HomeMy WebLinkAboutC-3004(CC) - Project Administration, Planning and Engineering Services, Groundwater DevelopmentAGREEMENT
PROFESSIONAL SERVICES FOR
PROJECT ADMINISTRATION AND ENGINEERING SERVICES
FOR THE GROUNDWATER DEVELOPMENT PROJECT
AND CAPITAL IMPROVEMENT PROJECTS
THIS AGREEMENT is made and entered into this 12th day of November, 1996,
by and between the City of Newport Beach, a municipal Corporation, hereinafter
referred to as City, and Derek J. McGregor, Inc. (dba DMc Engineering), a California
Corporation, hereinafter referred to as Consultant.
RECITALS:
1. The 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.
2. The City, as part of the Groundwater Development Project, desires project
administration in assisting the City's Project Manager, its design consultants, City
Public Works, Planning and Building Department staffs as well as other agencies
during the design and construction phases of the Groundwater Development
Project and Capital Improvement Projects.
3. The City requires the services of a qualified, professional engineering and land
surveying consultant to provide and administer all of the listed services,
hereinafter collectively referred to as services.
4. The City has solicited and received a proposal from Consultant for services, as
well as provide certain other essential services, as outlined herein below.
5. The City has reviewed the previous experience and has evaluated the expertise
of Consultant and desires to accept their proposal.
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
• Professional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
GENERAL
A. The 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. Consultant shall not sublet, transfer or assign any
work except as otherwise provided for herein or as authorized in advance by
the City.
2. SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall provide the following listed professional Project Services to City.
A. Consultant shall provide the necessary means to complete the defined tasks
associated with the Project Services for the Groundwater Development
Project and Capital Improvement Projects. Those tasks include the following:
(1.) Project Administration and Engineering for the Groundwater
Development Project.
a. Consultant shall, under direction of the Project Manager, assist in
coordinating key aspects of the Groundwater Development
Project with each of the design engineers.
b. Consultant will assist in preparation of contract documents; assist
design engineers in obtaining existing information; provide
general design plan and specifications review; and attend
coordination, pre -bid and pre- construction meetings.
c. Consultant shall assist the City with various permit applications
and approvals from City Departments and other agencies related
to the Groundwater Development Project.
d. Consultant shall assist in coordinating with the various agencies
during design and construction.
e. Consultant shall work with City staff on various key issues and
provide direct assistance to the Project Manager.
f. Consultant shall keep the Project Manager apprised of progress
made by the design consultants.
g. Consultant shall act as an agent of the City when providing
general design plan and specifications review services in
accordance with the City's standard design criteria and assisting
the City with coordinating the Groundwater Development Project.
3.
• Ressional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
(2.) Project Administration and Engineering Services for Capital
Improvement Projects.
a. Consultant shall, under direction of the Project Manager, assist in
coordinating key aspects of the Capital Improvement Projects
such as the West Newport Sewer Project, Section 5 Wastewater
Lift Station, the abandonment of the Jamboree Road and Bison
Avenue Wastewater Lift Station, Bay Island Wastewater Lift
Station, Balboa Island Street Light Project, Buck Gully
Wastewater Lift Station and others as requested by the City with
each of the design engineers.
Consultant will assist in preparation of contract documents; assist
design engineers in obtaining existing information; provide
general design plan and specifications review; and attend
coordination, pre -bid and pre- construction meetings for Capital
Improvement Projects.
Consultant shall assist the City with various permit applications
and approvals from City Departments and other agencies related
to Capital Improvement Projects.
d. Consultant shall assist in coordinating the various agencies during
design and construction.
e. Consultant shall work with City staff on various key issues such
as assisting with the Capital Improvement Projects budget for
next year, and provide direct assistance to the City's Project
Manager.
f. Consultant shall keep the Project Manager apprised of progress
made by the design consultants.
Consultant shall act as an agent of the City when providing
general design plan and specifications review services in
accordance with the City's standard design criteria, and assisting
the City with coordinating Capital Improvement Projects.
DUTIES OF THE CITY
In order to assist the Consultant in the execution of his responsibilities under this
Agreement, the City agrees to provide the following:
A. Background information, reports, contracts, specifications, proposals or
agreements as may be available or are in existence, which may be applicable
to the proper preparation and completion of the Consultant's defined duties.
B. Assist Consultant with interpretation of City standards and design criteria.
Meet with Consultant as necessary to provide input or direction on matters
pertaining to project administration.
• 0fessional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
C. Review plans, specifications and other documentation provided by Consultant
relative to the services in a timely fashion.
