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Home My WebLink AboutC-3037 - Professional Services for Big Canyon Reservoir Floating CoverAMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR BIDDING AND CONSTRUCTION SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this qR4 day ofQ -Qnt— , 2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and TETRA TECH, INC., whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. On February 10, 2004, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement', for bidding and construction phase services for the Big Canyon Reservoir Covering and Disinfection Improvements, hereinafter referred to as "Project". This Agreement is scheduled to expire on January 31" of 2005. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement and to extend the term of the Agreement to June 30, 2005. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" dated June 9, 2004, attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Thirty -six thousand and 00/100 Dollars ($36,000.00). 3. The term of the Agreement shall be extended to June 30, 2005. 0 0 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVFq AS TO FORM: City Attorney for the City of Newport Beach ATTEST: 1-6Vonne Harkless, City Clerk Attachment: Exhibit A CITY OF NEWPORT BEACH, A Municipal CorgDr tign. for the City of Nowpjort TETRA TECH, INC.: By: 81ev6 Tedesco, P.E. Divisional Senior Vice President f : \usem\pbw\shared\agreements \fy 03- 04\tetra tech -bcr floating cover amendl.doc 0 TETRATECH, INC. Infrastructure Services Group June 9, 2004 Michael J. Sinacori, P.H. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 9 Exhibit A Reference: Big Canyon Reservoir Floating Cover and Disinfection Facilities Request for Additional Authorization — Construction Services Dear Mr. Sinaeori: As we have been working on the construction services portion of the project, Tetra Tech, Inc, has provided additional services requested by the City that were beyond the original scope of work As a result, this has impacted our existing budget. These additional services have included construction staking, attending weekly meetings instead of the original scope of once per month, as well as redesign. The following is a discussion of the work performed to date by task: Task 1. Bidding Assistatace — There were three (3) addenda prepared during the bidding phase. The original $6,000 budget for this task was exceeded by $1,865. As a result, we are requesting compensation for this effort. Task 2. Shop Drawings — We have reviewed about 70 shop drawings including resubmittals. We estimate that we are currently about two thirds completed with the shop drawings on the project and estimate that the $7,450 will be adequate to complete the remainder of the submittal. review. Task 3. RFC/Change Orders— We have reviewed approximately 25 RFCs on the project as well as response to telephone and email questions from the contractor. There is currently $1,468 remaining in the budget. This remaining budget does not appear to be adequate to address the remaining RFCs and questions on the project. We estimate that we will need an additional $5,445 for this task Task 4. Site Visits/Meedngs — The original budget included monthly site visits. I3owever, the City had requested that Tetra Tech attend the weekly project meetings. We have already expended out budget for this task. The City indicated that formal meetings will continue to be held every two weeks. As a result, we estimate that will require about 11 more meetings with an additional budget of $6,300 through the estimated project completion. 16241 Laguna Canyon Road, Suite 200, 1iwine, CA 92618 Tel 949.727.7099 Fax 949.727.7097 www.tetratech.com • • TETRATECH, INC. Infrastructure Services Group Mr. Michael Sinacori June 9, 2004 Page 2 Task 5. Record Drawings — Some minor work has been done which will apply to the as -built conditions. The remaining budget should be adequate. Task 6 Rein:bursables — There is currently about $400 remaining in this task for printing of final as- builts. Task 7. Disinfection S)?stem Redesign — On March 24, 2004, the City had requested some modifications to the design of the disinfection facilities and piping at the Big Canyon Reservoir. The following items sumnarize the requested changes. The requested budget for this task was $7,500. The work has been completed and provided to the City. • Relocate analyzers from the basement to the upper control room area. Revise layout in the upper level control room for two chlorine analyzers, two ammonia analyzers, and new control cabinet, existing motorized operator valves, telemetry, etc. • Relocate and revise sample piping and return lines on main inlet and outlet reservoir piping. • Add electrical junction box for two new sample pumps in the basement area (sample pumps provided by City). • Delete chlorine /analyzer fiberglass enclosure and block masonry wall on the slope. Relocate analyzers that were in the fiberglass shed to a post mounted 316 enclosure on the reservoir access road. Return sample line to go back into existing piping trough into reservoir. Analyzer waste to flow by gravity down the embankment (encased pipe) where it will tie into sewer. • Delete sump and sump pump in control room basement for analyzer waste that was previously going to sewer. Extend existing 4 -inch sewer around the west side of control building to pick up analyzer waste from upper level control room and from the drain line coming down the embankment. • Relocate the rotometer panel that was in the fiberglass shed to the disinfection pad (locate panel in the future chlorine dioxide area). From the rotometer panel, revise the single chlorine solution line with four separate chlorine lines up the reservoir embankment (encased in slung) and then down the trough to each of the mixers. Provide check valves on each line at the top of reservoir and down near the rotometer panel. Task 8. Construction Survey and Staking — The City requested that construction survey and staking be performed on items for the reservoir access road, mixers, control panels, etc. Since this was not a task in the original scope of work, we did not have any budget for this task. Consequently the funds came out of our existing contract budget. We are therefore requesting $6,555 for this task as previously billed to the City. Additionally, the construction inspector estimates that an additional one and one -half days of survey /staking will be needed on the project. As a result, we estimate that $4,000 will be needed for that task. Task 9. Concrete Mixer Foundation — This task was beyond the scope of work. The Contractor and City had requested that Tetra Tech provide design sketches for the concrete and steel for the mixer foundation pads. This task was approximately 16 hours at a cost of $2,500, which has already been performed and billed to the City. E TETRATECH, INC. Infrastructure Services Group Mr. Michael Sinacori June 9, 2004 Page 3 0 The original scope of work tasks and budget as well as the remaining budget and proposed new budget totals are as follows: Task Description 1. Bidding Assistance 2. Shop Drawings 3. RFCs /Change Orders 4. Site Visits/Meetings (Monthly) 5. Record Drawings 6. Reimbursables 7. (new) Disinfection System Redesign 8. (new) Construction Survey and Staking 9. (new) Concrete Mixer Foundation $ 1,468 Total Original Expended Remaining Total Budget Budget Budget Budget $ 6,000 $ 7,865 -$1,865 $ 7,865 $26,000 $18,550 $ 7,450 $26,000 $ 9,000 $ 7,532 $ 1,468 $14,445 $ 8,000 $ 9,835 -$ 1,835 $16,135 $ 4,500 $ 623 $ 3,877 $ 4,500 $ 1,000 $ 600 $ 400 $ 1,000 $ 0 $ 7,500 -$7,500 $ 7,500 $ 0 $ 6,555 -$6,555 $10,555 $ 0 $ 2,500 -$2,500 $ 2.500 $54,500 $61,560 $ -7,060 $90,500 As a result, we are requesting the following additional budget authorization necessary to complete the construction services for the project: Task 1 Bidding Assistance (beyond original budget) $ 1,865 Task 3 Additional Budget for RFCs /questions $ 5,445 Task 4 Site Visits/Meetings (beyond original budget) $ 1,835 Task 4 Additional Budget for Remaining Biweekly Meetings $ 6,300 Task 7 Disinfection System Redesign (performed) $ 7,500 Task 8 Construction Survey and Staling (performed) $ 6,555 Task 8 Construction Survey and Staling (additional) $ 4,000 Task 9 Concrete Mixer Foundation (performed) 2,500 Total Additional Budget $36,000 The billing rates and all other, terms of the existing contract will remain the same. The total contract amount will be increased from $54,500 to $90,500. If you have any questions, please call. ice President SDT /SE:cg J :\0060610055.01 \1-004se.doe(I00) • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 21 June 22,2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. 949 -644 -3311 msinacod@city.newport-beach.ca.us SUBJECT: BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION IMPROVEMENTS — CONTRACT NO. 3037 — STATUS REPORT AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. RECOMMENDATIONS: Receive and File Status Report. 2. Approve Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc. for Construction Support Services for an increased fee of $36,000. DISCUSSION: On February 10, 2004 the City approved a construction contract for the covering and disinfection improvements at the Big Canyon Reservoir along with several consultant support service contracts. The work officially began on March 15, 2004 and after three months the project proceeds ahead of schedule and within budget. The following is a summary of expenditures to date: Contractor /Consultant Function Contract Amount Contract Amount Remaining Banshee Construction Contractor $6,114,015(') $4,101,686 PBS &J Inspection 229,108 176,728 Hilts Consulting Group Cover Specialist 84,000 47,197 Tetra Tech Shop Drawing Review and Construction Observation 54,500 0 URS Geotechnical Support 24,480 8,533 ('� Includes the Council approved $450,000 contingency and potential bonus payment SUBJECT: Big Canyon Reservoir ling Cover — Contract No. 3037 — Status Report endment No. 1 to Professlodal Services Agreement vAtqWa Tech, Inc. June 22, 2004 Page 2 Banshee Construction continues at very aggressive pace and plans to be completed approximately 9 -weeks early, resulting in a $135,000 bonus. They have been working 10 hour shifts Monday thru Friday and 8 hours shifts on Saturdays as they begin to install the cover material. If all goes as planned, they should be completed before Thanksgiving. The following is a forecast of expected expenditures with Banshee Construction: Original bid amount: $5,664,015 Approved Change Orders (1.43 %) 1 81,037 Estimated Future Change Orders 100,000 Estimated Bonus Payment ($3000 per day) 135,000 Final Forecasted Contract Cost $5,980,052 Estimated Remaining Funds at Job Completion: $133,963 During the first three months of the project construction, the consultant support services are within budget with the exception of Tetra Tech. Additional services are requested for Tetra Tech which are detailed in the attached Amendment No 1. Of the requested $36,000 approximately $10,000 is for construction staking which was not included in their original construction support contract. In addition, the Utilities Department staff determined a more cost effective way to install the disinfection piping and controls resulting in overall construction savings and a better final product for long term operations. However, a $7,500 re- design cost was experienced by Tetra Tech for these disinfection system modifications. The requested $36,000 in funds for Amendment No. 1 will be paid from the contingency approved for the project. Environmental Review: A Negative Declaration in accordance with the California Environmental Quality Act (CEQA) was prepared and approved by the City Council on June 27, 1994. An environmental document in accordance with the National Environmental Policy Act (NEPA) was developed by EPA as part of the implementation of the grant program. The NEPA document and associated Finding of No Significant Impact (FONSI) was issued in December 2003. Prepared J. Sinacori, P.E. I Civil Engineer Attachments: Change Order Summary Amendment No. 1 Submitted by: . il i . 0 0 BIG CANYON RESERVOIR COVERING AND DISINFECTION IMPROVEMENTS Contract No. 3037 Change Order Summary 06/10/2004 Credit Description & Item No. I Deductions Additions I Change Order Description & Item No. 1. Reduction in curb width. 2. Reduction in disinfection piping 3. Cost savings straight batten bars 4. Delete AC paving bottom of reservoir 5. Delete AC repair 22,000 sq. ft. 0 6. Delete FRP structure Total Total Grand Change Order Total (6 /10104) (8,840.00) (6,210.00) $15,050.00 (3,615.36) $4,303.07 (23,400.00) $25,200.00 (50,000.00) $129,150.00 - 92,065.36 $173,703.07 1. Addition of red slurry behind curb 2. Upgrade lighting fixtures 3. Add 1.5" concrete paving 4. Add 715.5 yards slurry in bottom $81,037.71 Change Order No. 1 $2,900.00 5. Additional rebar splicing $6,000.00 6. Wrapping chafer strip around batten $1,457.48 7. Sandblast $1,556.41 8. Flex coupling $3,000.00 9. Additional road grading (19,474.00) $14,943.00 10. Disinfection changes (19,474.00) $29,856.89 Subtotal Credit & Change Order $10,382.89 Change Order No. No. 2 $91,420.60 • 0 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. FOR BIDDING AND CONSTRUCTION SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 22nd day of June, 2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and TETRA TECH, INC., whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. On February 10, 2004, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for bidding and construction phase services for the Big Canyon Reservoir Covering and Disinfection Improvements, hereinafter referred to as 'Project'. This Agreement is scheduled to expire on January 3151 of 2005. B. City desires to enter into this Amendment No. 1 to reflect additional services not included in the Agreement and to extend the term of the Agreement to June 30, 2005. C. City desires to compensate Consultant for additional professional services needed for Project. D. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Consultant shall be compensated for services performed pursuant to this Amendment No. 1 according to "Exhibit A" dated June 9, 2004, attached hereto. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 1 for all work performed in accordance with this Amendment, including all reimburseable items and subconsultant fees, shall not exceed Thirty -six thousand and 001100 Dollars ($36,000.00). 3. The term of the Agreement shall be extended to June 30, 2005. 0 0 • 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk Attachment: Exhibit A 9 CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach TETRA TECH, INC.: A f:\ users \pbvAsharedlagreements \fy 03-04 \tetra tech -bcr floating cover amend 1.doc 0 0 . TETRATECH,INC, Infrastructure Services Group June 9, 2004 Michael J. Sinacori, P.B. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 • Exhibit A 0 Reference: Big Canyon Reservoir Floating Cover and Disinfection Facilities Request for Additional Authorization — Construction Services Dear Mr. Sinacori: As we have been working on the construction services portion of the project, Tetra Tech, Inc. has provided additional services requested by the City that were beyond the original scope of work As a result, this has impacted our existing budget. These additional services have included construction staking, attending weekly meetings instead of the original scope of once per month, as well as redesign. The following is a discussion of the work performed to date by task: Task L Bidding Assistance — There were three (3) addenda prepared during the bidding phase. The original $6,000 budget for this task was exceeded by $1,865. As a result, we are requesting compensation for this effort. Task 2. Shop Draivings — We have reviewed about 70 shop drawings including resubmittals. We estimate that we are currently about two thirds completed with the shop drawings on the project and estimate that the $7,450 will be adequate to complete the remainder of the submittal review. Task 3. RFUChange Orders — We have reviewed approximately 25 RFCs on the project as well as response to telephone and email questions from the contractor. There is currently $1,468 remaining in the budget. This remaining budget does not appear to be adequate to address the remaining RFCs and questions on the project. We estimate that we will need an additional $5,445 for this task. Task 4. Site VisU& Meetings — The original budget included monthly site visits. I3owever, the City had requested that Tetra Tech attend the weekly project meetings. We have already expended our budget for this task. The City indicated that formal meetings will continue to be held every two weeks. As a result, we estimate that will require about 11 more meetings with an additional budget of $6,300 through the estimated project completion. 0 16241 Laguna Canyon Road, Suite 200, Irvine, CA 92618 Tel 949.727.7099 Fax 949.727.7097 www.tetratech.com TETRATECH, INC. Infrastructure Services Group Mr. Michael Sinacori June 9, 2004 Page 2 Task 5. Record Drawings — Some minor work has been done which will apply to the as -built conditions. The remaining budget should be adequate. Task 6. Reimbursables — There is currently about $400 remaining in this task for printing of final as- builts. Task 7. Disinfection System Redesign — On March 24, 2004, the City had requested some modifications to the design of the disinfection facilities and piping at the Big Canyon Reservoir. The following items summarize the requested changes. The requested budget for this task was $7,500. The work has been completed and provided to the City. • Relocate analyzers from the basement to the upper control room area. Revise layout in the upper level control room for two chlorine analyzers, two ammonia analyzers, and new control cabinet, existing motorized operator valves, telemetry, etc. • Relocate and revise sample piping and return lines on main inlet and outlet reservoir piping. • Add electrical junction box for two new sample pumps in the basement area (sample pumps provided by City). • Delete chlorine/analyzer fiberglass enclosure and block masonry wall on the slope. Relocate analyzers that were in the fiberglass shed to a post mounted 316 enclosure on the reservoir access road. Return sample line to go back into existing piping trough into reservoir. Analyzer waste to flow by gravity down the embankment (encased pipe) where it will tie into sewer. • Delete sump and sump pump in control room basement for analyzer waste that was previously going to sewer, Extend existing 4 -inch sewer around the west side of control building to pick up analyzer waste from upper level control_ room and from the drain line coming down the embankment. • Relocate the rotometer panel that was in the fiberglass shed to the disinfection pad (locate panel in the future chlorine dioxide area). From the rotometer panel, revise the single chlorine solution line with four separate chlorine lines up the reservoir embankment (encased in slurry) and then down the trough to each of the mixers. Provide check valves on each line at the top of reservoir and down near the rotometer panel. Task 8. Construction Survey and Staking — The City requested that construction survey and staking be performed on items for the reservoir access road, mixers, control panels, etc. Since this was not a task in the original scope of work, we did not have any budget for this task. Consequently the funds came out of our existing contract budget. We. are therefore requesting $6,555 for this task as previously billed to the City. Additionally, the construction inspector estimates that an additional one and one -half days of survey/staking will be needed on the project. As a result, we estimate that $4,000 will be needed for that task. Task 9. Concrete Mixer Foundation — This task was beyond the scope of work. The Contractor and City had requested that Tetra Tech provide design sketches for the concrete and steel for the mixer foundation pads. This task was approximately 16 hours at a cost of $2,500, which has already been performed and billed to the City. TETRATECH, INC. Infrastructure Services Group Mr. Michael Sinacori June 9, 2004 Page 3 The original scope of work tasks and budget as well as the remaining budget and proposed new budget totals are as follows: Task Description 1. Bidding Assistance 2. Shop Drawings 3. RFCs /Change Orders 4. Site Visits/Meetings (Monthly) 5. Record Drawings 6. Reimbursables 7. (new) Disinfection System Redesign 8. (new) Construction Survey and Staking 9. (new) Concrete Mixer Foundation $ 1,468 Total Original Expended Remaining Total Budget Budget Budget Budget S 6,000 $ 7,865 41,865 3 7,865 $26,000 $18,550 $ 7,450 $26,000 S 9,000 $ 7,532 $ 1,468 $14,445 S 8,000 $ 9,835 -$ 1,835 $16,135 S 4,500 S 623 $ 3,877 $ 4,500 S 1,000 $ 600 $ 400 $ 1,000 $ 0 S 7,500 -$7,500 $ 7,500 $ 0 $ 6,555 46,555 $10,555 $ 0 $ 2.500 -$ 2.500 S 2.500 $'54,500 $61,560 $- 7,060 $90,500 As a result, we are requesting the following additional budget authorization necessary to complete the construction services for the project: Task 1 Bidding Assistance (beyond original budget) $ 1,865 Task 3 Additional Budget for RFCs /questions $ 5,445 Task 4 Site Visits/Meetings (beyond original budget) $ 1,835 Task 4 Additional Budget for Remaining Biweekly Meetings $ 6,300 Task 7 Disinfection System Redesign (performed) $ 7,500 Task 8 Construction Survey and Staling (performed) $ 6,555 Task 8 Construction Survey and Staling (additional) $ 4,000 Task 9 Concrete Mixer Foundation (performed) 2,500 Total Additional Bridget $36,000 The billing rates and all other terms of the existing contract will remain the same. The total contract amount will be. increased from $54,500 to $90,500. If you have any questions, please call. 