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HomeMy WebLinkAboutC-3004(O) - Professional Services for Utilities Yard Expansion-Phase II & Big Canyon Reservoir, Groundwater0 BY THE CITY COUNCIL CRY OF NEWPORT BEACH FEB 12 k TO: MAYOR & MEMBERS OF THE CITY COUNCIL February 12, 1996 CITY COUNCIL AGENDA ITEM NO. 14 FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PROFESSIONAL SERVICES AGREEMENT (C- 3004 -0) FOR PROJECT ADMINISTRATION, PLANNING AND ENGINEERING SERVICES AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT: RECOMMENDATIONS: If desired, authorize the Mayor and the City Clerk to execute a Professional Services Agreement on behalf of the City, with the firm of DM` Engineering (DM`) for a not -to- exceed fee of $139,550. DISCUSSION: Negotiations with the City of Fountain Valley for the Dolphin Avenue well site and well drilling permit have been completed. The final lease agreement is a separate Council action item. Staff has been gearing up to complete the final phases of design and construction in the next 15 to 18 months. The capital projects remaining to be completed are as follows: • Drilling and testing of the water wells at the Dolphin Avenue and Tamura School well sites. • Design and construction of the well facility pumps and buildings at the Dolphin Avenue and Tamura School well sites. • Design and construction of the 24 -inch water transmission main (Reach Nos. 3A & 3B) through Fountain Valley. • Construction of the 36 -inch water transmission main (Reach No. 4 - Phase II) through Newport Beach and Costa Mesa. • Design and construction for retrofitting of Big Canyon Reservoir, including piping and site work for the upgraded disinfection facility. • Design and construction of the final Utilities Yard Expansion - Phase II site and building improvements. • Start up and final testing of the entire Groundwater Development Project. 0 Page 2 Professional Services Agreement Project Administration Services for the Groundwater Development Project February 12, 1996 These various components of the Groundwater Development Project will be designed and /or constructed over the next year. As each of these projects are designed and constructed, there will be additional project administration services that will be needed over the next year. DM` has been providing project administration, planning and engineering services for the Groundwater Development Project over the past three (3) years, and DM's primary role for the Groundwater Development Project has been to act on behalf of the City as "Special Project Coordinator ". DM "s involvement in the Groundwater Development Project over the past eight (8) years has been extensive, and they have become an integral part of the planning, design and implementation of the overall Groundwater Development Project. The current requested professional services are for continued project management of the Groundwater Development Project including coordination for Phase II site improvements at the Utilities Yard, well drilling and testing, well facility design at the two (2) well sites in Fountain Valley, design and construction of Reach Nos. 3A & 313, construction of Reach No. 4 - Phase II, piping retrofit and modifications to the water disinfection system at Big Canyon Reservoir and final testing of the entire Groundwater Development Project from the well sites in Fountain Valley to the 16th Street Reservoir & Pump Station to Big Canyon Reservoir. In addition, DM` will be providing plan review and quality control services for various design projects. The services will be provided on an "as- needed" basis to complete the tasks of project management, administration, planning and engineering related to the Groundwater Development Project. Based on past experience and the work to be completed, a fee of $139,550 has been negotiated with DM` to provide the required services over the next year. Mr. Derek J. McGregor, P.E., principal -in- charge of the firm will be the primary contact, and Mr. David Gould, P.E., will be the senior engineer from DM`. Mr. McGregor has over 16 years of experience and Mr. Gould has over 11 years of experience in civil engineering. and land surveying. Both Mr. McGregor and Mr. Gould have extensive knowledge of the City and have worked closely with Public Works staff. DM` is well qualified to provide engineering and project management services over a wide range of capital improvement projects. STAFF RECOMMENDATION & FUNDING: Funds for these capital project related services are available in the Water Fund under the Water Capital Project account number 7504- P5500095. If approved, professional services will commence immediately. Most of these services are critical to the timely implementation of the Groundwater Development Project. All of them are necessary for the successful implementation of the Project. Page 3 ,professional Services Agreement Project Administration Services for the Groundwater Development Project February 12, 1996 Staff recommends approval. Respectfully submitted, 0 PUBLIC WORKS DEPARTMENT Don Webb, Director By: ` Mic ael J. Sina ori, P.E. (Acting) Utilities Manager >1JS:sdi Prior Relevant Council Actions: April 25. 1994 ...... ........................Approve Professional Services Agreements with Converse, DNI ` et al. August 22. 1994 .. ........................Approve Amendment No. 1 to Agreements with DM ` John Carollo Engineers et aI, May 8, 1995 .......... ........................Approve Professional Services Agreements with DM ` and Converse September 25, 1995 ...................Approve Professional Services Agreement with DNI AGREEMENT PROFESSIONAL SERVICES FOR PROJECT ADMINISTRATION, PLANNING AND ENGINEERING SERVICES AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT, effective as of February 12, 1996, is entered into by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and Derek J. McGregor, Inc. (dba DM` Engineering), a California Corporation, hereinafter referred to as "Consultant ". RECITALS: A. 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, and; B. The City desires, as a part of the Groundwater Development Project, project administration for assisting the City's staff, its design consultants, the Planning and Building Departments and other agencies during the design and construction phases of the Groundwater Development Project, and; C. 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 "Project Administration Services ", and; D. The City has entered other Agreements with the Consultant dated April 26, 1994, August 23, 1994, May 12, 1995, and November 6, 1995, to provide similar proffesional services. The project administation, planning and engineering services provided for in these agreements have expired. E. The City has solicited and received a proposal from Consultant for Project Administration Services, as well as to provide certain other essential professional services, as outlined herein below, and; F. The City has reviewed the Consultant's previous experience and has evaluated the expertise of Consultant and desires to accept their proposal. • Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 2 NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 1. 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 services to City. A. Consultant shall provide the necessary means to complete the defined tasks associated with the Project Administration Services for the Groundwater Development Project. Those tasks include the following: (1.) Project Administration for the Groundwater Development Project. a. Consultant shall, under direction of the City's Project Manager, assist in coordinating key aspects of the Groundwater Development Project with each of the design consultants. b. Consultant will assist design consultants 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 the various agencies during design and construction of the Groundwater Development Project. e. Consultant shall work with City staff on various key issues and provide direct assistance to the City's Project Manager. I. Consultant shall keep the City's 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 City standard design criteria and assisting the City with coordinating the Groundwater Development Project. 7 0 0 Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 3 DUTIES OF THE CITY In order to assist Consultant in the execution of their responsibilities under this Agreement, the City agrees to provide the following: A. 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 the City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to project administration. C. Review plans, specifications and other documentation provided by Consultant relative to the Project Administration Services in a timely fashion. D. Provide blueprinting, copying and other services through the City's reproduction company. Consultant will be required to coordinate with the 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 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. 5. 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 92718. 0 0 Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 4 B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to the City notifying the 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, 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. 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. 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 one hundred and thirty -nine thousand five hundred and fifty dollars ($139,550.00), except as otherwise provided for herein below. B. PAYMENT & FEE SCHEDULE personnel Principal....................................... ............................... Project Manager /Senior Engineer ......................... Registered Engineer/ Licensed Surveyor ............. Project Engineer ......................... ............................... Survey Technician ..................... ............................... Design Engineer/ CAD Operator .......................... Draftsperson .............................. ............................... Specification Typist ................... ............................... Survey (3 -man) Crew ................ ............................... Survey (2 -man) Crew ................ ............................... Survey (1 -man) Crew ................ ............................... hourly rates ..$110.00 .................... 75.00 .................... 70.00 ............ 60.00 .................... 60.00 .................... 50.00 .................... 35.00 .................... 30.00 .................... 160.00 .................... 140.00 .................... 80.00 0 0 Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 5 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. (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 personnel on such equipment shall be paid on the basis of the Fee Schedule herein above. 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. 0 0 Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 6 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 T+", "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 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). 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 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. 0 0 Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 7 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 to Consultant secondarily, if necessary. 11. 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. 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable costs of litigation. 13. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Consultant. 14. 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. 7 Professional Services Agreement Project Administration, Planning & Engineering Services Groundwater Development Project - Page 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City of Newport Beach, a municipal corporation Robin Clauson Assistant City Attorney ATTEST: - )ra�texx c4es� yCityCl rk 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 John Hedges, Mayor "City" Derek J. McGregor, Inc., dba DM' Engineering a California Corporation Derek J. McGregor, Principal "Consultant" DMc Engineering 18 Technology Drive, Suite I o0 Irvine, California 92718 (714) 753 -9393 (714) 753 -9322 FAX CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: November 9, 1995 SUBJECT: Contract No. C- 3004 -0 Description of Contract Professional Services for Utilities Yard Expansion - Phase II & Big Canyon Reservoir Expansion - Groundwater Development Project Effective date of Contract November 6, 1995 Authorized by Minute Action, approved on September 25, 1995 Contract with DMc Engineering Address 18 Technology Drive, Suite 100 Irvine, CA 92718 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • 0 BY l': CITY OF N:: .. I TO: Mayor & Members of the City Council FROM: Public Works Department September 25, 1995 CITY COUNCIL AGENDA ITEM NO. 12 C-3oof -G SUBJECT: PROFESSIONAL SERVICES AGREEMENT - PROJECT MANAGEMENT, PLANNING, ENGINEERING, MAPPING, SURVEYING AND CONSTRUCTION STAKING SERVICES AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT: RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Professional Services Agreement on behalf of the City, with the firm DMA Engineering (DMA) for a not -to- exceed fee of $99,670. BACKGROUND: • The City of Newport Beach has a goal of obtaining an alternate source of water from the Orange County Water District's groundwater basin by mid -1997. 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 an extension of professional services to be performed while capital project components are being planned, designed and constructed for various portions of the Groundwater Development Project. Significant components of the Groundwater Development Project include: construction of the 3.0 million gallon reinforced underground concrete reservoir and the 11,500 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. DISCUSSION: DM= has been involved with the overall Groundwater Development Project since 1988. In the onset, DMA was responsible for performing preliminary • alignment studies for the transmission mains from the proposed well site to the Utilities Yard. The initial study involved the Cities of Santa Ana, Costa Mesa and Newport Beach. Ultimately, the Cities of Fountain Valley, Huntington Beach and Costa Mesa were explored for possible transmission main and well sites. Through this effort and along with the direction of the Orange County Water District, the transmission mains and the location of the well sites were narrowed down. At the same time, the City realized that they had an opportunity to install a portion of the water transmission main underneath the Santa Ana River during the U.S. Army Corps of Engineers Santa Ana River Widening Project. The Page 2 Professional Services Agreement Engineering Services for the Groundwater Development Project September 25, 1995 City retained DMA Engineering in 1990 to provide engineering, surveying and • construction staking services for installation of the 30 -inch line underneath the Santa Ana River. This involved coordination of the construction drawings with the Corps of Engineers, the County of Orange, City of Costa Mesa and West Newport Oil Company. The County and the Corps had a limited window of construction and DMA met the challenge of preparing the construction drawings and specifications in time for bidding and awarding of the contract to meet the deadline imposed by the County. This was the beginning of construction for the Groundwater Development Project. The added facilities associated with the Groundwater Development Project created a need for expansion of the existing Utilities Yard. This expansion included the reservoir and pump station need to operate the new source of water. This involved demolition of the existing above ground 3.0 million gallon reservoir, renovation of existing buildings and addition of new buildings to better utilize the Utilities Yard. This was identified as the Phase I - expansion of the Utilities Yard and DMA was retained to prepare construction drawings and specifications for the demolition, rough grading, utilities and precise grading plans and specifications. DMA worked closely with City staff and the Architect on this project including • coordination of contract documents, preparing bid addenda and construction staking services. DMA began the preliminary design of this project in 1991 and the project was completed in middle of 1992. While the various components of the Groundwater Development Project continued to come on line, the planning and administration efforts were also expanding. The City Manager and the former Utilities Director realized that it would be a large undertaking with the current City staff to coordinate the many design consultants, plan and implement an aggressive design and construction schedule, create an overall budget and coordinate the many permits required for the completion of the Groundwater Development Project. The City received statement of qualifications from a variety of consulting firms throughout Orange County that have previously worked with the City and /or have provided similar services to other agencies. After review and consideration, DMC was chosen to provide Project Administration Services for the Groundwater Development Project. DMA'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 an overall design and construction schedule, assisting the City with • preparing a preliminary cost estimate 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. DMO's involvement in the Groundwater Development Project over the past seven years has been extensive and they have become an integral part of the planning, design and implementation of the Groundwater Development Project. 0 0 Page Professional Services Agreement Engineering Services for the Groundwater Development Project September 25, 1995 With the current change in staff and the restructuring of • departments, it is staffs opinion that for the successful completion of the project that continuity remains the same and the current course of design and construction continue towards the ultimate goal of providing the City of Newport Beach with an alternate and less expensive source of water. The current requested professional services is for continued project management of the Groundwater Development Project including coordination for the modifications to the water disinfection system, completing the needed improvements on the two well sites in Fountain Valley, and preliminary site planning for the modification and retrofitting of the facility at Big Canyon Reservoir in conjunction with the Groundwater Development Project. The services will be provided on an "as- needed" basis and additionally as necessary to complete the tasks of planning, engineering and surveying related to the 16th Street reservoir and pump station, well sites in Fountain Valley, various pipeline reaches, phase II expansion of the Utilities Yard and the modifications to the Big Canyon Reservoir Facility. • 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 from DMc. Mr. McGregor has over 15 years experience and Mr. Gould has over 10 years experience in civil engineering and land surveying. Both Mr. McGregor and Mr. Gould have extensive knowledge of the City and have work closely with the (Acting) Utilities Manager, which makes DMe well qualified to provide field surveying, engineering and project management over a wide range of capital improvement projects. Mr. McGregor and Mr. Gould are registered civil engineers in the State of California and Mr. McGregor is also a licensed Land Surveyor in the State of California. Funds for these capital project related services are available in the Water Fund under the Water Capital Project accounts numbered 7504- P5500095 and 7504- P5500096. If approved, professional services will commence immediately. Most of these services are critical to the timely implementation of the Groundwater Development Project. All of them are necessary for the successful implementation of the Project. • Re7tfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: '<4 Mi ael J. Sinacori, P.E. (Acting) Utilities Manager Prior Relevant Council Actions: April 25, 1994 .....................Approve Professional Services Agreements with Converse, DMc et al. August 22, 1994 ................... Approve Amendment No. I to Agreements with DMc, John Carollo Engineers et al, May S, 1995 .......................Approve Professional Services Agreements with DMc and Converse AGREEMENT PROFESSIONAL SERVICES FOR PROJECT ADMINISTRATION, ENGINEERING, MAPPING & SURVEY SERVICES FOR UTILITIES YARD EXPANSION - PHASE II & BIG CANYON RESERVOIR EXPANSION RELATED TO THE GROUNDWATER DEVELOPMENT PROJECT /�2i THIS AGREEMENT is made and entered into this 1� day of 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as City, and Derek J. McGregor, Inc. (dba DM` Engineering), a California Corporation, hereinafter referred to as Consultant. RECITALS: A. 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; B. City, as a part of the Groundwater Development, project administration for assisting the City's Utilities Manger, it's design consultants, the City's Public Works, Planning and Building Departments and other agencies during the design and construction phases of the Groundwater Development Project, and; C. City desires construction staking, surveying and mapping services for the expansion of the Utilities Yard and for construction of the well sites in Fountain Valley, and; D. City desires preliminary engineering and planning services for expansion of Big Canyon Reservoir, in conjunction with the Groundwater Development Project, and; E. 