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Home My WebLink AboutC-3004(B) - Hydrogeologic and Construction Observation Services, GroundwaterAMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT Hydrogeologic and Construction Monitoring Services Groundwater Development Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of January, 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Richard C. Slade & Associates, as a sole - proprietor, and a California Company, (hereinafter referred to as "Consultant') is made with reference to the following: 200itr \W.4 A. On June 6, 1994, a Professional Services Agreement was entered into by and between City and Consultant, hereinafter referred to as "Agreement'. B. City and Consultant mutually desire to amend the Agreement to provide for additional services not required in the Agreement and an increase in compensation. NOW THEREFORE, the parties hereto agree as follows: 1. The maximum fee to be paid as compensation to Consultant to cover hydrogeologic and construction monitoring services performed during the term of the Agreement is $125,200. The fee shall be increased by $60,000, to cover the cost of additional services described in this AMENDMENT NO. 1. 2. The term of this Agreement is not to extend past December 31, 1996. 3. The standard hourly rates established for this Agreement shall continue in effect and shall be unchanged through December 31, 1996. 4. Consultant agrees to provide the following additional services: a. Continued meetings with City staff as necessary during the installation and drilling of the water wells. b. Field monitoring during completion of the well drilling. C. Performed additional hydrogeologic analysis based on data obtained in the field. d. Obtained samples of groundwater for water quality analysis. e. Coordination with the City of Fountain Valley and the Orange County Water District throughout the entire project. i • Amendment No. 1 Professional Services Agreement Richard C. Slade & Associates IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the first date above written. Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk City of Newport Beach, a municipal corporation J n Debay, Mayor RICHAR 'C SLADE & AS IATES a Sole Pr rii or of a i nia /pany t/ Richard C. Slade, President Consultant • • r1 U January 27, 1997 JAN 2 71997 ; I ITY COUNCIL AGENDA —I ITEM NO. 11 c Q!ar,pl�r TO: MAYOR AND MEMBERS OF THE CITY COUNCIL C_.�� FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NOTICE OF COMPLETION (CONTRACT NO. 3004 -S) CONSTRUCTION OF WATER WELLS LOCATED AT THE DOLPHIN AVENUE & TAMURA SCHOOL WELL SITES AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Approve final authorization to Richard C. Slade & Associates for Hydrogeologic and Construction Observation Services related to the construction of the water wells. DISCUSSION: Accept the Work and Authorize the City Clerk to File a Notice of Completion for Bakersfield Well & Pump Company: The contract for drilling and installation of water wells located at the Dolphin Avenue and Tamura School well sites has been completed by Bakersfield Well & Pump Company of Bakersfield, California to the satisfaction of the Public Works Department. The bid price was $ 799,044.75 Amount of change orders $(40,976.15) Total contract cost $758,068.60 There were a total of three change orders for this project. The first two change orders were for standby time and rental of additional equipment, amounting to a total of $3,646. The third change order was a credit to the City for reduction in the drilling depths of each of the wells. This resulted in an overall cost reduction of $40,976.15 for the well drilling construction portion of the Groundwater Development Project. 6 0 Page 2 Notice of Completion Construction of Water Wells at Dolphin Avenue & Tamura School January 27, 1997 Funds for the project were budgeted in the following account: Description Water Wells & Transmission Pipelines Account Number Amount 7504- C5500094 $758,068.60 The scheduled completion date was September 21, 1996, which was met and staff recommends acceptance of the work. Approve final authorization to Richard C. Slade & Associates for Hydrogeologic and Construction Observation Services: On April 25, 1994, the City Council entered into an agreement with Richard C. Slade and Associates (RCS) for hydrogeology and construction observation services for the well drilling portion of the Groundwater Development Project (GDP). The original agreement with RCS specified a fee of $125,000 and indicated that the project would be completed by July, 1995. This work effort included performing a hydrogeologic analysis, preparing well construction and testing plans and specifications, and providing well construction monitoring during the drilling operation. Over the course of the project, there have been delays and additional work associated with the project, including the