'Stele Tedesco, P.E. Divisional Senior Vice President SDT /SE:cg J:\00606w055.01v- 0045Gaoc(I oo) 0 C� CAL P.RNIA PRELIMINARY NUICE 9895583 IN ACCORDA E WITH SECTION 3097 AND 3098, CALIFOR A CIVIL CODE THIS IS Q ALIEN, THIS IS NOT A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR-OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT ... ��... Rodbusters & Wheeler, Inc. (name of person or firm furnishing labor, services, equipment or CONSTRUCTION LENDER or material) 2509 S. Main, Unit G Reputed Construction Lender, if any Santa Ana, CA 92707 (address of person or fine furnishing labor, services, _,Q'littlo-r eey ---- OWNER or PU LC}ik6Erdlyf" or Reputed Owner (on au ° Q : -- (on private work) <Y jctim MWe Q Cgpies.S'eitTtx , City Of Newport Beach Q P.O. Box 1768 ❑ touncit Member I _ _ ❑Manager N _,Q'littlo-r eey ---- OWNER or PU LC}ik6Erdlyf" or Reputed Owner (on au ° Q : -- (on private work) SUBCONTRACTOR with whom claimant has contracted Rodbusters & Wheeler, Inc. 2509 S. Main, Unfit G Santa Ana, CA 9a7O7 equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: Concrete Rebar Furnished & (general description of the labor, services, equipment or Installed material furnished or to be furnished) for the building, structure or other work of improvement locatedat: Big Canyon.Reawrvoir (address or description of job site Floating Cover & Disinfection sufficient for identification) Facilities - Newport Beach The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Banshee Construction Company, Inc Colton, CA An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: $ 75.000.00 Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) C.F.I. Trust Fund (name) (address), Dept. 7273 (name) (address) . Los Angeles, CA 90088 -7273 (name) . (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, (2) requiring your contractor to furnish a receipt to establish that you paid the contractor in full and recording no later than 30 days from receipt of this Preliminary Notice an affidavit that you paid the contractor in full, or (3) any other method or device that is appropriate or the clrcWa antes. / D ted: to qh , 2004 Contract Telephone Number (_7L4 ) 540 -0046 This form (No. 5940 Revised 11V2000) Or Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251 -1100 Q City Of Newport Beach P.O. Box 1768 W Newport Beach, CA 92658 -8915 N E R ORIGINAL CONTRACTOR or Reputed Contractor, if any SUBCONTRACTOR with whom claimant has contracted Rodbusters & Wheeler, Inc. 2509 S. Main, Unfit G Santa Ana, CA 9a7O7 equipment or material) has furnished or will furnish labor, services, equipment or materials of the following general description: Concrete Rebar Furnished & (general description of the labor, services, equipment or Installed material furnished or to be furnished) for the building, structure or other work of improvement locatedat: Big Canyon.Reawrvoir (address or description of job site Floating Cover & Disinfection sufficient for identification) Facilities - Newport Beach The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Banshee Construction Company, Inc Colton, CA An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: $ 75.000.00 Trust Funds to which Supplemental Fringe Benefits are Payable. (Material men not required to furnish) C.F.I. Trust Fund (name) (address), Dept. 7273 (name) (address) . Los Angeles, CA 90088 -7273 (name) . (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanics' lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, (2) requiring your contractor to furnish a receipt to establish that you paid the contractor in full and recording no later than 30 days from receipt of this Preliminary Notice an affidavit that you paid the contractor in full, or (3) any other method or device that is appropriate or the clrcWa antes. / D ted: to qh , 2004 Contract Telephone Number (_7L4 ) 540 -0046 This form (No. 5940 Revised 11V2000) Or Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251 -1100 PROFESSIONAL SERVICES AGREEMENT KITH TETRA TECH, INC. FOR BIDDING AND CONSTRUCTION SERVICES THIS AGREEMENT is made and entered into as of this 10fk day of t , 200, by and between the CITY OF NEWPORT BEACH, a Municipal Corpo tion ( "City"), and TETRA TECH, INC. a Corporation whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (the "Project "). C. City desires to engage Consultant for Bidding and Construction Phase Services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Tedesco, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: ilk 11 4:4i'i' The term of this Agreement shall commence on the day of IW6 2004, and shall terminate on the 31"t day of January 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The Y City may elect to delete discretion. 3. TIME OF PERFORMANCE 46 certain tasks of the Scope of Services at its sole Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Fifty Four Thousand Five Hundred Dollars and no /100 ($54,500.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or .specifically approved in 'r: G 411 advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Tedesco to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. i 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. In 0 9. HOLD HARMLESS •) To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION 5 Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project - direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of ,'.9 • i the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and , property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess 7 • • insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the..prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written a • consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. E a 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 a 0 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Tedesco, P.E. Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92618 Phone: 949 - 727 -7099 Fax: 949 - 727 -7097 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 0 i termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. - COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party 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 a different character. 30. 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 herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of port Be h TETRA TECH C.: By: eve Tedesco Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates M: ers\pbMsharedtagreements%fy 03- 04ltetra tech -bor Boating cover.doc 13 s 0 TETRATECH, INC. Infrastructure Services Group October 7, 2003 Mr. Michael J. Sinacori, P.E. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 0 OCT T 9 70€ 3 CiTY'OF \ "E'v7PC,;�7. Reference: Big Canyon Reservoir Floating Cover and Disinfection Facilities Proposal for Bidding and Construction Phase Services Dear Mr. Sinacori: Tetra Tech, Inc. is pleased to submit this proposal to provide bidding and construction phase services for the Big Canyon Reservoir Floating Cover and Disinfection Facilities Project. Bidding Phase Services Following our submittal of signed plans and specifications to the City, bidding services to be provided to the City shall include: 1. Coordination and response to questions from contractors and. equipment suppliers. 2. Attend the prebid conference and job walk. 3. Preparation of any addenda. 4. Review of bid results. It is anticipated that the bidding phase will be approximately 45 days, with a bid opening scheduled for November 2003. Construction Phase Services The construction phase services will consist of the following tasks: 1. Shop Drawings will be reviewed for items including the floating cover, disinfection facilities, mechanical equipment, piping, site work, glectrical, instrumentation and structural. 2. Requests for Clarification (RFC) will be addressed from the contractor. The proposal assumes an average 40 RFCs from the contractor will be addressed. 3. Site Visits/Meetings — Up to 12 site visits/project meetings will be attended by Tetra Tech staff to meet with the City and contractor. 4. Review of contractor change orders. We have assumed assistance with 4 to 5 change orders. 5. Record Drawings — Upon completion of construction, the contractor's red line plans will be used to prepare record drawings. Both mylars and electronic files will be updated accordingly and provided to the City. 6. Reimbursable expenses include mileage, printing, mylars, etc. 16241 Laguna Canyon Road, Suite 200, Irvine, CA 92618 Tel 949.727.7099 Fax 949.727.7097 www.tetmtech.com EXHIBIT A • • TETRATECH, INC. Infrastructure Services Group Mr. Michael J. Sinacori, P.E. October 7, 2003 Page 2 The construction phase schedule is estimated to start in December 2003 and be completed in October 2004. The total construction time is 200 working days. The Scope of Services and Fee Schedule are presented in the attachments. The total requested fee for bidding and construction phase services is $54,500. We look forward to continuing this project through completion. Sincerely, Steve Tedesco, P.E. Vice Pre sident SDT /SE:cg JA0606A0055V- 007se.doc(100) Attachments TETRATECH, INC. CITY OF NEWPORT BEACH Big Canyon Reservoir Floating Cover and Disinfection Facilities SCOPE OF SERVICES The following additional services are provided for the bidding and construction phase of the project: Bidding Assistance Shop Drawings RFCs/Change Orders Site Visits/Meetings (12) Record Drawings Reimbursibles $ 6,000.00 $ 26,000.00 $ 9,000.00 $ 8,000.00 $ 4,500.00 $ 1.000.00 Total $ 54,500.00 Our billing rates are presented in the attached rate schedule per Exhibit "A ". 7:\0606\0055V- 007w.doc(100) i • TETRATECH, INC. EXHIBIT "A" 2004 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern /Technician ................... $ 48.00 Designer /CAD Operator/Engineer I........... $ 89.00 Engineer II and III/Senior Designer .......... $ 100.00 Biologist...................... ............................... $ 99.00 Pl anner........................ ............................... $ 99.00 Senior Engineer/Landscape Architect........ $ 115.00 Project Engineer/Project Coordinator........ $ 135.00 Senior Planner ............. ............................... $ 140.00 Senior Scientist ........... ............................... $ 140.00 Project Manager /Sr. Project Coordinator... $ 150.00 Senior Project Manager .............................. $ 165.00 Program Director/Project Director ............. $ 200.00 Administrative Administrative Cl erk ... .:............................. $ 42.00 Word Processor /Admin.Support ...............$ 58.00 Graphic Designer ........ ............................... $ 94.00 Survey/Maiming Survey Technician I .... ............................... $ 90.00 Survey Technician II/Field Supervisor...... $ 100.00 Senior Surveyor .......... ............................... $ 115.00 Project Surveyor ......... ............................... $ 135.00 Two- Person Survey Party .......................... $ 185.00 Two- Person Survey Party with GPS.......... $ 225.00 Three- Person Survey Party ........................ $ 268.00 Survey Travel Time (Two - person) ............ $ 90.00 Survey Travel Time (Three- person) ........... $ 127.00 Construction Management Construction Observer ............................... $ 78.00 Senior Construction Observer .................... $ 85.00 Resident Engineer ....... ............................... $ 120.00 Construction Manager . ............................... $ 150.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. Reimbursable In -House Costs Photo Copies (B &W 8.5 "xl1'� ...... $ 0.10/Each Photo Copies (B &W 11 "x17 ")....... $ 0.35/Each Color Copies (up to 8.5 "x 11 ") ........ $ 1.50/Each Color Copies (to I I "x 17") ..............$ 2.50/Each Compact Disks . ............................... $10.00/Each Large Format Copies ..................... $ 0.30 /S.F. Computer Time ............................. $10.00/Hour Mileage ............ ............................... $ 0.40/Mile NOTE: All rates are effective to October 1, 2004. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2004. JA0606\0055V -007mdoc(100) EXHIBIT B RightFax 2/25/2004 4;31 PAGE 2/8 RightFax i ACORD. CERTIFICATE OF LIABILITY INSURANCEPage 1 of 3 02/25/2004 PRODUCER 877- 945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE willies North America, Inc. - Regional cent Center 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICYNUMBER P. D. Ber 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED Tetra Tech, Inc. (ISG) INSURERA: Hartford Casualty Insurance Cmpany 29424 -001 17770 Cartwright Rd. Ste. 550NSURERS: Irvine, CA 92614 -5850 Hartford Fire Insurance Company 19662 -001 INSURERC: ACE American Tnaurance Copony 22667 -all EACHOCCURRENCE INSURER D: American International Specialty Lines In 26883 -000 FIRE DAMAGE(My -e fire ) INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW FHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR JaIL TYPEOFBNSURANCE POLICYNUMBER POLICY EFFECTIVE ! PODCY EXPIRATION T MIDD/ LIMITS A GENERALUABILITY 72UU14UM0822 10/1/2003 10/1/2004 EACHOCCURRENCE $ 1,000,000 FIRE DAMAGE(My -e fire ) S 300,000 X COMMERCIALGENERALUABILII-V IXAIMSMADE OOCCUR MEDEXP(Anyme . $ 10,000 PERSONAL a ACV INJURY $ 1,000.000 Contract Liab. X X,C,o Coverage GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- couP.oPAGG $ 2,000,000 POLICY X '- Loc JEQT B AUTOMOBILELIABILITY X ANYAUTO 72 LIEN UMS44 10/1/2003 10/1/2004 COMBINED SINGLE LIMIT (ESacd"np $ 11000,000 • BODILY INJURY (Perpe n( $ ALLOWNEDAUTOS SCHEDULEDAUTOS • BODILY INJURY (Pwacclo q $ HIREDAUTOS NONOWNED AUTOS X PROPERTYDAMAGE (Peraa:lo:nq $ CARAGELIABIUTY AUTOONLY - EAACCIDENT $ OTHERTHAN EAACC E ANYAUTO E AUTOONLV: AGG EXCESS UAB11= EACHOCCURRENCE $ OCCUR F-1 CLARMSMADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATIONAND EMPLOYERS' LIABIUTY WLR C4397131-2 1/1/2004 10/1/2004 yyyy�� X TORYLAW,MS EH ELEACHACCIDENT $ 1.1000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 EL DISEASE - POLICY LIMIT $ 21000,000 D OTHERPro fes /Pollution 1952583 10/l/2003 10/1/2004 Sea Below For Limits E60 Legal Ll.b. DESCRIPTION OF OPERATIONS ILOCATIONSNENICLE)tCLUSIONS ADDED BY ENDORSEMENTISPEGAL PROW SIGNS LIMITS: $1,000,000 Ea. Occ /$1,000,000 Agg. and $250,000.Retention Ea. Cl. CLAIMS MADE FORM: Maximum for all claims during the policy year. Re: Bidding and Construction Services for Big Canyon Reservoir Floating Cover and Disinfection System. The City of Newport Beach, its officers, officials, employees and volunteers are added as Iacwltional insured es meta auto covers e evidenced on this certificate. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE WUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN TO THE NO OB, City of Newport Beach, Public Works Department Attn: Shaun Oyler, Public Works Specialist 3300 Newport Boulevard Newport Beach, CA 92658 Coll:929859 Tpl:240377 Cert:4098339 NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 0 AOORD CORPORATION 1988 RightFax 2/25/2004 4:31 PAGE 3/8 RightFax • W1111S CERTIFICATE OF LIABILITY INSURANCE page 2 of 3 02/ 5/2004 PRODUCER 877 -945 -7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North America, Inc. - Regional Cert Center 26 Century Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE INSURED Tetra Tech, Inc. (ISG) INSURERA: Hartford Casualty Insurance company 29424 -001 17770 Cartwright Rd. Ste. 550 Irvine, CA 92614 -5850 INSURER e: Hartford Fire Insurance Co 19662 -001 INSURERC:ACE American Insurance Company 22667 -011 INSUR15RD: American International Specialty Lines In 26883 -000 INSURER E: Rights of subrogation are waived with respect to workers Compensation, Employers Liability, Genera Liability, Auto Liability and Excess (Umbrella) liability against City of Newport Beach, CA, it's officers, agents, employees and volunteers for losses arising from work performed by the Tetra Tech, Inc for the City of Newport Beach. Coverage shall be primary. Any coverage provided by Cit, of Newport Beach policies shall be considered Excess insurance only and not - contribute with the insurance evidenced on this,certificate. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respects the limits of liability of the insuring company. Any failure to comply with reporting provisions shal not effect coverage provided to the City of Newport Beach, its elected or appointed officers, officials, employees, agents of volunteers. Excess /Umbrella Liability underlying policies include Employers Liability, General Liability and Auto Liability 9859 To1:240877 Cert: RightFax 2/25/2004 4:31 PAGE 4/8 RightFax RightFax 2/25/2004 4:31 • PAGE 5/8 RightFax • Policy Number: 72UUNUM0822 Insured: Tetra Tech, Inc. (ISG) CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — Owners, Lessees or Contractors (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Persons or Organization: City of Newport Beach, Public Works Department, its officers, officials, employees and volunteers. Attn: Shauna Oyler, Public Works Specialist 3300 Newport Boulevard Newport Beach, CA 92658 Re: Bidding and Construction Services for Big Canyon Reservoir Floating Cover and Disinfection System. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is further agreed that the insurance provided by this endorsement is primary. Other insurance afforded to the additional insured shall apply as excess of, and does not contribute, with the insurance provided by this endorsement. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Ri.ghtFax 2/25/2004 4:31 POLICY NUMBER: 72UUNUM0822 INSURED: Tetra Tech, Inc. (ISG) PAGE 6/8 RightFax • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE City of Newport Beach, Public Works Department, its officers, officials, employees, and volunteers. DRe: Bidding and Construction Services for Big Canyon Reservoir Floating Cover and Disinfection System. D Name of Persons or Organization: City of Newport Beach, Public Works Department (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 RightFax 2/25/2004 4:31 0 PAGE 7/8 RightFax 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement effective 12:01 AM 1/1/2004 Issued to Tetra Tech, Inc. (ISG) By ACE American Insurance Company Premium Included forms a part of Policy No. WLR C4397131 -1 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule The City of Newport Beach, its officers, officials, employees and volunteers ❑Re: Bidding and Construction Services for Big Canyon Reservoir Floating Cover and Disinfection System. ❑ WC 00 03 13 Copyright 1988 National Council on Compensation Insurance (Ed. 4/84) RightFax 2/25/2004 4:31 PAGE 8/8 RightFax POLICY NUMBER: 72 UEN UM0844 Tetra Tech, Inc. Auto Liability THE HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IT IS HEREBY UNDERSTOOD AND AGREED THAT: The City of Newport Beach, its officers, officials, employees and volunteers IS ADDED AS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. This coverage is primary to any coverage held by the additional insured. This endorsement does not change the policy except as shown. Form IH 12 00 11 85 Printed in U.S.A. Feb 26 04 10:16a/'p Brown & Brown 714- 923 -1872 p.1 Fax #: 1 b i r) CERTIFICATE OF INSURANCE GY M nD iA_� CHECKLIST OA- D City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. ` _ Date Received: - % �-D�( Dept./Contact Received From: Jhpr,'a0� C7 V. It.— Date Completed: 2 - I -t7� Sent to: 5 r�1ks' -L'c- By: /rj-p ✓j f c �J�i{Ej� Company /Person required to have certificate: __ J f 'Y_G 7 t C "i I. GENERAL LIABILITY. A. INSURANCE COMPANY: S. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? urYes [I No D. LIMITS (Must be $1 M or greater): What is limit provided? "7' rv,`l I E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ❑ Yes kyNo F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its 2TIpm, officials, employees and volunteers): Is included? -a rv% SS` Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be includ4 r �d Is it included? Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes kNo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY q -'1-r A. INSURANCE COMPANY: i4r-e w n P. y-e- B. AM BEST RATING (A: VII or greater): -f }( C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? PrYes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? yy1�l E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): tnl� Is it included? t ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. U1. WORKERS' COMPENSATION A. INSURANCE COMPANY: Al-C e- 4�aV ct_' B. AM BEST RATING (A: VII or greater): AX1I C. LIMITS: Statutory c_� D. WAIVER OF SUBROGATION (To include): Is it included? 3� rt �oQtt�� RYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? - ❑ Yes %No CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT OF 10 Agenda Item No. 7 February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori 949 - 6443311 msinacod@city.newport- beach.ca.us SUBJECT: BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION SYSTEM - AWARD OF CONTRACT NO. 3037 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3037 to Banshee Construction Company of Colton, California for the Total Bid Price of $5,664,015.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $450,000.00 to cover the cost of unforeseen work and estimated bonus for early completion. 4. Approve a Professional Services Agreement with Tetra Tech, Inc., for Construction Support Services for a fee of $54,500.00. 5. Approve a Professional Services Agreement with PBS &J for Construction Inspection Services for a fee of $229,108.00. 6. Approve a Professional Services Agreement with Hilts Consulting Group, Inc., for Floating Cover Advisor Services for a fee of $84,000.00. 7. Approve a Professional Services Agreement with URS Corporation for Geotechnical Services for a fee of $24,480.00. 8. Approve a Budget Amendment in the amount of $1,962,587.00 from Un- appropriated Water Enterprise Fund Reserves and $17,300.00 from Grant Fund Contributions to Account No. 7503- C5500690 and increase revenue estimates in to Account No. 500 -4841, EPA Grant. Subject: Big Canyon Res it Floating Cover And Disinfection System -Award of Contract No. 3037 February 10, 2004 Page: 2 DISCUSSION At 2:00 P.M. on January 27, 2004 the City Clerk opened and read the following bids for this project: BIDDER Low Banshee Construction Company 2 Pacific Hydrotech Corporation 3 Griffith Company 4 Pascal & Ludwig Constructors TOTAL BID AMOUNT $5,664,015.00 5,783,518.00 5,950,000.00 6,018,000.00 * Corrected Bid Amount is $5,995,000.00 The low total bid amount is 2 percent above the Engineer's Estimate of $5,540,000.00. The low bidder, Banshee Construction Company, possesses a California General State Contractors License Class "A" as required by the project specifications. In addition, their sub - contractors assigned to complete the covering portion of the contract (roughly 2 million dollars of the project) also have the required experience to complete the project. A check of the Contractors references indicates they have satisfactorily completed road and bridge projects for other municipalities and have done significant work with Caltrans. They have limited experience in this particular type of water resource work, but have assembled a team of well respected sub - contractors in this field to expand their business in the industry. In their most recent water project very favorable comments were received from the agency. BACKGROUND The Big Canyon Reservoir (BCR) is a 600 acre -foot (200 million - gallon) potable water storage reservoir located in Corona del Mar. The full capacity of the reservoir provides the City with 10 days of average water demand storage. If an emergency takes place within the City, those 10 days could be extended by implementing water conservation measures. During the 1950's, the City's wells in Huntington Beach began to experience saltwater intrusion. As a result, the BCR facility was constructed in the 1960's as a main delivery point for the imported Metropolitan Water District supply and the City's wells were subsequently abandoned when the BCR was put into service. An open water reservoir was an acceptable facility in the 1960's; however, as water quality standards have become more stringent over the years, the Department of Health Services (DOHS) mandated the City cover its reservoir or abandon the facility. This mandate has been in effect since 1994. At that time, the City was designing and constructing the Groundwater Development Project and funding was already committed to this effort. The City planned to comply with the mandate and cover the reservoir by setting aside reserves to complete the multi - million dollar project. After four years of applications to EPA, staff was successful last year in securing $867,300.00 in federal funding assistance. 0 0 Subject: Big Canyon Reservoir Floating Cover And Disinfection System - Award of Contract No. 3037 February 10, 2004 Page: 3 Per the contract specifications the Contractor will have 200 consecutive working days to complete the work. The specifications also included a Council directed bonusipenalty clause to provide an incentive to complete the project early ($3,000.00 per day). Council received a detailed presentation of the work to be completed at their September 23, 2003 Study Session. CONSULTANT SUPPORT SERVICES For a project of this magnitude, outside construction support services will be required. In addition, with the Council directed bonus /penalty clause included in the contract documents, the construction activities will require more than full -time attention.to this project to address the extensive requests for inspection from the contractor. Four main firms will be involved in assisting the City to complete this project: Tetra Tech, Inc. is the project design firm providing construction support for shop drawing review, responding to request for clarification and record drawings; PBS &J will provide project inspection and administration; Hilts Consulting Group will provide oversight for the cover installation beginning with material manufacturing and fabrication oversight along with part-time installation observation and advising, and URS will provide the necessary geotechnical services. Tetra Tech, formerly ASL Consulting Engineers, was hired in 1995 to design the floating cover. In June 2002, the City Council approved an amendment to Tetra Tech's contract to include the new disinfection facility which became integral to the cover design. Tetra Tech's expertise will be required to review the multitude of shop drawings, requests for clarification (RFC's), and requests for information (RFI's). On a project of this magnitude we could be looking at a few hundred documents that require detailed review and City approval. Tetra Tech will work in concert with our Utilities Department staff to ensure the best quality products and components are being provided for this project. They will also prepare the Record "As Built" drawings at the completion of the project. The team of PBS &J and Hilts Consulting was used on the 2001 replacement of the El Toro Water District's (ETWD) floating cover. The ETWD staff highly recommends these experts who inspected their cover of roughly the identical size as the Big Canyon Reservoir. The same inspection staff from PBS &J is available for this project, which will be a full -time inspection assignment along with administrative support. By using this same team, the City can draw on the ETWD experience and the lessons learned on that project. Doug Hilts has worked on several floating cover projects over his 20 -year career. Mr. Hilts is considered the industry expert on floating covers who spent the first 10 years of his career working for the Metropolitan Water District managing 3 major floating cover projects. Mr. Hilts will oversee the manufacturing and fabrication of the cover material. He will also be on site during the installation to insure proper construction. URS performed the recent seismic evaluation of the Big Canyon Reservoir Dam and assessed the bottom conditions for Tetra Tech during the cover design process. Their construction support services will include oversight for the reservoir asphalt bottom Subject Big Canyon Reservoir Floating Cover And Disinfection System -Award of Contract No. 3037 ' February 10, 2004 Page: 4 repairs and installation and overall testing services related to the structural elements of the disinfection facility and new access roads. Staff believes the consulting team of Tetra Tech, PBS &J, Hilts Consulting, and URS will be key for the successful and timely completion of this critical project. Professional Services Agreements for the four firms are attached for Council consideration. Environmental Review: A Negative Declaration in accordance with the California Environmental Quality Act (CEQA) has been prepared and approved by the City Council on June 27, 1994. An environmental document in accordance with the National Environmental Policy Act (NEPA) was developed by EPA as part of the implementation of the grant program. The NEPA document and associated Finding of No Significant Impact (FONSI) was issued in December 2003. Fundino Availabili A Budget Amendment is required to complete this project. The FY 2003/04 CIP for the covering project identified a contribution of $850,000.00 in federal funding. The final approved EPA Grant Award is $867,000.00. An additional $1,962,587.00 needs to be appropriated from the Un- Appropriated Water Enterprise Fund reserves. The City has anticipated this expenditure and has set aside funds over the last several years to . accomplish this project. Upon approval of the recommended Budget Amendments, sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount Big Canyon Reservoir Covering (Water Fund) 7503- C5500690 $5,818,018.00 Big Canyon Disinfection Improvements (Water Fund) 7503- C5500689 $688,085.00 TOTAL $6,506,103.00 Prepared by: t Submitted bye/ J. Sinacori, P.E. �S46 n G. Badum I Engineer PutIfic Works Director Attachments: Bid Summary Professional Services Agreement with Tetra Tech, Inc. Professional Services Agreement with PBS &J Professional Services Agreement with Hilts Consulting Group Professional Services Agreement with URS, Inc. 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FOR BIDDING AND CONSTRUCTION SERVICES THIS AGREEMENT is made and entered into as of this _ day of , 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and TETRA TECH, INC. a Corporation whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (the "Project "). C. City desires to engage Consultant for Bidding and Construction Phase Services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Tedesco, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of 2004, and shall terminate on the 31s` day of January 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 0 0 City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Fifty Four Thousand Five Hundred Dollars and no /100 ($54,500.00) without additional authorization from City. No billing rate changes shall be made during the tens of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 2 4.2 City shall reimburse Consultant only for those costs or expenses Asspecifically approved in this Agreement, or specifically approved in 2 Ll 0 advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the is services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Tedesco to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel services under this Agreement without the prior written consent of City. City s approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously fumish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 0 3 0 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new . facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate . with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. fl 0 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and 1101 hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION 5 E Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the • work to be performed. City agrees to cooperate with the Consultant. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that havwbeen scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. • A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of N. the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with . the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers. the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: I. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess 7 insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the • Consultant under this Agreement will be permitted only with the express written M consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. LJ 0 21. RECORDS • Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Tedesco, P.E. Tetra Tech, Inc. 16241 Laguna Canyon Road, Suite 200 Irvine, CA 92618 Phone: 949 - 727 -7099 Fax: 949 - 727 -7097 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 is termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party 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 a different character. 30. 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 herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govem. 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach TETRA TECH, INC.: 0 Steve Tedesco Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: luserslpbwlsharedlagreementslfy 03- 041tetra tech -bcr floating cover.doc 13 9 11 0 u E TETRATECH, INC. Infrastructure Services Group October 7, 2003 Mr. Michael J. Sinacori, P.E. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 OU Y 7gy3 Reference: Big Canyon Reservoir Floating Cover and Disinfection Facilities Proposal for Bidding and Construction Phase Services Dear Mr. Sinacori: Tetra Tech, Inc. is pleased to submit this proposal to provide bidding and construction phase services for the Big Canyon Reservoir Floating Cover and Disinfection Facilities Project. Bidding Phase Services Following our submittal of signed plans and specifications to the City, bidding services to be provided to the City shall include: 1. Coordination and response to questions from contractors and.equipment suppliers. 2. Attend the prebid conference and job walk- 3. Preparation of any addenda. 4. Review of bid results. It is anticipated that the bidding phase will be approximately 45 days, with a bid opening scheduled for November 2003. Construction Phase Services The construction phase services will consist of the following tasks: 1. Shop Drawings will be reviewed for items including the floating cover, disinfection facilities, mechanical equipment, piping, site work, electrical, instrumentation and structural. 2. Requests for Clarification (RFC) will be addressed from the contractor. The proposal assumes an average 40 RFCs from the contractor will be addressed. 3. Site Visits/Meetings - Up to 12 site visits/project meetings will be attended by Tetra Tech staff to meet with the City and contractor. 4. Review of contractor change orders. We have assumed assistance with 4 to 5 change orders. 5. Record Drawings - Upon completion of construction, the contractor's red line plans will be used to prepare record drawings. Both mylars and electronic files will be updated accordingly and provided to the City. 6. Reimbursable expenses include mileage, printing, mylars, etc. 16241 Laguna Canyon Road, Suite 200, Irvine, CA 92618 Tel 949.727.7099 Fax 949.727.7097 www.tetMtech.com EXHIBIT A TETRATECH, INC. Infrastructure Services Group Mr. Michael J. Sinacori, P.E. October 7, 2003 Page 2 The construction phase schedule is estimated to start in December 2003 and be completed in October 2004. The total construction time is 200 working days. The Scope of Services and Fee Schedule are presented in the attachments. The total requested fee for bidding and construction phase services is $54,500. We look forward to continuing this project through completion. Sincerely, Steve Tedesco, P.E. Vice President SDT /SE:cg JA0606\0055V- 007se.doc(100) Attachments 0 0 TETRA TECH, INC. CITY OF NEWPORT BEACH Big Canyon Reservoir Floating Cover and Disinfection Facilities SCOPE OF SERVICES The following additional services are provided for the bidding and construction phase of the project: Bidding Assistance Shop Drawings RFCs/Change Orders Site Visits/Meetings (12) Record Drawings Reimbursibles $ 6,000.00 $ 26,000.00 $ 9,000.00 $ 8,000.00 $ 4,500.00 $ 1.000.00 Total $ 54,500.00 Our billing rates are presented in the attached rate schedule per Exhibit "A ". JA0606\0055U- 007se.do (3 00) 0 0 TETRATECH, INC. EXHIBIT "A" 2004 . HOURLY CHARGE RATE AND EXPENSE REII IMURSEMENT SCHEDULE Professional Engineering Intern/Technician ................... $ 48.00 Designer /CAD Operator/Engineer I........... $ 89.00 Engineer H and IHfSenior Designer .......... $ 100.00 Biologist ...................... ............................... $ 99.00 Pl anner......................... ..............................$ 99.00 Senior Engineer/Landscape Architect........ $ 115.00 Project Engineer/Project Coordinator........ $ 135.00 Senior Pl anner ............. ............................... $ 140.00 Senior Scientist ........... ............................... $ 140.00 Project Manager /Sr. Project Coordinator... $ 150.00 Senior Project Manager .............................. $ 165.00 Program Director/Project Director ...........:. $ 200.00 Administrative Administrative Clerk ... .:............................. $ 42.00 Word Processor /Admin. Support ............... $ 58.00 Graphic Designer ........ ............................... $ 94.00 Survev/Maonine Survey Technician I .... ............................... $ 90:00 Survey Technician Wield Supervisor...... $ 100.00 Senior Surveyor .......... ............................... $ 115.00 Project Surveyor ......... ............................... $ 135.00 Two-Person Survey Party .......................... $ 185.00 Two - Person Survey Party with GPS.......... $ 225.00 Three- Person Survey Parry ........................ $ 268.00 Survey Travel Time (Two - person) ............ $ 90.00 Survey Travel Time (Three- person) ........... $ 127.00 Construction Management Construction Observer ............................... $ 78.00 Senior Construction Observer .................... $ 85.00 Resident Engineer ....... ............................... $ 120.00 Construction Manager . ............................... $ 150.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. Reimbursable In -House Costs Photo Copies (B &W 8.5 "xl F ...... $ 0.10/Each Photo Copies (B &W 11 "x1T')....... $ 0.35/Each Color Copies (up to 8.5 "x11 ") ........ $ 1.50/Each Color Copies (to 11 "x17") .............. $ 2.50/Each Compact Disks . ............................... $10.00/Each Large Format Copies ..................... $ 0.301S.F. Computer Time ............................. $10.00/Hour Mileage ............ ............................... $ 0.40/Mile NOTE: All rates are effective to October 1, 2004. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2004. EXHIBIT B 7:\060610055)1- 007mdoc(100) • 0 0 PROFESSIONAL SERVICES AGREEMENT WITH PBS&J FOR • CONSTRUCTION INSPECTION SERVICES THIS AGREEMENT is made and entered into as of this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and PBS&J a corporation whose address is 175 Calle Magdelena, Encinitas, California, 92024 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (he "Project "). C. City desires to engage Consultant to provide construction inspection and administrative support services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of Consultant for purposes of Agreement shall be Gasper A. Chifici, Vice President, and Charles "Skip" Griffin, Jr., Senior Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the day of 2004, and shall terminate on the 31st day of January, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of • Services attached hereto as Exhibit A and incorporated herein by reference. The 3. 4. 0 0 City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Two Hundred Twenty Nine Thousand One Hundred Eight Dollars and no /100 ($229,108.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in 2 E 0 9 0 advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Klimuszko to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel for services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove personnel assigned to the performance of services under this Agreement upon written request of City. Consultant warrants that it will continuously fumish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. The Consultant is performing inspection and construction management services for City. The Project Manager and any other assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City staff. Consultant's Nextel Direct Connect I.D. number will be provided to City to be programmed into City Nextel units, and vice versa. 