated with the "PROJECT ".
V. OWNERSHIP OF DOCUMENTS
A. Original reports and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. Use of complete or incomplete deliverables or
documents for purposes other than this "PROJECT" shall be at the sole risk of
"CITY ". "CITY" shall indemnify "CONSULTANT" for any damages incurred as a
result of such use. No report, drawing, map, document or other data given to,
prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be
made available to any individual or organization by "CONSULTANT" without
prior written approval by "CITY ", unless required by subpoena.
B. "CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
C. "CONSULTANT" has permission to show prospective clients reports and data •
which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to "CONSULTANT'S" business office at
23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if the "CITY" has
not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated
for any other reason, "CITY" agrees to compensate "CONSULTANT" for the
actual services performed up to the effective date of the "Notice of Termination ",
based on the fee schedule contained herein. •
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VII. ASSIGNMENT
• A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY'.
"CONSULTANT" shall not sublet, transfer or assign any work except as
otherwise provided for herein or as authorized in advance by the "CITY'.
B. Neither "CONSULTANT" nor "CITY' shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY' under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY'.
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY' hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the "PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than two hundred and
fifty three thousand and ninety dollars ($253,090), except as otherwise provided
for herein below.
B. Payment & Fee Schedule
personnel Billing Classification hourly rates
• Principal in Charge Managing Engineer .......................... $97.00
Construction Manager Principal Engineer ............................ 90.00
Resident Engineer Associate Engineer II ....................... 75.00
Engineering Support Senior Engineer I .............................. 89.00
Assistant Engineer I ......................... 55.00
Technical Support CAD Specialist .. ............................... 57.00
Designer ............ ............................... 52.00
CAD /Drafter II . ............................... 43.00
CAD /Drafter I .. ............................... 36.00
Intem/ Aide ....... ............................... 31.00
C. The contract amount shall be paid to "CONSULTANT" in monthly partial
payments based on the amount of hours worked and expenses incurred
during each monthly pay period, based on the actual hours of labor expended
as determined by the Project Manager for "CITY'. The sum of the partial
payments shall not exceed ninety percent (90 %) of the maximum fee as set
forth in paragraph "A" herein above. The balance of the total fee amount shall
be paid upon completion of the work specified herein.
D. In addition to the fixed, not -to- exceed fee, "CITY' agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses,
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Project Manager for
"CITY", and other reasonable expenses where such costs have been advanced
• by "CONSULTANT" and approved in advance by "CITY'.
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(L) "CONSULTANT" shall provide written records (originals) of all •
expenses incurred, and shall report all hours expended in the
performance of duties and tasks on a monthly basis. "CITY" agrees to
pay "CONSULTANT" within thirty (30) calendar days of the receipt of
said records and hourly summary.
(2.) "CONSULTANT" shall not be compensated for use of
" CONSULTANT's" equipment, hardware, software materials,
reproduction or mileage. Said costs are non - compensable. Time
expended by "CONSULTA'NT'S" personnel on such equipment shall
be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ".
In consideration for performance of additional services authorized by "CITY"
in writing, "CITY' hereby agrees to compensate "CONSULTANT" an amount
based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ",
except that an increase in total compensation exceeding thirty thousand
dollars ($30,000.00) shall require an amended Agreement for such additional
services between the "CONSULTANT" and "CITY ".
X. RECORDS •
"CONSULTANT" shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by "CITY" that relate
to the performance of the services specified under this Agreement. All such
records shall be maintained in accord with generally accepted accounting
principles and shall be clearly identified and readily accessible. "CONSULTANT"
shall provide free access to the representatives of "CITY" or its designees at all
proper times upon reasonable notice to "CONSULTANT" to such books and
records, and gives "CITY" the right to examine and audit same, and to make
transcripts therefrom as deemed necessary at "CITY'S" cost, and to allow inspection
of all work, data, documents, proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY's" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT'S" indemnification, and also contain substantially the
following statement: '"The insurance covered by this certificate may not be
canceled or non - renewed, except after thirty (30) days' written notice has been
received by "CITY ". Coverage may not be reduced or otherwise materially •
altered without the same advance notice to "CITY" of such alteration.
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B. "CONSULTANT' shall maintain in force at all times during the performance
of this Agreement all policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating of "A" (or higher) and Financial Size Category
"VIII" (or larger) in accord with an industry-wide standard and shall be
licensed to do business in the State of California.
1. An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide ", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverage's:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Bodily Injury
Property Damage
Aggregate Limits
Amount
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000).