final negotiations with the City of Fountain Valley for the well site and the well drilling permit. RCS was key in all of the negotiations with the City of Fountain Valley and spent a considerable amount of time towards the effort of obtaining the well drilling permit and lease agreement with them. In addition, RCS performed a supplementary aquifer test at the request of the City of Fountain Valley. Also, additional effort by RCS was necessary to assist in managing Bakersfield Well & Pump's drilling operation. Because of the delay in the project, the well drilling became the critical path component of the overall Groundwater Development Project. RCS and City staff expended considerable more time than initially anticipated to ensure the timely completion of the project, which was accomplished during the additional 14 months it took to complete this project. RCS was required to perform studies, evaluations and on site supervision of the drilling operation that was beyond the scope of the 1994 agreement. u 0 • Page 3 Notice of Completion Construction of Water Wells at • Dolphin Avenue & Tamura School January 27, 1997 RCS has requested a final authorization of $60,000 for the additional hydrogeologic and construction observation efforts relating to this project. Staff concurs with this request and agrees that work beyond the scope of the original agreement was performed. The consultant's efforts were key in convincing Fountain Valley that the new City well would not have a significant impact on nearby Fountain Valley wells. This contract change was anticipated in the overall Groundwater Development Project cost of 23.7 million that was reported In August, 1996. Respectfully submitted, C (a PUBLIC WORKS DEPARTMENT Don Webb, Director By: M'chael J. Sinacori, P.E. Utilities Engineer MJS:sdi Attachment: Amendment to Professional Services Agreement with Richard C. Slade and Associates. • r i AMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT Hydrogeologic and Construction Monitoring Services Groundwater Development Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of January, 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Richard C. Slade & Associates, as a sole - proprietor, and a California Company, (hereinafter referred to as "Consultant') is made with reference to the following: RECITALS: A. On June 6, 1994, a Professional Services Agreement was entered into by and between City and Consultant, hereinafter referred to as "Agreement'. B. City and Consultant mutually desire to amend the Agreement to provide for additional services not required in the Agreement and an increase in compensation. • NOW THEREFORE, the parties hereto agree as follows: 1. The maximum fee to be paid as compensation to Consultant to cover hydrogeologic and construction monitoring services performed during the term of the Agreement is $125,200. The fee shall be increased by $60,000, to cover the cost of additional services described in this AMENDMENT NO. 1. 2. The term of this Agreement is not to extend past December 31, 1996. 3. The standard hourly rates established for this Agreement shall continue in effect and shall be unchanged through December 31, 1996. 4. Consultant agrees to provide the following additional services: a. Continued meetings with City staff as necessary during the installation and drilling of the water wells. b. Field monitoring during completion of the well drilling. C. Performed additional hydrogeologic analysis based on data obtained in the field. d. Obtained samples of groundwater for water quality analysis. e. Coordination with the City of Fountain Valley and the Orange • County Water District throughout the entire project. Amendment No. 1 Professional Services Agreement Richard C. Slade & Associates IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the first date above written. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney 0 ATTEST: LaVonne Harkless City Clerk 11 City of Newport Beach, a municipal corporation Jan Debay, Mayor RICHARD C. SLADE & ASSOCIATES a Sole Proprietor of a California Company Richard C. Slade, President Consultant CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 E4 -y� TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: June 6, 1994 SUBJECT: Contract No. C- 3004(B) Description of Contract Hydrogeologic Services for Design & Construction Monitoring for Water Wells as a part of the Groundwater Development Project Effective date of Contract June 6 Authorized by Minute Action, approved on April 25 1994 Contract with Richard C. Slade & Associates Address 6442 Coldwater Canyon Avenue Suite 214 North Hollywood CA 91606 - Amount of Contract (See Agreement) " s Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach i FGREEMENT PROFESSIONAL HYDROGEOLOGIC SERVICES FOR DESIGN & CONSTRUCTION MONITORING FOR WATER WELLS AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this 0�y day of -A4ny, c�L 1994, by and