D. Blueprinting, copying and other services through the City's reproduction
company. Consultant will be required to coordinate with City's reproduction
company.
4. OWNERSHIP OF DOCUMENTS
A. Original drawings, reports and other deliverable documents to be provided by
Consultant under this Agreement shall become the exclusive property of the
City and may be reproduced as deemed necessary by the City or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for the Groundwater Development
Project, or any use of incomplete documents, shall be at the City's sole risk,
and the City shall indemnify Consultant for any damages incurred as a result
of such use. No report, drawing, map, document or other data given to,
prepared, or assembled by Consultant pursuant to this Agreement shall be
made available to any individual or organization by Consultant without prior
written approval of the City, unless required by subpoena.
B. Consultant may reserve the right to publish materials or reports related to the
work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the City and written
permission must be obtained by Consultant from the City on a case by case
basis. Blanket publishing approval shall not be granted.
C. Consultant is granted permission to show prospective clients reports and data
which have been accepted by the City as prepared under this Agreement.
RIGHT OF TERMINATION
A. The 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 18 Technology Drive, Suite 100, Irvine, California 92618.
B. Consultant may terminate this Agreement after ten (10) days' written notice
from Consultant to the City notifying the City of its substantial failure to
perform in accord with the terms of this Agreement, if the City has not
corrected its non - performance within that time.
C. In the event of termination due to errors, omissions or negligence of
Consultant, the 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, the 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.
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• Professional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
6. SUBCONSULTANT AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned,
transferred, contracted or subcontracted without prior written approval of the
City.
B. Neither Consultant nor the City shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without prior written consent
of the other party; provided, however, that claims for money due or to become
due Consultant from the City under this Agreement may be assigned to a
bank, trust company or other financial institution, or to a trustee in bankruptcy,
without such approval. Notice of any such assignment or transfer shall be
promptly furnished to the City.
7. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, the 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 eighty eight
thousand and forty dollars ($88,040.00), except as otherwise provided for
herein below.
B. PAYMENT & FEE SCHEDULE
personnel
hourly rates
Principal............................................... ...............................
$ 110.00
Project Manager .................................. ...............................
90.00
Project Engineer .................................. ...............................
85.00
Senior Engineer ................................... ...............................
70.00
Associate Engineer .............................. ...............................
65.00
CAD Operator /Draftsperson ................ ...............................
55.00
Specification Typist .............................. ...............................
35.00
Survey Crew (3- Person) ...................... ...............................
160.00
Survey Crew (2- Person) ...................... ...............................
140.00
Survey Crew (1- Person) ...................... ...............................
85.00
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.
D. In addition to the fixed, not -to- exceed fee, the City agrees to reimburse
Consultant for the actual cost (plus 10 %) for all outside expenses, including
those for: reproduction for copies of plans, reports and related documents,
material costs authorized in advance by the City's Project Manager, and other
reasonable expenses, where such costs have been advanced by Consultant
and approved in advance by the City.
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• Professional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
(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. The City agrees to pay
Consultant within thirty (30) calendar days receipt of said records and
hourly summary.
(2.) Consultant shall not be compensated for use of Consultant's
equipment, hardware, software materials, in -house reproduction and
mileage. Said costs are non - compensable. Time expended by
Consultant's personnel on such equipment shall be paid on the basis
of the Fee Schedule.
8. RECORDS
Consultant shall maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by the 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 the City or its designees at all proper times upon
reasonable notice to Consultant to such books and records, and gives the City the
right to examine and audit same, and to make transcripts therefrom as deemed
necessary, at the City's cost, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
9. INSURANCE
A. On or before the date of execution of this Agreement, Consultant shall furnish
the 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 the City. Coverage may not be reduced or otherwise materially altered
without the same advance notice to the City of such alteration.
B. Consultant shall maintain in force at all times during the performance of this
Agreement, policies of insurance required by this Agreement; said policies of
insurance shall be secured from an insurance company assigned
Policyholders' Rating of "A" (or higher) and Financial Size Category "VII" (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 "13+", "VIII" or better.
(1.) An appropriate industry -wide insurance rating standard shall be
deemed "Best's Key Rating Guide ", latest edition.
C
ME
• professional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
Consultant shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Bodily Injury
Property Damage
Aggregate Limits
Amount
$1,000,000 each occurrence
$1,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of 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).
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 the City on behalf of any
general liability insurer providing insurance to either Consultant or the 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 the City by
virtue of the payment of any loss under such insurance.
E. Additional Insured
The City, its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions Insurance.
The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as
such additional insured; 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 the City primarily, and Consultant secondarily, if
necessary.
• Professional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
10. WAIVER
A waiver by the 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.