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has
agreed to provide general liability insurance, "CONSULTANT' shall look
solely to its insurance for recovery. "CONSULTANT" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONSULTANT" or "CITY" with respect to the services of
"CONSULTANT ", a waiver of any right of subrogation which any such
insurer of said "CONSULTANT' may acquire against "CITY" by virtue of
the payment of any loss under such insurance.
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E. Additional Insured •
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under this
policy if not named as such additional insured; and an additional insured
named herein shall not be liable for any premium or expense of any nature
on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy. Proceeds
from any such policy or policies shall be payable to "CITY' primarily, and
to "CONSULTANT" secondarily, if necessary.
XH. WAIVER
A waiver by "CITY" or "CONSULTANT' 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 different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by •
reason of an alleged breach of any provisions of this Agreement, the prevailing
party shall be entitled to receive from the losing party all costs and expenses in
such amount as the court may adjudge to be reasonable costs of litigation.
XIV. 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 hereof. Any
modification to this Agreement will be effective only by written execution signed
by both "CITY' and "CONSULTANT'.
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY', its City Council,
boards and commissions, officers, and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors
or omissions, in the performance of services herein.
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E. Additional Insured
• "CITY', its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. The naming of an additional insured shall not affect any
recovery to which such additional insured would be entitled under this
policy if not named as such additional insured; and an additional insured
named herein shall not be liable for any premium or expense of any nature
on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy. Proceeds
from any such policy or policies shall be payable to "CITY" primarily, and
to "CONSULTANT" secondarily, if necessary.
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A waiver by "CITY" or "CONSULTANT" 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 different character.
• XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing party all costs and expenses in such
amount as the court may adjudge to be reasonable costs of litigation.
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XIV. 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 hereof. Any modification to
this Agreement will be effective only by written execution signed by both "CITY"
and "CONSULTANT ".
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors
or omissions, in the performance of services herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first
date above written:
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
"CITY.
Daniel Boyle Engineering, Inc.
a California Corporation
Wanda E. Raggic, Thomas . .. r, Jr., P. ., V` Presid
City Clerk "CONS - -.
Address & Telephone:
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92658 -1768
(714)644 -3011 (714)646-5204 FAX
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Daniel Boyle Engineering, Inc.
23231 South Pointe Drive, Suite 103
Laguna Hills, California 92653
(714)768 -2600 (714)586-5188 FAX
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November 12, 1996
CITY COUNCIL AGENDA
ITEM NO. 6
TO: MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AWARD OF CONTRACT (CONTRACT NO. 3004 -X)
CONSTRUCTION OF WELLHEAD FACILITIES AT THE DOLPHIN AVENUE
& TAMURA SCHOOL WELL SITES AND
PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES (CONTRACT NO. 3004 -AA)
AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
Approve the plans and specifications.
2. Approve the list of pre - qualified contractors.
3. Find that Pascal & Ludwig of Ontario, submitted the 'lowest responsible bid," and
they can meet the requirements for completing the proposed contract work and
declare them the "low bidder."
4. Award Contract No. 3004 -X to Pascal & Ludwig Engineers of Ontario, in the amount
of $1,625,400 and authorize the Mayor and City Clerk to execute the contract on
behalf of the City and authorize a 10% contingency for change orders, materials,
testing and added work.
5. Authorize the Mayor and City Clerk to execute a Professional Services Agreement
on behalf of the City, with Daniel Boyle Engineering, Inc. (Contract No. 3004 -AA) to
provide construction management services related to the construction of the well
head facilities for a fee of $164,200.
DISCUSSION:
At 2:00 p.m., on October 31, 1996, the City Clerk opened and read bids for the subject
project. A summary of the results is listed below of the pre - qualified contractors, and a
more detailed itemized bid summary is attached as Exhibit "A ":
Rank
Contractor /Bidder
Total Bid Price
low
Pascal & Ludwig Engineers
$
1,625,400.00
2
JW Contracting Corporation
$
1,638,200.00
3
BFI Constructors, Inc.
$
1,674,000.00
4
Caliagua, Inc.
$
1,689,649.00
5
Uhler, Inc.
$
1,702,000.00
6
Pro Mechanical Corporation
$
1,703,000.00
7
ARB, Inc.