between the City of Newport Beach, a municipal Corporation, hereinafter/ referred to as "CITY ", and Richard C. Slade & Associates, as a sole - proprietor, and a California Company, hereinafter referred to as "CONSULTANT ". WITNESS ET M: WHEREAS, "CITY ", desires to secure an alternate source of reliable water for its municipal water system by implementing a Groundwater Development Project to construct water wells and delivery facilities to deliver potable water to its customers, and; WHEREAS, "CITY ", as part of the Groundwater Project, must investigate and test the well water from the Orange County groundwater basin, and; WHEREAS, "CITY" as part of this project seeks to construct facilities to pump water from the groundwater basin and transport it to the City's water storage reservoir at it's 16th Street facility, and; WHEREAS, "CITY" desires hydrogeologic services for investigation, design and construction monitoring of four new water production wells, which are collectively hereinafter referred to as "PROJECT ", and; WHEREAS, implementation of the design and field construction monitoring for said "PROJECT" requires the services of a qualified and experienced hydrogeologist, and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" for preparation of the "PROJECT" design and to provide certain other essential professional services, as outlined herein below, and; WHEREAS, "CITY" has reviewed the previous experience and has 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: 0 0 I. 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 hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY ". A. "CONSULTANT" shall provide the necessary services to complete the defined tasks associated with the design phase of the "PROJECT ". Those tasks include the following: 1. Meetings with City staff. a. "CONSULTANT" shall keep City's Project Manager apprised of the progress being made on the "CONSULTANT'S" design activities. Such appraisal shall be made via telephone, in writing as appropriate and via the meetings mentioned herein below. b. "CONSULTANT" shall meet with the City staff for an orientation meeting, to review the hydrogeologic feasibility report, to review pre- construction activities, during the design process, prior to the well construction monitoring and to review the summary of operations report for the "PROJECT ". Other meetings may be required and shall be held on an as- needed basis. c. "CONSULTANT" shall meet with the "CITY" and "CITY'S" consultants for design of the new water well facilities at the request of the "CITY" or additionally as may be necessary to coordinate the interrelated aspects of other project phases. 2. Review Background Data. a. "CONSULTANT" shall, in an effort to relay relevant information to their staff, review the pertinent background data obtained at the meetings with City staff, provided by other agencies and /or as provided by "CITY" during the course of the "PROJECT ". b. "CONSULTANT" is entitled to rely on materials provided by or through City without independent evaluation by "CONSULTANT ". 0 0 3. Hydrogeologic Feasibility Report a. "CONSULTANT" shall complete a preliminary hydrogeologic feasibility report on the "PROJECT" for the purpose of assessing the water- resource potential of the City's well sites and the aquifers available. A listing of tasks required in this phase shall include, but not limited to the following: 1. Data collection and review of the "PROJECT ". 2. Site reconnaissance for logistical parameters such as access and existing utilities. 3. Hydrogeologic analyses of the collected data and a report summarizing the findings, conclusions and recommendations for the "PROJECT ". 4. Pre - Construction Activities a. "CONSULTANT" shall prepare well construction and testing plans and specifications and shall assist "CITY" staff with compilation of the construction contract documents, specifications and plans. A listing of tasks required shall be included in this phase but not limited to the following: 1. Provide technical specifications for the "PROJECT ". 2. Provide a detailed engineer's estimate for various components of the "PROJECT ". a. Any opinion of construction cost prepared by "CONSULTANT" represents his judgment as a design professional and is supplied for the general guidance of the "CITY ". Since "CONSULTANT" has no control over the cost of the labor and material, or over competitive bidding or market conditions, "CONSULTANT" need not guarantee the accuracy of such opinion as compared to Contractor bids or actual cost to the "CITY ". 3. Assist "CITY" staff with the bidding process for the "PROJECT ". 5. Design Process and Scheduling a. "CONSULTANT" shall assist "CITY" staff with reviewing cost estimates and contracts from the chosen drilling contractor and in developing schedules for construction of each well. 6. Well Construction Monitoring a. "CONSULTANT" shall assist "CITY" staff with the tasks necessary to achieve successful drilling, construction and testing of the two well sites. A listing of tasks required shall be included in this phase but not limited to the following: 0 0 1. Attend and Assist "CITY' staff with the pre - construction meeting for the "PROJECT ". 