11. 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.
12. 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 the City and Consultant.
13. HOLD HARMLESS
Consultant shall indemnify and hold harmless, the 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 the services hereunder.
Stofessional Services Agreement
Project Administration & Engineering Services
Groundwater Development and Capital Improvement Projects
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the first date above written:
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
LaVonne Harkless
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
6Jan ebay, Mayor
C'
Derek J. McGregor, Inc.
(dba DM` Engineering)
a California Corporation
Derek J. McGregor, A- P.L.S., Principal
Consultant
City of Newport Beach DMc Engineering
3300 Newport Boulevard, P. O. Box 1768 18 Technology Drive, Suite 100
Newport Beach, California 92658 -8915 Irvine, California 92718
(714) 644 -3011 (714) 646 -5204 FAX (714) 753 -9393 (714) 753 -9322 FAX
•
•
• Lt _.
NOVj2
TO: MAYOR & MEMBERS
FROM: PUBLIC WORKS DEPARTMENT
• November 12, 1996 J
CITY COUNCIL AGENDA
ITEM NO. 11
L
C " `f-CG
SUBJECT: PROFESSIONAL SERVICES AGREEMENT -
PROJECT ADMINISTRATION, PLANNING AND ENGINEERING
AS PART OF THE GROUNDWATER DEVELOPMENT AND
IMPROVEMENT PROJECTS
RECOMMENDATION:
Vy
SERVICES
CAPITAL
Authorize the Mayor and City Clerk to execute a Professional Services Agreement, on
behalf of the City, with the firm DM` Engineering (DMc) for a fee of $88,040.
DISCUSSION:
DMc has been involved with the overall Groundwater Development Project since 1988.
During this time, DMc has been responsible for providing project management as well as
engineering, mapping and survey services for the various components of the Groundwater
Development Project. DMc's involvement in this project over the past eight years has been
extensive, and they are an integral part in the project's planning, design and
implementation.
DMc's primary role for the Groundwater Development Project has been to act on behalf of
the City as the Special Project Coordinator. This has involved preparing design and
construction schedules, assisting the City with preparing preliminary cost estimates for
bonding determination, coordination of the soils, reservoir, pump station, grading and
pipeline consultants during the design, permitting, land acquisition and construction phases
of the 16th Street Reservoir and Pump Station, the pipeline reaches and well sites.
With the final stages of the Groundwater Development Project currently being awarded and
construction soon to be underway, including Reach Nos. 3A & 36 and the Wellhead
Facilities in Fountain Valley, Reach No. 4 - Phase II in Costa Mesa and Newport Beach,
and the start up and testing of the entire Groundwater Development system, staff believes
that the assistance provided by DMc will be greatly needed to insure that the project
continues towards the ultimate goal of providing an alternative source of water to the City.
In addition, staff has requested that DMc provide project administration for capital
improvement projects such as the design and construction of the Section 5 wastewater lift
station on Balboa Island, the abandonment of the Jamboree Road wastewater lift station,
the replacement of the Bay Island Wastewater Pump Station, the reconstruction of the
Buck Gully Wastewater Pump Station, and the disinfection system retrofitting and covering
of Big Canyon Reservoir.
Page 2
• . Professional Services Agreement for
Project Administration, Planning and Engineering Services
November 12, 1996
DMc will provide direct assistance to both the Utilities and Engineering Divisions to •
complete this year's extensive and aggressive capital improvement program. Their
familiarity with the many capital projects that are presently under way is a benefit to
continue utilizing their expertise. The services will be provided on an "as- needed" basis to
complete requested tasks for planning, engineering and surveying. A copy of the
professional services agreement is attached as Exhibit "A ".
Mr. Derek J. McGregor, P.E., principal engineer of the firm will be the primary contact and
Mr. David Gould, P.E. will be the project manager. Mr. McGregor has more than 16 years
experience and Mr. Gould has over 11 years experience in civil engineering and land
surveying. Both Mr. McGregor and Mr. Gould have extensive knowledge of the City and
have worked closely with the Utilities Division, which makes DMc well - qualified to provide
project management and engineering services over a wide range of capital improvement
projects.
Funds for these capital project related services are available in the Wastewater and Water
Enterprise Funds under the Capital Project accounts numbered 7532- C5600100 ($22,000)
and 7502- C5500291($66,040).
If approved, professional services will commence immediately.
Respectfully submitted,
UBLIC WORKS DEPARTMENT
Don Webb, Director
In
Utilities
P.E.
MJS:cja
Attachment: Exhibit "A ": Professional Services Agreement with DMc Engineering
is