$
1,760,654.00
Page 2
Wellhead Facilities Construction
Award of Contract (C- 3004 -X & C- 3004 -AA)
November 12, 1996
The following companies declined to bid on the subject project:
Schuler Engineering Corporation
Advanco Constructors
F.T. Ziebarth Company
7 bids were received from the ten (10) pre - qualified contractors. The low responsible
bid was $1,625,400 and is 17% below the Engineer's Estimate of $1,900,000
PREQUALIFICATION OF CONTRACTORS
During the design process, staff initiated the prequalifying of contractors before soliciting
bids for construction because of the complexity of the construction and the specialized
nature of the work involved. The process of prequalifying contractors was used
successfully during bidding for the reservoir and pump station. The pre - qualification
process will insure the City retains a contractor who is skilled and experienced in
building complex wellhead facilities, including pumps, steel piping, instrumentation and
reinforced masonry block structures. In utilizing this process, the City greatly improves
its chances of having a quality finished product with a minimum of construction related
delays or construction performance problems. In addition, the probability of contract
disputes will be reduced and project management and inspection costs will be lessened.
•
THE PREQUALIFICATION PROCESS:
The contractor prequalification process involved:
1. Advertising for interested contractors to submit information to the City addressing
their financial strength and previous related construction project experience.
2. Receiving prequalification information packages from the contractors who chose
to submit them.
3. Reviewing the submitted prequalification information by an evaluation committee
appointed by the Utilities Manager.
4. Establishing a prequalified certification allowing the contractors who met the
minimum criteria to be eligible to submit competitive bids to the City when
requested.
5. Notifying the contractors submitting prequalification packages about their
certification.
6. Appeal process for unsuccessful contractors who disagreed with the decision of
the selection committee. The City Manager would review any such appeals, and
his decision was final decision, regarding prequalification.
7. Formal solicitation for construction bids to the contractors who were prequalified.
The City's bid opening and award of contract procedures are not modified by the
prequalification process. 0
n
0
E
Page 3
Wellhead Facilities Construction
Award of Contract (C- 3004 -X & C- 3004 -AA)
. November 12, 1996
THE PREQUALIFICATION CRITERIA:
The prequalification certification criteria will score in a pass /fail system and evaluate the
contractor's ability and experience to perform construction of the type and complexity
being considered, specifically well facilities construction.
Criteria which the City used to evaluate and certify contractors as qualified to submit
bids included the following:
1. Financial strength and size of the contractor's company.
2. Contractor's previous experience and longevity working in the areas of
specialization applicable to the City's proposed project.
3. Contractor's previous well facilities construction experience.
4. Recent project specific experience.
5. Education, background, experience and capabilities of the contractor's key staff
and project superintendents.
6. Quality of references and recommendations of other project owners for whom the
contractor has worked.
7. Safety and performance record of the contractor.
8. Subcontractors and their respective responses to the same information.
. Ten (10) construction companies (as shown above) submitted prequalification
statements, and all ten (10) contractors were determined to be qualified for the wellhead
facilities project. These firms were invited to submit construction bids for the project.
THE LOW BIDDER:
The low bidder, Pascal & Ludwig Engineers of Ontario, is a qualified general contractor
licensed to do business in California. This company has successfully completed similar
well facilities construction projects for other public water agencies and municipalities in
Southern California.
This firm has a solid reputation in the water contracting industry and has a significant
amount of experience with similar construction projects.
Reference checks on their recent projects revealed a number of comments favorable to
their ability to perform the work in an efficient manner. The contractor recently
performed pump station work for Otay Water District and Santa Margarita Water District.
Reports that the contractor performed the work on time and in a neat, workman -like
manner were encouraging.
The insurance policies and bidders bond submitted by the contractor meet the City's
requirements. Staff believes that the contractor will be able to complete the proposed
• work satisfactorily.
PROJECT DESCRIPTION:
0
Page 4
Wellhead Facilities Construction
Award of Contract (C- 3004 -X & C- 3004 -AA)
November 12, 1996
The construction to be done under this contract consists of constructing and equipping
two (2) groundwater wellhead facilities at the Dolphin Avenue and Tamura School well
sites. The first site is located at 9649 Dolphin Avenue near the intersection of Dolphin
Avenue and Slater Avenue, and the second site is located at 17399 Magnolia Avenue
on the Tamura Elementary School property. Both sites are located within the City of
Fountain Valley (see Exhibit "B ").
The work effort will include the following: two (2) concrete masonry buildings matching
the existing architecture in the area; installation of four (4) vertical turbine pumps (two at
each site) including shafts, columns, discharge heads and motors; installation of
discharge piping, valves, fittings and connection to an existing 24 -inch ductile iron pipe;
installation of an 18 -inch storm drain and catch basins; installation of an electrical
system including motor control center, pump controls panels and instrumentation;
installation of telemetry system including hardware and software; construction of site
improvements including landscaping, irrigation, A.C. pavement, grading and other
incidental items of work.