2. Provide initial field coordination during mobilization of the contractor or contractors involved in drilling and /or constructing the water wells. 3. Provide experienced geologic logging personnel to geologically log drill cuttings from the pilot hole on a continuous 24 -hour per day schedule, monitoring fluid characteristics to ensure contractors conformance with the specifications and monitoring of measured drilling penetration rates to be plotted on the geologic log. 4. Provide observation and analysis of the electric logging of the pilot hole at each well and provide a review of the geophysical logs. Review and compare data from geophysical logs and the geologic log and provide a casing completion recommendation to the driller for the final reamed diameters and depths. 5. Conduct zone sampling of groundwater in selected aquifers in the open borehole and collect the water samples from each aquifer zone for the "CITY' to utilize in testing for analysis of water quality. 6. Provide to the "CITY' a prepared final well construction design including recommendations for casing lengths and diameter, well screen placement, perforation sizes (slot sizes), gravel pack type and gradation and depth of cement around the blank casing. In addition, provide monitoring to track reaming operations of the pilot hole. 7. Provide on -site monitoring for the installation of the appropriate well screen, blank casing, gravel pack and cement seal. Monitoring shall be conducted to ensure conformance to the specifications. 8. Submit daily drilling and construction activities reports relating to casing and gravel pack installation. 9. Review data obtained from the prescribed insertion of a casing dummy or cage and monitor deflection readings for the alignment testing of the wells. 10. Provide a qualified geologist at appropriate times to monitor well development by both mechanical and pumping methods. 11. Provide a qualified geologist to monitor step - drawdown testing of the completed wells. 12. Provide a qualified geologist at appropriate times to monitor water level drawdown and recovery in the wells during and after the final constant -rate pumping test of the completed wells. 13. Provide detailed review of progress billings by the drilling contractors. 0 0 7. Summary of Operations Reports a. "CONSULTANT" shall provide a summary of the operations report including analysis of field and laboratory data obtained during well construction. III. DUTIES OF THE CITY In order to assist the "CONSULTANT" in the execution of his responsibilities under this Agreement, "CITY" agrees to provide the following: A. Provide any background information, reports, contracts, specifications, proposals or agreements as may be available or are in existence, which may be germane to the proper preparation and completion of the "CONSULTANT's" defined duties. B. Provide a field and control survey to accurately reflect the existing surface conditions. This survey will be used to prepare accurate base sheets. C. Provide a geotechnical report reflecting the existing conditions and outlining seismic and geotechnical design parameters. This report and recommendations will be used for design purposes. D. Assist "CONSULTANT" with interpretation of "CITY" standards and design criteria. Meet with "CONSULTANT" as necessary to provide input or direction on matters pertaining to completion of specifications and final construction plans. E. Review plans, specifications and other documentation provided by "CONSULTANT" relative to "PROJECT" in a timely fashion. F. Act as the Project Manager and provide construction administration and assist with field inspection on the proposed project, once designed and awarded for construction. G. Provide the 'boiler- plate" contract document forms and cover sheet for the contract document package. H. Provide the reproduction and printing of the final contract documents and technical specifications and plans in a bound booklet. IV. TIME OF COMPLETION "CONSULTANT" shall commence work immediately upon receipt of written notice to proceed. Work as required herein, shall be completed in a diligent and efficient manner to the execution of its completion. 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" 9 0 V. OWNERSHIP OF DOCUMENTS Original drawings 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. However, any use of completed deliverables or documents for purposes other than for this "PROJECT ", or any use of incomplete documents, shall be at "CITY'S" sole risk, and "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or 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. "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. "CONSULTANT" is granted permission to show to 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 the "CONSULTANT's" business office at 6442 Coldwater Canyon Avenue, Suite 214, North Hollywood, California 91606. 