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 Project Administration Services, and; F. City has solicited and received a proposal from Consultant for Project Administration Services, as well as provide certain other essential professional services, as outlined herein below, and; G. City has reviewed the previous experience and has evaluated the expertise of Consultant and desires to accept their proposal. 0 0 Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 1. GENERAL A. City engages Consultant to perform the described services for the consideration hereinafter stated. B. Consultant agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. Consultant agrees that all services required 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 services to City. A. Consultant shall provide the necessary means to complete the defined tasks associated with the Project Administration Services for the Groundwater Development Project. Those tasks include the following: (1.) Project Administration for the Groundwater Development Project. a. Consultant shall, under direction of the Utilities Manager, assist in coordinating key aspects of the Groundwater Development Project with each of the design consultants. b. Consultant will assist in preparation of contract documents; assist design consultants 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 the various agencies during design and construction. e. Consultant shall work with City staff on various key issues and provide direct assistance to the Utilities Manager. f. Consultant shall keep the Utilities 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 City's standard design criteria and assisting the City with coordinating the Groundwater Development Project. 2 0 Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project (2.) Consultant shall provide miscellaneous construction staking services during construction. This shall include construction staking during construction of Phase I improvements for the Dolphin and Tamura Well Sites and at various locations as directed by the Utilities Manager. (3.) Consultant shall provide mapping services for Right -of -Way dedication for the Utilities Yard Expansion - Phase Il. This includes preparing a preamble, legal description and exhibit for Right -of -Way dedication of a future extension of 16th Street, west of the Utilities Yard. This is relative to the property acquisition from West Newport Oil Company. (4.) Consultant shall provide preliminary site development planning for the modifications and expansion of the facilities at Big Canyon Reservoir. This will include: a. Meeting and interview with City personnel and design consultant regarding operations of the facility, the development of concepts for a floating cover on the reservoir and disinfection and piping modifications. b. Research and compile available record utilities on an existing topographic map provided by the City. c. Prepare preliminary piping layouts for retrofitting of the existing inflow and outflow pipelines. d. Prepare a site development map to be used by the City as a master plan for Big Canyon Reservoir. This will include expansion of the facilities as described above and roadway circulation. 3. 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. Existing topographic survey of Big Canyon Reservoir in electronic format for use by Consultant. B. 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. C. 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. D. Review plans, specifications and other documentation provided by Consultant relative to the Project Administration Services in a timely fashion. E. Provide blueprinting, copying and other services through the City's reproduction company. Consultant will be required to coordinate with City's reproduction company. 0 0 Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project 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 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 the Groundwater Development 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, 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 City, unless required by subpoena. B. Consultant may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the City and written permission must be obtained by Consultant from City on a case by case basis. Blanket publishing approval shall not be granted. C. Consultant is granted permission to show prospective clients reports and data which have been accepted by City as prepared under this Agreement. 5. 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 18 Technology Drive, Suite 100, Irvine, California 92718. 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 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. 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 City. 4 0 0 Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project B. Neither Consultant nor 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 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. PAYMENT & FEE SCHEDULE A. In consideration for the specified services, City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall said amount be greater than ninety nine thousand six hundred and seventy dollars ($99,670.00), except as otherwise provided for herein below. B. PAYMENT & FEE SCHEDULE personnel hourly rates Principal........................................................... ............................... $110.00 ProjectManager .............................................. ............................... 85.00 Registered Engineer/ Licensed Surveyor ... ............................... 70.00 ProjectEngineer .............................................. ............................... 60.00 SurveyTechnician .......................................... ............................... 60.00 Design Engineer/ CAD Operator ................ ............................... 50.00 Draftsperson................................................... ............................... 35.00 Specification Typist ........................................ ............................... 30.00 Survey (3 -man) Crew ..................................... ............................... 160.00 Survey(2 -man) Crew ..................................... ............................... 140.00 Survey(1 -man) Crew ..................................... ............................... 80.00 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, 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 Utilities 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 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 personnel on such equipment shall be paid on the basis of the Fee Schedule herein above. 0 0 Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project 8. ADDITIONAL SERVICES No change in character, extent, or duration of work to be performed by Consultant shall be made without prior written approval from City. In consideration for performance of additional services authorized by City in writing, City hereby agrees to compensate Consultant an amount based upon the hourly rate as submitted to City in the Fee Schedule except that an increase in total compensation exceeding ten thousand dollars ($10,000) shall require that an amended Agreement for such additional services be executed by the Consultant and City. 9. RECORDS Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by City that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at all proper times upon reasonable notice to Consultant to such books and records, and gives City the right to examine and audit same, and to make transcripts therefrom as deemed necessary at City's cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. 10. INSURANCE A. On or before the date of execution of this Agreement, Consultant shall furnish City with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Consultant shall use the City's Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit Consultant's indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, non - renewed, except after thirty (30) days' written notice has been received by City. Coverage may not be reduced or otherwise materially altered without the same advance notice to City of such alteration. B. Consultant shall maintain in force at all times during the performance of this Agreement, 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 "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 • • Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project 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 Aggregate Limits 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). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City on behalf of any general liability insurer providing insurance to either Consultant or City with respect to the services of Consultant, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. E. Additional Insured City, its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; 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. 11. WAIVER A waiver by City or Consultant of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or different character. Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project 12. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable costs of litigation. 13. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 14. HOLD HARMLESS Consultant shall indemnify and hold harmless, City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation arising from Consultant's negligent acts, errors or omissions in the performance of the services hereunder. 0 0 Professional Services Agreement Project Administration, Engineering, Mapping & Survey Services Groundwater Development Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City of Newport Beach, a municipal corporation �4 (,ZX4 A A Robin Clauson John Hedges, Mayor 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 Derek J. McGregor, Inc., dba DM` Engineering a California Corporation C, Derek J. McGregor, Pr In Consultant DMc Engineering 18 Technology Drive, Suite 100 Irvine, California 92718 (714) 753-9393 (714) 753-9322 FAX 0 CJ TO: II&•rM Mayor & Members of the City Council Public Works Department (3 5 ) August 26, 1996 CITY COUNCIL AGENDA ITEM NO. l o C �. SUBJECT: AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR GEOTECHNICAL, ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 16TH STREET RESERVOIR AND PUMP STATION AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATIONS: If desired, authorize the Mayor and the City Clerk to execute amendments to the original Professional Services Agreements, on behalf of the Citv, with the following firms: 1. Converse Consultants Orange County (C- 3004 -A) 2. Carollo Engineers (C- 3004 -P) 3. Daniel Boyle Engineers, Inc. (C- 2961 -C) BACKGROUND: The City of Newport Beach previously approved several professional services agreements with the geotechnical, consulting engineering and construction management firms listed above, to design facilities and monitor construction activities for the various components of the Groundwater Development Project at the 16th Street Reservoir and Pump Station site. During the course of construction of the 16th Street Reservoir & Pump Station, changes in the scope of the project have slowed the completion of the facility. These changes include redesign of the disinfection facility at the 16th Street Pump Station, contractor materials delay, extra earthwork and unforeseen field conditions. The added contract time has extended the Reservoir completion date from May 1996 to January 1997. Geotechnical work and construction management have continued to be required during the time extension. The scope of work for the original consultant contracts did not anticipate the time extension. The agreement amendments provide for the services necessary to complete the project. The added costs for these amendments were included in the revised Groundwater Development Project cost estimate that was presented at the August 12, 1996, City Council meeting and do not increase the overall cost of $23.7 million. August 26, 1996 - Page 2 Amendments to Professional Services Agreements Groundwater Development Project DISCUSSION: 1 9 Converse Consultants Orange County has been the geotechnical engineering firm for the 16th Street Reservoir and Pump Station. In addition, they have provided field monitoring services for Reach Nos. 2, 3, Utilities Yard Improvements and the well sites. The amendment to Converse Consultants agreement will allow for the geotechnical services to complete the 16th Street facilities and Reach 3. In addition, because of Converse's current experience with the Utilities Yard and Reach 3, additional services were requested for the completion of the final Utilities Yard Improvements and Reach Nos. 3a and 3B. The hourly rates for services approved in the original agreement by City Council on April 28, 1994, will remain in effect for this amended work effort. Carollo Engineers is the design consultant for the 16th Street Pump Station and has performed a series of additional design and structural services related to the redesign of the pump station's disinfection facility and its piping. The effort originally envisioned for the design /build approach to the redesign was considerably less than what was required. The original envisioned redesign effort was to take no more than three months to complete. Because of several required design modificaations to the electrical, telemetry, structural, mechanical and architectural components of the pump stations that were included in this redesign, the consultant's effort took almost nine months. The consultant was asked to include additional design /construction services for the installation of the revised disinfection facility. The hourly rates for services approved in the original agreement by City Council on September 25, 1995, will remain in effect for the amended work effort. Daniel Boyle Engineering, Inc., is the construction management firm for the installation of the 16th Street Reservoir and Pump Station. The redesign of the disinfection facility associated with the Pump Station has caused the contract to extend beyond the original project completion date of May 1996. This amendment to Daniel Boyle Engineering's original agreement will allow the construction manager to continue their efforts for the remaining six months of construction. The firm has provided construction management, inspection and resident engineering services during the first eighteen months of the project. The hourly rate for services approved in the original agreement by City Council on January 9, 1995, will remain in effect for the amended work effort. The proposed services will be performed under an amendment to the individual Professional Services Agreements which provide the required services that are summarized as follows: GROUNDWATER DEVELOPMENT PROJECT - GEOTECHNICAL INVESTIGATION & FIELD CONSTRUCTION MONITORING CONSULTANT: Converse Consultants Orange County TERM: Extended to July 1997 FEE: Original contract fee, including two change orders, was $215,400 and the amended contract fee is $101,800, for • a total fee of $317,200. SERVICES: Geotechnical Investigation and Construction Services • i August 26, 1996 - Page 3 Amendments to Professional Services Agreements Groundwater Development Project 2. GROUNDWATER DEVELOPMENT PROJECT - PROFESSIONAL ENGINEERING AND CONSTRUCTION SERVICES FOR 16TH STREET PUMP STATION CONSULTANT: Carollo Engineers TERM: Extended to January 1997 FEE: Original contract fee was $113,531 and the amended contract fee is $50,600, for a total fee of $164,131. SERVICES: Engineering and Construction Support Services 3. GROUNDWATER DEVELOPMENT PROJECT - CONSTRUCTION MANAGEMENT SERVICES FOR 16TH STREET RESERVOIR & PUMP STATION CONSULTANT: Daniel Boyle Engineering, Inc. TERM: Extended to January 1997 FEE: Original contract fee was $253,090 and the amended contract fee is $140,700, for a total fee of $393,790 SERVICES: Construction Management Services Funds for these capital project related services are available in the Water Fund under Capital Projects account numbers 7504- C5500094 and 7504- C5500095. Staff recommends approval of the amendments to the professional services agreements. Respectfully submitted, (061 PUBLIC WORKS DEPARTMENT Don Webb, Director By: Mic ael J. Sinacori, P.E. Utilities Engineer Attachments: Amendments to Professional Services Agreement for Converse Consultants Orange County Carollo Engineers Daniel Boyle Engineering, Inc. MJS:sdi 1] Original Professional Services Agreements for Converse Consultants Orange County Carollo Engineers Daniel Boyle Engineering, Inc. 0 0 AMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT Geotechnical Investigation & Materials Testing Groundwater Development Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Converse Consultants, Orange County, a California corporation (hereinafter referred to as "Consultant ") is made with reference to the following: RECITALS: A. On May 12, 1995, 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. 01 NOW THEREFORE, the parties hereto agree as follows: 1. The maximum fee to be paid as compensation to Consultant to cover geotechnical investigation and materials testing services performed during the term of the Agreement is $185,700. The fee shall be increased by $101,800, to cover the cost of additional services described in this AMENDMENT NO. 1. The revised maximum fee is $317,200, which includes two (2) previously approved change orders of $25,000 and $4,700. 2. The term of this Agreement, is not to extend beyond July 1, 1997. 3. The standard hourly rates established for Agreement shall continue in effect and shall be unchanged through July 1 1997. 4. Consultant agrees to provide the following additional services: a. Continued meetings with City staff as necessary during construction of the City initiated Pump Station re- design, construction of the Reach No. 3, Reach Nos. 3A & 3B pipelines, Fountain Valley Well Sites and the completion of the Utilities Yard is Improvements. i 0 Amendment No. 1 Professional Services Agreement Converse Consultants b. Field Monitoring and Inspection Services during the remaining portions of the Reservoir and Pump Station, pipeline reaches, construction at the Tamura School and Dolphin Avenue Well Sites and completion of the Utilities Yard Improvements. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the first date above written. 0 APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk 0 2 City of Newport Beach, a municipal corporation John Hedges, Mayor City CONVERSE CONSULTANTS, a California corporation Thomas Scheil, P.E., Vice President Consultant 0 0 AMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT 16th Street Pump Station Design Groundwater Development Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and Carollo Engineers, a Partnership (hereinafter referred to as "Consultant') is made with reference to the following: RECITALS: A. On November 13, 1995, 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 engineering design services performed during the term of the Agreement is $113,531. The fee shall be increased by $50,600, to cover the cost of additional services described in this AMENDMENT NO. 1. The revised maximum fee is $164,131. 2. The term of this Agreement, is not to extend beyond January 31, 1997. 3. The standard hourly rates established for Agreement shall continue in effect and shall be unchanged through January 31, 1997. 4. Consultant agrees to provide the following additional services: a. Continued meetings with City staff as necessary during construction of the City initiated Pump Station re- design. b. Design and construction services as requested by the City including cathodic protection, control systems and request for information and /or clarifications from the contractor for the completion of the Pump Station. 9 0 Amendment No. 1 Professional Services Agreement Carollo Engineers 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 E ATTEST: LaVonne Harkless City Clerk 11 2 City of Newport Beach, a municipal corporation John Hedges, Mayor City CAROLLO ENGINEERS a Partnership G. William Knopf, Partner Consultant Allen C. Todd, Partner Consultant 0 0 AMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT Construction Management Services Groundwater Development Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Daniel Boyle Engineering, Inc., a California corporation (hereinafter referred to as "Consultant') is made with reference to the following: RECITALS: A. On March 1, 1995, 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. 0 NOW THEREFORE, the parties hereto agree as follows: 1. The maximum fee to be paid as compensation to Consultant to cover construction manager services performed during the term of the Agreement is $253,090. The fee shall be increased by $140,700, to cover the cost of additional services described in this AMENDMENT NO. 1. The revised maximum fee is $393,790. 2. The term of this Agreement, is not to extend beyond January 31, 1997. 1 The standard hourly rates established for Agreement shall continue in effect and shall be unchanged through January 31, 1997. 4. Consultant agrees to provide the following additional services: a. Continued meetings with City staff as necessary during the construction of the City initiated re- design of the Pump Station. b. Field Monitoring and Inspections during the completion of the Reservoir and Pump Station. 0 Amendment No. 1 Professional Services Agreement Daniel Boyle Engineering, Inc. 