3 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by Il 0 0 reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City s project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a .Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on under this Agreement (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 5 10. 11. 12. 13. 14. 0 INDEPENDENT CONTRACTOR 0 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. U 0 0 B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers 7 0 0 the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). . E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents'and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. A. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. �J • • 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transferor other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS . Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon, prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. E 19. 20. 21 22. 23. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction • of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. cl 01 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Gasper A. Chifici PBS &J 175 Calle Magdalena Encinitas, CA 92024 Phone: 760 - 753 -1120 Fax: 760 - 753 -0730 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this • Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are 11 reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt . of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party 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 a different character. 29. 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 herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govem. 0 12 0 E 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 33. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Tod W. Ridgeway, Mayor for the City of Newport Beach PBS&J: By: Gasper A. Chifici, Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:l userslpbv,Ashared%agreements\fy 03 -04bbs &1-ber floating cover.doc 13 Scope of Services PBS&i's goal is to provide professional services that create value for our clients through technical excellence and innovation DESCRIPTION OF FACHITIES The facility for which this scope of work is intended is the Big Canyon Reservoir for the City of Newport Beacb. The work required for the facility includes the addition of a floating cover and side slope chafer, a sump and rainwater collection system, a cement slurry bottom, repairs to the existing asphalt lining, a sub -drain system, four new mixing pumps, disinfection facilities, an asphalt ramp, and various related appurtenant improvements SCOPE OF SER«CES Based on our experience with similar projects, and our understanding of your needs, the following scope of services describes the anticipated tasks and level of effort anticipated for the construction phase of the Project The Scope is purposely described in terms that allow you to decide upon the level of service you require from us. The is fee proposal that accompanies the Scope is therefore presented in two three separate options. Option 1 includes Construction Engineering only —tbat is, full time project inspection and related tasks. Option 1B includes Construction Engineering and a limited amount of Construction Management oversight, and does not include submittal review, logging, or tracking, which would be done by either the designer, or City staff. Option 2 includes Construction Engineering and full Construction Management & Administration. The extent of construction management services is based upon the following construction phase schedule assumptions. It is assumed that the actual construction will require nine (9) months (approximately 40 weeks) for completion. Based on our experience on similar construction projects, we anticipate that there will be a two - week mobilization and start-up phase involving submittal review and site work that will require only limited on-site project observation. There will then be a 36 -week period of major construction that will require increased project observation, followed by 2 weeks that will require diminishing levels ofproject observation during the punch list and start-up phase. Field Inspection and Resident Engineering during Construction (Construction Engineering) Field Inspection and Resident Engineering services are those services typically performed by a qualified Construction Field Representative or Resident Engineer, with support from a qualified Construction Manager. Each of our Field Comprehensive resources, proven service Section 3, Page I EXHIBIT A Representatives and Resident Engineers is furnished with a vehicle, laptop computer, digital camera, and cellular phone. During the construction of the project, PBSO will provide the following construction phase services, as a minimum: 1. We will provide one full -time on -site Resident Inspector, subject to the City's approval, for project observation and field engineering services during the construction phase, to- assure that the progress and quality of work is in conformance with the contract documents and the City s expectations, and to inform the City of the overall progress. He will prepare Daily Inspection Reports documenting the progress of construction, including notations of visitors to the site, weather conditions, contractor work force and equipment, changed conditions encountered, workmanship, safety concerns, and all associated construction- related issues. The Resident Inspector will also provide daily construction photo documentation. He will document construction activities on a daily basis, and specific issues as they occur. Construction photographs will be taken using a minimum 2.0 megapixel digital camera or 35 mm standard format pocket camera. Standard format film will be developed and scanned onto a CD as digital images. Photo proof sheets with thumbnail images shall be attached to the Daily Construction Progress Reports. All digital files will be transferred to the City upon completion of the project and will be organized by date. The Resident Inspector will report directly to the City's Project Manager for this project. The project is expected to take approximately 9 months to complete. Our Resident Inspector will establish his schedule based upon the Contractor's. 2. We will attend and conduct weekly on -site Construction Team Progress meetings with the Contractor, Designer, sub-contractors, and the City, with a fixed agenda, producing action items with designated responsible parties and due dates. 3. We will issue, process and track Requests for Information (RFIs) for interpretations and clarifications of the contract documents. The appropriate design engineer may review interpretations and clarifications. We will consult and advise the City on the effects of the interpretations and clarifications of the contract documents. 4. We will provide as- needed scheduling services for periodic review, analysis and tracking of the Contractor's construction schedule. 5. We will review, negotiate and make recommendations on construction contract change orders to address contract revisions, design changes, unanticipated field conditions, additional work requests, etc. 6. We will observe initial operation and testing of the completed project, and prepare a punch list of deficiencies and follow up with the Contractor to ensure that the deficiencies are corrected in a timely manner. 7. We will coordinate and manage the City - provided construction materials testing services. It is assumed that the City will provide independent contract construction testing services for items such as cover materials, concrete, rebar, welding, coatings and geotechnical. 1 Comprehensive resources, proven service Section 3, Page 2 E 0 8. We will coordinate and manage the City - provided construction surveying support services. It is assumed that the City will provide independent contract construction surveying support services for items such as boundary control, rough grade stakes, line and grade stakes, finish grade stakes and final grade verification. 9. We will perform a final inspection of the project a. We will schedule and conduct substantial completion inspections, prepare and issue punch lists, and advise the City when the completed facility is acceptable. b. We will provide construction management services and assistance to the City, as required, related to operational aspects of the constructed facility. c. We will prepare a final report documenting the contractor's actual versus planned progress schedule, start-up procedures, the disposition of all claims and disputed change orders that impact the City's long -term interests, and all other pertinent information. d. We will present the City with a complete set of all project records in hard copy and electronic format. We will make certain that changes are made to the drawings based upon Contractor - furnished record of construction changes, and our own independent documentation. e. We will collect from the Contractor all equipment submittal information required for an O&M Manual for the project f. We will provide construction management services to the City during the 12- month warranty period, including 11th month warranty inspection and coordination and inspection of remedial work performed by the Contractor. Other incidental tasks that are included in the above are: Pe Assuming that the State of California's provisions for Prevailing Wage apply with respect to the inspection of this project, and in accordance with the State of California's requirements, PBS&J will prepare weekly Certified Payroll Documentation for this project 0 We will assure that the contractor keeps up with the documentation of all field changes to the plans and specifications. Construction Management and Administration during Construction Construction Management and Administration Services are typically performed by a qualified Construction Manager and/or Resident Engineer, and a part-time off -site clerical assistant When Construction Management and Administration is included in the services we perform, we also add the following Construction Engineering tasks: I. We will support and coordinate the efforts of all subconsultants provided by either the City or by PBS&J. During the construction phase, PBS&J will provide the following Construction Management and Administration services, as a minimum: 1 �. 61 Comprehensive resources, proven service Section 3, Page 3 11 L 0 0 0 1. We will prepare the agenda for and conduct the pre - construction conference, and issue minutes of the meeting within 3 days. 2. We will log, track and review Contractor submittals using Expedition (or other software if the City so desires). The Construction Management team will review all Contractor submittals with the exception of those requiring review by the design engineer. We will consult and advise the- City on the acceptability of substitute materials and equipment proposed by the Contractor. 3. We will coordinate and review lab, shop and null test reports and results of field materials testing, including concrete tests, soils tests, etc. 4. We will provide general construction contract administration services during the construction phase, including such tasks as maintaining and documenting all project records and general correspondence with the City, Designer, the Contractor, and any other stakeholders, using Expedition. We will provide any and all services requested by the City or otherwise required for the proper administration of the construction contract. 5. We will prepare contract revisions, if required, during construction to resolve problems due to unanticipated field conditions or other field changes. 6. We will provide construction cost accounting services during the construction phase, including such tasks as progress payment review, cost accounting, budget tracking, general correspondence with the City and Contractor, etc. We will consult with and advise the City on construction cost - related issues. We will meet with the City regularly, at the City's convenience, to discuss construction - related issues. 8. We will assist the City in the closing of the project with services such as Final Acceptance, claims negotiations, filing of the Notice of Completion, and make recommendations for final payment, and release of retention or securities of the Contractor. Incidental tasks in addition to the above include: + We will prepare and submit monthly progress reports documenting the general progress of the construction, along with the progress of submittal reviews, the status of Urs, any changes to the schedule, status of change orders, and any other pertinent information. 6 We will monitor the contractor's compliance with all construction and site permits, and advise the City on the appropriate course of action to assist the contractor in complying with the permit conditions. Comprehensive resources, proven service Section 3, Page 4 Project Name: Big Canyon Reservoir Client/Owner: City of Newport Beach Project Manager: Blaine Barth Prepared By: Gasper Chifici Proj/Prop No.: Option 1B Date: January 27, 2004 ENGINEERING SERVICES Officer - OFF Senior Program Manager- SPG Project Director - PD Principal Engineer III - PRIII Program Manager- PGM Principal Engineer II - PRII Principal Engineer I - PR Senior Project Manager - SPM Project Manager - PM Senior Project Engineer - SPE Project Engineer 11- SEII Project Engineer I - SEI Senior Engineer - SE Engineer 11- Ell Engineer l- El Engineering Aide II - EAII Engineering Aide I EAI ADMINISTRATIVE SERVICES Financial Manager - FM Administrative Manager - AM Senior Administrative Asst II - SAII Senior Administrative Asst I - SAI Project Analyst - PA Administrative Assistant - AA Administrative Clerk - AC OTHER PROFESSIONAL SERVICES Principal Professional, Division Mgr. - PP Sr. Prof. III, Prog Mgr, Sr. Developer III - SPIII Sr. Prof. 11, Sr. Analyst III, Sr. Devel II - SPII Senior Analyst II, Sr. Developer I - SAD Sr. Prof. I, Sr. Analyst I, Developer 11- SPI Professional II, Analyst II - Pit Professional I, Analyst 1, Developer I - PI $190 $175 $165 $150 $145 $140 $135 $125 $115 $106 $102 $96 $88 $85 $75 $50 $45 $110 $80 $66 $62 $57 $50 $43 $160 $145 $125 $110 $90 $75 $65 FEE SUMMARY ITEM TOTAL Labor $219,888 Outside Services $0 Direct Costs $9,220 TOTAL $229,108 BILLING RATES ENVIRONMENTAL SCIENCE Senior Scientist III - SSIII Senior Scientist 11- SSII Senior Scientist I - SSI Scientist III - Sill Scientist II - SII Scientist I - S1 Assistant Scientist - AS Research Assistant - RA CONSTRUCTION RELATED SERVICES Senior Construction Manager- SCM Construction Manager - CM Senior Project Engr (Const.) - SPEC Prevailing Wage Field Rep. - PWFR Senior Field Representative' - SFR Construction Mgmt Rep. II` - CMII Construction Mgmt Rep. I` - CMI r non - prevailing wage) DESIGN & GRAPHIC SERVICES Senior Design Manager- SDM Senior Designer III - SDIII Senior Designer II - SDII Senior Designer I - SDI Senior Graphics Designer- SGD Designer - DES Graphics Designer - GO Senior CADD Technician - SCT CADD Technician II - CTII CADD Technician I - CTI California Offices in Irvine, Riverside, Encinitas, and San Diego FILE: Big Canyon Reservoir Option 1B.)ds EXHIBIT B $160 $124 $116 $106 $98 $85 $70 $50 $118 $108 $96 $98 $111 $82 $75 $110 $105 $95 $85 $80 $75 $75 $71 $66 $60 • u T O 1.11 m V d N m it 7 0 0 O Q J -'7 Q a 0 n m rn N v Q a a M O 000000 VO. 0000000 N 047 CD co co Go W C) I, CD CD (M c00 VO �O C. 0Om�TONl c•07 cl W 0 OD 01 W a1 LL �� I��Ct>N N C V �N1�— ai c0 C Cis M Ali T T f9 fA E9 69 tH 69 6Y ER f9 � G3 vA N N N f9 f9 C4 N 69 • • LO co LO 1 Mt�9 0 000 V NNCN7 co ,r ON W X00 COO V V N OR'0V S ci 0 0 0 0 0 0 0 0 0 0 • 0 0 0 0 • 0 0 LO f00 N C,4 tnq tnl V V 0 ? O` Cl N T N 7 N N ca V O 0 0 0 t- 0 0 O O O O V N O V o 333 V N N N O O b co V V V T O v O p N U Z tA� v m m� a^ c 0 C C W E f!1 ^ C C.07 yZ N Z C m (!1 '�O •� LL Z t_- g O v Or U ca omEv"0 0) t~il ZLLmaaF�° K -°� aai CA *-5 N N O 0 Q' m 0 ad N 7 y Z L) — � Z Q N mp O O N N� U Co W U1 O O Z a p F m m p F= 2��v'��a°�i�� d.Z c��a 00 WW Er wooa'S yy3!! y E d y_ Q C aCj a"i d "m a) m 12 -- H y Q • N O O ML E Z O C` L > N O O A o IL f+ O y N O 0 T N1 J Ua"CLmX()LL UIL Ua00-wU�00L)E CLW �~ W rN fi V 66 il:6Oi c-N ch V 661 W 6 1-:N as a Q m U 00 a 0 n m rn N v Q a a PBS &J Direct costs DESCRIPTION Pt Task Type Quantity Unit Unit Cost TOTALS Cost Vehicle - Monthly 9 MONTHS $750.00 $6,750.00 Film /Processing 400 PHOTOS $0.30 $120.00 Cell Phone Usage per month 9 VARIES $150.00 $1,350.00 Courier- Next Day 40 TRIPS $20.00 $800.00 Fed Ex 20 PARCELS $10.00 $200.00 TOTAL $9220 SPA PA400 -2/99 Big Canyon Reservoir Option 1B.xls- 127/2004 E • 0 PROFESSIONAL SERVICES AGREEMENT WITH HILTS CONSULTING GROUP, INC. FOR REPRESENTATIVE SERVICES THIS AGREEMENT is made and entered into as of this _ day of 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and HILTS- CONSULTING GROUP, INC. a corporation whose address is 16716 Quail Country Avenue, Chino Hills, California, 91709 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is� planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (The "Project"). C. City desires to engage Consultant to provide manufacturing, fabrication and installation observation services for the cover portion of the Project. • D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E., The principal member of Consultant for purposes of this Agreement shall be Douglas Hilts, S.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of 2004, and shall terminate on the 31st day of January, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The 0 9 0 City may elect to delete certain tasks of the Scope of Services at its sole discretion. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent-and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Eighty Four Thousand Dollars and no /100 ($84,000.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in E 9 P J 0 • advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Douglas Hilts to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel for services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove personnel assigned to the performance of services under this Agreement upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the services on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 VA 0 0 CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to cant' out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate directly to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of 5 11 12. 13. 14. control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. COOPERATION Consultant agrees to worts closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 0 0 D. Coverage Requirements. L General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iii. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. FA 0 vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to 01 0 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings • and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 20. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 0 r� L �J 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the �. Project. 23. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after • the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacod, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Douglas Hilts, S. E. Hilts Consulting Group, Inc. 16716 Quail Country Avenue Chino Hills, CA 91709 Phone: 909- 590 -5200 is 10 i • 25. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 26. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27. WAIVER A waiver by either party 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 a different character. 28. 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 herein. 29. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 11 30. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 31. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 32. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 33. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, A Municipal Corporation By: City Attorney Tod W. Ridgeway, Mayor for the City of Newport Beach for the City of Newport Beach ATTEST: HILTS CONSULTING GROUP, INC.: By: LaVonne Harkless, Douglas Hilts, S.E. City Clerk President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:lusers%pbw'sharedlagreements* 03- 041h11ts4)a floe ft cover.doc 0 12 Hilts Consultina Grouu. Inc. 16716 Quail Country Ave. Chino Hills, CA 91709 \� (909) 590 -5200 February 2, 2004 City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn.: -Mr. Mike Sinacori Big Canyon Reservoir — Floating Cover Project — City Representative Services Mr. Sinacori, Hilts Consulting Group, Inc. (HCG) had completed a peer review for the City of Newport Beach (City) Big Canyon Reservoir Improvement Project. As part of the peer review, HCG reviewed plans and specifications prepared by the City's design consultant, Tetra Tech, and attended coordination review meetings with City personnel and Tetra Tech. The Big Canyon Reservoir Improvement Project is currently advertised for public bidding. HCG would like to submit our proposal to provide City Representative Services for the floating cover aspects of this project. SCOPE OF WORK: HCG would like to submit our proposal for City representative services to assist the City during the construction of the Big Canyon Reservoir Floating Cover Project. HCG's involvement on the Big Canyon Reservoir project is limited to the floating cover portions of work. The scope of work has been jointly defined between HCG and the City and includes the following tasks: Project Management / Coordination • Back check previous peer review comments. Attend peer review coordination meeting with City and Tetra Tech. Attend mandatory contractor pre -bid meeting. Provide coordination with the City and Tetra Tech during construction. Construction Period Support: • Attend kick -off meeting with City, Tetra Tech, and Contractor. U-N �C t� • r-r L-A Big Canyon Reservoir — Floating Cover Project — City Representative Services February 2, 2004 Page 2 of 4 • Review geomembrane manufacturer's quality control / quality assurance plan for the floating cover and chafer. • Review geomembrane fabricator's quality control / quality assurance plan for both the floating cover and-chafer. • Review geomembrane installation contractor's quality control / quality assurance plan for both the floating cover and chafer. • Review contractor floating cover related submittals. Construction Meetings / Site Visits: • Attend weekly construction coordination meetings. This proposal assumes (16) 1 -hour meetings which will be conducted by others. • Site visits during construction of the floating cover. This proposal assumes on site 2 days per week during the construction of the floating cover. The floating cover construction duration is assumed at 16 weeks. Site visits 2 days per week for up to 4 weeks during the initial fill and start up of the floating cover. Interact with the City's inspector (or hired inspector) relative to floating cover construction activities. Off -Site Observations Visits: • Site visit and observation to geomembrane manufacturing facility during - the production of the reinforced polypropylene floating cover material. This proposal. assumes 2 days on site during the manufacturing for a portion of the geomembrane material. This random observation does not assume full -time inspection. • Site visit and observation to geomembrane fabricator facility during the fabrication of the reinforced polypropylene floating cover prefabricated panels. This proposal assumes 2 days on site during the fabrication for a portion of the floating cover panels. This random observation does not assume full -time inspection. The construction phase services are based on the following assumptions: • Inspection services are not part of this proposal, and the City will separately engage inspection services. • All material testing will be performed by the Contractor and under the direction of the on site inspector. Material testing is not included in this proposal. • Responses to Contractor RFI's shall be performed by others. • HCG will provide comments on Contractor submittals. The submittals shall be reviewed by the design engineer of record and HCG's comments shall be in addition to the design engineer's comments. C� V Big Canyon Reservoir — Floating Cover Project — City Representative Services February 2, 2004 Page 3 of 4 The consolidation of HCG comments with those comments by other reviewers shall be performed by others. • Construction progress coordination meetings shall be conducted by others. Meeting minutes shall be prepared by others. • Contractor progress pay applications shall be reviewed performed by others. • Contractor's initial construction schedule and periodic update reviews shall be performed by others. • Contractor change order reviews shall be performed by others. PROFESSIONAL FEES: The professional fees for the city representative services scope of work defined above are proposed on time and materials basis plus reimbursables, with an estimated maximum payable amount of $84,000. A cost breakdown by task is listed below. Task Estimated Fee Project Management / Coordination $12,000 Construction Period Support $58,000 Off -Site Observation Visits $12,000 Misc. Reimbursables $2,000 Total $84,000 Billing will be in accordance with the attached fee schedule. At the direction of the City, additional services may be performed and shall be based on the hourly rates in the attached fee schedule plus reimbursable expenses. HCG will submit invoices to the City on a monthly basis commensurate with work completed as of the billing date. Invoices will indicate the total amount billed to date of all previous invoices, the current invoice amount, and the remaining agreement amount. LIMITATIONS: The design of the Big Canyon Reservoir Improvement Project was designed by entities other than HCG. HCG is not the design engineer of record, and as such, HCG assumes no design liability for the design concepts, drawings, and specifications. HCG's involvement during the construction phase shall be limited to the floating cover components, and shall not include other items such as the chemical storage and feed systems, mechanical systems, electrical systems. HCG's involvement is to assist the City during the construction phase for the floating cover portion of work. ?\ . �Ci� Big Canyon Reservoir — Floating Cover Project — City Representative Services February 2, 2004 Page 4 of 4 HCG appreciates the opportunity to submit our proposal. If you have any questions regarding this proposal, please call me at (909) 590 -5200. Very truly yours, Hilts Consulting Group, Inc. ougl s Hilts, S.E. Principal Attachments 0 \\\ �I \` HILTS CONSULTING GROUP. INC. \ FEE SCHEDULE V FOR PROFESSIONAL ENGINEERING SERVICES- Big Canyon Reservoir— Floating Cover Project City Representative Services Professional Services: Classification I Title Hourly Billing Rate Principal $150.00 Senior Engineer $125.00 Project Draftsperson $85.00 Clerical $40.00 . Reimbursable Expenses Reproduction Cost plus 15% Outside Consultant Services Cost plus 15% Automobile Transportation $0.325 / mile Delivery / Courier/ Express Mail Cost plus 15% Travel / Subsistence Cost Rates effective for calendar year 2004 v 0 PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION FOR OBSERVATION AND TESTING SERVICES THIS AGREEMENT is made and entered into as of this _ day of , 20_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("City"), and URS Corporation, whose address is 2020 East First Street, Suite 400, Santa Ana, California, 92705 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to install a floating cover and new disinfection facilities at the Big Canyon Reservoir (the "Project "). C. City desires to engage Consultant to perform geotechnical observation and testing services for the Project. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Jean Suter Hill. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of 2004, and shall terminate on the 31st day of January, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 0 0 Consultant shall diligently perform all the services described in the Scope of . Services attached hereto as Exhibit A and incorporated herein by reference. The • • City may elect to delete certain tasks of the Scope of Services at its sole • discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to- perform the services in a diligent and timely'manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Agreement, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. In no event shall Consultant's compensation exceed Twenty Four Thousand Four Hundred and Eighty Dollars and no /100 ($24,480.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in FA 5. • advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of suboonsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work' means any work that is determined by City to be necessary for the proper completion of services for this Agreement, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jean Suter Hill to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel services under this Agreement without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services under this Agreement upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the, services on a timely basis as contemplated by this Agreement. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 0 • 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by ' this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in n charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be -responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities; costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted under this Agreement (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents oir employees of City. 5 0 0 Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance "of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Slanature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of L4 Best's Key Rating Guide, unless otherwise approved by the City s Risk Manager. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his ocher employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability. Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property. damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are, to be covered as additional insureds with FA 0 E 0 0 r� respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers., V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either parry except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of. or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. M 11 0 r� U 20. RECORDS 0 . Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially . affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael J. Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Phone: 949 - 644 -3342 Fax: 949 -644 -3311 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: . Attn: Jean Suter Hill URS, Corporation 2020 East First Street, Suite 400 Santa Ana, CA 92705 Phone: 714 - 835 -6886 Fax: 714 - 667 -7147 26. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 termination under this Section, City shall pay Consultant for services satisfactorily • performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28. WAIVER A waiver by either party 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 a different character. 29. 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 herein. 30. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 31. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 32. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12 The laws of the State of California shall govem this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 34. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Tod W. Ridgeway, Mayor for the City of Newport Beach URS Corporation: By: Steve Pearson Senior Vice President Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f :lusers\pbwlsharedlagreementsNfy 03- 041urs -bor floating ower.doc 13 0 • 0 0 ! ! January 30, 2004 Mr. Michael J. Sinacori, P.E. Project Manager Public Works Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92658 SUBJECT: PROPOSAL TO PROVIDE FIELD OBSERVATION AND TESTING SERVICES BIG CANYON RESERVOIR FLOATING COVER AND DISINFECTION FACILITIES PROJECT NEWPORT BEACH, CALIFORNIA Dear Mr. Sinacori: URS Corporation (URS) is pleased to have this opportunity to propose construction observation and materials testing services as part of the City of Newport Beach's quality assurance program . for the subject project. Specifically, we propose to provide the following services on an as- needed basis: • Engineering services to assist the City with the review of the contractor's submittals • Field technician(s) to observe subdrain construction observations and perform QA tests on soils and asphalt The following paragraphs describe our proposed scope of services in more detail. ENGINEERING SERVICES Over the past 4 years, URS' engineers have provided various services to the City relative to Big Canyon Dam and Reservoir. Most recently, we designed a subdrain to control the groundwater table under the existing porous asphalt lining while the cover construction work is proceeding in the reservoir. The subdrain will be tied into the existing "East Underdrain" system at the reservoir, and provide additional capacity to reduce pore water pressures under the lining during future lowerings of the reservoir. We propose to continue to make our principal engineer for the Big Canyon project, Ms. Jean Hill, available to the City for as- needed construction -phase assistance in reviewing required contractor submittals for the new subdrain, including, but not limited to, product data and material certifications for conformance with the technical specifications, and the contractor's trench excavation plan, possibly including an Excavation Safety Plan (possibly including shoring design) for consistency with accepted safe practices. EXHIBIT A URS Corporation 2020 East First Street, Sune 400 Santa Ana, CA 92705 Tel: 714.835.6886 Fax: 714.667.7147 EXHIBIT A 0 n U Mr. Michael J. Sinacori, P.8 City of Newport Beach January 30, 2004 Page 2 of 3 Ms. Hill will also be responsible for scheduling technicians for construction -phase field assignments as described in the following paragraphs, and preparation of a report at the end of construction presenting our field observations and test results. Ms. Hill, a California - registered civil engineer, will stamp and sign the construction report. FIELD OBSERVATION AND TESTING SERVICES Our proposed field observation and testing services includes the subdrain work designed by URS as well as new pavement and base designed by others. Specifically, our field technician(s) will provide the following services: • Observation and documentation of the contractor's methods of trench excavation and groundwater control including assistance to the City's survey crew in obtaining the as- built line and grade of the trench invert, and verification of the minimum trench width. • . Testing of the proposed pipe bedding and backfill and the trench backfill materials prior to use in construction for conformance with the technical specifications. Observation, testing and documentation of subdrain pipe- laying and backfill operations for conformance with the technical specifications, particularly compaction requirements. At least one field test will be made per material type per construction shift. We will utilize the nuclear test gage for determining relative compaction, with daily quality control checks using a sand cone apparatus. Assistance to the City's survey crew in obtaining the as -built line and grade of the subdrain pipe. Observation, testing and documentation of the contractor's pavement construction for conformance with the project specifications, including, but not limited to, testing of the aggregate base gradation, measuring the asphalt temperature at placement, documenting the base and pavement section thicknesses, and testing the in -place density of the asphalt Asphalt density testing will be performed using the nuclear test gage. TERMS URS proposes to perform the above- described construction -phase services on the time -and- materials basis under the City's standard professional services agreement. Although we have not reviewed the terms of a specific agreement, we note that we have not taken significant exception to the City's terms in the past. Without knowledge of the contractor's schedule, it is difficult to estimate the office and field effort that will be required to complete the scope of work proposed herein. The following table presents our unit rates and recommended initial budget allowance. Our rate for the field technician is based on prevailing wage rates for "Field Soils and Material Tester" per the California Labor Code. We have assumed 8 -hour days for the field technician. u 0 11 URS ' Mr. Michad J. Sinacori, P.E. City of Newport Beach January 30, 2004 Pave 3 of 3 Personnel Category Unit Rate Estimated Recommended Comments - Quantity Initial Budget . PM /Principal (J. Hill) $160/hr 40 hrs. $5,400 Sr. Project/ Project $1151hr 12 hrs. $1,380 Significant effort not Professional anticipated; however, occasional effort may Sr. Staff! Staff $701hr 4 hrs. $280 Professional be required to assist PM's review work Word Processor/ $55/hr 4 hrs. $220 Project Asst. Field Technician $900 /day 18 days $16,200 Rate includes time, vehicle, and all field and laboratory testing effort. Hourly rate: $125/hr, 2 hrs min. TOTAL $24,480 1 71 URS looks forward to continuing work with the City on the Big Canyon Reservoir project. If you have any questions or comments regarding this proposal, please do not hesitate to call Ms. Jean Hill at 714- 648 -2756. Very truly yours, URS CORPORATION Jean Suter Hill Principal Engineer 11 EXHIBIT B Vy of Newport Beade NO. BA- 031 BUDGET AMENDMENT 2003 -04 EFFECT ON BUDGETARY FUND BALANCE: Pq Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $1,979,887.00 0 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations related to the B!9 Canyon Reservoir Floating Cover and Disinfection System. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 500 3785 Water Fund Infrastructure Reserve $1,962,587.00 REVENUE ESTIMATES (3601) Fund /Division Account Description 500 4841 Water Fund - EPA Grant $17,300.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7503 Water Fund - Pumping & Operating Account Number C5500690 Big Canyon Reservoir Cover $1,979,887.00 Division Number Account Number Division Number Account Number Division Number Account Number • Automatic System Entry. Signed: Fina c'aval: Administrative Services Director Date Signed: Administrative proval: City Manager bate Signed: City Council Approval: City Clerk Date C r of Newport Beado NO. BA- 031 BUDGET AMENDMENT 2003 -04 AMOUNT: $1,s7s,ss7.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance rq Increase Expenditure Appropriations AM �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated. fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations related to the Big Canyon Reservoir Floating Cover and Disinfection System. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 500 3785 Water Fund Infrastructure Reserve $1,962,587.00 REVENUE ESTIMATES (3601) Fund /Division Account Description 500 4841 Water Fund - EPA Grant $17,300.00 EXPENDITURE APPROPRIATIONS (3603) Automatic Signed: � �r - � ? `d Fina c'al Approval: Administrative Services Director Date Signed: Admin' trative proval: City anager Cate Signed: M City Council Approval: City Clerk Date Description Division Number 7503 Water Fund - Pumping & Operating Account Number C5500690 Big Canyon Reservoir Cover $1,979,887.