HomeMy WebLinkAboutC-3004(P) - Geotechnical, Engineering & Construction Management for 16th Street Reservoir & Pump, Groundwater0
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TO
W0i349
AUG 2 6
Mayor & Members of the City Council
Public Works Department
.Lugust 26, 1996
CITY COUNCIL AGENDA
ITEM NO. in
C
C I
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 City, 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.
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August 26, 1996 - Page 2
Amendments to Professional Services Agr`e`ements
Groundwater Developmenj Project
DISCUSSION:
Converse Consultants Orange County..hzs -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
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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.
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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:sdl
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Original Professional Services Agreements for
Converse Consultants Orange County
Carollo Engineers
Daniel Boyle Engineering, Inc.
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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. .
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
Improvements.
Amendment No. t
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.
. APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
2
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
City
CONVERSE CONSULTANTS,
a California corporation
Thomas Scheil, P.E., Vice President
Consultant
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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: 0
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.
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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
0
ATTEST:
LaVonne Harkless
City Clerk
CJ
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
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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. •
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.
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 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.
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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
E
ATTEST:
LaVonne Harkless
City Clerk
E
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
RGREEMENT
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 2 day of -Oeteher 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;
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• Professional Services Agreement
Disinfection Aty 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.
Professional Services Agreement
Disinfecrion- 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. 0
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.
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• * 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
L Prepare record drawings upon completion
exceed 70 hours of said service.
ii. City to provide marked up, full -size cons
Contractor and Resident Engineer. These
accurately and concisely delineate changes
draftsperson or technician can transfer the
provided mylars.
of construction, not to
truction plans from the
drawings shall clearly,
in such a manner that a
data directly to the City
• iii. Consultant will prepare record drawings on City provided mylars.
• 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.
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 acility 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
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 IV ................................................. ...............................
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 N ...................................... ...............................
63.50
Engineering Technician III ...................................... ...............................
58.00
Engineering Technician II ....................................... ...............................
52.75
Engineering Technician I ........................................ ...............................
41.00
Clerical.................................................................. ...............................
45.50
Word Processor ...................................................... ...............................
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.
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. Professional Services Agreement
Disinfection oility 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- compensabee. 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.
If,
• 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 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.
R
• Professional Services Agreement
Disinfection Sity 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.
•
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Professional Services Agreement
• Disinfecti 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:
/JAI ti� i�
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
A'L J
John Hedges, Mayor
City
John Carollo Engineers
a Partnership
G. William Knopf, Partner
Consultant
Todd, Allen C.
Consultant
r�
U
•
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
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