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 0 2 City of Newport Beach, a municipal corporation John Hedges, Mayor City DANIEL BOYLE ENGINEERING, INC., a California corporation Thomas B. Hooker, Jr., P.E., Vice President Consultant ••...�,c� r�.t oK�GN4l Cov�To.�CT vic.: C- 3m`r • • AGREEMENT FOR PROFESSIONAL SERVICES FOR GEOTECHNICAL TESTING & INVESTIGATION FOR THE GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this 1,-;2- day of May, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and Converse Consultants Orange County, a California Corporation, hereinafter referred to as "CONSULTANT'. WITMESSETH: WHEREAS, "CITY" owns and operates a municipal water system and desires to add a groundwater supply source and water facilities to deliver water more reliably to its customers, and; WHEREAS, "CITY ", as part of its goal to have a groundwater source, seeks to install an underground concrete reservoir, a 24 cfs pump station and expand existing facilities located at the Utilities Yard, construction of these improvements is hereinafter collectively referred to as 'PROJECT ", and; WHEREAS, "CITY" requires field testing and inspection services during the construction of the 'PROJECT ", and; WHEREAS, "CITY" desires to break "PROJECT" in to five (5) specific portions; (A) Reservoir and Pump Station, (B) Reach #2 Pipeline Installation, (C) Reach #3 Pipeline Installation, (D) Dolphin Well Site, and (E) Tamura School Well Site, all consisting of construction services and exploration, and; WHEREAS, implementation of the 'PROJECT" requires these services and reports from a qualified geotechnical engineering professional. (These services and reports are collectively referred to as "SERVICES'), and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT' for performing these 'SERVICES' and other incidental, but essential professional services, as outlined herein below, and; WHEREAS, "CITY" has reviewed the previous experience and evaluated expertise of "CONSULTANT" and desires to accept the proposal submitted by "CONSULTANT", and; 9 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 under their direct supervision, and all personnel engaged in the work shall be fully qualified and authorized or permitted under State and local law to perform such services. "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY ". H. SERVICES TO BE PERFORMED BY CONSULTANT A. "CONSULTANT" shall provide the necessary professional services to "CITY" to complete the defined tasks associated with the "PROJECT ". Those tasks include the following: 1. Meetings with City staff a. "CONSULTANT" shall keep "CITY" Project Manager apprised of the progress being made by the "CITY's" contractor. Such appraisal shall be made via telephone, in writing as appropriate and via meetings mentioned herein below. b. "CONSULTANT" shall meet with City staff on an as- needed basis. 2. Review Background Data a. "CONSULTANT" shall, in an effort to relay relevant information to their staff, review the pertinent background data obtained at meetings with City staff 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 0 3. Reservoir and Pump Station - Construction Services a. Observation, testing and evaluation of the site during construction of the reservoir and pump station. i. Dirt removal ii. Installation of the underdrain system iii. Backfill iv. Fine grading and subgrade preparation for the reservoir hopper bottom V. Contractor's dewatering methods vi. Compaction of fill and backfill around reservoir and pump station vii. Placement of gravel or aggregate base material viii. Preparation of reports ix. Evaluation of survey readings. b. Concrete and Masonry Services i. Review contractor's concrete mix ii. Cast at least five (5) concrete cylinders for each 40 -150 cubic yards of concrete placed iii. Inspect CMU wall grout pours iv. Compression testing of concrete cylinders after 7, 14, & 28 days V. Compression of grout samples vi. Curing of concrete cylinders by water submergence vii. Prepare reports after each series of compression tests. 4. Reach No. 2 Pipeline Installation - Construction Services a. Geotechnical Services i. Field test compaction at vertical intervals of approximately two (2) feet horizontal intervals of approximately 200 feet ii. Laboratory testing for sand equivalency of imported soils iii. Evaluate the suitability of the pipe subgrade soils (thus assessing the need for overexcavation of unsuitable soils) iv. Evaluate suitability of excavated native materials to be used as backfill at the reservoir site V. Testing of imported backfill vi. Prepare a report of test results, with evaluations, after each series or group of tests vii. Soils consultation during the course of construction. 0 0 0 0 5. Reach No. 3 Pipeline Installation - Construction Services a. Geotechnical Services i. Field test compaction at vertical intervals of approximately two (2) feet horizontal intervals of approximately 200 feet ii. Laboratory testing for sand equivalency of imported soils iii. Evaluate suitability of the pipe subgrade soils (thus assessing the need for overexcavation of unsuitable soils) iv. Evaluate suitability of excavated native materials to be used as backfill at the reservoir site V. Testing of imported backfill vi. Prepare a report of test results, with evaluations, after each series or group of tests vii. Provide consulting services during construction. 6. Dolphin Well Site - Exploration & Construction Services a. Design Phase i. Assemble and review geologic and boring information near the site and note the proximity of pertinent geologic features ii. Perform site reconnaissance iii. Contact Underground Service Alert relative to the location of existing utilities at the site in light of planned drilling program iv. Obtain permit, if necessary, prior to field drilling V. Drill one (1) boring to a depth of thirty feet within the project area vi. Perform Standard Penetration Tests vii. Locate and log all field exploration work, and obtain soil samples for laboratory testing viii. Record the groundwater level in the boring, if present ix. Perform laboratory tests on soil samples obtained from the exploration, tentatively including moisture content, density, gradation, shear resistance, expansion and corrosivity tests (pH, chlorine, sulfates and resistivity) X. Interpret and evaluate the field and laboratory data xi. Prepare an engineering report containing "CONSULTANT's" conclusions and recommendations on: a) b) C) d) e) f) g) h) Site preparation and grading requirements Excavatability of fill embankment soils Acceptability of site soils for use as fill and backfill Installation of utilities Foundation types, depths and allowable soil bearing values Anticipated settlement Lateral earth pressures for retaining wall design Pavement design. 0 b. Construction Phase 40 i. Observation and testing during site grading ii. Observation and testing during utility line backfilling and compaction iii. Laboratory testing, as necessary, tentatively including sand equivalency, gradation, compaction, corrosivity, and "R" value iv. Evaluate suitability of pipeline, footing and floor slab subgrade soils V. Field density testing during backfilling of the retaining wall and building footings vi. Providing consultation services, as necessary vii. Preparing and engineering report, with test results, presenting " CONSULTANT's" opinion as to the conformance of the earthwork and foundation construction with the requirements of the contract specifications. 7. Tamura School Well Site - Exploration & Construction Services a. Design Stage i. Assemble and review geologic and boring information near the site and note the proximity of pertinent geologic features ii. Perform site reconnaissance iii. Contact Underground Services Alert relative to the location of the existing utilities at the site in light of our planned drilling program iv. Obtain permission from property owners prior to field drilling V. Drill one hollow stem auger boring to a depth of about 15 feet within the project area vi. Locate and log all field exploration work, and obtain soil samples for laboratory testing vii. Record the groundwater level in the boring, if present viii. Perform laboratory tests on soil samples obtained from the exploration, tentatively including moisture content, density, gradation, consolidation and corrosivity tests (pH, chlorine, sulfates and resistivity) ix. Interpret and evaluate the field and laboratory data X. Prepare an engineering report containing "CONSULTANT'S" conclusions and recommendations: a) Site preparation and grading requirements b) Acceptability of site soils for use as fill and backfill c) Installation of utilities d) Foundation types, depths and allowable soil bearing values e) Anticipated settlement. 0 0 ! 0 b. Construction Phase i. Observation and testing during site grading. ii. Observation and testing during utility line backfiliing and compaction. iii. Laboratory testing, as necessary, tentatively including sand equivalency, gradation, compaction, corrosivity and "R" value. iv. Evaluate suitability of pipeline, footing and floor slab subgrade soils. V. Field density testing during backfilling of the building footings. vi. Consultation as necessary. vii. Prepare an engineering report, with test results, presenting "CONSULTANT'S" opinion as to the conformance of the earthwork. III. DUTIES OF THE CITY A. In order to assist the "CONSULTANT" in the execution of their responsibilities under this Agreement, "CITY" agrees to provide the following: 1. 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. 2. Assist "CONSULTANT" with interpretation of "CITY" design criteria. Meet with "CONSULTANT" as necessary to provide input or direction on matters pertaining to the completion of the report. 3. Review letters and reports provided by "CONSULTANT" relative to "PROJECT" in a timely fashion. IV. TIME OF COMPLETION A. "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. B. The term of this Agreement shall expire thirty (30) calendar days after the date the "PROJECT" is completed and accepted by "CITY ". It is agreed and understood by both parties that this is sufficient time to complete all such activities and tasks associated with the "PROJECT ". 0 0 0 V. OWNERSHIP OF DOCUMENTS A. Original reports and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. 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. B. "CONSULTANT" may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. C. "CONSULTANT" has permission to show prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VI. RIGHT OF TERMINATION A. "CITY" reserves the right to terminate this Agreement without cause at any time by giving "CONSULTANT" five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to "CONSULTANT'S" business office at 15245 Alton Parkway, Suite 100, Irvine, California, 92718 -2307. B. "CONSULTANT" may terminate this Agreement after ten (10) days' written notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial failure to perform in accord with the terms of this Agreement, if the "CITY" has not corrected it's non - performance within that time. C. In the event of termination due to errors, omissions, or negligence of "CONSULTANT ", "CITY" shall be relieved of any obligation to compensate "CONSULTANT" for that portion of work directly affected by such errors, omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for any other reason, "CITY" agrees to compensate "CONSULTANT" for the actual services performed up to the effective date of the 'Notice of Termination ", based on the fee schedule contained herein. 0 0 • w 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 & 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 one hundred eighty five thousand seven hundred dollars ($185,700), except as otherwise provided for herein below. B. Payment & Fee Schedule personnel hourly rates Principal/ Consultants ................................... ............................... $150.00 Principal Professional .................................... ............................... 130.00 Senior Professional ......................................... ............................... 100.00 Project Professional ........................................ ............................... 85.00 Senior Staff Professional ................................ ............................... 75.00 Staff Professional ............................................ ............................... 65.00 Technical Typing & Administrative Support ............................ 40.00 Supervising Technician. ...................... ......................................... 70.00 Senior Technician ............................................ ............................... 61.00 Field Technician .............................................. ............................... 49.00 Engineering Graphics .................................... ............................... 49.00 junior Technician ............................................ ............................... 37.00 TechnicalAid .................................................. ............................... 30.00 C. The contract amount shall be paid to "CONSULTANT"' in monthly partial payments based on the amount of hours worked and expenses incurred during each monthly pay period, based on the actual hours of labor expended as determined by the Project Manager for "CITY ". The sum of the partial payments shall not exceed ninety percent (90 %) of the maximum fee as set forth in paragraph "A" herein above. The balance of the total amount earned shall be paid upon completion of the work specified herein. 0 A • D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse "CONSULTANT" for the actual cost (plus 10 %) for all outside expenses, Is 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 ". "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of duties and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within thirty (30) calendar days of the receipt of said records and hourly summary. 2. "CONSULTANT" shall not be compensated for use of "CONSULTANT's" equipment, hardware, software materials, reproduction or mileage. These 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 total compensation exceeding thirty thousand dollars (530,00.00) shall require an amended Agreement for such additional services between the "CONSULTANT" and "CITY ". X. RECORDS "CONSULTANT" shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by "CITY" that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. "CONSULTANT" shall provide free access to the representatives of "CITY" or its designees at all proper times upon reasonable notice to "CONSULTANT" to such books and records, and gives "CITY' the right to examine and audit same, and to make transcripts therefrom as deemed necessary at "CITY's" cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XI. INSURANCE A. On or before the date of execution of this Agreement, "CONSULTANT" shall furnish "CITY" with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. "CONSULTANT" shall use the "CITY's" Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit "CONSULTANT'S" indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled or non - renewed, except after thirty (30) days' written notice has been received by "CITY " ". Coverage may not be reduced or otherwise materially altered without the same advance notice to "CITY" of such alteration. B. "CONSULTANT" shall maintain in force at all times during the performance of this Agreement all policies of insurance required by this Agreement, and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VIII" (or larger) in accord with an industry-wide standard and shall be licensed to do business in the State of California. 1. An appropriate industry-wide insurance rating standard shall be deemed "Best's Key Rating Guide ", latest edition. C. "CONSULTANT" shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Bodily Injury Property Damage Aggregate Liability 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 ($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). 10 • i D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, "CONSULTANT' shall look solely to its insurance for recovery. "CONSULTANT' hereby grants to "CITY ", on behalf of any general liability insurer providing insurance to either "CONSULTANT' or "CITY" with respect to the services of "CONSULTANT", a waiver of any right of subrogation which any such insurer of said "CONSULTANT' may acquire against "CITY" by virtue of the payment of any loss under such insurance. E. Additional Insured "CITY ", its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to "CITY" primarily, and to "CONSULTANT" secondarily, if necessary. 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 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'. ii E 0 0 0 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: City of Newport Beach, a municipal corporation Robin Clauson Assistant City Attorney ATTEST: Wanda Raggio City Clerk Address and Telephone: City of Newpon Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92658 -1768 (714)644 -3011 (714)646 -5204 fax 12 John Hedges, Mayor ,.Cm., Converse Consultants Orange County, a California Corporation Converse Consultants Orange County 15245 Alton Parkway, Suite 100 Irvine, California 92718 -2307 (714 )453 -2880 (714 )453 -2888 fax 0 • HGREEMENT PROFESSIONAL ENGINEERING SERVICES FOR THE MODIFICATION OF THE DISINFECTION FACILITY AT THE 16TH STREET PUMP STATION GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this day of -Oetelber by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City", and John Carollo Engineers, a Partnership, hereinafter referred to as "Consultant ". RECITALS: A. 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, and; B. The City, as a part of the Groundwater Project, must construct facilities to collect water and pump it through the water system, and; C. The City, as a part of this project, must pump the collected well water from it's 3.0 million gallon reservoir and distribute it to City's customers, and; D. The City desires to construct a pumping station with a pump building; a chlorine and ammonia disinfection facility; a telemetry and monitoring system; and all appurtenant facilities to treat the water, as required by the State Department of Health Services, prior to distribution to the City's•water customers, and; E. The City and the Consultant entered into an agreement on November 22,1993 to perform the engineering services for the design of the above mentioned pump station, which included construction related services. The remaining engineering services on this contract is to provide construction observation and shop drawing review. F. City desires additional engineering services to revise and modify the proposed disinfection system, at the request of the Public Works Director and Fire Chief, prior to construction of the 16th Street Pump Station that will include: design, shop drawing review and responses to requests for information from the contractor, which are hereinafter collectively referred to as Consultant Services, and; 0 0 d • Professional Services Agreement Disinfection P -ty at the 16th Street Pump Station Groundwater Development Project G. The City requires the engineering services from said Consultant, who is best qualified to perform these services being the designer of the 16th Street Pump Station, and; H. The City has solicited and received a proposal from Consultant for the Consultant Services, as well as to provide certain other essential professional services, outlined herein below, and; I. The City has reviewed the proposal submitted by the Consultant and desires to accept the proposed scope of services as defined in this agreement. NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 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 provided 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. D. Consultant shall be responsible to the level of competency presently maintained by other practicing professional engineers performing the same or similar type of work at the time the notice to proceed is issued. E. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incidental to the work of contractors and will not be responsible for contractor's failure to carry out work in accord with the Contract Documents. F. The services to be performed by Consultant are intended solely for the benefit of the City. Nothing contained herein shall confer any rights upon or create any duties on the part of Consultant towards any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier or their agents, officers, employees, insurers or sureties. Professional Services Agreement Disinfection acility at the 16th Street Pump Station Groundwater Development Project 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to the City. 9 Consultant shall provide the necessary means toward completing the defined tasks associated with the design and construction phases of the Consultant Services. Those tasks include the following: A. Task 1 (1.) Design Basis a. Design a liquid chemical system using sodium hypochlorite and aqueous ammonia. i. Design criteria and equipment sizing for new facility. ii. Process schematics for two (2) aqueous chemical systems. iii. A preliminary layout of the new facility to be reviewed and approved by the City. (2.) Design and Drawings a. Provide engineering design for the change in the disinfection facility. i. Civil, structural, mechanical, electrical and instrumentation systems for the new system. ii. Modify existing drawings and prepare new drawings and design sketches as agreed upon between Consultant and the City. iii. Provide a level of detail necessary for the Contractor to complete the proposed work. (3.) Specifications Modify the specifications and create new specifications and equipment descriptions as necessary for use by the Contractor in purchasing and installing the modified disinfection system. (4.) Cost Estimate a. Provide an engineer's cost estimate for the new disinfection facility. b. Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor's method of determining prices, or other competitive bidding or market conditions, practices or omissions on the site. Any cost estimate provided by Consultant will be made on the basis of his experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual construction costs will not vary from cost estimates prepared by Consultant. • • Professional Services Agreement Disinfection Oty at the 16th Street Pump Station Groundwater Development Project (5.) Meetings a. Meet with the City, other City departments, the Contractor, equipment suppliers and City's other consultants to coordinate the changes and revisions. b. Meetings shall be held on an as- needed basis to assist the City in preparing and administering construction change orders, not to exceed 20 hours of said service for the new disinfection facility. (6.) Record Drawings a. The scope of this task does not include the preparation of record drawings documenting the actual changes made to the project during construction. Preparation of record drawings or a new, conformed set of plans and specifications can be added to the Consulting Services by an amendment. B. Task 2 (1.) Construction Phase Services a. Reviewing Shop Drawing Submittals, not to exceed 160 hours of said service. i. Review shop drawing submittals and resubmittals for the fire protection system, fire and chemical alarms, bridge crane, the engine generator and related work. ii. Review shop drawing submittals and resubmittals for additional mechanical, structural, electrical and control system work resulting from design changes which were made during the redesign of the pump station facility. b. Response to Requests for Information i. Provide responses to requests for information (RFI) from the contractor, as requested by the City, not to exceed 56 hours of said service. c. Record Drawings i. Prepare record drawings upon completion of construction, not to exceed 70 hours of said service. ii. City to provide marked up, full-size construction plans from the Contractor and Resident Engineer. These drawings shall clearly, accurately and concisely delineate changes in such a manner that a draftsperson or technician can transfer the data directly to the City provided mylars. iii. Consultant will prepare record drawings on City provided mylars. 4 • • Professional Services Agreement Disinfection Facility at the 16th Street PUMP Station Groundwater Development Project d. Meetings 0 i. Consultant will attend weekly construction progress meetings as requested by the City, not to exceed 15 hours of said service. 3. DUTIES OF THE CITY A. In order to assist Consultant in the execution of his responsibilities under this Agreement, the City agrees to provide the following: (1.) 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 Consultant's defined duties. (2.) Assist Consultant with interpretation of the City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to design criteria, plan review and project administration of plans and specifications. (3.) Provide blueprinting, CADD plotting, copying and other services through the City's reproduction company. Consultant will be required to coordinate with the City's reproduction company. 4. TIME OF COMPLETION 0 Consultant shall commence work immediately upon receipt of written notice to proceed. All work 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 construction for the 16th Street Pump Station is completed and accepted by the City, which is scheduled for May 26, 1996. It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the Consultant Services, including record drawing preparation. 5. OWNERSHIP OF DOCUMENTS Original drawings 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 16th Street Pump Station, 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 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 the City, unless required by subpoena. 0 • Professional Services Agreement Disinfectionsity at the 16th Street Pump Station Groundwater Development Project 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. Consultant is granted permission to show to prospective clients the reports and data which have been accepted by the City as prepared under this Agreement. 6. 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 Consultant's business office at 3100 South Harbor Boulevard, Suite 200, Santa Ana, California 92704. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to the City notifying the 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. 7. SUBCONSULTANTS AND 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 the 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 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 City. 8. PAYMENT AND 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 the amount of one hundred thirteen thousand five hundred and thirty -one dollars ($113,531.00), except as otherwise provided for herein below. Professional Services Agreement • Disinfection Facility at the 16th Street Pump Station Groundwater Development Project It is agreed that the above maximum fee represents an estimated budget of 1,291 hours of engineering service to complete the work under Tasks 1 & 2. Engineering effort required beyond this budget constitute a change in scope and budget and a basis for an amendment to this Agreement. B. PAYMENT AND FEE SCHEDULE personnel Partner -in- Charge ........................... Engineer / Scientist VIII .................. Engineer / Scientist VII ................... Engineer / Scientist VI .................... Engineer / Scientist V ..................... Engineer / Scientist IV .................... Engineer / Scientist III .................... Engineer / Scientist II ..................... Engineer / Scientist I ...................... Engineering Aid VII ........................ Engineering Aid VI ......................... Engineering Aid V .......................... Engineering Aid N ......................... Engineering Aid III ......................... Engineering Aid II .......................... Engineering Aid I ........................... Engineering Technician VII ........... Engineering Technician VI ............. Engineering Technician V .............. Engineering Technician N ............. Engineering Technician III ............. Engineering Technician II ............... Engineering Technician I ................ Clerical........... ............................... Word Processor ............................. Office Aides .... ............................... ........................ ............................... 86.75 ............................. .......................... 83.75 ........................ ............................... 74.25 ....................... ............................... 63.50 ........................ ............................... 58.00 ........................ ............................... 52.75 ........................ ............................... 41.00 ........................ ............................... 45.50 ......................... ............................... 55.75 ........................ ............................... 29.00 C. The contract amount shall be paid to Consultant in monthly partial payments based on the number of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as approved by the Utilities Manager. D. In addition to the 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 Utilities Manager, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) or exact copies, if approved by the Utilities Manager, 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 of the receipt of said records and hourly summary. 0 • Professional Services Agreement Disinfection FdEility at the 16th Street Pump Station Groundwater Development Project (2.) Consultant shall not be compensated for use of Consultant's equipment, hardware, software materials, "in- house" reproduction or 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 herein above. 9. 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 the City. In consideration for performance of additional services authorized in advance and approved in writing by the City. The City hereby agrees to compensate Consultant an amount based upon the hourly rate as submitted to the City in the Fee Schedule. An increase in the total compensation exceeding eleven thousand dollars ($11,000.00) shall require that an amended Agreement for such additional services be executed by the Consultant and the City. 10. 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 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. 11. 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: "Should any of the above described policies be non - renewed, canceled or coverage reduced before the expiration date, the company affording coverage shall provide 30 days minimum advance notice to the City of Newport Beach by first class mail." Coverage may not be reduced or otherwise materially altered. 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 "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 Consultant's Errors & Omissions carrier shall be "B +", "VIII" or better. a= • Professional Services Agreement Disinfection cility at the 16th Street Pump Station Groundwater Development Project (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 Aggregate Insurance 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 lirnits. Errors & Omissions Insurance Errors & Omissions coverage shall be provided in the amount of one million dollars ($1,000,000). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to 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, agents and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to Consultant secondarily, if necessary. • Professional Services Agreement Disinfection laity at the 16th Street Pump Station Groundwater Development Project 12. 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. 13. 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. 14. 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. 15. 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 services hereunder. 10 Professional Services Agreement • Disinfectio acility at the 16th Street Pump Station Groundwater Development Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: `d ::. Wanda Raggio City Clerk Address and Telephone: City of Newport Beach, a municipal corporation \lG� John Hedges, Mayor City John Carollo Engineers a Partnership G. William Knopf, Partner Consultant 6� A Allen c ... Consultaxt City of Newport Beach John Carollo Engineers 3300 Newport Boulevard 3100 South Harbor Boulevard, Suite 200 Newport Beach, California 92659 -1765 Santa Ana, California 92704 (714) 644 -3011 (714)646 -5204 FAX (714)540 -4300 (714)540 -4349 FAX 11 0 0 0 0 RGZEEMENT CONSTRUCTION MANAGEMENT SERVICES FOR THE 16n` STREET RESERVOIR & PUMP STATION GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this 9,rb day of January, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and Daniel Boyle Engineering, Inc., a California Corporation, hereinafter referred to as "CONSULTANT ". WITHESSETH: WHEREAS, "CITY" is implementing a municipal groundwater producing project with water facilities to deliver potable water to its customers, and; WHEREAS, "CITY" as part of the overall Groundwater Development Project, must construct certain improvements located at the 16`s Street Utilities Yard, including an underground concrete reservoir, a water pump station, water disinfection facilities and some associated appurtenant work, collectively hereinafter . referred to as 'PROJECT ", and; WHEREAS, "CITY" requires construction management and field inspection services during construction of "PROJECT ", and; WHEREAS, "CITY ", as part of the construction management services for the "PROJECT ", desires a project manager and an on -site engineer to oversee construction and to verify the contractor's compliance with the plans and specifications, and; WHEREAS, these construction management services require a qualified professional engineering firm with employees, experienced in construction and contract management related to reservoir and pump station construction, and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" for construction management, as well as, to provide certain other essential professional services, as outlined herein below, and; WHEREAS, "CITY" has reviewed the previous experience and evaluated the expertise of "CONSULTANT' and desires to accept the proposal submitted by "CONSULTANT", and; NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 0 0 I. GENERAL 0 A. "CITY" engages "CONSULTANT" to perform the described services for the consideration hereinafter stated. B. "CONSULTANT" agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. "CONSULTANT" agrees that all services required herein shall be performed under their direct supervision, and all personnel engaged in the work shall be fully qualified and authorized or permitted under State and local law to perform such services. II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following professional services to "CITY ". A. "CONSULTANT" shall provide the necessary services to complete the defined tasks associated with the "PROJECT ". Those tasks include the following: 1. Meetings with City staff. a. "CONSULTANT" shall work with " CITY's" Project Manager to coordinate, schedule and conduct the pre - construction meeting. b. "CONSULTANT" shall keep the "CITY'S" Project Manager apprised of the progress being made by the "CITY'S" contractor. Such appraisal shall be made via telephone, in writing as appropriate and via meetings. c. "CONSULTANT" shall meet with the City staff on a weekly basis, and shall schedule and document weekly meetings with the "CITY'S" contractor, "CITY" and its design engineers to discuss project progress and intended progress for the coming week. 2. Prepare a construction procedure's manual that shall include the following: a. Key individuals and lines of communication. b. Determine communication devices and procedures. c. Establish general reporting procedures. d. Establish construction reporting procedures, including field clarification's, change orders and shop drawing reviews. e. Establish field office security and backup procedures. f. Develop progress reports and payment request procedures. 0 g. Develop a master schedule and establish schedule update procedures. h. Establish document control procedures. i. Establish a permit tracking system. j. Establish coordination with adjacent and appurtenant projects (contractors and design consultants). k. Establish project close -out procedures. 3. Field Office Set -up a. "CONSULTANT" shall be responsible for making sure that the contractor's supplied field office is properly equipped, as specified herein below. (1.) Office trailer to be provided by Contractor (2.) Office furniture and equipment to be provided by Contractor. (3.) "CONSULTANT" shall be responsible for the maintenance of the construction office, and shall be held accountable and responsible for any damaged or missing furniture or equipment. b. Establish Computer Based Communications (1.) "CONSULTANT" will utilize a Macintosh Computer provided by the contractor and tied to "CITY's" computer network. (2.) "CONSULTANT" will determine any additional software necessary for use during "PROJECT ". 4. Construction Services a. Provide daily updated reports to the Utilities Director. b. Log and track all shop drawing submittals with respect to "CITY', design consultants and contractor. c. Observe all construction and coordinate observation of specialty construction. Including, but not limited to all specialty construction such as: steel reinforcing, waterstop placement, construction joint location, subdrain system, pump and motor placement, disinfection systems, electrical, controls and instrumentation and appurtenant work. d. Observe all major materials deliveries to the site to assure they are in accord with the specifications and approved shop drawings. e. Coordinate testing of all materials in accord with the specifications. 0 0 f. Document construction progress, by preparing a daily record of construction, daily construction reports and taking 35 mm photographs at significant times during construction. Pictures shall be labeled as to date, location and specific task photographed. g. Coordinate construction survey, Contractor's survey requests, track and schedule construction surveying. Monitor survey provided to Contractor and notify the survey firm in writing of requests for restaking which will be the Contractor's financial responsibility. h. Coordinate with adjacent construction activities, including attending coordination meetings with "CITY ", design engineers and other contractors regarding construction activities related to the water transmission main and other piping within 16th Street. i. Coordination with "CITY" Building and Public Works Department inspection staff, specialty inspectors, coordinate Contractor's inspection requests, track, schedule and monitor all inspections. j. Coordinate soils compaction testing, Contractor's compaction test requests, track, schedule. monitor soils compaction testing and notify the geotechnical firm in writing of requests for retesting which will be the Contractors financial responsibility.. k. Administer and track all "Requests for Field Clarification ", "Change in Conditions" and "Change Orders ", including receiving "Contractor's requests for Clarification ", "Contractors Notification of Change in Conditions" and "Contractor's requests for Change Orders ". Provide appropriate response and /or recommendations to and from "CITY ". Consult with design engineers on all technical matters. Arrange for a participate in negotiations between "CITY" and the Contractor. 1. Monitor permits under which "CITY" has responsibility, monitor the expiration dates and make application for extensions when appropriate. Monitor the Contractor's general compliance and advise the Contractor when non - compliance is observed. m. Update and analyze the master construction schedule each week, update the master construction schedule with the previous week's progress and the Contractor's anticipated projected work. Analyze actual verses anticipated progress, milestone dates and final completion. Make recommendations as necessary and advise "=' of changes. n. Process monthly pay estimates, including review of the Contractor's work progress with "CITY" representative; review for accuracy and compare with actual work completed; make appropriate recommendations to "CITY" on payment issues. Provide summary report of work performed during each payment period. o. Provide document control including processing and filing all project correspondence and documents, drawings, etc., in accord with the Procedures Manual. p. Monitor Contractor's safety program, including observing the implementation of the Contractor's safety program and report observed deviations from this program. (This action will not relieve Contractor of sole responsibility for job site safety.) "CONSULTANT" shall not assume, and "CITY" shall not require, that "CONSULTANT" bears any responsibility or liability for safety of anyone other than their own employees. "CONSULTANT" will not be required to work or inspect any of the Contractor's work in unsafe working conditions. Only "CITY" will have the authority to issue "Stop Work Orders" to Contractors. q. Observe general site conditions and notify Contractor when excess materials, etc., must be disposed of and when general site clean up is required. 5. Disinfection and Testing a. Establish and implement a continuous program to monitor disinfection and testing activities, including the following: (1.) Review the Contractor's proposed disinfection, testing and startup procedure for the reservoir, pumps, piping and appurtenances within the Pump Station Building. Analyze procedures with City staff and design engineers. Assist the Contractor with any approved modifications to the procedures to meet all requirements. (2.) Observe and document sweeping, cleaning and swabbing of the reservoir, pipeline interiors, pump cans, and other appurtenances. (3.) Observe and document pressure testing of the pipeline and appurtenances with City personnel and in accord with the specifications and the approved testing sequence. (4.) Observe and document the initial filling of the reservoir. Coordinate survey to monitor reservoir settlement. (5.) Observe and document disinfection of the entire system in accord with the specifications. (6.) Observe and document testing of electrical, telemetry, control, chlorine and ammonia systems in accord with the Contractor's proposed sequence. This testing will also include testing and adjustments by manufacturer's representatives such as control valves, disinfection systems, etc. (7.) Coordinate, observe and document testing of the full system (reservoir and pump station) in accord with the approved sequence. 