PROJECT COSTS & SCHEDULE:
The contractor's bid price for the project totaled $1,625,400. This price is $274,600 below
the engineer's cost estimate that was presented to Council at the August 1996
presentation on the Groundwater Development Project. This is primarily due to the current
competitive construction market.
The estimated time of completion for the project is 300 calendar days. The project
specifications require the contractor to complete the work within this time frame. The
City's project schedule proposes that the contractor should be completed by the end of
August 1997.
PROJECT CONSTRUCTION MANAGEMENT
In order to insure construction is properly done and to effectively administer the
construction contract, the City is proposing to hire an engineering firm to act as
construction manager and to coordinate the inspection and contract management
services. The construction manager will oversee the day -to -day construction activities
related to the wellhead facility buildings, pumps and coordination with the City of
Fountain Valley, Fountain Valley School District, First Baptist Church and Huntington
Beach Union High School during the next year.
In this capacity, the construction management firm will provide staff to conduct and
coordinate inspections, review changed conditions, assist the City in negotiating change •
orders, orchestrate weekly meetings, and prepare all documentation for contract
administration and progress payments.
J
0 0
Page 5
Wellhead Facilities Construction
Award of Contract (C- 3004 -X & C- 3004 -AA)
November 12, 1996
From a schedule standpoint, it is important to note that the construction manager will
assist the City in a number of tasks that will occur prior to the actual commencement of
the wellhead facilities construction. Some examples of these tasks include setting up
communication and reporting procedures, preparing a number of tracking forms and
scheduling controls, establishing shop- drawing review procedures, coordinating the pre -
construction meeting and a number of other tasks. As such, it is important to
understand that the construction manager needs to be involved in the project when the
City awards the contract for the construction.
The construction management consultant selection process was conducted consistent
with State law and City policy for "qualifications -based selection" (QBS). Details about
the process and the selection follow. Four firms submitted responses to the request for
proposals. The firms were: ASL Consulting Engineers, Daniel Boyle Engineering Inc.,
Butier Engineering, Inc., and Dudek & Associates, Inc.
The written proposals were reviewed by a selection committee. On the basis of a
detailed ranking of the various firms, the selection committee chose Daniel Boyle
Engineering Inc., as the most qualified firm to perform the required construction
management and professional services for the project.
The detailed criteria used to evaluate qualifications of all the engineering firms
considered the following key areas.
1. Proposal Content
2. Project Understanding
3. Project Experience
4. Project Team
5. Project Management
6. Project Schedule
7. Labor Costs
The most highly - ranked firm for this project was interviewed and a fee was negotiated.
The firm of Daniel Boyle Engineering Inc., has a team of exceptionally - qualified,
technical professionals and designers who have extensive experience with similar
numerous wellhead and water pumping facilities.
The proposed Professional Services Agreement with Daniel Boyle Engineering Inc.,
provides for a comprehensive set of professional level tasks to administer and inspect
the project. All of the tasks required are to be performed on the basis of an approved
Fee Schedule at an hourly rate, included in the Agreement. The Agreement provides a
total fee amount of $164,200.
The specific work tasks and responsibilities are further enumerated and detailed in the
Agreement, which is attached as Exhibit "C."
. If approved, the construction management consultant will start work to handle tasks
related to the implementation of the wellhead facilities contract.
S�
Page 6
Wellhead Facilities Construction
Award of Contract (C- 3004 -X & C- 3004 -AA)
November 12, 1996 •
CONCLUSION:
Award of the construction contract at this time will allow the contractor to complete the
work within the confines of the project schedule and will allow the City to continue its
plans to complete the Groundwater Development Project in a timely fashion.
Approval of the construction management services contract is recommended. Taking
this action now is important and will allow the City to retain the firm and have them
provide assistance during the start up for the wellhead facilities.
Staff believes the contractor can complete the project satisfactorily and recommends
award of the contract to the successful bidder, Pascal & Ludwig Engineers of Ontario,
California.
The funds needed for completing this part of the Groundwater Development Project are
available in the Water Enterprise Fund under Capital Project No. 7504- C5500094.
Staff recommends awarding these contracts.
Respectfully submitted,
CJkIC WORKS DEPARTMENT
Don Webb, Director
M
MJS:cia
Attachments: Exhibit "A *: Bid Summary
Exhibit "B": Vicinity Map
Exhibit "C" Professional Services Agreement
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• •
. AGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
FOR THE WELLHEAD FACILITIES AT
DOLPHIN AVENUE & TAMURA SCHOOL WELL SITES
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this day of November,
1996, by and between the City of Newport Beach, a municipal Corporation, hereinafter
referred to as "City ", and Daniel Boyle Engineering, Inc., a California Corporation,
hereinafter referred to as "Consultant ".
