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HomeMy WebLinkAboutC-3004(C) - Professional Services & Engineering Consulting - Groundwater Projecti • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 T0: 1:INANCE DIRECTOR FROM: CITY CLERK DATE: June 14, 1994 (714) 644 -3005 SUBJECT: Contract No. C- 3004(C) Description of Contract Professional Services and Engineering Consulting for the Groundwater Development Project Effective date of Contract 26, 1994 Authorized by Minute Action, approved on April 25, 1994 Contract with Donald C. Simpson Address 82 Pelican Court Beach, CA 92660 Amount of Contract (See Agreement) " 4�p Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 0 • e -3oc�z(C) RGREEMENT PROFESSIONAL SERVICES AND ENGINEERING CONSULTING FOR THE GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this lal-4 day of April, 1994, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY', and Donald C. Simpson, Consulting Civil Engineer, an individual, hereinafter referred to as "CONSULTANT ". WITHESSETH: WHEREAS, "CITY', desires to secure a reliable alternate source of water 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 seek and acquire lease agreements and access and utility easements for water well sites in Fountain Valley, and for the water transmission main in the Talbert Channel, and; WHEREAS, "CITY', as part of the Groundwater Project seeks professional assistance with negotiating and acquiring such lease agreements, and access and utility easements with the appropriate owners of the proposed sites. And coordination with the Orange County Environmental Management Agency, such services are hereinafter referred to as 'PROJECT ", and; WHEREAS, implementation of the 'PROJECT" for said reservoir requires the services of a qualified structural engineering consultant, and; WHEREAS, "CITY' has solicited and received a proposal from "CONSULTANT" for preparation of the 'PROJECT" and 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 enter into an agreement with "CONSULTANT". NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 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 personally, by him. "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY ". II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY" A. "CONSULTANT's" tasks include the following: 1. Meetings with City staff a. "CONSULTANT" shall keep City's Utilities Director apprised of the progress being made on the "CONSULTANT's" activities. Such appraisal shall be made via telephone, in writing as appropriate and via meetings mentioned herein below. b. "CONSULTANT" shall meet with the City staff on an as- needed basis for the "PROJECT ". 2. Review Background Data a. "CONSULTANT" shall, in an effort to relay relevant information to their staff, review the pertinent background data as provided by "CITY" during the course of the "REVIEW ". 3. Engineering Consulting a. "CONSULTANT" shall meet and provide coordination between the "CITY" and the owners of said land with respect to the lease agreement and the access and utility easements for the water well sites. b. "CONSULTANT" shall meet and provide coordination between the "CITY" and the Orange County Environmental Management Agency of said land with respect to access and utility easements for the existing and proposed water transmission main within the Talbert Channel. 9 0 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 background information, previously established design criteria, plans and other pertinent information, which may be germane to the proper preparation and completion of the "CONSULTANT's" defined duties. B. Assist "CONSULTANT" with negotiations and acquisition of lease agreements and access and utility easements. 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 "REVIEW" 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 "REVIEW ". V. OWNERSHIP OF DOCUMENTS Original summarization 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 "REVIEW ", 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. 0 0 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 82 Pelican Court, Newport Beach, California 92660. 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 ". 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. hi 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 fifteen thousand dollars ($15,000.00), inclusive, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Civil Engineer .................................................... ............................... $ 70.00 • 0 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 Manager 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 seven thousand dollars ($7,000.00) shall require 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. L XII. 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 cost 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Flory , Assistant City ATTEST: I Wanda Raggio 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 7 City of Newport Beach, a municipal corporation e� Clarence jAener, Mayor Donald C. Simpson, Consulting Civil Engineer an individual 1 Donald C. Simpson, Principal "CONSULTANT" Donald C. Simpson, Consulting Civil Engineer 82 Pelican Court Newport Beach, California 92660 (714 ) 509 -9875 • • C- -C AGREEMENT PROFESSIONAL SERVICES AND ENGINEERING CONSULTING FOR THE GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this 7,a'� day of April, 1994, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY', and Donald C. Simpson, Consulting Civil Engineer, an individual, hereinafter referred to as "CONSULTANT ". WITHESSETM: WHEREAS, "CITY', desires to secure a reliable alternate source of water 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 seek and acquire lease agreements and access and utility easements for water well sites in Fountain Valley, and for the water transmission main in the Talbert Channel, and; WHEREAS, "CITY', as part of the Groundwater Project seeks professional assistance with negotiating and acquiring such lease agreements, and access and utility easements with the appropriate owners of the proposed sites. And coordination with the Orange County Environmental Management Agency, such services are hereinafter referred to as 'PROJECT ", and; WHEREAS, implementation of the "PROJECT" for said reservoir requires the services of a qualified structural engineering consultant, and; WHEREAS, "CITY' has solicited and received a proposal from "CONSULTANT' for preparation of the "PROJECT" and 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 enter into an agreement with "CONSULTANT". NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: I. GENERAL E 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 personally, by him. "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY" II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY ". A. "CONSULTANT'S" tasks include the following: 1. Meetings with City staff a. "CONSULTANT" shall keep City's Utilities Director apprised of the progress being made on the " CONSULTANT's" activities. Such appraisal shall be made via telephone, in writing as appropriate and via meetings mentioned herein below. b. "CONSULTANT" shall meet with the City staff on an as- needed basis for the "PROJECT ". 2. Review Background Data a. "CONSULTANT" shall, in an effort to relay relevant information to their staff, review the pertinent background data as provided by "CITY" during the course of the "REVIEW ". 3. Engineering Consulting a. "CONSULTANT" shall meet and provide coordination between the "CITY" and the owners of said land with respect to the lease agreement and the access and utility easements for the water well sites. b. "CONSULTANT" shall meet and provide coordination between the "CITY" and the Orange County Environmental Management Agency of said land with respect to access and utility easements for the existing and proposed water transmission main within the Talbert Channel. 0 0 Ill. 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 background information, previously established design criteria, plans and other pertinent information, which may be germane to the proper preparation and completion of the "CONSULTANT'S" defined duties. B. Assist "CONSULTANT" with negotiations and acquisition of lease agreements and access and utility easements. 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 "REVIEW" 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 "REVIEW ". V. OWNERSHIP OF DOCUMENTS Original summarization 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 "REVIEW ", 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 82 Pelican Court, Newport Beach, California 92660. 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 ". 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 fifteen thousand dollars ($15,000.00), inclusive, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates CivilEngineer .................................................... ............................... $ 70.00 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 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 Manager 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 seven thousand dollars ($7,000.00) shall require 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. 0 0 XII. 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 cost 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Flory Assistant City Attorney ATTEST: Wanda Raggio 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 City of Newport Beach, a municipal corporation Clarence Turne ayor "CITY,, Donald C. Simpson, Consulting Civil Engineer an individual Donald C. Simpson, Principal "CONSULTANT" Donald C. Simpson, Consulting Civil Engineer 82 Pelican Court Newport Beach, California 92660 (714 ) 509 -9875 (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)