0 0 6. Project Close Out 0 a. Coordinate with City staff, design consultants and Contractor to prepare project close -out, as follows: (1.) Determine that all testing has been successfully completed and that all construction is complete and satisfactory. (2.) Prepare preliminary punch list of deficiencies. (3.) Observe Contractor's successful completion of all work required by preliminary punch list. (4.) Prepare final punch list of deficiencies. (5.) Observe Contractor's successful completion of all work required by final punch list. Repeat Steps No. 1 through No. 5 until all items are complete. (6.) Construction Manager shall maintain a record of all changes made during construction, and periodically (at least monthly) review Contractor's records to assure Contractor keeps a record of changes in accord with the specifications. (7.) Obtain Contractor's records of changes during construction (as- builts). (8.) Coordinate the production of record drawings with design consultants. Review completed record drawings and make recommendations to the City on acceptance. (9.) Oversee preparation and delivery of O & M Manuals. Receive required information from Contractor and forward to design consultants. Review completed O & M Manuals and make recommendations to City on acceptance. (10.) Witness and document delivery of all spare parts and similar items from the Contractor to the City as required by the Contract Documents. (11.) Obtain from the Contractor any written documents required by the Contract for project close -out. (12.) Prepare recommendations to the City for preparation of the Notice of Completion. (13.) Deliver all project records to the City in accord with the Procedures Manual at the end of the project. (14.) Remove all equipment and items belonging to Construction Manager from the field office. • • 9 7. Additional Responsibilities a. "CONSULTANT" shall assign responsible representatives (Project Manager and On -Site Engineer) and alternates. Representatives shall be responsible for duties from contract negotiations through project completion. If primary representative should be unable to continue with project, then the alternate shall become the primary representative. c. Any changes in responsible representation must be approved in advance by "CITY ". (I.) "CITY" will have the right to reject other proposed changes in personnel, and may consider such changes a breach of contract and cause for termination. III. DUTIES OF THE CITY In order to assist the "CONSULTANT" in the execution of their responsibilities under this Agreement, "CITY" agrees to provide the following: A. Plans, drawings, specifications and cost estimates as may be available or are in existence, which may be germane to the proper execution and completion of the " CONSULTANT's" defined duties. B. Provide survey information, as may be available and applicable to "PROJECT ". C. Design criteria, hydraulic data and other information, as may be available and appurtenant to "PROJECT ". D. Provide network tie -in for "CONSULTANT'S" trailer office computer. E. Provide licensed software and applicable manuals for use by "CONSULTANT ". F. "CITY" will provide blueprinting, CADD plotting, large orders of photocopying and other services through "CITY's" reproduction company, Banana Blueprint. "CONSULTANT" must obtain "CIIY's" approval prior to any reproduction. IV. TIME OF COMPLETION A. "CONSULTANT" shall commence work immediately upon receipt of written notice to proceed. All work will be completed in a diligent and efficient manner to the execution of its completion. 0 �.c J' 0 0 B. The term of this Agreement shall expire thirty (30) calendar days after the date the "PROJECT" is completed and accepted by "CITY ". It is agreed and understood by both parties that this is sufficient time to complete all such activities and tasks associated with the "PROJECT ". V. OWNERSHIP OF DOCUMENTS A. Original reports and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. Use of complete or incomplete deliverables or documents for purposes other than this "PROJECT" shall be at the sole risk of "CITY ". "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to, prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be made available to any individual or organization by "CONSULTANT" without prior written approval by "CITY ", unless required by subpoena. B. "CONSULTANT" may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. C. "CONSULTANT" has permission to show prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VI. RIGHT OF TERMINATION A. "CITY" reserves the right to terminate this Agreement without cause at any time by giving "CONSULTANT" five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to "CONSULTANT's" business office at 23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653. B. "CONSULTANT" may terminate this Agreement after ten (10) days' written notice from "CONSULTANT" to "CITY" notifying "CITY' of it's substantial failure to perform in accord with the terms of this Agreement, if the "CITY" has not corrected it's non - performance within that time. C. In the event of termination due to errors, omissions, or negligence of "CONSULTANT ", "CITY" shall be relieved of any obligation to compensate "CONSULTANT" for that portion of work directly affected by such errors, omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for any other reason, "CITY" agrees to compensate "CONSULTANT" for the actual services performed up to the effective date of the "Notice of Termination ", based on the fee schedule contained herein. VII. ASSIGNMENT A. None of the services included in this Agreement shall be assigned, transferred, contracted or subcontracted without prior written approval of "CITY ". "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY'. B. Neither "CONSULTANT' nor "CITY' shall assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the other party; provided, however, that claims for money due or to become due "CONSULTANT' from "CITY" under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to "CITY'. VIII. PAYMENT & FEE SCHEDULE A. In consideration for the specified services, "CITY' hereby agrees to compensate "CONSULTANT' on an hourly basis as set forth below in the "PAYMENT & FEE SCHEDULE ". In no event shall said amount be greater than two hundred and fifty three thousand and ninety dollars ($253,090), except as otherwise provided for herein below. B. Payment & Fee Schedule personnel Billing Classification hourly rates Principal in Charge Managing Engineer .......................... $97.00 Construction Manager Principal Engineer ............................ 90.00 Resident Engineer Associate Engineer II ....................... 75.00 Engineering Support Senior Engineer I .............................. 89.00 Assistant Engineer I ......................... 55.00 Technical Support CAD Specialist .. ............................... 57.00 Designer ............ ............................... 52.00 CAD /Drafter II . ............................... 43.00 CAD /Drafter I .. ............................... 36.00 Intem / Aide ....... ............................... 31.00 C. The contract amount shall be paid to "CONSULTANT' in monthly partial payments based on the amount of hours worked and expenses incurred during each monthly pay period, based on the actual hours of labor expended as determined by the Project Manager for "CITY'. The sum of the partial payments shall not exceed ninety percent (90 %) of the maximum fee as set forth in paragraph "A" herein above. The balance of the total fee amount shall be paid upon completion of the work specified herein. D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse "CONSULTANT" for the actual cost (plus 10 9/6) 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'. 0 0 (1.) "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of duties and tasks on a monthly basis. "CtI -Y" agrees to pay "CONSULTANT" within thirty (30) calendar days of the receipt of said records and hourly summary. (2.) "CONSULTANT" shall not be compensated for use of " CONSULTANT's" equipment, hardware, software materials, reproduction or mileage. Said costs are non - compensable. Time expended by "CONSULTA'NT'S" personnel on such equipment shall be paid on the basis of the "FEE SCHEDULE" herein above. IX. ADDITIONAL SERVICES No change in character, extent, or duration of the work to be performed by "CONSULTANT" shall be made without prior written approval from "CITY ". In consideration for performance of additional services authorized by "CITY" in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase in total compensation exceeding thirty thousand dollars ($30,000.00) shall require an amended Agreement for such additional services between the "CONSULTANT" and "CITY ". X. RECORDS "CONSULTANT" shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by "CITY" that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. "CONSULTANT" shall provide free access to the representatives of "CITY" or its designees at all proper times upon reasonable notice to "CONSULTANT" to such books and records, and gives "CITY" the right to examine and audit same, and to make transcripts therefrom as deemed necessary at "C1TY's" cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XI. INSURANCE A. On or before the date of execution of this Agreement, "CONSULTANT" shall furnish "CITY" with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. "CONSULTANT" shall use the "CITY's" Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit " CONSULTANT's" indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled or non - renewed, except after thirty (30) days' written notice has been received by "CITY ". Coverage may not be reduced or otherwise materially altered without the same advance notice to "CITY" of such alteration. 10 9 0 0 B. "CONSULTANT" shall maintain in force at all times during the performance of this Agreement all policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VIII' (or larger) in accord with an industry-wide standard and shall be licensed to do business in the State of California. 1. An appropriate industry-wide insurance rating standard shall be deemed "Best's Key Rating Guide ", latest edition. C. "CONSULTANT" shall maintain the following minimum coverage's: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Bodily Injury Property Damage Aggregate Limits Amount $ 1,000,000 each occurrence $ 1,000,000 aggregate $ 1,000,000 each occurrence $ 1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. Errors & Omissions Insurance Errors & Omissions coverage shall be provided in the amount of one million dollars ($1,000,000). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, "CONSULTANT" shall look solely to its insurance for recovery. "CONSULTANT" hereby grants to "CITY ", on behalf of any general liability insurer providing insurance to either "CONSULTANT" or "CITY" with respect to the services of "CONSULTANT ", a waiver of any right of subrogation which any such insurer of said "CONSULTANT" may acquire against "CITY" by virtue of the payment of any loss under such insurance. 11 0 0 E. Additional Insured "CITY ", its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to "CITY" primarily, and to "CONSULTANT" secondarily, if necessary. 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 costs of litigation. XIV. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification to this Agreement will be effective only by written execution signed by both "CITY' and "CONSULTANT ". XV. HOLD HARMLESS "CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council, boards and commissions, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, arising from "CONSULTANT's" negligent acts, errors or omissions, in the performance of services herein. I^ 1 U 12 1] E. Additional Insured "CITY ", its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to "CITY" primarily, and to "CONSULTANT' secondarily, if necessary. 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 costs of litigation. XIV. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification to this Agreement will be effective only by written execution signed by both "CITY" and "CONSULTANT'. XV. HOLD HARMLESS "CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council, boards and commissions, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors or omissions, in the performance of services herein. 12 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: L 1 Robin Clauson Assistant City Attorney ATTEST: City of Newport Beach, a municipal corporation John Hedges, Mayor Daniel Boyle Engineering, Inc. a California Corporation Wanda E. Raggio . ... r, Jr., P. ., V' e Presid] "CONS City Clerk Address & Telephone: City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92658 -1768 (714)644- 3011 (714)646 -5204 FAX 13 Daniel Boyle Engineering, Inc. 23231 South Pointe Drive, Suite 103 Laguna Hills, California 92653 (714)768 -2600 (714)586.5188 FAX 11 0 RGREEM ENT PROFESSIONAL ENGINEERING SERVICES FOR THE MODIFICATION OF THE DISINFECTION FACILITY AT THE 16TH STREET PUMP STATION GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this day of -getob 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and John Carollo Engineers, a Partnership, hereinafter referred to as "Consultant ". RECITALS: A. 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, and; B. The City, as a part of the Groundwater Project, must construct facilities to collect water and pump it through the water system, and; C. The City, as a part of this project, must pump the collected well water from it's 3.0 million gallon reservoir and distribute it to City's customers, and; D. The City desires to construct a pumping station with a pump building; a chlorine and ammonia disinfection facility; a telemetry and monitoring system; and all appurtenant facilities to treat the water, as required by the State Department of Health Services, prior to distribution to the City's water customers, and; E. The City and the Consultant entered into an agreement on November 22, 1993 to perform the engineering services for the design of the above mentioned pump station, which included construction related services. The remaining engineering services on this contract is to provide construction observation and shop drawing review. F. City desires additional engineering services to revise and modify the proposed disinfection system, at the request of the Public Works Director and Fire Chief, prior to construction of the 16th Street Pump Station that will include: design, shop drawing review and responses to requests for information from the contractor, which are hereinafter collectively referred to as Consultant Services, and; w • OProfessional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project G. The City requires the engineering services from said Consultant, who is best qualified to perform these services being the designer of the 16th Street Pump Station, and; H. The City has solicited and received a proposal from Consultant for the Consultant Services, as well as to provide certain other essential professional services, outlined herein below, and; I. The City has reviewed the proposal submitted by the Consultant and desires to accept the proposed scope of services as defined in this agreement. NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 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 provided 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. D. Consultant shall be responsible to the level of competency presently maintained by other practicing professional engineers performing the same or similar type of work at the time the notice to proceed is issued. E. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incidental to the work of contractors and will not be responsible for contractor's failure to carry out work in accord with the Contract Documents. F. The services to be performed by Consultant are intended solely for the benefit of the City. Nothing contained herein shall confer any rights upon or create any duties on the part of Consultant towards any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier or their agents, officers, employees, insurers or sureties. • arofessional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to the City. Consultant shall provide the necessary means toward completing the defined tasks associated with the design and construction phases of the Consultant Services. Those tasks include the following: A. Task 1 (1.) Design Basis a. Design a liquid chemical system using sodium hypochlorite and aqueous ammonia. i. Design criteria and equipment sizing for new facility. ii. Process schematics for two (2) aqueous chemical systems. iii. A preliminary layout of the new facility to be reviewed and approved by the City. (2.) Design and Drawings a. Provide engineering design for the change in the disinfection facility. i. Civil, structural, mechanical, electrical and instrumentation systems for the new system. ii. Modify existing drawings and prepare new drawings and design sketches as agreed upon between Consultant and the City. iii. Provide a level of detail necessary for the Contractor to complete the proposed work. (3.) Specifications Modify the specifications and create new specifications and equipment descriptions as necessary for use by the Contractor in purchasing and installing the modified disinfection system. (4) Cost Estimate a. Provide an engineer's cost estimate for the new disinfection facility. b. Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor's method of determining prices, or other competitive bidding or market conditions, practices or omissions on the site. Any cost estimate provided by Consultant will be made on the basis of his experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual construction costs will not vary from cost estimates prepared by Consultant. Wrofessional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (5.) Meetings a. Meet with the City, other City departments, the Contractor, equipment suppliers and City's other consultants to coordinate the changes and revisions. b. Meetings shall be held on an as- needed basis to assist the City in preparing and administering construction change orders, not to exceed 20 hours of said service for the new disinfection facility. (6.) Record Drawings a. The scope of this task does not include the preparation of record drawings documenting the actual changes made to the project during construction. Preparation of record drawings or a new, conformed set of plans and specifications can be added to the Consulting Services by an amendment. B. Task 2 (1.) Construction Phase Services a. Reviewing Shop Drawing Submittals, not to exceed 160 hours of said service. i. Review shop drawing submittals and resubmittals for the fire protection system, fire and chemical alarms, bridge crane, the engine generator and related work. ii. Review shop drawing submittals and resubmittals for additional mechanical, structural, electrical and control system work resulting from design changes which were made during the redesign of the pump station facility. b. Response to Requests for Information i. Provide responses to requests for information (RFI) from the contractor, as requested by the City, not to exceed 56 hours of said service. c. Record Drawings i. Prepare record drawings upon completion of construction, not to exceed 70 hours of said service. ii. City to provide marked up, full -size construction plans from the Contractor and Resident Engineer. These drawings shall clearly, accurately and concisely delineate changes in such a manner that a draftsperson or technician can transfer the data directly to the City provided mylars. iii. Consultant will prepare record drawings on City provided mylars. 4 • OProfessionat Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project d. Meetings i. Consultant will attend weekly construction progress meetings as requested by the City, not to exceed 15 hours of said service. 3. DUTIES OF THE CITY A. In order to assist Consultant in the execution of his responsibilities under this Agreement, the City agrees to provide the following: (1.) 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 Consultant's defined duties. (2.) Assist Consultant with interpretation of the City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to design criteria, plan review and project administration of plans and specifications. (3.) Provide blueprinting, CADD plotting, copying and other services through the City's reproduction company. Consultant will be required to coordinate with the City's reproduction company. 4. TIME OF COMPLETION Consultant shall commence work immediately upon receipt of written notice to proceed. All work 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 construction for the 16th Street Pump Station is completed and accepted by the City, which is scheduled for May 26, 1996. It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the Consultant Services, including record drawing preparation. 5. OWNERSHIP OF DOCUMENTS Original drawings 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 16th Street Pump Station, 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 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 the City, unless required by subpoena. • •Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 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. Consultant is granted permission to show to prospective clients the reports and data which have been accepted by the City as prepared under this Agreement. 6. 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 Consultant's business office at 3100 South Harbor Boulevard, Suite 200, Santa Ana, California 92704. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to the City notifying the 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. 