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic Signed: � �r - � ? `d Fina c'al Approval: Administrative Services Director Date Signed: Admin' trative proval: City anager Cate Signed: M City Council Approval: City Clerk Date JUL 2 3 2002 TO: Mayor and Members of the City Council FROM: Public Works Department July 23, 2002 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC., FOR ADDITIONAL' DESIGN SERVICES RELATED TO THE BIG CANYON RESERVOIR DISINFECTION AND WATER QUALITY FACILITIES, CONTRACT NO. 3037 RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc., (formerly ASL Consulting Engineers) increasing their fee by $129,800 for additional design services related to the disinfection and water quality improvements at Big Canyon Reservoir (BCR). BACKGROUND: The BCR is a 600 Acre -Foot (200 million - gallon) potable water storage reservoir located in Corona del Mar. The full capacity of the reservoir provides the City with 10 days of average water demand storage. If an emergency takes place within the City, those 10 days could be extended by implementing water conservation measures. This facility was originally constructed in the early 1960's as a main delivery point for the imported Metropolitan Water District supply. During the 1950's, the City's wells in Huntington Beach began to experience saltwater intrusion and were subsequently abandoned when the BCR was put into service. An open water reservoir was an acceptable facility in the 1960's. However, as water quality standards have become more stringent over the years, the Department of Health Services (DOHS) mandated the City cover its reservoir or abandon the facility. This mandate has been in effect since 1994. In 1994, the City was in the midst of designing and constructing the Groundwater Development Project and funding was already committed to this effort. The City planned to comply with the mandate and cover the reservoir by setting aside reserves to complete the $5 million project. Staff has also requested Federal Funding assistance over the past four years. The City prepared an initial study pursuant to CEQA requirements and also conducted two public hearings about the scope of the project and solicited input on the project and alternatives. As a result of the study, a Mitigated Negative Declaration was prepared and approved by the City Council on June 27, 1994. As part of the mitigations, Staff is SUBJECT: Amendment No. 1 to ssional Services Agreement with Tetra Tech, Inc., Wditional Design Services Related to the Big Canyon Rese Disinfection and Water Quality Facilities, contract No. JULY 23, 2002 Page 2 required to hold another public meeting with representatives of the adjacent homeowners to discuss the planned landscape screening associated with the project. This will be scheduled as Staff nears completion of the design process. CONSULTANT SCOPE OF SERVICES AND FEE: In March 1995, Staff hired ASL Consulting Engineers (ASL) to prepare the contract documents for the subject project. At that time, ASL was a 7 office company focused in California and Arizona. In 1999, ASL was purchased by Tetra Tech, Inc., a national firm with 150 offices worldwide. Tetra Tech is ranked 11th in the Engineering News Record's top 500 national firms. The original scope of work included: • Preparation of a preliminary design report • Preparation of detailed specifications • Preparation of detailed construction plans • Preparation of special provisions for project construction • Compilation of contract documents for bidding and awarding a contract for construction • Construction management assistance The cost for these services was $192,000. The preliminary design report was completed in August 1995, and the consultant was placed on hold until funding was secured. In addition to covering BCR, a new disinfection system will be installed to eliminate the current gaseous chlorine system with a much safer liquid chloramination facility (chlorine and ammonia). The disinfection system was planned as a stand -alone construction contract, however, Staff recently reviewed the design of the cover and realized the new disinfection system needed to be integrated into the project. The disinfection feed points into the reservoir and a mixing system must be integrated into the cover design. Staff requests additional services from Tetra Tech to provide the disinfection design, the mixing system, and a view analysis of the proposed cover facilities. If Council approves Amendment No. 1 to the Agreement, the combined project title will be The Big Canyon Reservoir Cover and Disinfection Facilities. Tetra Tech's fee will be increased by $129,800 to accomplish the additional design. The advantages of having one project would be: • Design coordination between two separate consultants would be eliminated - Tetra Tech would design all the facilities. • The aggressive schedule for the project could be realized by eliminating the 3- month process of requesting proposals and hiring another consultant to perform disinfection system design services. SUBJECT: Amendment No. 1 to Prone] Services Agreement with Tetra Tech, Inc., fo ilonal Design Services Related to the Big Canyon Reservoir isinfection and Water Quality Facilities, contract No. JULY 23, 2002 Page 3 SCHEDULE & FUNDING: If approved, the additional disinfection system design efforts can commence immediately. The overall project schedule requires the consultant's plans and specifications be completed and ready for advertising for bids by December 2002. At that time, the requirements for Federal funding will be known and the exact construction schedule can be determined. Funds for the design are available and have been budgeted in the Water Enterprise Fund under the following accounts: Description Big Canyon Reservoir Disinfection Modifications Big Canyon Reservoir Covering Project Respectfully submitted, PUlB WORKS DEPARTMENT S phen G. Badum, Director By: _ M;L ), M' � e J. aco 1, P.E. Princl evil Engineer Account Amount 7503- C5500689 $ 92,000 7503- C5500690 37,800 Total $129,800 Attachments: Big Canyon Reservoir Exhibit Amendment to Professional Services Agreement Original ASL Professional Services Agreement BIG CANYON RESERVOIR COVERING AND DISINFECTION FACILITIES AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. (formerly ASL Consulting Engineers) This AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this _ day of August, 2002, by and between the City of Newport Beach, a municipal corporation, (hereinafter referred to as "CITY ") and Tetra Tech, Inc., whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On March 27, 1995, City and Consultant, formerly ASL Consulting Engineers, entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for engineering services for the Big Canyon Reservoir Floating Cover Project, hereinafter referred to as "Project." B. City desires to assign the Agreement to Tetra Tech, Inc., who purchased ASL Consulting Engineers in July 1999. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as Amendment No. 1 as provided here below. Now, Therefore, the parties hereto agree as follows: 1. Section V of the Agreement, Time of Completion and Liquidated Damages, paragraph 1, shall be replaced with the schedule attached in Exhibit B to this Amendment. 2. Section IX of the Agreement, Payment and Fee Schedule: Section B, shall be replaced with the fee schedule attached in Exhibit B to this Amendment. Section D, Part 2 shall be deleted from Agreement. • • 3. Section X, Additional Services: Consultant shall perform the additional services to prepare the plans and specification of the Mixing System within the Big Canyon Reservoir and the planned Disinfection System Improvements to operate the covered reservoir, identified in attached Exhibit A dated July 8, 2002. The fee for the additional services identified in this Amendment No. 1 is $129,800. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written CITY OF NEWPORT BEACH, A municipal corporation M APPROVED AS TO FORM: By: City Attorney Mayor TETRA TECH, inc ATTEST: By: City Clerk F :IUSERSIPB1MSharedWgreements\FY 02- 03%Tetra Tech - Big Canyon Cover.doc TETRATECH, INC. Exhibit A Infrastructure Services Group July 8, 2002 Michael J. Sinacori, P.E. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Reference: Big Canyon Reservoir Floating Cover Request for Contract Revision and Continuance of Project Dear Mr. Sinacori: The Big Canyon Reservoir Floating Cover project has been on hold for several years now. Tetra Tech, Inc. has a contract for preliminary design, final design and construction phase services. On April 10, 1995, we submitted our Preliminary Design Report on the project. As you requested, we have reviewed our existing contract and the work completed to date. After reviewing this information it is our desire to continue the project as the City's Design Engineer. This letter outlines some contract revisions and additions which we believe are prudent to successfully complete this project. We have also included a revised project schedule. Since the completion of the Preliminary Design Report there have been several significant things that have happened in the industry. As you may already know, the Department of Health Services (DOHS) issued a report that was extremely critical of the use of floating covers. In fact, the report was recommending that their use be discontinued. In response to this report, the CA -NV Section of AWWA formed a committee and worked closely with the DOHS to prepare a Design and Operations Standard for Floating Cover Reservoirs. Tetra Tech was involved in the review and commenting on this Standard. In addition, several of the reservoirs which were used as a model for Design and Operations were the same projects the City and Tetra Tech visited during the preliminary design efforts. Since the preliminary design stage, Tetra Tech has also completed the design of three additional floating cover projects. Our 2.0 million- gallon project in Palm Desert uses a new cover material called Polypropylene. This material was evaluated in 1995 for the City but it was decided not to use it because it did not have a track record on similar projects. Since then the City has indicated that they prefer to use polypropylene for the cover material. h';2, Laguna Ga ^yon Roar, Suite 2007 irr ne. CA 9 ?618 Tel 949.727.7099 " -- =1,!9.727 --0 v�. xvv.tetra;ech.com 0 • TETRATECH, INC. Infrastructure Services Group Michael J. Sinacori, P.E. July 8, 2002 Page 2 The City wishes to have several digital photo renderings prepared, depicting the proposed improvements to the reservoir site including the cover appearance and landscaping. The photos will be prepared for presentation to the City Council. Tetra Tech has also been involved in evaluating water quality in reservoir projects. We understand that this is a concern of the City staff and that the staff is currently working with McGuire Environmental Consultants and Flow Science on solutions. During recent meetings with the City, McGuire and Flow Science, it was decided that new disinfection facilities should be constructed. Our revised proposal includes the costs of the civil, structural, mechanical, electrical, and process design of new sodium hypochlorite and aqueous ammonia systems. McGuire is currently evaluating a pilot study using chlorine dioxide disinfection. The final results will be available in November. As a result, Tetra Tech will prepare preliminary design plans and specifications for a chlorine dioxide disinfection system, to be located in the existing chlorine building. The scope and fee for services for the final design plans and specifications will be developed during this effort. The following pages include our proposed scope, fee and schedule revisions. We have also included qualifications from some of our recent chemical feed projects. Tetra Tech is very excited about this project and we look forward to completing it successfully for the City of Newport Beach. If you have any questions please feel free to contact us. Sincerely, Steve Tedesco, P.E. Vice President SDT /cg J:1 0606 \055V005sdtAev3.doc(Contract) Attachments 0 • TETRATECH, INC. Infrastructure Services Group City of Newport Beach Big Canyon Reservoir Floating Cover SCOPE OF SERVICES The existing contract between the City of Newport Beach and Tetra Tech, Inc. is for a total fee of $192,000. The fee is broken down as follows: Design Phase Services Construction Services $141,967.00 1 1 [1 $192,000.00 To date Tetra Tech has completed and billed $75,276.06 on this project including $14,844.25, which was construction phase services for the valve vault structure. Therefore a total of $116,723.94 is remaining. The following additional services are recommended to complete the design phase of the project: • Photo Rendering Study • Mixer and /or Baffle Analysis and Design • Review of latest AWWA DOHS Standards for Floating Cover Design and Operations • Sodium Hypochlorite/Ammonia Feed System • Chlorine Dioxide Feed System Total The revised contract amount will be as follows: Design Construction Total $ 10,000.00 $ 12,800.00 $ 3,000.00 $ 92,000.00 $ 1200�.OQ $129,800.00 $286,611.25 $ 35.188.75 $321,800.00 Since our billing rates have significantly changed we request that we be allowed to bill at our current hourly rates attached as Exhibit A. F :\USERS \PBW\Shared\Connacts \FY 02 -03 \Big Canyon Reservoir Covering and Disinfection Improvements - C- 3037\Design\I005sdtRev3I.doc (Contract) TETRATECH, INC. Infrastructure Services Group City of Newport Beach Big Canyon Reservoir Floating Cover SCHEDULE Tetra Tech will complete the project in accordance with the following schedule: Item • Approval of Contract Revisions 50% Plans and Specs • City Review • 90% Plans and Specs • City Review • 100% Plans, Specs and Estimate Completion Date Tuesday, July 23, 2002 Wednesday, August 7, 2002 Wednesday, August 21, 2002 Wednesday, October 9, 2002 Wednesday, October 30, 2002 Monday, December 2, 2002 FAUSERS \PB WvShared\Convocts\FY 02 -03 \Big Canyon Reservoir Covering and Disinfection Improvemenu - C- 303TDesign\I005sdtRev3I .doc(Contract) • • TETRATECH, INC. Infrastructure Services Group 2002 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern /Technician ................... $ 44.00 Designer /CAD Operator/Engineer I........... $ 82.00 Engineer II and III/Senior Designer.......... $ 92.00 Planner......................... ..............................$ 94.00 Senior Engineer /Landscape Architect........ $ 103.00 Project Engineer/Project Coordinator........ $ 120.00 Project Manager /Sr. Project Coordinator... $ 135.00 Senior Project Manager .............................. $ 150.00 Program Director /Project Director ............. $ 180.00 Administrative Administrative Clerk ... ............................... $ 38.00 Word Processor /Admin. Support ............... $ 54.00 Graphic Designer ........ ............................... $ 90.00 Survey/Mapping Exhibit B Survey Technician ...... ............................... $ 87.00 Surveyor/Field Supvsr. /Sr. Survey Tech.... $ 97.00 Two - Person Survey Party .......................... $ 172.00 Two - Person Survey Party with GPS.......... $ 210.00 Three - Person Survey Party ........................ $ 250.00 Survey Travel Time (Two - person) ............ $ 83.00 Survey Travel Time (Three- person) ........... $ 118.00 Construction Construction Observer... ............................ $ 72.00 Senior Construction Observer .................... $ 78.00 Resident Engineer ....... ............................... $110.00 Construction Manager . ............................... $ 140.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15%. Reimbursable In -House Costs Photo Copies (B &W 8.5'x1 I ") ...... $0.10/Each Photo Copies (B &W 11 "xl7 ") ....... $0.35/Each Color Copies (up to 8.5 "x11") ........ $1.50/Each Color Copies (to I 1 "x 17") .............. $2.50/Each Blueprints ........ ............................... $ 0.35 /S.F. Computer Time ............................. $10.00/Hour Mileage ............ ............................... $ 0.40/Mile ForensicEngineer ................................................................................................. ............................... $250.00 Court Appearances, Expert Witness Testimony, Depositions, and Preparation for Testimony ........................................................ ............................... $350.00* *Minimum $1,000.00 for half day plus expenses. NOTE: All rates are effective to October 1, 2002. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2002. F :\USERS \PB W\Shamd\Contmcls\FY 02 -03 \Big Canyon Reservoir Covering and Disinfection Impmveinents - C- 3037 \Design\J005sdIRev3 l.doc RGREEM ENT PROFESSIONAL SERVICES FOR DESIGN OF THE BIG CANYON RESERVOIR FLOATING COVER TX THIS AGREEMENT is made and entered into this Tl — Yvi.Cw,S WN Fitf_ o�,l�,l,,. day of March, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and ASL Consulting Engineers, a California Corporation, hereinafter referred to as "CONSULTANT"'. WITHESSETH: WHEREAS, "CITY', in conjunction with Metropolitan Water District's decision to cover the San Joaquin Reservoir, desires to cover Big Canyon Reservoir, and; WHEREAS, "CITY ", as part of the Big Canyon Reservoir Covering Project must construct facilities to implement a new floating cover on the Big Canyon Reservoir, hereinafter referred to as 'PROJECT ", and; WHEREAS, implementation of said 'PROJECT" requires the services of a qualified engineering design consultant, and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" for 'PROJECT" design, as well as to provide certain other essential professional services, as outlined herein below, and; WHEREAS, "CITY' has reviewed the previous experience and has evaluated the expertise of "CONSULTANT" and desires to accept the proposal submitted by "CONSULTANT ", and; NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 1 I. GENERAL A. "CITY' engages "CONSULTANT' to perform the described services for the consideration hereinafter stated. B. "CONSULTANT' agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. "CONSULTANT" agrees that all services required hereunder shall be performed under his :direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. "CONSULTANT' shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY'. II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY'. A. "CONSULTANT' shall provide the necessary services to complete the defined tasks associated with the design phase of the "PROJECT'. Those tasks include the following: 1. PRELIMINARY DESIGN a. Preliminary Assessment Develop a detailed assessment of each of the aspects of the proposed Scope of Work for the site in order to select the most feasible and efficient type of cover system and associated facilities (drainage system, lighting, fencing and floor lining or repair patterns, anchoring, fastening, and maintenance) of various flexible cover systems. b. Field Design Surveys Obtain property surveys, elevation of bench marks, and all topographical information, either by field survey or aerial photography, as well as all related note reduction, plotting, analysis, interpretation, etc. as needed for the project design. As a minimum, this shall include: (1.) Dimensional location of property lines to a fixed easily located "permanent" point or object at intersections. (2.) Provide both pictorial and literal station locations and distances of all objects within survey boundaries, to provide a cross check. True north shall be indicated as point of reference. (3.) Extend all survey information at least 10 feet through intersections in all directions. (4.) Indicate if street is paved on centerline by dimensional reference to curb or property line (right -of -way line) and running lines or building lines. (5.) Identification of all manholes by utility or company name. (6.) Include types of paving existing on all streets with all transition changes located. r (7.) Give all numerical addresses where possible, and indicate if empty lots exist. (S.) Specify material and utility poles contained in or possibly affected by survey area. (9.) Include all angles turned at intersections and directional changes made on running lines or base lines with reference to true centerline of streets. (10.) All elevations shall be tied to U.S.G.S. datum. c. Site Investigation Obtain all site information necessary for the design work. This work shall include activities such as, but not limited to, utility research and verification. Submit five (5) copies of all borings information, analyses, and reports as part of the Pre -Final Design submittal requirements to "CITY". d. Preliminary Report Prepare a detailed report, including estimated costs, preliminary layout drawings, manufacturers' information, an implementation schedule and recommendations as part of this phase. e. Project Management Submit monthly reports describing the progress of work, work remaining and the project budget remaining. f. Meetings The project manager shall meet with "CITY ", as a minimum, on a monthly basis during the "PROJECT ". 