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 ", on the basis of the fee schedule contained herein. 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 ". 0 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 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 the amount of one hundred twenty five thousand two hundred dollars ($125,200.00), except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Hydrogeologist.................................................. ............................... $115.00 Engineering Geologist ...................................... ............................... 115.00 Staff Hydrogeologist ........................................ ............................... 75.00 Field Hydrogeologist .............. ............................... .......................... 64.00 Graphics............................................................. ............................... 40.00 Clerical................................................................ ............................... 35.00 special equipment and services hourly rates Hermit Data Logger & Transducer (for Aquifer tests) ............... $ 350.00 per day Groundwater Monitoring Syringe (for volatile organics) .......... 125.00 per day Submersible Pump (4 -inch diameter) and Generator ................. 150.00 per day Field Water Quality Probe (T, pH, EC) .......... ............................... 75.00 per day Electric Tape Water Level Probe ..................... ............................... 25.00 per day Check -valve Bailers (hydrocarbons or other contaminants) ..... 20.00 per day 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 approved 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 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 Engineer for "CITY", and other reasonable expenses, where such costs have been advanced by "CONSULTANT" and approved in advance by "CITY'. 1. "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his 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 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. 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 the total compensation exceeding twenty thousand dollars ($20,000.00) shall require that an amended Agreement for such additional services be executed by 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, non - renewed, except after thirty (30) days' written notice has been received by "CITY ". Coverage may not be reduced or otherwise materially altered. 0 0 B. "CONSULTANT" shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "B" (or higher) and Financial Size Category "XV" (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 "CONSULTANT's" Errors & Omissions carrier shall be "B + ", "VIII" or better. 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 coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Amount Bodily Injury $ 1,000,000 each occurrence $ 1,000,000 aggregate Property Damage $ 1,000,000 each occurrence $ 1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of one million dollars ($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 ($1,000,000.00). 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 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. WMV11:1IT1:][ 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 of 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 hereunder. 10 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Flc Assistant City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, California 92658 -8915 (714)644 -3011 (714)646 -5204 (FAX) 11 City of Newport Beach, a municipal corporation i Clarence Tum ayor „Cl l l„ Richard C. Slade & Associates Sole Proprietor of a California Company Richard C. Slade & Associates 6442 Coldwater Canyon Avenue, Suite 214 Noah Hollywood, California 91606 (818)506 -0418 (3� CITY COUNCIL April 25th, 1994 APR 2 5 :c^ CITY COUNCIL AGENDA ITEM NO. —9 TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: PROFESSIONAL SERVICES AGREEMENTS (CONTRACT NO. C -3004) FOR THE GROUNDWATER DEVELOPMENT & RELATED CAPITAL PROJECTS: GEOTECHNICAL INVESTIGATION & FIELD MONITORING ✓ C- 3004 -A CONVERSE CONSULTANTS O. C. HYDROGEOLOGY & FIELD INSPECTION SERVICES v C- 3004 -B R. C. SLADE & ASSOCIATES PROFESSIONAL SERVICES & ENGINEERING CONSULTING ✓ C- 3004 -C DONALD C. SIMPSON FIELD SURVEYING, ENGINEERING & PROJECT MANAGEMENT VC- 3004 -D DMc,ENGINEERING, INC. RECOMMENDATIONS: If desired, authorize the Mayor and the City Clerk to execute Professional Services Agreements on behalf of the City, with the firms: 1. Converse Consultants Orange County 2. Richard C. Slade & Associates 3. Donald C. Simpson 4. DMc Engineering, Inc. BACKGROUND: The City of Newport Beach has a goal of obtaining an alternate source of water from the Orange County groundwater basin by mid -1995. The series of projects to accomplish this is referred to as the Groundwater Development Project. The Groundwater Development Project has reached a point where further implementation requires a number of professional services to be performed while capital project components are being planned, designed and constructed for both the Groundwater Development Project and other non - groundwater utility related projects. Significant components of the Groundwater Development Project include construction of the 3.0 million gallon reinforced concrete reservoir and the 14,000 gallon per minute pump station with appurtenant site work at the Utilities Yard, a series of transmission pipelines and distribution system improvements and construction of water well facilities in Fountain Valley. Over the last 24 months the City has invited a number of firms to submit statements of qualifications and experience. After consideration of qualifications, experience and their specialized capabilities, staff conducted interviews and requested firms to submit proposals. The following firms were interviewed: Converse Consultants Orange County; Richard C. Slade & Associates; Donald C. Simpson; and DMc Engineering, Inc. April 25, 1994 - Page 2 Professional Services Agreements Groundwater Development & Capital Projects Staff considered the following criteria when evaluating the consulting engineer's qualifications to provide professional design, project coordination, field monitoring and construction management services: 1. Experience with similar projects and work tasks. 2. Experience with contract and construction management. 3. Experience and knowledge with City projects and programs. 4. Availability and ability to commit individual or key personnel on a part-time or full -time basis, depending on work demands for the remaining fiscal year with a similar commitment in the next fiscal year. 5. Flexibility to adjust hours on an "as- needed" basis. 6. Expertise in the specialized areas such as hydrogeology, geotechnical engineering, or construction project management. 7. Exceptional communication skills of the principals of the firm in the areas of specialization. All four (4) firms are local firms, with a variety of specialized experience working either directly with the City of Newport Beach or with other local municipal utility agencies. Each firm provides a project principal that will be assigned to the project who is a Registered Civil Engineer by the State of California. Converse Consultants Orange County was the geotechnical engineering firm for the Utilities Yard Expansion Phase II. Converse is well qualified to provide geotechnical design information for this project. Their experience in the City and throughout Orange County include Triangle Square in Costa Mesa, the Castaways Marina, Dominis Restaurant, the Irvine Avenue Improvements, the Balboa Bay Bridge widening, Newport Harbor High School, the Balboa Fun Zone and many residential structures. The contact person from Converse Consultants Orange County will be Thomas J. Schell, Vice President and Principal Engineer. Mr. Schell has over 31 years experience in the geotechnical field and is a registered geotechnical engineer in the State of California. Converse Consultants is available to work on the Groundwater Development Project as requested by the Utilities Department. Richard C. Slade & Associates (RCSA) is a group of groundwater geologists with a local office in North Hollywood, California. RCSA has sited, designed and /or monitored the construction of more than 100 water wells in California both for municipal and agricultural supply purposes. Typical water well projects have included well construction to depths as great as 2,000 feet. Their experiences include construction of municipal- supply water wells for the cities of Orange, Tustin and Fullerton, for the Irvine Ranch Water District and for the Orange County Water District. The contact person will be Richard C. Slade, principal Hydrogeologist. Mr. Slade has over 26 years of hydrogeologic experience and is a registered geologist and registered hydrogeologist in the State of California. RCSA is available to work on the Groundwater Development Project as requested by the Utilities Department. April 25, 1994 - Page 3 Professional Services Agreements Groundwater Development & Capital Projects Donald C. Simpson was employed by the City of Newport Beach as a project engineer from 1975 -1986. Since then he has been retained by the Public Works Department as a consultant for the construction of the new Central City Library. Mr. Simpson has been involved with the Groundwater Development project since 1988 and was a critical member of the project team in acquiring the lease for the "Seawater Line" and acquisition effort for the well