RECITALS:
1. The City is planning to implement a municipal groundwater pumping and
distribution system with water facilities to deliver potable water to its customers.
2. The City must construct two (2) wellhead buildings, pumps, piping
instrumentation and other appurtenant work at the Dolphin Avenue and Tamura
• School Well Sites, hereinafter collectively referred to as "Wellhead Facilities ".
3. The City requires construction management services during the construction of
Wellhead Facilities and desires a project manager and an on -site resident
engineer to oversee the construction and verify the contractor's compliance with
the plans and specifications.
4. Implementation of the Wellhead Facilities require the services of a qualified
professional engineering firm, experienced in construction and contract
management.
5. The City has solicited and received a proposal from Consultant for construction
management, as well as, to provide certain other essential professional services,
as outlined herein below.
6. The City has reviewed the previous experience and evaluated the
expertise of Consultant and desires to accept the proposal submitted by Consultant.
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
Exhibit "C"
!/
Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project •
1. GENERAL
A. City engages Consultant to perform the described services for the consideration
hereinafter stated.
B. Consultant agrees to perform the described services in accord with the terms and
conditions hereinafter set forth.
C. Consultant agrees that all services required herein shall be performed under their
direct supervision, and all personnel engaged in the work shall be fully qualified
and authorized or permitted under State and local law to perform such services.
2. SERVICES TO BE PERFORMED BY CONSULTANT
A. Consultant shall provide the necessary services to complete the defined tasks
associated with the Wellhead Facilities. Those tasks include the following:
1. Meetings with City staff.
a. Consultant shall work with City's Project Manager to coordinate, schedule
and conduct the pre- construction meeting.
b. Consultant shall keep the City's Project Manager apprised of the progress .
being made by the contractor. Such appraisal shall be made by
telephone, in writing as appropriate and in meetings.
c. Consultant shall meet with City staff on a weekly basis and shall schedule
and document weekly meetings with the contractor, the City and its design
engineer to discuss project progress and intended progress for the coming
week.
2. Prepare a construction procedure's manual that shall include the following:
a. Key individuals and lines of communication.
b. Determine communication devices and procedures.
c. Establish general reporting procedures.
d. Establish construction reporting procedures, including field clarification's,
change orders and shop drawing reviews.
e. Establish field office security and backup procedures.
f. Develop progress reports and payment request procedures.
g. Develop a master schedule and establish update procedures.
h. Establish document control procedures. 0
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
• Groundwater Development Project
i. Establish a permit tracking system.
j. Establish coordination with adjacent and appurtenant projects (contractors
and design consultants).
k. Establish project close -out procedures.
3. Field Office Set -up
a. Consultant shall be responsible for making sure the field office is set -up
and properly equipped, as specified herein below.
(1.) Office trailer to be provided by Contractor.
(2.) Office furniture and equipment to be provided by Contractor.
(3.) Consultant shall be responsible for the maintenance of the
construction office, and shall be held accountable an responsible
for any damaged or missing furniture or equipment.
. b. Establish Computer Based Communications
(1.) Contractor will provide and Consultant will utilize a Macintosh
Computer tied to the City's computer network.
(2.) Consultant will determine any additional software necessary for use
during Wellhead Facilities.
4. Construction Services
a. Provide daily updated reports to the City's Project Manager.
b. Log and track all shop drawing submittals with respect to the City, design
consultants and contractors.
c. Observe all construction and coordinate observation of specialty
construction. Including, but not limited to specialty construction
anticipated include: steel or ductile iron piping, pumps, welding, concrete
masonry buildings, electrical, instrumentation, grading, landscaping,
irrigation, connection to existing water mains, trenching, street resurfacing,
disinfection and appurtenant work.
d. Observe all major materials deliveries to the site to assure they are in
accord with the specifications and approved shop drawings.
• e. Coordinate testing of all materials in accord with the specifications.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project •
f. Document construction progress, by preparing a daily record of
construction, daily construction reports and taking 35 mm photographs at
significant times during construction. Pictures shall be labeled as to date,
location and specific task photographed. In addition, video taping of the
existing sites prior to construction and providing the original tape to City.
g. Conduct progress meetings as necessary, including scheduling and
documenting meetings with the Contractor, City staff, all judicial agencies
and the design engineer.
h. Coordinate construction survey, Contractor's survey requests, track and
schedule construction surveying. Monitor survey provided to Contractor
and notify Contractor in writing of requests for restaking which will be the
Contractor's financial responsibility.