7. SUBCONSULTANTS AND 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 the 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 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 City. 8. PAYMENT AND 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 the amount of one hundred thirteen thousand five hundred and thirty -one dollars ($113,531.00), except as otherwise provided for herein below. • •Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project It is agreed that the above maximum fee represents an estimated budget of 1,291 hours of engineering service to complete the work under Tasks 1 & 2. Engineering effort required beyond this budget constitute a change in scope and budget and a basis for an amendment to this Agreement. B. PAYMENT AND FEE SCHEDULE personnel Partner -in- Charge .... ............................... Engineer / Scientist VIII ......................... Engineer / Scientist VII .......................... Engineer / Scientist VI ........................... Engineer / Scientist V ............................ Engineer / Scientist IV ........................... Engineer / Scientist III ........................... Engineer / Scientist II ............................ Engineer / Scientist I ............................. Engineering Aid VII ............................... Engineering Aid VI . ............................... Engineering Aid V .. ............................... Engineering Aid IV . ............................... Engineering Aid III . ............................... Engineering Aid If .. ............................... Engineering Aid I ... ............................... Engineering Technician VII ................... Engineering Technician VI ..................... Engineering Technician V ...................... Engineering Technician IV ..................... Engineering Technician III ..................... Engineering Technician II ...................... Engineering Technician I ....................... Clerical.................. ............................... Word Processor ...... ............................... Office Aides ........... ............................... hourly rates $143.00 148.50 136.25 116.50 107.25 96.00 91.50 82.00 73.25 88.00 82.00 75.00 69.50 66.75 58.25 39.00 86.75 83.75 74.25 63.50 58.00 52.75 41.00 45.50 58.75 29.00 C. The contract amount shall be paid to Consultant in monthly partial payments based on the number of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as approved by the Utilities Manager. D. In addition to the 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 Utilities Manager, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) or exact copies, if approved by the Utilities Manager, 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 of the receipt of said records and hourly summary. • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (2.) Consultant shall not be compensated for use of Consultant's equipment, hardware, software materials, "in- house" reproduction or 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 herein above. 9. 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 the City. In consideration for performance of additional services authorized in advance and approved in writing by the City. The City hereby agrees to compensate Consultant an amount based upon the hourly rate as submitted to the City in the Fee Schedule. An increase in the total compensation exceeding eleven thousand dollars ($11,000.00) shall require that an amended Agreement for such additional services be executed by the Consultant and the City. 10. 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 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. 11. 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: "Should any of the above described policies be non - renewed, canceled or coverage reduced before the expiration date, the company affording coverage shall provide 30 days minimum advance notice to the City of Newport Beach by first class mail." Coverage may not be reduced or otherwise materially altered. 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 "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 Consultant's Errors & Omissions carrier shall be "B + ", "VIII" or better. • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (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 Bodily Injury Property Damage Aggregate Insurance 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). 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 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, agents and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to Consultant secondarily, if necessary. • •Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 12. 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. 13. 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. 14. 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. 15. 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 services hereunder. 10 • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City of Newport Beach, a municipal corporation Robin Clauson Assistant City Attorney ATTEST: Wanda Raggio City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, Califomia 92659 -1768 (714) 644 -3011 (714)646 -5204 FAX 11 John Hedges, Mayor City John Carollo Engineers a Partnership G. William Knopf, Partner Consultant Allen C. Todd, Partner Consultant John Carollo Engineers 3100 South Harbor Boulevard, Suite 200 Santa Ana, California 92704 (714)540 -4300 (714)540 -4349 FAX AMENDMENT NO.1 PROFESSIONAL SERVICES AGREEMENT 16th Street Pump Station Design Groundwater Development Project THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this Wit" day of October, 1996, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and Carollo Engineers, a Partnership (hereinafter referred to as "Consultant ") is made with reference to the following: iaxy�r_���1 A. On November 13, 1995, 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 engineering design services performed during the term of the Agreement is $113,531. The fee shall be increased by $50,600, to cover the cost of additional services described in this AMENDMENT NO. 1. The revised maximum fee is $164,131. 2. The term of this Agreement, is not to extend beyond January 31, 1997. 3. The standard hourly rates established for Agreement shall continue in effect and shall be unchanged through January 31, 1997. 4. Consultant agrees to provide the following additional services: a. Continued meetings with City staff as necessary during construction of the City initiated Pump Station re- design. b. Design and construction services as requested by the City, including cathodic protection, control systems and requests for information and /or clarifications from the contractor for completion of the Pump Station. Amendment No. 1 Professional Services Agreement Carollo Engineers IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the first date above written. APP{20VE TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk ^..� • �} 1 t''Ci �'• `_a9�' City of Newport Beach, a municipal corporation John Hedges, Mayor "City,. Carollo Engineers, a Partnership G. William Knopf, Partner "Consultant" Allen C. Todd, Partner "Consultant" TO: FROM DATE: 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 / / - /�- 9-5- PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT CITY CLERK November 16, 1995 SUBJECT: Contract No. C- 3004 -P Description of Contract Professional Engineering Services for Modification of Disinfection Facility at 16th Street E= Station - Groundwater Development Project Effective date of Contract November 13, 1995 Authorized by Minute Action, approved on September 25, 1995 Contract with John Carollo Engineers Address 3100 South Harbor Blvd. , Suite 200 Santa Ana CA 92704 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach C TO: FROM: i i BY THE Cl CITY OF N - -11:: i SF. P 5 September 25, 1995 Appgnvpn CITY COUNCIL AGENDA ITEM NO. 11 Mayor & Members of the City Council Public Works Department C -3mcl- SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR MODIFICATION TO THE 16th STREET PUMP STATION DISINFECTION FACILITY AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATIONS: DISCUSSION: If desired, authorize the Mayor and the City Clerk to execute a Professional Services Agreement on behalf of the City with John Carollo Engineers for a not -to- exceed fee of $113,531. A significant component of the Groundwater Development • Project is the 3.0 million gallon underground reservoir and the 11,000 gallon per minute pump station currently under construction at the 16th Street Utilities Yard. This is the location where groundwater will be treated before being introduced into the City's water system. The disinfection system that will be housed in the pump station building will use a combination of chlorine and ammonia to create a disinfecting agent called chloramination. This is the same type of disinfection process currently being used by the Metropolitan Water District (MWD) and is necessary for enclosed reservoirs. The disinfection system, designed for the pump station and reservoir project currently under construction, utilizes a gaseous chlorine and ammonia system. Due to the potential danger of gas leaks, a Risk Management and Prevention Program (RMPP) is required by State law for gaseous chlorine and anhydrous ammonia. The Utilities staff, design engineer, Fire Department and a RMPP consultant prepared the RMPP for the 16th Street site. The project under construction incorporates all of the necessary redundant designs and safety features for handling and containing the gaseous chlorine and ammonia, to mitigate the potential release of the gases. Our City • Utilities operation crews have been treating the Big Canyon Reservoir water with gaseous chlorine for over 30 years without any accidental release of gas. The Big Canyon Reservoir disinfection system is currently planned to be upgraded to accomodate a chloramination process. This project has been approved and included as a 1995/96 Capital Project, and is on hold awaiting the outcome of this modfication to the 16th Street facility. 0 s Page 2 16th Street Pump Station Disinfection Facility Groundwater Development Project September 25. 1995 Through the RMPP process, .thee Fire Department and their Hazardous Materials team became more familiar with the potential problems • that can occur with an accidental - release of either or both gases. After the completion of an independent review of the RMPP in June, it was determined that the facility proposed for construction met all the requirements. The Fire Chief still had concerns and requested that the Public Works Director investigate a change in the disinfection system to use a liquid chlorine and ammonia disinfection process. An outside consultant specializing in water treatment systems, Dr. Michael J. McGuire, was retained to review the proposed disinfection system. He recommends that our disinfection system be changed from gaseous chlorine and ammonia to liquid chlorine (Sodium Hypochlorite) and liquid ammonia (Aqueous Ammonia). The primary reason for this recommendation is to reduce potential risk associated with any gaseous disinfection material release. In addition, MWD is currently changing their system operations to the exact same process, which was not anticipated during the initial design of the project. A copy of Dr. McGuire's letter report is included as Attachment "A ". The Fire Chief and Public Works Director concur with the recommendation. A change from a gaseous to liquid disinfection system will require that the pump station building be reconfigured, the chemical storage • facilities be modified, and that some piping systems be changed. Very little of the current disinfection system design can be used. The pump station design engineer, John Carollo Engineers, has submitted a proposal to redesign and modify the plans for a liquid disinfection system and to work with BFI Constructors to incorporate this new design into the construction contract. They proposed to complete the work in December, 1995 for a fee not to exceed $113,531. This will be a complete redesign of the system with the preparation of new plans and specifications. The consulting engineer will work with BFI Constructors to provide information and design layouts during the process to allow work to proceed without significant delays to the project. BFI Constructors was awarded the contract for the construction of the 16th Street reservoir and pump station in March, 1995, and they began work in May, 1995. The reservoir subdrain systems, drain and outlet piping and foundation work is nearly completed. The actual construction of the pump station was not planned to begin for at least six months. However, the shop drawing submittals and the underground piping that will serve the disinfection system was planned to be submitted and /or installed as the reservoir is being constructed. BFI has agreed to work with our • consulting engineer and the City to make this change. There is even the possibility of some construction cost savings with the liquid disinfection system, in the range of $100,000. If this is the case, the change can be made at little or no overall added cost to the project. Operational costs is approximately the same for either system. This change may add one (1) to three (3) months extra time to the existing construction contract. At this time, the extension doesn't appear to affect the completion date of the overall groundwater development project. Page 3 16th Street Pump Station Disinfection Facility Groundwater Development Project September 25, 1995 • It is recommended that John Carollo Engineers be retained to prepare revised plans to modify the disinfection facility to a liquid chlorine and ammonia disinfection system and that a change order be negotiated with BFI to incorporate the revised system into the pump station. The proposed engineering services agreement with John Carollo Engineers is included for your review as Attachment "B ". This recommendation was reviewed by the Utilities /Public Works Committee at their September 8th,1995 meeting,. The Committee forwarded a recommendation to the City Council for approval. Respectfully submitted, 04), PUBLIC WORKS DEPARTMENT Don Webb, Director • By: Michael J. Sinacori, P.E. (Acting) Utilities Manager MJS /cja Attachments: A: Disinfection System Analysis by McGuire Environmental Consultants, Inc. with Summary Memo from Mike Sinacori B: Professional Services Agreement with John Carollo Engineers 0AMcCuirA Environmental Consultants, Inc. July 28, 1995 Mr. Don Webb Public Works Director Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Dear Mr. Webb: The purpose of this letter is to present my findings from the evaluation I have conducted of the conceptual design of the chlorination facility for the Groundwater Development Project at the 16th Street Reservoir site. I will also give you some preliminary thoughts on the decisions you face in the future regarding future modifications to the chlorination facility at Big Canyon Reservoir. My evaluation has consisted of a visit with you and your staff on Monday, July 24, 1995, at the 16th Street Service Yard and review of a number of documents provided to me that relate to the project. Because of the fast -track nature of this effort, it must be emphasized that only a matter of days was available to evaluate the materials, make findings and develop recommendations. If the schedule had allowed, I would have benefitted from more time to review the data and to evaluate some of the information in the field. Problem Statement A contract has been executed by the City of Newport Beach to build the Groundwater Development Project -16th Street Reservoir and Pump Station. Construction of the project is currently underway. A critical part of the project is construction of a chlorination and ammoniation facility to disinfect the groundwater produced by the proposed Newport Beach well field in the City of Fountain Valley. Water produced by the well field will be pumped several miles to the 16th Street site for storage, disinfection and re- pumping. The current design for the chlorination system relies on the use of gaseous chlorine feed from ton cylinders, through injectors, into a concentrated chlorine solution which is fed into the well water. Full containment of the chlorine gas feed system including a caustic soda scrubber has been designed for the facility. The ammonia feed system has also been designed as a pressurized gas system. Anhydrous ammonia would be fed to the water from the well field in a manner similar to that for chlorine gas. No containment of the pressurized ammonia gas system was proposed. 469 25th Street Santa Monica, Glifomia 90402 -3103 Telephone (310) 451.7471 Fax (310) 451.7571 n 0 1%.ud w R.Y'U pkp. gl;gCHME� A 0 • • -2- The combination of chlorine and ammonia in water results in a rapid chemical reaction producing a class of disinfectants called chloramines. Chloramines are proposed for use in Newport Beach to make the distribution system disinfectant compatible with that used by the • Metropolitan Water District of Southern California (Metropolitan) and to position the City to comply with upcoming federal and State regulations. Currently, Newport Beach is purchasing water from Metropolitan, disinfecting it and serving it to consumers in the City. The chloraminated water from Metropolitan is being served without any re- chlorination at certain higher elevations of Newport Beach. The majority of the water from Metropolitan is being treated with large doses of free chlorine to destroy the chloramine residual prior to storing the water in Big Canyon Reservoir. Water served to the City from Big Canyon Reservoir is disinfected with free chlorine using a pressurized gas feed system. Currently, Big Canyon Reservoir is uncovered and subject to all of the water quality problems associated with uncovered finished water reservoirs (e.g. algae growth, birds, bacterial regrowth, nuisance organisms and taste and odor problems). Concerns have been raised over the design of pressurized gas feed systems for both chlorine and ammonia at the 16th Street site. A private school, Careened Hall, is located within a few hundred feet of the reservoir site. • Major Findings Based on my review of the documents provided and my experience with chlorine and ammonia systems for water utilities in the U.S., I have made the following findings: ■ It is unusual to design an ammonia gas feed system for a 10 mgd average (20 mgd maximum) water treatment facility. Economic analyses that I am familiar with have shown that aqua ammonia feed systems are less costly than ammonia gas feed systems for all bui the largest facilities (plants treating several hundred mgd). Metropolitan evaluated gas and aqua ammonia systems for its very large plants in the early 1980s and decided to use aqua ammonia. ■ Aqua ammonia feed systems are simple consisting of a tank of aqua ammonia, a chemical feed pump, a flow measuring device and an injection system followed by a mixing zone in the water being treated. The control system for aqua ammonia feed is similar to the control system proposed for the ammonia gas system. • ■ Chlorine gas systems are installed at virtually all water treatment system sizes throughout the U.S. Recently, the trend has been to install sodium hypochlorite feed systems to avoid the risk associated with chlorine gas feed systems and the expense of gas containment/scrubber treatment systems. 