sites in Fountain Valley and the various rights -of -way, permits and easements related to the project. Mr. Simpson is available to work on the Groundwater Development Project as needed by the Utilities Department. DMc Engineering, Inc. was the civil engineer on the Phase II Interim Mass Grading Project for the Utilities Yard Expansion. DMc has been involved with planning and implementation of the Groundwater Development Project since 1988. Their work includedseveral Utility Research Studies in Santa Ana, Costa Mesa, Huntington Beach and Fountain Valley; design and construction of the 30 -inch water main across the Santa Ana River, utility relocation and grading for the Phase I - Utilities Yard Expansion; and conceptual planning for the Phase Ii - Utilities Yard Expansion. Derek J. McGregor, principal engineer will be the primary contact from DMc Engineering. Mr. McGregor has over 15 years experience in the civil engineering field and his knowledge of the City makes him well qualified to provide field surveying, engineering, and project management over a wide range of capital improvement projects. DMc Engineering is available to work on the Groundwater Development Project an average of 30 hours per week. The proposed services will be performed under individual Professional Services Agreements which provide the required services to be performed in accord with the approved fee schedules. The fee schedules are attached. GROUNDWATER DEVELOPMENT PROJECT - GEOTECHNICAL INVESTIGATION & FIELD CONSTRUCTION MONITORING CONSULTANT: Converse Consultants Orange County TERM: January 1994 to December 1994 FEE: Not to exceed $64,000 based on standard hourly rates SERVICES: Geotechnical Investigation and Construction Services 2. GROUNDWATER DEVELOPMENT PROJECT - HYDROGEOLOGY AND FIELD INSPECTION SERVICES FOR WATER WELL CONSTRUCTION CONSULTANT: Richard C. Slade & Associates TERM: April 1994 to July 1995 FEE: Not to exceed $125,000 based on standard hourly rates SERVICES: Hydrogeology and Field Inspection Services 3. GROUNDWATER DEVELOPMENT PROJECT - PROFESSIONAL SERVICES & ENGINEERING CONSULTING CONSULTANT: Donald C. Simpson TERM: April 1994 to December 1994 FEE: Not to exceed $15,000 based on standard hourly rates SERVICES: Professional Services & Engineering Consulting April 25, 1994 - Page 4 Professional Services Agreements Groundwater Development & Capital Projects 4. GROUNDWATER DEVELOPMENT PROJECT - FIELD SURVEYING, ENGINEERING & PROJECT MANAGEMENT CONSULTANT: DMc Engineering TERM: January 1994 to December 1994 FEE: Not to exceed $143,000 based on standard hourly rates SERVICES: Field Surveying, Engineering & Project Management Funds for these capital project related services are available in the Water Fund under Capital Projects accounts numbered 7503- 98500016 and 7503 - 98500018 and 7503 - 98500212 and 7503- 98500218. If approved, the professional services efforts will commence immediately. Certain services these engineers will provide for the City are critical to the successful and timely implementation of the Groundwater Development Project. Staff recommends approval of these professional services agreements to implement the various phases of the Groundwater Development Project and to insure a series of high quality construction project components. Respectfully submitted, �E,F.F. STgn1F.�iRT Jeff Staneart, P.E. Utilities Director IS:sdi Attachments: Fee Schedules for Professional Services • • CONVERSE CONSULTANTS OC SCHEDULE OF FEES Introduction It is the objective of Converse to provide to its clients high quality professional and technical services and a continuing source of professional advice and opinions. Geotechnical services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. Services commenced in the current year and continued into the following year will be charged in the following year in accordance with the fee schedule for that year unless otherwise contracted. Hourly Charge for Personnel Fees for our professional services, including project administration, are based on the time that professional, technical and support personnel directly charge to the project. Actual staff assignments depend on personnel availability, job complexity, project site location, and experience level necessary to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. 