L Coordinate with adjacent construction activities, including attending
coordination meetings with the City, design engineers and other
contractors as they relate to the Reach Nos. 3A & 3B Pipeline and other
projects within the area of the Wellhead Facility.
j. Coordination with Cities of Newport Beach and Fountain Valley inspection
staff, coordinate Contractor's inspection requests, track, schedule and
monitor all inspections.
k. Coordination of specialty inspectors, Contractors inspection requests, •
track, schedule and monitor all inspections.
I. Coordinate soils compaction testing, Contractor's compaction test
requests, track, schedule and monitor soils compaction results. Monitor
soils testing provided to Contractor and notify Contractor in writing of
requests for any retesting which will be the Contractor's financial
responsibility.
m. Administer and track all "Requests for Field Clarification ", "Change in
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractors Notification of Change in
Conditions" and "Contractor's requests for Change Orders ". Provide
appropriate response and /or recommendations to and from City. Consult
with design engineer on all technical matters and arrange for and a
participate in negotiations between City and the Contractor.
n. Monitor permits under which City has responsibility, monitor the expiration
dates and make application for extensions when appropriate. Monitor the
Contractor's general compliance and advise the Contractor when non-
compliance is observed.
o. Update and analyze the master construction schedule each week, update
the master construction schedule with the previous week's progress and
the Contractor's anticipated projected work. Analyze actual verses
anticipated progress, milestone dates and final completion. Make •
recommendations as necessary and advise City of changes.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
• Groundwater Development Project
p. Process monthly pay estimates, including review of the Contractor's work
progress with City representative on the Contractor's pay requests; review
for accuracy and compare with actual work completed; make appropriate
recommendations to the City on payment issues and provide a summary
report of work performed during each pay period.
q. Provide document control including processing and filing all project
correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
Monitor Contractor's safety program by observing the implementation of
the Contractor's safety program and report any deviations from the
program. (This action will not relieve Contractor of sole responsibility for
job site safety.) Consultant shall not assume, and the City shall not
require, that Consultant bears any responsibility or liability for safety of
anyone other than their own employees. Consultant will not be required to
work in or inspect any of the Contractor's work in unsafe working
conditions. Only City will have the authority to issue "Stop Work Orders"
to Contractors.
s. Observe general site conditions and notify Contractor when excess
materials, etc., must be disposed of and when general site clean up is
required at the Wellhead Facilities.
5. Disinfection and Testing
Establish and implement a continuous program to monitor disinfection and
testing activities, including the following:
(1.) Review Contractor's proposed disinfection and testing procedure
for all pipelines; analyze procedures with City staff and design
engineer; assist Contractor with any approved modifications to the
procedures, meeting all requirements of the Standard Special
Provisions.
(2.) Observe and document sweeping, cleaning and swabbing of the
pipeline interiors and other appurtenances.
(3.) Observe and document pressure testing of the pipelines and
appurtenances with City personnel in accord with the specifications
and approved testing sequence.
(4.) Observe and document disinfection of the pipelines and well
casings in accord with the specifications.
6. Project Close Out
a. Coordinate with City staff, the administration agency, design engineer and
Contractor to prepare project close -out, as follows:
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project •
(i.) Determine that all testing has been successfully completed and all
construction is complete and satisfactory.
(ii.) Prepare preliminary punch list of deficiencies.
(iii.) Observe Contractor's successful completion of all work required by
preliminary punch list.
(iv.) Prepare final punch list of deficiencies.
(v.) Observe Contractor's successful completion of all work required by
final punch list. Repeat Steps 1 through 5 until all items are
complete.
(vi.) Consultant shall maintain a record of all changes made during
construction, and periodically (at least monthly) review Contractor's
records to assure Contractor keeps a record of changes in accord
with the specifications.
(vii.) Obtain Contractor's records of changes during construction (as-
builts).
(vii.) Coordinate the production of record drawings with design •
consultants. Review completed record drawings and make
recommendations to City on acceptance.
(ix.) Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to "CITY" on acceptance.
(x.) Witness and document delivery of all spare parts and similar items
from the Contractor to City as required by the Contract Documents.
(xi.) Obtain from the Contractor any written documents required by the
Contract for project close -out.
(xii.) Prepare recommendations to City for preparation of the "Notices of
Completion ".