0 0 -3- ■ The technology of hypochlorite feed systems is simple and similar to aqua ammonia feed systems. Hypochlorite feed systems consist of a tank of sodium hypochlorite, a chemical feed pump, a flow measuring device and an injection system followed by a mixing zone in the water being treated. The control system for hypochlorite feed is similar to the control system proposed for the chlorine gas system. ■ The Risk Management and Prevention Program (RMPP) conducted for the City by EQE International appears to have full explored the risks of the use of pressurized gas feed systems for chlorine and ammonia at the 16th Street site. While the RMPP seems to deal with all of the anticipated operational problems and disaster scenarios, Newport Beach may wish to avoid the potential for any risk from the inadvertent release of toxic gases by using alternative disinfectant feed systems. ■ The City of Newport Beach will have to conduct an RMPP on the Big Canyon Reservoir chlorine gas feed system either now or in the near future when an ammonia feed system is installed to implement chloramines in the entire Newport Beach distribution system. The City may wish to convert the reservoir pressurized chlorine gas feed system to sodium hypochlorite to avoid the need to do an RMPP and to avoid the same risks discussed above for release of toxic gases from the site. Other Issues Besides the original scope that was assigned to this evaluation, several issues have emerged which should be evaluated by Newport Beach staff or consultants. Water quality concerns and issues related to the conversion to chloramines include: ■ There are quality differences between the proposed groundwater supply and water purchased from Metropolitan. These differences can result in changes in the physical, chemical and microbiological equilibrium of corrosion deposits in the distribution system. Red water problems have resulted in other cities where this equilibrium has been disturbed. There was not time to explore these issues in any depth for this report. ■ In order to implement chloramines in the entire City, Big Canyon Reservoir should be covered to avoid significant water quality problems. Because of the regular shape of the reservoir it appears to be an excellent candidate for a low - cost floating cover using Hypalon -like materials. ■ Because the wells are not yet constructed, the water quality of the proposed well supply is not known with any certainty. Reports on the geohydrology of the area and expected water quality do not assure the City that the proposed well field will not produce water that is high in color. The City should explore C • is 0 0 -4- this issue further and determine the risk of drilling the proposed wells and producing colored water. Also, there is some concern for the inorganic, • oxidant - demanding quality of the proposed well supply. Reference is made in the hydrogeology report to the presence of hydrogen sulfide in wells in the vicinity of the proposed Newport Beach wells. The City of Long Beach has found that they have problems not only with sulfide but also with ammonia in their wells. The presence of either one of these compounds in significant concentrations would complicate the disinfection strategy for Newport Beach. ■ A series of drinking water regulations are under consideration by the USEPA. The Disinfectants /Disinfection By- Products (D /DBP) regulation was proposed on July 29, 1994, and will reduce the allowable levels of trihalomethanes (THMs) and haioacetic acids in treated water. The THM limit will drop from 100 to 80 gg/L in the first stage and may drop to as low as 40 µg /L in the second stage. The City's decision to switch to chloramines will make it likely that it will be able to comply with these future regulations. More work to confirm future D /DBP compliance is warranted. A compound known as chlorate may be regulated under the D /DBP rule. Chlorate can be produced by the degradation of sodium hypochlorite feed chemical especially under high temperature conditions. The City may wish to • consider storing sodium hypochlorite in a covered area or in an air- conditioned room (maintained at a moderate temperature- -75 -85 degrees Fahrenheit). ■ A groundwater disinfection rule (GWDR) has been under discussion for several years. If a GWDR is implemented as presented in the past, a requirement for disinfection could be imposed on the new Newport Beach well supply. If a 4 -log virus inactivation standard is set, Newport Beach will have to determine with some certainty if the proposed chloramination treatment will be sufficient. Based on a maximum flow rate of 20 mgd, the storage volume of 3 million gallons, a chloramine residual of 1.5 mg /L and a TjdTso ratio of 0.3, the CT that could be expected from the disinfection system as currently planned would be 98 mg- min /L. The appendix of the Surface Water Treatment Rule Guidance Manual lists a required CT of 746 mg -min /L to achieve a 4 -log virus inactivation (at 20 degrees Celsius). Thus Newport Beach could not achieve a 4 -log virus kill with chloramines and may want to consider using free chlorine in the reservoir. • The City may wish to investigate installing an ammonia feed point after the 3 million gallon reservoir. With this arrangement, free chlorine would be added at the reservoir influent and ammonia added at the reservoir effluent. Therefore, sufficient free chlorine contact would be available to give far more than a 4 -log virus kill. The City of Newport Beach should contact the E -5- 0 California Department of Health Services to discuss their requirements for disinfection of this new supply. Newport Beach should investigate nitrification control strategies prior to the introduction of chloramines into the entire system. ChIoramines (and the accompanying free ammonia) are known to promote the phenomenon of nitrification which can lead to numerous water quality problems including coliform regrowth. One measure that should be actively evaluated is to change the chlorine to ammonia - nitrogen ratio planned for the 16th Street feed system. Currently, the ratio is planned at 3:1. Newport Beach should consider a ratio of 4.5:1 to reduce the amount of free ammonia in the treated water. Also, the City should institute nitrite monitoring of distribution system locations as an early warning system for nitrification problems. Recommendations Based on the analysis presented in this letter report, I recommend that the City of Newport Beach explore alternative disinfectant feed systems for the 16th Street site. I believe that an engineering analysis will show that sodium hypochlorite and aqua ammonia feed systems are substantially cheaper than the proposed pressurized gas feed systems. Moving away from pressurized gas feed systems will also eliminate the risk of an inadvertent release • of toxic gases from the 16th Street site which could expose the City to significant liability should such a release occur. I recommend that an analysis of the disinfectant feed options for Big Canyon Reservoir be conducted in anticipation of the conversion of the distribution system to chloramines. The City will likely wish to replace the existing pressurized chlorine gas feed system with a sodium hypochlorite system and install an aqua ammonia feed system. I also recommend that the other issues described in this report be explored to ensure that the new well supply is developed and implemented with the least upset to the Newport Beach water system. If I can be of any further assistance, please give me a call. Very truly yours, Michael J. McGuire, Ph.D. • CAW"Id e..%WWP.41 ..rpt • DATE: TO: FROM: • r� MEMORONDUM September 11, 1995 Don Webb, Public Works Director Michael J. Sinacori, (Acting) Utilities Manager 0 City of Newport Beach PUBLIC WORKS DEPARTMENT SUR)ECT: Disinfection System Analysis Prepared by McGuire Environmental Consultants Discussion on Other Issues UTILITIES The following is a discussion of the "Other Issues" identified in the disinfection system analysis prepared by McGuire Environmental Consultants and is being provided to you at the request of the Utilities/ Public Works Committee. Staff will continue studying these issues throughout the implementation of the Groundwater Development Project and additional reports will be forthcoming. 1. In McGuire's report, it was pointed out that there could be water quality differences between blending the proposed groundwater supply and the water purchased from Metropolitan Water District (MWD). The differences could result in changes in the physical, chemical and microbiological equilibrium of corrosion deposits in the City's water distribution system. The City is currently investigating this possibility and will retain a consultant with expertise in water quality chemistry to evaluate the potential effects of mixing MIND water with well water. In any event, the effect can be mitigated through adjustments in the water chemistnj controlled through the disinfection system. In addition, the City has been either replacing or re- lining existing cast iron pipe to eliminate any potential corrosion problems within the City's water distribution system. 2. Dr. McGuire indicated that in order to implement chloramines in the City, a floating cover should be installed at Big Canyon Reservoir to avoid significant water quality problems. At the present time, the preliminary design for a floating cover at Big Canyon Reservoir is under review by Staff. The overall project has been put on hold while San Joaquin Reservoir is under repair and a proposed floating cover is to be installed. The estimated cost for installing the floating cover at Big Canyon Reservoir is approximately $3,500,000. Once the reservoir is covered, the City will change its disinfection process from injecting free chlorine to chloramines into the system. The use of chloramines will reduce the formation of THM's, which will be required by Federal Law and eliminates any interfacing problems in the distribution system between water treated with chlorine and chloramines. This interfacing problem has a potential to cause water quality problems. In addition, this will eliminate any possible nitrification problems that could be associated with covering Big Canyon Reservoir and the underground reservoir at the 16th Street Utilities Yard. The City will follow MWD's operating procedures and switch back to chlorine for one month out of the year. This effort will be coordinated with M WD's staff 3. Dr. McGuire indicated that the water quality of the proposed wells is not known and that he had concerns about the potential production of colored water that could have the presence of hydrogen sulfide. He indicated that this could complicate the disinfection process proposed by the City. The City is currently designing the wells to be drilled at a depth between 700 feet and 800 feet. Recent data from the Orange County Water District indicated that colored water is typically located below 900 feet. The City does not anticipate any colored water from its proposed wells and therefore removal of colored water from the groundwater will not be required. Page 2 Disinfection System Analysis Prepared by McGuire Environmental Consultants Review of Other Issues September 11, 1995 4. The McGuire report discussed the new regulations being proposed by the United States Environmental • Protection Agency ( USEPA) called the Disinfectants /Disinfection By- Products Rule (D /DBP). This regulation discusses the reduction of levels of Trihalomethanes (THMs) in the water supply. In addition, it was discussed that another compound called Chlorate, a by- product of sodium hydochlorite could be regulated under the D /DBP. Dr. McGuire indicated in his report that the City's decision to change to chloramination will allow the City to comply with the D/DBP. In addition, to reduce potential chlorates in the sodium hypochlorite solution, the City will be installing a cooling system within the new disinfection facility to eliminate any problems with chlorates. 5. Dr. McGuire indicated that another regulation that may be adopted by the USEPA called the groundwater disinfection rule (GWDR) will determine the methods of eliminating potential virus from the water system. He indicated that a defined amount of contact time between the groundwater and free chlorine will be required to eliminate any potential virus and that the City should re- evaluate the injection points into the water system of chlorine and chloramines. When the groundwater disinfection rule is adopted and a certain amount of contact time will be required between the groundwater and free chlorine, the City will have the ability to chlorinate the inflow water line before the water enters the 16th Street Reservoir to meet proposed contact time requirements. At the time of the City's highest demand of water (i.e. during the summer months) and the highest flow rate, there still will be 3.6 hours of retention time in the 16th Street Reservoir. The proposed system currently under construction will allow the City to add chlorination and /or chloramiation at the inflow line, the outflow line or any combination of both. In addition, the City has contacted the State Department of Health Services about the proposed regulations. 6. The McGuire Report pointed out that the City should investigate nitrification control strategies prior to • the introduction of chloramines into the water system. McGuire indicated that chloramines are known to promote the phenomenon of nitrification which could lead to numerous water quality problems. The City is proposing to provide a feed ratio of chlorine to ammonia of 4.5:1 to create chloramines. This will reduce the amount of free ammonia in the water and reduce the potential of nitrification. Also, the City is investigating the use of a nitrite monitoring system as an early warning system for nitrification problems. Should you have any questions or comments, I am available to discuss these at your request. MJS:dsg 0 0 0GZEEMENT • PROFESSIONAL ENGINEERING SERVICES FOR THE DISINFECTION FACILITY AT THE 16TH STREET PUMP STATION GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this day of September, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and John Carollo Engineers, a Partnership, hereinafter referred to as "Consultant ". RECITALS: A. 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, and; • B. The City, as a part of the Groundwater Project, must construct a disinfection facility to treat the water to the State Department of Health Services regulations prior to distribution to the City's water customers, and; C. The City desires engineering services to revise and bid the proposed disinfection system prior to construction of the 16th Street Pump Station that will include: design, shop drawing review and responses to requests for information from the contractor, which are hereinafter collectively referred to as Consultant Services, and; D. The City requires the engineering services for said Consultant Services requires a qualified civil engineering consultant, and; E. The City has solicited and received a proposal from Consultant for Consultant • Services, as well as to provide certain other essential professional services, outlined herein below, and; F. The City has reviewed the previous experience and has evaluated the expertise of Consultant and desires to accept the proposal submitted by Consultant. A- r'fhcHmiE,✓T „B„ • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: • 1. GENERAL A. City engages Consultant to perform the described services for the consideration hereinafter stated. B. Consultant agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. Consultant agrees that all services provided 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. D. Consultant shall be responsible to the level of competency presently maintained by other practicing professional engineers performing the same or similar type of work at the time notice to proceed is issued. E. Consultant shall not be responsible for the means, methods, techniques, • sequences or procedures of construction selected by contractors or the safety precautions and programs incidental to the work of contractors and will not be responsible for contractor's failure to carry out work in accordance with the Contract Documents. F. The services to be performed by Consultant are intended solely for the benefit of the City. Nothing contained herein shall confer any rights upon or create any duties on the part of Consultant towards any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier or their agents, officers, employees, insurers or sureties. 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to the City. Consultant shall provide the necessary means toward completing the defined tasks associated with the design and construction phases of the Consultant Services. • Those tasks include the following: A. Task 1 (I.) Design Basis • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project a. Develop a basis of design for a liquid chemical system using sodium hypochlorite and aqueous ammonia. • i. Tabulation of design criteria and equipment sizing for new facility. ii. Process schematics for two (2) aqueous chemical systems. iii. A preliminary layout of the new facility to be reviewed and approved by the City. (2.) Design and Drawings a. Provide engineering design for the new disinfection facility. i. Redesign of the appropriate civil, structural, mechanical, electrical and instrumentation systems. ii. Modify existing drawings and prepare new drawings and design sketches as agreed upon between Consultant and the City. iii. Provide a level of detail necessary for the Contractor to complete the • proposed work. (3.) Specifications Modify the specifications and create new specifications and equipment descriptions as necessary for use by the Contractor in purchasing and installing the modified disinfection system. (4.) Cost Estimate a. Provide an engineer's cost estimate for the new disinfection facility. b. Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor's method of determining prices, or other competitive bidding or market conditions, practices or omissions on the site. Any cost estimate provided by • Consultant will be made on the basis of his experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual construction costs will not vary from cost estimates prepared by Consultant. • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (5.) Meetings a. Meet with the City, other City departments, the Contractor, equipment suppliers and City's other consultants to coordinate the changes and • revisions. b. Meetings shall be held on an as- needed basis to assist the City in preparing and administering construction change orders, not to exceed 20 hours of said service for the new disinfection facility. (6.) Record Drawings a. The scope of this task does not include the preparation of record drawings documenting the actual changes made to the project during construction. Preparation of record drawings or a new, conformed set of plans and specifications can be added to the Consulting Services by an amendment. B. Task 2 (1.) Construction Phase Services a. Reviewing Shop Drawing Submittals, not to exceed 160 hours of said • service. L Review shop drawing submittals and resubmittals for the fire protection system, fire and chemical alarms, bridge crane, the engine generator and related work. ii. Review shop drawing submittals and resubmittals for additional mechanical, structural, electrical and control system work resulting from design changes which were made during the redesign of the pump station facility. b. Response to Requests for Information L Provide responses to requests for information (RFI) from the contractor, as requested by the City, not to exceed 56 hours of said service. c. Record Drawings L Prepare record drawings upon completion of construction, not to is 70 hours of said service. ii. City to provide marked up, full -size construction plans from the Contractor and Resident Engineer. These drawings shall clearly, accurately and concisely delineate changes in such a manner that a draftsperson or technician can transfer the data directly to the City provided mylars. iii. Consultant will prepare record drawings on City provided mylars. 4 • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project d. Meetings • i. Consultant will attend weekly construction progress meetings as requested by the City, not to exceed 15 hours of said service. 3. DUTIES OF THE CITY A. In order to assist Consultant in the execution of his responsibilities under this Agreement, the City agrees to provide the following: 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 Consultant's defined duties. 2. Assist Consultant with interpretation of the City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to design criteria, plan review and project administration of plans and specifications. 3. Provide blueprinting, CADD plotting, copying and other services through the City's reproduction company. Consultant will be required to coordinate • with the City's reproduction company. 4. TIME OF COMPLETION Consultant shall commence work immediately upon receipt of written notice to proceed. All work 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 construction for the 16th Street Pump Station is completed and accepted by the City, which is scheduled for May 26, 1996. It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the Consultant Services, including record drawing preparation. 5. OWNERSHIP OF DOCUMENTS Original drawings 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 16th Street Pump Station, 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 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 the City, unless required by subpoena. 0 • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 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. Consultant is granted permission to show to prospective clients the 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 Consultant's business office at 3100 South Harbor Boulevard, Suite 200, Santa Ana, California 92704. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to the City notifying the 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. SUBCONSULTANTS AND 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 the 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 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 City. 8. PAYMENT AND 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 the amount of one hundred thirteen thousand five hundred and thirty -one dollars ($113,531.00), except as otherwise provided for herein below. • • • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project C. The contract amount shall be paid to Consultant in monthly partial payments based on the number of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as approved by the Utilities Manager. D. In addition to the 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 Utilities Manager, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) or exact copies, if approved by the Utilities Manager, 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 of the 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 or 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 herein above. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Partner -in- Charge ................................................................... .............................._ $ 143.00 Engineer / Scientist VIII ......................................................... ............................... 