1. Technical Aide $ 30 8. Staff Professional $ 65 2. Junior Technician 37 9. Senior Staff Professional 75 3. Engineering Graphics 49 10. Project Professional 85 4. Field Technician 49 11. Senior Professional 100 5. Senior Technician 61 12. Principal Professional 130 6. Supervising Technician 70 13. Principals /Consultants 150 7. Technical Typing & Administrative Support 40 An overtime charge of 25 percent of the above hourly rates for categories 1 -7 will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays, and holidays. Travel time will be charged to and from the job site in excess of home to office commute. Requests for field testing services have a minimum charge of two hours. Consultation and Litigation Fees for special consultation using senior or project consultants, and for services in connection with litigation are charged on a half or full day basis; rates are available on request. Expenses Invoices 1. Special equipment use and laboratory or testing fees will be charged at rates shown on Schedule II. Materials testing fees are shown on Schedule III. 2. In -house computer usage is charged at a rate of $20 per hour. 3. Exploration expenses (e.g., drilling, trenching) are charged at cost plus fifteen percent. 4. Travel and subsistence expenses (e.g., transportation, room, and board) for individuals on projects requiring travel and /or living away from a principal office are charged at cost plus fifteen percent. 5. Standard field testing equipment with trucks and supplies are charged at a rate of $6.00 per hour to and from the project site and for time at the project site (unlimited mileage). 6. Automobile expenses are charged at cost plus fifteen percent or at a rate of fifty cents per mile for automobiles traveling between principal office and project. 7. Communication expenses (phone, fax, modem, etc.) are charged at 3% of Converse's fees. 8. Other out -of- pocket, direct project expenses (e.g., aerial photos, outside computer service, permits, bonds, reproduction and printing services, long- distance telephone calls, and outside tests) will be charged at cost plus fifteen percent. 1 . A retainer of 50 percent of the estimate is required for projects with an estimated total fee of $3,000 or less. For such projects, the balance of the fee must be paid at the time the report is released to the Client. Projects with total fees of $1,500 or less require full payment from the client in advance. 2. Invoices for other projects will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. Invoices will show charges for each category of personnel and expense classifications. 3. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. In the event Client fails to pay any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent (18 %) per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services rendered when said payments are due. Attorneys' fees or other costs incurred in collecting any delinquency amount shall be paid by Client. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this Schedule of Fees as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should requests copy from this office. CCOC -H -93 CONVERSE CONSULTANTS ORANGE COUNTY Fee- -5c"Lm F_ Fop- C-30CA —A 0 RICHARD C. SI.ADE & ASSOCIATES CONSULTING OR0CND%%:%T1"R GP.OLOGIS'PS SCHEDULE OF CHARGES AND CONDITIONS SERVICES Hydrogeologist and Engineering Geologist Staff Hydrogeologist Field Hydrogeologist (Geologic Logging) Graphics Clerical SPECIAL EQUIPMENT AND SERVICES Hermit Data Logger & Transducer (for aquifer tests) Groundwater Monitoring Syringe (for volatile organics) Submersible Pump (4 -in diameter) and Generator Field Water Quality Probe (T, pH, EC) Electric Tape Water Level Probe Check -valve Bailers (hydrocarbons or other contaminants) Subsurface Exploration, Water Quality Laboratory Job Supplies, Reproduction, Lodging, etc. Automobile Mileage $115.00 per hour $75.00 per hour $64.00 per hour $40.00 per hour $35.00 per hour $350.00 per day $125.00 per day $150.00 per day $75.00 per day $25.00 per day $20.00 per day Cost + 16 Xi Cost + 15% $0.35 per mile PEF Sc1 -IEDUL-E- Fog C- - Soo¢ -B VIl %( %OPFICE 644 ?C 01.1 MAFF. R CAA Yi IAgV'I: >1I11.214. 50RF11 IIOi.lti" 0011. CA1.I FOR VIAU 11116 '1'1VF:I'll0A1 ?lr 11i ,tile lli L, 5,111- 115U.LF,) ' OFF ICE: I 'PF1 F'V,A AA1'A C41.LFal(}11.1 F01l A' I% 91674 1'FAE Pik 1A1:- :u:''n'I uil 0 0 DONALD C. SIMPSON CONSULTING CIVII. ENG IN EFR Schedule of Services & Charges Services Civil Engineer .............................. ............................... $ 70.00 1101-11 Reimbursable Charges Note: Blueprinting, reproduction, messenger service, delivery service and other direct outside expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies, or telephone expenses will be included. FEE 15; tEDvLE Fo(L r--3oc+-C 92 PELICAN COURT. NEWPORT BEACH . CALIFORNIA 92660. (7141 509.981, DIvI�Engineering Civil Surveying Planning EXHIBIT C HOURLY RATE SCHEDULE Effective January 1, 1994 thru January 1, 1995 OFFICE PERSONNEL Principal $ 100.00 Project Manager $ 80.00 Registered Engineer /Licensed Surveyor $ 70.00 Project Engineer $ 60.00 Survey Technician $ 60.00 Design Engineer /CAD Operator $ 50.00 Draftsperson $ 35.00 Specification Typist $ 30.00 FIELD PERSONNEL 3 Man Survey Crew $ 160.00 2 Man Survey Crew 1 Man Survey Crew .1 11 NOTE: Blueprinting, reproduction, computer plotting, messenger service and other direct expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies, or telephone expenses will be included. SEE. SGHE0 uLE. FGf C -3o04-1)