(xiii.) Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
(ivx.) Remove all equipment and items belonging to Consultant from the
field office. •
A
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project
7. Additional Responsibilities
a. Consultant shall assign responsible representatives (Project Manager and
On -Site Resident Engineer) and alternates. Representatives shall be
responsible for duties from contract negotiations through project
completion.
b. If primary representatives should be unable to continue with the Wellhead
Facilities, then the alternate shall become the primary representative.
c. Any changes in responsible representation must be approved in advance
by the City.
(1.) The City will have the right to reject any proposed changes in
personnel, and may consider such changes a breach of contract
and cause for termination.
3. DUTIES OF THE CITY
In order to assist Consultant in the execution of their responsibilities under this
Agreement, the City agrees to provide the following:
• A. Plans, drawings, specifications and cost estimates as may be available or in
existence, which may be germane to the proper execution and completion of the
Wellhead Facilities.
B. Survey information, as may be available and applicable to Wellhead Facilities.
C. Design criteria, hydraulic data and other technical information, as may be
available and appurtenant to Wellhead Facilities.
D. Provide network tie -in for Consultant's office trailer computer.
E. Licensed software and applicable manuals for use by Consultant.
F. Blueprinting, large orders of photocopying and other services through City's
reproduction company, Banana Blueprint. Consultant must obtain City's approval
prior to any reproduction.
4. TIME OF COMPLETION
A. Consultant shall commence work immediately upon receipt of written notice to
proceed. All work will be completed in a diligent and efficient manner to the
execution of its completion.
B. The term of this Agreement shall expire thirty (30) calendar days after the date
the Wellhead Facilities is completed and accepted by City. It is agreed and
understood by both parties that this is sufficient time to complete all such
• activities and tasks associated with the Wellhead Facilities.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project
5. OWNERSHIP OF DOCUMENTS
A. Original reports and other deliverable documents to be provided by Consultant
under this Agreement shall become the exclusive property of City and may be
reproduced as deemed necessary by City or its duly authorized representative.
Use of complete or incomplete deliverables or documents for purposes other
than this Wellhead Facilities shall be at the sole risk of City. City shall indemnify
Consultant for any damages incurred as a result of such use. No report,
drawing, map, document or other data given to, prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual
or organization by Consultant without prior written approval by City, unless
required by subpoena.
B. Consultant may reserve the right to publish materials or reports related to the
work performed or data collected under the provisions of this Agreement. The
right to publish shall be at the sole discretion of the City and written permission
must be obtained by Consultant from City on a case by case basis. Blanket
publishing approval shall not be granted.
C. Consultant has permission to show prospective clients reports and data which
have been accepted by City as prepared under this Agreement.
6. RIGHT OF TERMINATION
A. City reserves the right to terminate this Agreement without cause at any time by
giving Consultant five (5) business days prior written notice. Notice shall be
deemed served when delivered personally or upon deposit in the United States
mail, postage prepaid, addressed to Consultant's business office at 23231 South
Pointe Drive, Suite 103 , Laguna Hills, California, 92653.
B. Consultant may terminate this Agreement after ten (10) days' written notice from
Consultant to City notifying City of its substantial failure to perform in accord with
the terms of this Agreement, if the City has not corrected it's non - performance
within that time.
C. In the event of termination due to errors, omissions, or negligence of Consultant,
City shall be relieved of any obligation to compensate Consultant for that portion
of work directly affected by such errors, omissions, or negligence of Consultant.
If this Agreement is terminated for any other reason, City agrees to compensate
Consultant for the actual services performed up to the effective date of the
"Notice of Termination ", based on the fee schedule contained herein.
7. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of the City. Consultant
shall not sublet, transfer or assign any work except as otherwise provided for
herein or as authorized in advance by the City.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project
B. Neither Consultant nor City shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written consent
of the other party; provided, however, that claims for money due or to become
due Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution, or to a trustee in bankruptcy, without such
approval. Notice of any such assignment or transfer shall be promptly furnished
to the City.
8. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, City hereby agrees to compensate
Consultant on an hourly basis as set forth below in the "PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than two hundred and
fifty three thousand and ninety dollars ($253,090), except as otherwise provided
for herein below.
B. PAYMENT AND FEE SCHEDULE
personnel hourly rates
Principal in Charge ................................. ............................... $97.00
Construction Manager ............................ ............................... 90.00
Resident Engineer .................................. ............................... 75.00
Technical Support .................................. ............................... 45.00
C. The contract amount shall be paid to Consultant in monthly partial payments
based on the amount of hours worked and expenses incurred during each
monthly pay period, based on the actual hours of labor expended as determined
by the Project Manager for City. The sum of the partial payments shall not
exceed ninety percent (90 %) of the maximum fee as set forth in paragraph "A"
herein above. The balance of the total amount earned shall be paid upon
completion of the work specified herein.