148.50 • Engineer / Scientist VII ......................................................... .............................. - 136.25 Engineer/ Scientist VI ........................................................... ............................... 116.50 Engineer / Scientist V ............................................................. ............................... 107.25 Engineer / Scientist IV ........................................................... ............................... 96.00 Engineer / Scientist III ........................................................... .............................. - 91.50 Engineer / Scientist II ............................................................. ............................... 82.00 Engineer / Scientist I ............................................................. ............................... 73.25 Engineering Aid VII ............................................................... .............................. - 88.00 EngineeringAid VI ................................................................. ............................... 82.00 EngineeringAid V ................................................................. .............................._ 75.00 EngineeringAid N ................................................................. ............................... 69.50 EngineeringAid III ................................................................. ............................... 66.75 EngineeringAid II ................................................................. ............................... 58.25 EngineeringAid I ................................................................... ............................... 39.00 Engineering Technician VII ................................................. .............................. - 86.75 Engineering Technician VI ................................................... ............................... 83.75 Engineering Technician V ..................................................... ............................... 74.25 Engineering Technician IV ................................................... ............................... 63.50 Engineering Technician III ................................................... .............................. - 58.00 Engineering Technician II ..................................................... ............................... 52.75 Engineering Technician I ..................................................... ............................... 41.00 • Clerical ..................................................................................... .............................. WordProcessor ....................................................................... ............................... . 45.50 58.75 OfficeAides ............................................................................. .............................. - 29.00 C. The contract amount shall be paid to Consultant in monthly partial payments based on the number of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as approved by the Utilities Manager. D. In addition to the 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 Utilities Manager, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) or exact copies, if approved by the Utilities Manager, 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 of the 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 or 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 herein above. • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 9. 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 the City. In consideration for • performance of additional services authorized in advance and approved in writing by the City. The City hereby agrees to compensate Consultant an amount based upon the hourly rate as submitted to the City in the Fee Schedule. An increase in the total compensation exceeding eleven thousand dollars ($11,000.00) shall require that an amended Agreement for such additional services be executed by the Consultant and the City. 10. 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 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. • 11. 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: "Should any of the above described policies be non - renewed, canceled or coverage reduced before the expiration date, the company affording coverage shall provide 30 days minimum advance notice to the City of Newport Beach by first class mail." Coverage may not be reduced or otherwise materially altered. 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 "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 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. 9 • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 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 Aggregate Insurance 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). 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 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, agents and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance • provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to Consultant secondarily, if necessary. 12. 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. Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 13. 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. 14. 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. 15. 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 services hereunder. r � LJ 10 Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 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 • Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -1768 (714) 644 -3011 (714)646 -5204 FAX City of Newport Beach, a municipal corporation John Hedges, Mayor City 11 John Carollo Engineers a Partnership G. William Knopf, Partner Consultant Allen C. Todd, Partner Consultant John Carollo Engineers 3100 South Harbor Boulevard, Suite 200 Santa Ana, California 92704 (714)5404300 (714)540 -4349 FAX FGREEM ENT PROFESSIONAL ENGINEERING SERVICES FOR THE MODIFICATION OF THE DISINFECTION FACILITY AT THE 16TH STREET PUMP STATION GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this /3 L day of 995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City ", and John Carollo Engineers, a Partnership, hereinafter referred to as "Consultant ". RECITALS: A. 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, and; B. The City, as a part of the Groundwater Project, must construct facilities to collect water and pump it through the water system, and; C. The City, as a part of this project, must pump the collected well water from it's 3.0 million gallon reservoir and distribute it to City's customers, and; D. The City desires to construct a pumping station with a pump building; a chlorine and ammonia disinfection facility; a telemetry and monitoring system; and all appurtenant facilities to treat the water, as required by the State Department of Health Services, prior to distribution to the City's water customers, and; E. The City and the Consultant entered into an agreement on November 22, 1993 to perform the engineering services for the design of the above mentioned pump station, which included construction related services. The remaining engineering services on this contract is to provide construction observation and shop drawing review. F. City desires additional engineering services to revise and modify the proposed disinfection system, at the request of the Public Works Director and Fire Chief, prior to construction of the 16th Street Pump Station that will include: design, shop drawing review and responses to requests for information from the contractor, which are hereinafter collectively referred to as Consultant Services, and; • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project G. The City requires the engineering services from said Consultant, who is best qualified to perform these services being the designer of the 16th Street Pump Station, and; H. The City has solicited and received a proposal from Consultant for the Consultant Services, as well as to provide certain other essential professional services, outlined herein below, and; I. The City has reviewed the proposal submitted by the Consultant and desires to accept the proposed scope of services as defined in this agreement. NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 1. GENERAL A. City engages Consultant to perform the described services for the consideration hereinafter stated. B. Consultant agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. Consultant agrees that all services provided 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. D. Consultant shall be responsible to the level of competency presently maintained by other practicing professional engineers performing the same or similar type of work at the time the notice to proceed is issued. E. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incidental to the work of contractors and will not be responsible for contractor's failure to carry out work in accord with the Contract Documents. F. The services to be performed by Consultant are intended solely for the benefit of the City. Nothing contained herein shall confer any rights upon or create any duties on the part of Consultant towards any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier or their agents, officers, employees, insurers or sureties. • 0 Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 2. SERVICES TO BE PERFORMED BY CONSULTANT Consultant shall provide the following listed professional services to the City. Consultant shall provide the necessary means toward completing the defined tasks associated with the design and construction phases of the Consultant Services. Those tasks include the following: A. Task 1 (1.) Design Basis a. Design a liquid chemical system using sodium hypochlorite and aqueous ammonia. i. Design criteria and equipment sizing for new facility. ii. Process schematics for two (2) aqueous chemical systems. iii. A preliminary layout of the new facility to be reviewed and approved by the City. (2.) Design and Drawings a. Provide engineering design for the change in the disinfection facility. i. Civil, structural, mechanical, electrical and instrumentation systems for the new system. ii. Modify existing drawings and prepare new drawings and design sketches as agreed upon between Consultant and the City. iii. Provide a level of detail necessary for the Contractor to complete the proposed work. (3.) Specifications Modify the specifications and create new specifications and equipment descriptions as necessary for use by the Contractor in purchasing and installing the modified disinfection system. (4.) Cost Estimate a. Provide an engineer's cost estimate for the new disinfection facility. b. Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor's method of determining prices, or other competitive bidding or market conditions, practices or omissions on the site. Any cost estimate provided by Consultant will be made on the basis of his experience and judgment. Consultant cannot and does not guarantee that proposals, bids or actual construction costs will not vary from cost estimates prepared by Consultant. • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (5.) Meetings a. Meet with the City, other City departments, the Contractor, equipment suppliers and City's other consultants to coordinate the changes and revisions. b. Meetings shall be held on an as- needed basis to assist the City in preparing and administering construction change orders, not to exceed 20 hours of said service for the new disinfection facility. (6.) Record Drawings a. The scope of this task does not include the preparation of record drawings documenting the actual changes made to the project during construction. Preparation of record drawings or a new, conformed set of plans and specifications can be added to the Consulting Services by an amendment. B. Task 2 (1.) Construction Phase Services a. Reviewing Shop Drawing Submittals, not to exceed 160 hours of said service. i. Review shop drawing submittals and resubmittals for the fire protection system, fire and chemical alarms, bridge crane, the engine generator and related work. ii. Review shop drawing submittals and resubmittals for additional mechanical, structural, electrical and control system work resulting from design changes which were made during the redesign of the pump station facility. b. Response to Requests for Information i. Provide responses to requests for information (RFI) from the contractor, as requested by the City, not to exceed 56 hours of said service. c. Record Drawings i. Prepare record drawings upon completion of construction, not to exceed 70 hours of said service. ii. City to provide marked up, full -size construction plans from the Contractor and Resident Engineer. These drawings shall clearly, accurately and concisely delineate changes in such a manner that a draftsperson or technician can transfer the data directly to the City provided mylars. iii. Consultant will prepare record drawings on City provided mylars. 4 • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project d. Meetings i. Consultant will attend weekly construction progress meetings as requested by the City, not to exceed 15 hours of said service. 3. DUTIES OF THE CITY A. In order to assist Consultant in the execution of his responsibilities under this Agreement, the City agrees to provide the following: (1.) 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 Consultant's defined duties. (2.) Assist Consultant with interpretation of the City standards and design criteria. Meet with Consultant as necessary to provide input or direction on matters pertaining to design criteria, plan review and project administration of plans and specifications. (3.) Provide blueprinting, CADD plotting, copying and other services through the City's reproduction company. Consultant will be required to coordinate with the City's reproduction company. 4. TIME OF COMPLETION Consultant shall commence work immediately upon receipt of written notice to proceed. All work 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 construction for the 16th Street Pump Station is completed and accepted by the City, which is scheduled for May 26, 1996. It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the Consultant Services, including record drawing preparation. OWNERSHIP OF DOCUMENTS Original drawings 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 16th Street Pump Station, 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 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 the City, unless required by subpoena. • . Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 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. Consultant is granted permission to show to prospective clients the reports and data which have been accepted by the City as prepared under this Agreement. 6. 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 Consultant's business office at 3100 South Harbor Boulevard, Suite 200, Santa Ana, California 92704. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to the City notifying the 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. SUBCONSULTANTS AND 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 the 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 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 City. PAYMENT AND 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 the amount of one hundred thirteen thousand five hundred and thirty -one dollars ($113,531.00), except as otherwise provided for herein below. • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project It is agreed that the above maximum fee represents an estimated budget of 1,291 hours of engineering service to complete the work under Tasks 1 & 2. Engineering effort required beyond this budget constitute a change in scope and budget and a basis for an amendment to this Agreement. B. PAYMENT AND FEE SCHEDULE personnel Partner -in- Charge ............... ............................... Engineer / Scientist VIII ...... ............................... Engineer / Scientist VII ....... ............................... Engineer / Scientist VI ........ ............................... Engineer / Scientist V ......... ............................... Engineer / Scientist IV ........ ............................... Engineer / Scientist III ........ ............................... Engineer / Scientist 11 ......... ............................... Engineer / Scientist I .......... ............................... Engineering Aid VII ............ ............................... Engineering Aid VI ............. ............................... Engineering Aid V .............. ............................... Engineering Aid IV ............. ............................... Engineering Aid III ............. ............................... Engineering Aid II .............. ............................... Engineering Aid I ............... ............................... Engineering Technician VII ............................... Engineering Technician VI .. ............................... Engineering Technician V ... ............................... Engineering Technician IV .. ............................... Engineering Technician III . ............................... Engineering Technician II .. ............................... Engineering Technician I ... ............................... Clerical............................. ............................... Word Processor ................. ............................... Office Aides ...................... ............................... hourly rates $143.00 148.50 136.25 116.50 107.25 96.00 91.50 82.00 73.25 88.00 82.00 75.00 69.50 66.75 58.25 39.00 86.75 83.75 74.25 63.50 58.00 52.75 41.00 45.50 58.75 29.00 C. The contract amount shall be paid to Consultant in monthly partial payments based on the number of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as approved by the Utilities Manager. D. In addition to the 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 Utilities Manager, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) or exact copies, if approved by the Utilities Manager, 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 of the receipt of said records and hourly summary. 7 • • Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (2.) Consultant shall not be compensated for use of Consultant's equipment, hardware, software materials, "in- house" reproduction or 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 herein above. 9. 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 the City. In consideration for performance of additional services authorized in advance and approved in writing by the City. The City hereby agrees to compensate Consultant an amount based upon the hourly rate as submitted to the City in the Fee Schedule. An increase in the total compensation exceeding eleven thousand dollars ($11,000.00) shall require that an amended Agreement for such additional services be executed by the Consultant and the City. 10. 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 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. 11. 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: "Should any of the above described policies be non - renewed, canceled or coverage reduced before the expiration date, the company affording coverage shall provide 30 days minimum advance notice to the City of Newport Beach by first class mail." Coverage may not be reduced or otherwise materially altered. 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 "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 Consultant's Errors & Omissions carrier shall be "B + ", "Vlll" or better. M • 0 Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project (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 Aggregate Insurance 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). 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 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, agents and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to the City primarily, and to Consultant secondarily, if necessary. • 0 Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project 12. 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. 13. 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. 14. 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. 15. 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 services hereunder. 10 0 Professional Services Agreement Disinfection Facility at the 16th Street Pump Station Groundwater Development Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: i Rdbin Clauson Assistant City Attorney ATTEST: z, Wanda Raggio City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -1765 (714) 644 -3011 (714)646 -5204 FAX 11 City of Newport Beach, a municipal corporation John Hedges, Mayor City John Carollo Engineers a Partnership �f/ G. William Knopf, Partner Consultant Allen C. Todd, Partner Consultant John Carollo Engineers 3100 South Harbor Boulevard, Suite 200 Santa Ana, California 92704 (714)540 -4300 (714)540 -4349 FAX Rdbin Clauson Assistant City Attorney ATTEST: z, Wanda Raggio City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 -1765 (714) 644 -3011 (714)646 -5204 FAX 11 City of Newport Beach, a municipal corporation John Hedges, Mayor City John Carollo Engineers a Partnership �f/ G. William Knopf, Partner Consultant Allen C. Todd, Partner Consultant John Carollo Engineers 3100 South Harbor Boulevard, Suite 200 Santa Ana, California 92704 (714)540 -4300 (714)540 -4349 FAX