D. In addition to the fixed, not -to- exceed fee, the City agrees to reimburse
Consultant for the actual cost (plus 10 %) for all outside expenses, including
those for: reproduction for copies of plans, reports and related documents,
material costs authorized in advance by the Project Engineer for the City, and
other reasonable expenses where such costs have been advanced by
Consultant and approved in advance by the City.
(1.) Consultant shall provide written records (originals) of all expenses incurred,
and shall report all hours expended in the performance of duties and tasks
on a monthly basis. City agrees to pay Consultant within thirty (30) calendar
days of the receipt of said records and hourly summary.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project .
(2.) Consultant shall not be compensated for use of Consultant's equipment,
hardware, software materials or reproduction. Said costs are non -
compensable. Time expended by Consultant's personnel on such
equipment shall be paid on the basis of the "Fee Schedule" herein above.
9. RECORDS
Consultant shall maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by City that relate to the
performance of the services specified under this Agreement. All such records shall
be maintained in accord with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall provide free access to the
representatives of City or its designees at all proper times upon reasonable notice to
Consultant to such books and records, and gives City the right to examine and audit
same, and to make transcripts therefrom as deemed necessary at "CITY's" cost, and
to allow inspection of all work, data, documents, proceedings and activities related to
this Agreement.
10.INSURANCE
A. On or before the date of execution of this Agreement, Consultant shall furnish
City with completed certificates showing the type, amount, class of operations
covered, effective dates and dates of expiration of insurance policies. Consultant •
shall use the City's Insurance Certificate form for endorsement of all policies of
insurance. The certificates do not limit Consultant's indemnification, and also
contain substantially the following statement: "The insurance covered by this
certificate may not be canceled or non - renewed, except after thirty (30) days'
written notice has been received by City ". Coverage may not be reduced or
otherwise materially altered without the same advance notice to City of such
alteration.
B. Consultant shall maintain in force at all times during the performance of this
Agreement all policies of insurance required by this Agreement; and said policies
of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "A" (or higher) and Financial Size Category "VIII" (or
larger) in accord with an industry-wide standard and shall be licensed to do
business in the State of California. However, the. minimum rating for the
"CONSULTANTS" Errors & Omissions carrier shall be "A ", "VIII" or better.
1. An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide", latest edition.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
0 Groundwater Development Project
C. Consultant shall maintain the following minimum coverage's:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Bodily Injury
Property Damage
Amount
$1,000,000 each occurrence
$1,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of $1,000,000
will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one million
dollars ($1,000,000).
• D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has
agreed to provide general liability insurance, Consultant shall look solely to its
insurance for recovery. Consultant hereby grants to City, on behalf of any
general liability insurer providing insurance to either Consultant or City with
respect to the services of Consultant, a waiver of any right of subrogation which
any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
E. Additional Insured
City, its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions Insurance.
The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as
such additional insured; and an additional insured named herein shall not be
liable for any premium or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not be
required to contribute anything toward any loss or expense covered by the
insurance provided by this policy. Proceeds from any such policy or policies
shall be payable to City primarily, and to Consultant secondarily, if necessary.
it
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project
11. WAIVER
A waiver by City or Consultant 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 different character.
12. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing party all costs and expenses in such
amount as the court may adjudge to be reasonable costs of litigation.
13. 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 hereof. Any modification to
this Agreement will be effective only by written execution signed by both City and
Consultant. •
14. HOLD HARMLESS
Consultant shall indemnify and hold harmless, City, its City Council, boards and
commissions, officers, and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses, whatsoever, including reasonable costs
of litigation, arising from Consultant's negligent acts, errors or omissions, in the
performance of services herein.
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Professional Services Agreement
Construction Management Services
Wellhead Facilities at Dolphin Avenue & Tamura School Well Sites
Groundwater Development Project
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the first date above written:
APPROVED AS TO FORM:
City of Newport Beach,
a municipal corporation
Robin Clauson John Hedges, Mayor
Assistant City Attorney City
ATTEST:
LeVonne Harkless
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, California 92658 -1768
(714) 644 -3011 (714) 646 -5204 (FAX)
Daniel Boyle Engineering, Inc.
a California Corporation
Thomas B. Hooker, Jr., P.E., Vice President
Consultant
13
Daniel Boyle Engineering, Inc.
23231 South Pointe Drive, Suite 103
Laguna Hills, California 92653
(714) 766 -2600 (714) 586 -5188 (FAX)
�3