2. FINAL DESIGN Upon approval of the preliminary design report, preparation of detailed engineering plans, specifications and cost estimate the "PROJECT" will commence. a. Review existing drawings of the existing facilities. b. Acquire permits required by applicable codes from the necessary agencies. Coordinate the work with the Division of Safety of Dams, Department of Water Resources, State of California. "CITY" will provide assistance and pay all application and permit fees. c. Preparation of Maintenance and Protection of Vehicular and Pedestrian Traffic Control Plan for construction, (if required). d. Prepare plans, specifications and contract documents for covering the facility with a floating cover. The plans shall include accurate, measured drawings (including property lines, utilities, plans, sections and elevations) of the proposed work and the site. • 0 e. Submit to "CITY" for review and approval five (5) copies each per submission of all drawings and specifications to adequately size, locate and describe all elements of the "PROJECT ", including the following: (1.) All drawings, at appropriate scales, and outline specifications required to locate and describe all site and building development, all reconstruction, equipment and site utilities. (2.) An updated itemized breakdown of probable construction costs. (3.) An updated project master schedule, including recommendations regarding time to carry the project through completion of Bidding /Award. (4.) Recommendations to "CITY" on any required changes in space allocation, materials, layout or budget. f. Prepare an updated schedule of work progress, review dates, submissions, and completion of work. Prepare and submit to the Deputy Utilities Director monthly outlines of all work undertaken during the month. Submittals will consist of any models or photographs, drawings, sketches, specifications, or work outlines required to adequately describe work progress. g. Prepare the necessary documents from the previously approved preliminary design, incorporating "CITY's" recommendations concerning the preliminary design, a mutually agreed upon preliminary budget, and any other applicable "CITY ", government, agency, commission or institute standards. (1.) Furnish five (5) copies each per request for final approval: (i) All drawings, at appropriate scales, and outline specifications required to completely and accurately size, locate, and describe all site and building development, all building systems, typical construction details, all required details for special construction including plans, profiles, sections (both full and partial), wiring diagrams and structural details. (ii) An updated, detailed report of the subsurface site investigation performed including boring logs, if necessary. (iii) An updated, itemized breakdown of probable construction costs. (iv) An updated project schedule. (v) An outline of deviations from the approved preliminary design and budget. (vi) Recommendation to "CITY" on any required changes in program or budget. (vii) Obtain and submit to "CITY" copies of all required letters of approval and permits due from all concerned local, county, state, and federal agencies, departments or commissions. h. Construction Documents Based upon the approved final design documents and any further adjustments in scope or quality of construction, or in the project budget authorized by the Utilities Department, prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of each project as well as the bid proposal prepared by "CONSULTANT ". " CONSULTANT's" front end documents will be used. The "CITY" will be selling the contract documents to the prospective bidders. (1.) During the construction documents phase, perform the following. (i) Prepare the final contract documents from the approved final design documents in accordance with "CI TY's" established General Contract Conditions and contract forms, all items of work dearly identified to the specific contract. (ii) Verify compliance with applicable codes, laws, and standards. (iii) Submit to "CITY" a final detailed breakdown of probable construction costs. (iv) Submit a probable schedule of construction. (v) Prepare, with assistance from the "CITY ", Supplementary General Conditions and Special conditions for "PROJECT ". (vi) Supply five (5) complete sets of final construction documents to the Utilities Department for final review and approval. (vii) Schedule of drawings. (2.) Final drawings will be completed, including all necessary schedules and details following accepted engineering practices. All drawings will be on 22 -inch x 34 -inch sheets and will include both a standard scale notation and a visual scale (for microfilming). (3.) Specifications will be written in "CONSULTANT'S" choice of format, subject to the following requirements and approval of the Utilities Department: (i) Sixteen Division format. Each Division shall be divided into Sections as appropriate. The CSI three part Section ( "GENERAL'; "PRODUCTS "; "EXECUTION ") organization be used within each Section, as well as the five digit Section designation numbers. (iii) Page size shall be 8% -inch x 11 -inch, printed single sided. (iii) Specify quality products using proprietary product names, followed by the words "or equal'; ol shall specify a minimum of two (2) acceptable manufacturers or products, which are equally suited for the particular application. (iv) Use "short form" specifications, brief and concise, omitting lengthy descriptions of materials or methods. E 0 (v) Master specifications, including computer programmed master specifications, if used, shall be pre - edited as required to fit the tequirements of the "PROJECT ". L Acceptance of Construction Documents Upon approval and signature by the Director, the final design documents will be considered accepted. (1:) Furnish "CITY" with mylars of the final plans along with the originals (camera ready) of both the specifications and bid proposal. (2.) Answer questions from bidders regarding the content or interpretation of the drawings and specifications. (3.) Prepare necessary revisions and clarification to the drawings and specifications and any resulting addenda. (4.) Attend and assist "CITY" at required pre -bid meetings. 3. SERVICES DURING CONSTRUCTION a. Pre - Construction Meetings Attend or send a qualified representative to "CITY" for a pre - construction conference, to be announced subsequent to award of Contract. b. Clarification of Construction Documents Upon written request of "CITY ", prepare any required clarification drawings or written interpretations of the construction Contract Drawings and Specifications required to adequately demonstrate the full intent of the Contract Documents and to interpret and clarify the Construction Contract Drawings and Specifications and General and Supplemental General conditions as necessary for the proper execution or progress of the work. Any interpretations and clarifications will neither change the intent of the construction Contract Documents nor authorize the expenditure of additional funds. Also, "CONSULTANT"' shall be available for field questions via telephone from "CITY's" designated representative concerning minor changes or interpretation of the design. c. Shop Drawing Review Provide prompt review of contractor's submittals of shop drawings, samples and product data to determine conformance with the design concept and information given in the Construction Contract Documents. "CONSULTANT" shall note approved substitutions and variations from "PROJECT" specifications and make appropriate corrections as required. Copies of all submittals will be forwarded to "CITY" for final approval and distribution. "CONSULTANT" shall also review submissions of sub - contractors, material suppliers, project phasing and schedules. d. Site Visits "CONSULTANT" shall make up to fifteen (15) field visits to the construction site(s) to attend progress meetings and /or answer design questions. Based upon observations made at the site(s), "CONSULTANT" shall make recommendations to the "CITY" concerning necessary tests or evaluations affecting possible rejection of contractor's work in place or methods of construction. e. Pre -Final Inspection Attend a pre -final inspection of the work site as scheduled by "CITY ". The Construction Phase shall be considered complete when final payments to each prime contractor have been approved by the Utilities Department, or, in the absence of the approved final payment, such other date as may be determined by the Utilities Department. f. Preparation of Operations and Maintenance Manual Prepare an operations and maintenance (O &M) manual outlining the frequency of maintenance, product literature of products used during construction, repair methods, repair procedures, including for small tears and holes in the floating cover material. g. Training of City Staff This task shall include the training of "CITY" staff for the operation and maintenance items. Use of graphs, videos, slides and other handout materials is encouraged. The training shall be hands on training. "CONSULTANT" shall allow a minimum of three (3) days for training. h. Project Record Drawings No later than three (3) months after completion of the construction phase, transmit to "CITY" a complete set of "PROJECT" Record Drawings or similar material, prepared from information supplied by each of the prime construction contractors; per requirements in the Construction Contract Documents. III. DUTIES OF THE CITY In order to assist "CONSULTANT" in the execution of his responsibilities under this Agreement, "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 germane to the proper preparation and completion of "CONSULTANT's" defined duties. B. Survey records and easement information, as are available and appurtenant to "PROJECT ". C. Design criteria, hydraulic data and other technical information, as are available and appurtenant to "PROJECT ". D. Assist "CONSULTANT" with interpretation of "CITY" standards and design criteria. Meet with "CONSULTANT" as necessary to provide input or direction on matters pertaining to completion of specifications and final construction plans. • 0 E. Act as Project Manager and provide construction administration and field inspection on proposed "PROJECT ", once designed and awarded for construction. F. Provide blueprinting, CADD plotting, copying and other services through "CITY's" reproduction company for each of the required submittals and for bidding purposes. "CONSULTANT" will be required to coordinate the required submittals and bid plans with the "CITY's" reproduction company, Banana Blueprint. Each reproduction request must be approved before services are provided. G. "CONSULTANT" shall arrange times so "CITY" staff can meet with "CONSULTANT" to review plans, specifications and other documentation provided by "CONSULTANT" relative to "PROJECT ". "CITY" will return all comments within seven (7) calendar days. H. "CONSULTANT" will have plans and specifications approved and signed by the Utilities Director by March 1",1995. Liquidated damages accrue as of 5:00 PM March 150, 1996. IV. PROJECT MANAGER "CONSULTANT" shall assign the tasks of this project to a Project Manager, who will coordinate all phases of the "PROJECT ". The Project Manager shall be available to "CITY" at all times. "CONSULTANT" has designated Steve Tedesco, P.E. to be Project Manager. No change in this assignment is to be made by "CONSULTANT" without prior written consent of "CITY ". V. TIME OF COMPLETION AND LIQUIDATED DAMAGES "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. All work, with the exception of the construction phase services required to advertise for construction shall be completed no later than March 1", 1996. It is mutually agreed by "CONSULTANT" and "CITY" that liquidated damages of three hundred dollars ($300.00) per calendar day shall be assessed "CONSULTANT" for delays beyond the above specified completion date. Said damages shall be deducted from "CONSULTANT'S" fee. Provided, however, that "CONSULTANT" shall not be responsible for damage or delay in performance caused by events beyond "CONSULTANT's" control. 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 ", including "as- built" drawing preparation. VI. OWNERSHIP OF DOCUMENTS Original drawings and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than for this "PROJECT ", or any use of incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be made available to any individual or organization by "CONSULTANT" without prior written approval by "CITY ", unless required by subpoena. • u "CONSULTANT" may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. "CONSULTANT" is granted permission to show prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VII. 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 101 Pacifica, Suite 150, Irvine, California, 92715. 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. VIII. SUBCONTRACTORS 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 "CTTY" 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 ". C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the services of a private geotechnical firm, private landscape architect, and covering construction. Said geotechnical firm, Converse Consultants, Inc., said landscape architecture firm, Lynn Capouya, and said construction consultant, C. W. Neal, Inc., hereinafter referred to as "SUBCONSULTANT's ", shall be directed and compensated by "CONSULTANT" as if said firm were a direct employee of "CONSULTANT ". 1. Compensation for "SUBCONSULTANT's" services shall not be more than twenty- eight thousand five hundred dollars ($28,500.00) and shall be paid in accord with the limits of the "not -to- exceed" fee listed herein below. No additional compensation shall be made therefor. • i 1X. 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 the amount of one ... . hundred and ninety -two thousand ($192,000), inclusive of the subcontract services defined herein, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Principal.............................................................. ............................... $135.00 Sr. Project Manager /Sr. Managing Engineer ............................... 125.00 Project Manager /Managing Engineer ........... ............................... 115.00 Project Engineer /Sr. Project Coordinator ...... ............................... 98.00 Senior Engineer /Project Coordinator ............ ............................... 100.00 SeniorEngineer .................................................. ............................... 88.00 Engineer U and III ............................................. ............................... 80.00 Designer /CAD Operator /Engineer I ............. ............................... 75.00 Designer /Draftsperson .............................................. : ........... ......... 65.00 Draftsperson....................................................... ............................... 60.00 Technician................................ ............................... .......................... 48.00 Sr. Construction Inspector ............................... ............................... 62.00 Construction Inspector ..................................... ............................... 56.00 Planner................................................................ ............................... 88.00 Mapping Coordinator ....................................... ............................... 78.00 Word Processing /Administrative Support ... ..............:...............1 45.00 Chief of Surveys ................................................ ............................... 95.00 Two-Man Survey Party ................................ -- ............... ................ 150.00 Three -Man Survey Party ...................................... ......... :................. 200.00 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 Project Manager for "CITY". 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 Project Manager for "CITY ", and other reasonable expenses where such costs have been advanced by "CONSULTANT" and approved in advance by "CITY ". 1. "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within thirty (30) calendar days 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 "CONSULTANT's" personnel on such equipment shall be paid on the.basis of the "FEE SCHEDULE" herein above. 10 0 '• X. ADDITIONAL SERVICES No change in character, extent, or duration of the work to be performed by "CONSULTANT" shall be made without prior written approval from "CITY ". In consideration for performance of additional services authorized by "CITY" in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase in the total compensation exceeding thirty thousand dollars ($30,000) shall require that an amended Agreement for such additional services be executed by "CONSULTANT" and "CITY". XI. 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 make transcripts therefrom as deemed necessary at "CITY's" cost, and allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XII. 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; 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, unless "CITY" waives this requirement. 1. An appropriate industry -wide insurance rating standard shall be deemed Best's Key Rating Guide, latest edition. 11 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 $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; 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. 12 XIII. 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. XIV. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. XV. 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 ". XVI. 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. 13 • 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City Attorney ATTEST: Wanda Raggio City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 (714) 644 -3011 (714) 646 -5204 fax City of Newport Beach, a municipal corporation —7 John Hedges, Mayor "Cl= ASL Consulting Engineers a California Corporation !rnindpal .. • 14 ASL Consulting Engineers One Jenner Street Suite 200 Irvine, California 92718 (714) 727- 7099 (714) 727 -7097 fax SR MOM A UZZ. r_ J CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT `T FROM: CITY CLERK DATE: April 10, 1995 SUBJECT: Contract No. C -3037 Description of Contract Professional Services Agreement for Big Canyon Reservoir Floating Cover Effective date of Contract March 27, 1995 Authorized by Minute Action, approved on March 27, 1995 Contract with ASL Consulting Engineers Address One Jenner Street, Suite 200 Irvine, CA 92718 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach E MAR 2 7 P95 TO: Mayor & Members of the City Council FROM: Utilities Department • March 27th, 1995 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: PROFESSIONAL SERVICES AGREEMENT (C -3037) DETAILED PLANS & SPECIFICATIONS BY ASL CONSULTING ENGINEERS BIG CANYON RESERVOIR FLOATING COVER PROJECT RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the City, with ASL Consulting Engineers to design and prepare detailed Plans and Specifications for the Big Canyon Reservoir Floating Cover Project for a cost not to exceed the total fee of $192,000. GENERAL BACKGROUND: The Metropolitan Water District of Southern California (MWD) and the other joint owners of the San Joaquin Reservoir are in the process of covering that reservoir. Almost all of the water the City receives from MWD is first stored in the San Joaquin Reservoir. Covering the reservoir is necessary to meet health requirements established by the State and will allow MWD to change the water disinfection process to chloramination (a mixture of chlorine and ammonia) instead of the current free chlorine disinfection system. This alternate disinfection process will improve water quality and reduce unpleasant tastes and odors in the water. A large slope failure occurred in the San Joaquin Reservoir recently. The San Joaquin Reservoir Covering Project has been delayed because of this recent event. However, it is estimated that slope repairs and reconfigurations needed to cover the San Joaquin Reservoir can be completed by Summer 1997. The State of California, Department of Health Services is also requiring the City of Newport Beach to cover the Big Canyon Reservoir. The same regulations that require a cover on the San Joaquin Reservoir apply to the Big Canyon Reservoir. However, the State recognizes that covering the Big Canyon Reservoir before the MWD project is complete, would not provide any water quality benefit to the City or the public. Staff is attempting to implement a cover project for Big Canyon Reservoir that will immediately follow the San Joaquin Reservoir Project. (31;P) Page 2 Professional Services Agreement (C -3037) Big Canyon Reservoir Floating Cover March 27 . 1995 In order to meet the desired schedule, the City prepared an initial study pursuant to CEQA requirements. The City also solicited public input on the project and its alternatives by conducting two public scoping hearings about the proposed project. As a result of the study, a Mitigated Negative Declaration was prepared and approved by the City Council on June 27', 1994. The Council also directed staff to solicit proposals for the design necessary for implementing the floating cover project at the Big Canyon Reservoir. Following the direction from Council to implement the project, staff has solicited statements of qualifications from design professionals and has completed the selection process to recommend a firm to complete the design. THE SELECTION PROCESS: To initiate the design phase of the project, staff implemented a "qualifications -based selection" (QBS) process for the necessary professional engineering design services. The QBS process was provided for by the Federal Government in 1972 under Public Law No. 92 -582. This law, known as the Brooks Architect- Engineering Act of 1972, specifically addressed the process of selecting architects and engineers based on qualifications. This was done recognizing that these services relate directly to project issues affecting public health and safety, such as buildings, structures and public water supplies. In 1989, the Brooks Act was amended by the Federal Government under Public Law No. 100 -656. California enacted legislation to conform to the revised Federal Law under SB -419, which was also enacted in 1989. This bill amended the Government Code, Section 4526. As a result, California law provides for a QBS process for any political subdivision or state or local agency in California. In effect, this precludes "bidding' for professional engineering services. Instead, it requires that consultant's be selected on criteria relating to competence, experience, ability and qualifications. A key excerpt from Section 4526 of the State Government Code reads, 'Notwithstanding ............ .........selection by a State or local agency for professional services of private architectural, engineering, land surveying, or construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required." The City of Newport Beach has a procedure for obtaining professional services. The Public Works and Utilities Departments use essentially identical procedures to obtain professional engineering services. In keeping with this procedure, the City solicited "statements of qualifications" from a number of professional design firms. Based on these "statements of qualifications" proposals were solicited from five of the most qualified firms. This was done by written "requests for proposals" or RFP's. A copy of the project RFP is attached as Exhibit "A'. 0 Page 3 Professional Services Agreement (C -3037) Big Canyon Reservoir Floatin Cover March 27k. 1995 The Five firms that were invited to propose were selected based on their previously submitted statements of qualifications and experience. Four of the firms submitted responses to the request for proposals. The firms submitting proposals were: ASL Consulting Engineers, Boyle Engineering Corporation, Montgomery- Watson, Inc., and Brown & Root, Inc. The written proposals were reviewed by the Utilities Department Selection Committee. The committee was comprised of the Utilities Director, Deputy Utilities Director, the Water Operations Superintendent and the Big Canyon Reservoir Operations Supervisor. On the basis of a detailed ranking of the various firms, the selection committee chose ASL Consulting Engineers as the most qualified firm to perform the required professional services to complete the design of the reservoir cover and to prepare plans and specifications for its construction. The numerical ranking of the selection committee and criteria is attached as Exhibit "B ". A summary discussion of the detailed criteria used to evaluate qualifications of the four engineering firms is also provided as an attachment to this report. Refer to Exhibit "C ". The key areas of review and evaluation were: 1. Proposal Content 2. Project Experience 3. Project Team & Staff Expertise 4. Project Understanding & Design Approach 5. Project Management 6. Proposal Preparation & Responsiveness 7. Labor Costs & Fee The most highly qualified firm for this project was selected based on the listed criteria and their abilities demonstrated on other similar projects in the past. A key factor was their project team, which included a member who has previous design and construction experience with the covering system and installations similar to the one proposed for the Big Canyon Reservoir. The firm, ASL Consulting Engineers, has a team of exceptionally qualified, technical professionals and designers who have extensive experience with similar reservoir covering projects. As a result, the selection committee believes that the consultant's team will be able to best provide a high quality, cost - effective, timely, professional design product. CONSULTANT SERVICES & SCHEDULE: The proposed Professional Services Agreement with ASL Consulting Engineers provides for: preparation of a preliminary design report; preparation of detailed specifications; preparation of detailed construction plans: written special provisions for project construction; compilation of contract documents suitable for bidding and awarding a contract for construction; and construction management assistance. A copy of the professional services agreement is attached as Exhibit "D ". 0 0 Page 4 Professional Services Agreement (C -3037) Big Canyon Reservoir Floatlrt Cover March 27 , 1995 If approved, the design effort can commence almost immediately. The completion of the overall project requires that the consultant's plans and specifications be completed and ready for advertising for bids by May 1st, 1996. Construction is scheduled to start September 1996, with completion of the covering project construction in January or February 1997. This schedule mirrors the anticipated completion of MWD's San Joaquin Reservoir Covering Project and will allow the City to meet the State requirements for implementing this water quality improvement project as soon a possible after the San Joaquin Project. STAFF RECOMMENDATION & FUNDING: The City has been anticipating this project for a number of years and has set aside funds in the Water Enterprise Fund Reserve Account to help pay for it. Funds for the design are available in the Water Enterprise Fund under Capital Projects Account No. 7502 P 500 087 A. This project must be completed in order conform with current and future water quality regulations established by the USEPA and the State of California. Staff recommends approval of this design contract. Respectfully submitted, ,.., eizp =rArje^rcT Jeff Staneart, P.E. Utilities Director mjs:sdi Exhibits: "A ": Request for Proposals "B ": Proposal Evaluation Criteria & Matrix Discussion "C ": Evaluation Matrix "D ": Professional Services Agreement REQUEST FOR PROPOSAL FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE BIG CANYON RESERVOIR FLOATING COVER January 1995 0 PROPOSAL SCHEDULE 0 RFP's mailed ...................................... ............................... .........................January 26, 1995 Proposals submitted ..................................................... ............................... March 2,1995 Interviews....................................................................... ............................... March 9,1995 Selection........................................................................ ............................... March 14,1995 Award of Contract ...................................................... ............................... March 27, 1993 E INDEX 0 SECTION PAGE I. Objectives ....................................................................... ..............................1 II. Purpose ........................................................................... ..............................1 III. Available Information ................................................. ..............................I IV. Consultant's Representative ........................................ ..............................1 V. City's Representative .................................................... ..............................2 VI. Expenses ............:............................................................ ..............................2 VII. Schedule of Work .......................................................... ..............................2 VIII. Insurance Requirements ............................................... ..............................2 IX. Proposal Requirements ................................................ ..............................3 X. Interviews ....................................................................... ..............................4 XI. Scope of Work and Fee Phase I Preliminary Design Phase .............................. ..............................4 Preliminary Assessment ......................................... ..............................4 Field Design Surveys ....................................... .............................. 4&5 Site Investigation ..................................................... ..............................5 Preliminary Report ................................................. ..............................5 Project Management .............................................. ..............................5 Meetings................................................................... ..............................5 Phase II Final Design Phase ......................................... ..............................6 Review for Utility Search ....................................... ..............................6 AcquirePermits ....................................................... ..............................6 Preparation of Plans and Specifications ............... ..............................6 Submission of Plans and Specifications ............... ..............................6 WorkSchedule ......................................................... ..............................7 Preparation of Final Plans and Specifications ..... ..............................7 Construction Documents ................................ .............................. 8&9 Acceptance of Construction Documents .............. ..............................9 Phase III Services During Construction ..................... ..............................9 Pre - Construction Meetings .................................... ..............................9 Clarification of Construction Documents ........... .............................10 Shop Drawing Review ........................................... .............................10 SiteVisits ................................................................. .............................10 Pre-Final Inspection ............................................... .............................10 Preparation of Operations and Maintenance Manual ...................11 Training of City Staff ............................................. .............................11 Project Record Drawings ....................................... .............................11 XII. Evaluation Criteria ....................................................... .............................11 0 9 L OBJECTIVES The City of Newport Beach would like to implement a floating cover system for the potable water storage at Big Canyon Reservoir. This action is necessary to meet existing and future water quality standards. This request for proposal (RFP) defines general proposal requirements. IL PURPOSE The purpose of this project is to implement a floating cover system for potable water storage at the City's 200 million gallon Big Canyon Reservoir, thus complying with requirements of the Safe Drinking Water Act and several other newly promulgated water quality standards. The Big Canyon Reservoir is owned and operated by the City of Newport Beach and is located north of Pacific View Drive and east of San Miguel Drive. The reservoir water is purchased from the Metropolitan Water District of Southern California (MWD) and is transmitted via pipelines from MWD's regional transmission facilities. The majority of the water received from MWD is first stored in the San Joaquin Reservoir, which has been experiencing water quality problems. Since Big Canyon Reservoir obtains its water from San Joaquin Reservoir, it also has water quality problems. The San Joaquin Reservoir is being covered and construction is expected to be completed by late 1996. The covering of San Joaquin Reservoir will substantially improve the water quality at Big Canyon Reservoir and the proposed covering of the Big Canyon Reservoir would help maintain this water quality and reduce water treatment requirements. III: AVAILABLE INFORMATION The City will provide copies of all available record information on file at the City. Any necessary surveys to determine elevations of existing features or invert elevations, beyond those specified in the Scope of Work, will be performed by the City, or by the Consultant for an additional fee. IV. CONSULTANT's REPRESENTATIVE The Consultant will assign a responsible representative and an alternate, who both shall be identified in the proposal. The Consultant's representative will remain in responsible charge of the Consultant's duties from contract negotiations through project completion. If the Consultant's primary representative should be unable to continue with the project, then the Consultant's alternate representative will become the primary representative. Any other changes in responsible representative must be approved by the City. The City will have the right to reject other proposed changes in personnel, and may consider any other changes in responsible personnel as a breach of contract. RFr -1 0 0 V. CTTY's REPRESENTATIVE The City has assigned the Deputy Utilities Director as the Project Manager for the Big Canyon Cover Project. He will be responsible for all coordination between the Consultant and the City and will be the main source of information regarding the City's system. Any and all correspondence or communications with the City should be directed through the Deputy Utilities Director. VI. EXPENSES The only authorized expenses are those listed below. The City will pay cost (plus 10%) for authorized expenses. The Consultant's expenses for travel, in -house reproduction, other reproduction used in the design process, or any other expenses not listed below will be considered as non - reimbursable, overhead expenses. A. Submittal and final printing B. Special exhibits (upon City's request) VII. SCHEDULE OF WORK The firm proposing should include a work schedule showing design completion by March, 1996. Community meetings and City Council action should not be included in the schedule. City review will be done three times for a duration of three weeks each. The final schedule item should be "Final Revisions". If it is determined later that a community meeting is necessary, the schedule will be modified accordingly. The Consultant will not be held responsible for delays on the part of the City. VIII. INSURANCE REQUIREMENTS The Consultant shall maintain the following minimum insurance coverages for the entire duration of the project, to be submitted on a City provided Insurance Certificate form: A. General Auto Liability Coverage - $1,000,000 CSL (Combined Single Limits) per occurrence (note: If provided coverage is under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000). B. Professional Liability Coverage - $1,000,000 per occurrence (Note: A "claims made" policy is acceptable). C. Worker's Compensation Coverage - Statutory limits and employer liability of $1,000,000. Mai • • IX. PROPOSAL REQUIREMENTS Proposals must be delivered to the City of Newport Beach, Utilities Department, located at 949 W. 16th Street, Newport Beach, no later than 4:00 p.m. on March 2nd, 1995. Five (5) copies of the proposal should be submitted in a sealed envelope. Proposals should contain no more than 25 typed pages, including resumes, but excluding tables, charts and graphic exhibits. The purpose of these restrictions is to minimize costs of proposal preparation and help ensure that proposal material is relevant to this project. Proposals exceeding the specified limitations will not be evaluated. The hours and fees portion of the proposal should be no more than five (5) pages, clearly indicating labor and cost breakdown. The proposal should include a detailed itemization of costs and labor hours by task and billing classification. A matrix format should be used. The following features shall be included or incorporated in the proposal: A. Page numbering B. Index C Team organization chart with names D. Graphic schedule E. Approach to project F. Method of analysis G. Descriptions of past similar projects performed by key personnel H. Brief resumes of key staff I. Description of product J. Proposed completion schedule K. Proposed labor breakdown by project task L. Proposed fee schedule by labor class M. Proposed fee by task and total X. INTERVIEWS . A small number of firms will be selected for interview. All firms submitting proposals will be notified of the selections made on March 14, 1995. RFP -3 • 11 The interview will allow firms to demonstrate their ability to produce the required product. Any form of presentation may be used, however the most effective presentation will demonstrate experience and ability of key personnel and samples of the proposed product. Interviews will be limited to one (1) hour. The interview will begin with the proposing firm's presentation, and followed by questions from City staff. XI. SCOPE OF WORK AND FEE The items of work Isted below will be performed one of two ways: either a fixed fee basis or an hourly, not to exceed, basis. Costs of items not specifically listed, but which must be accomplished to complete the work described below should be included with other items of work. PHASE PRELINIINARY DESIGN PHASE Preliminary Assessment Develop a detailed assessment of each aspect of the proposed Scope of Work in order to select the most feasible and efficient type of cover system and associated facilities (drainage, lighting, fencing and floor lining or repair patterns, anchoring, fastening, and maintenance of various flexible cover systems). Field Design Surveys Obtain property surveys, elevation of bench marks, and topographical information, by field survey or aerial photography. Including all related note reductions, plotting, analysis, and interpretations as needed for project design. As a minimum, this shall include: a. Dimensional location of property lines to a fixed, easily located, ,,permanent" point or object at intersections. b. Provision of both pictorial and literal station locations and distances of all objects within survey boundaries to provide a cross check. True north shall be indicated as a point of reference. c. Extend all survey information at least ten (10) feet through intersections in all directions. d. Indicate if street is paved on centerline by dimensional reference to curb or property line (right -of -way line) and running lines or building lines. e. Identification of all manholes by utility or company name. Itz—, f. Include types of paving existing on all streets with all transition changes located. g. Give all numerical addresses where possible, and indicate if empty lots exist. h. Specify material and utility of poles contained in or possibly affected by survey area. i. Include all angles turned at intersections and directional changes made on running lines or base lines with reference to true centerline of streets. j. All elevations shall be tied to U.S.G.S. Datum. Site Investigation Obtain all site information necessary for the design work. This work shall include activities such as, but not limited to, utility research and verification. Submit five (5) copies of all boring information, analyses, and reports as part of the Pre -Final Design submittal requirements. Preliminary Report Prepare a detailed report including estimated costs, preliminary layout drawings, manufacturers' information, an implementation schedule and recommendations, as an end product to this phase. Project Management Submit monthly reports describing work progress, work remaining and remaining project budget. Meetings The Project Manager shall meet with City staff, a minimum of once a month for the duration of the project. PHASE II FINAL DESIGN PHASE Upon approval of the preliminary design report, preparation of detailed engineering plans, specifications and final cost estimate the project will be complete. Review for Utility Search Review drawings of existing facilities. RFP -s 0 Acquire Permits 0 Acquire permits required from the various agencies. Coordinate the work with the Division of Safety of Dams, Department of Water Resources, State of California. The City will provide assistance and all application and permit fees. Preparation of Plans and Specifications Prepare plans, specifications and contract documents for the above mentioned project. The plans shall include accurate, measured drawings (including property lines, utilities, sections and elevations) of the proposed work and the site. Plans and specifications shall also include pedestrian protection and traffic control. Submission of Plans and Specifications Submit five (5) copies each per submittal, of all drawings and specifications to adequately size, locate and describe all elements of the project for review and approval, including the following: a. All drawings are to be at the appropriate scale; outline specifications required to locate and describe all site improvements, equipment and utilities. b. An updated, itemized breakdown of probable construction costs. c. An updated project master schedule, including recommendations regarding time to carry the project through completion of Bidding /Award of Contract. d. Recommendations to City on any required changes in space allocation, materials, layout or budget. Work Schedule Prepare an updated schedule of work progress, review dates, submittals, and completion of work. Prepare and submit to the Deputy Utilities Director monthly outlines of all work undertaken during the month. Submittals will consist of any models or photographs, drawings, sketches, specifications, or work outlines required to adequately describe work progress. Preparation of Final Plans and Specifications Prepare the necessary documents from the previously approved preliminary design, incorporating the City's recommendations, the mutually agreed preliminary budget, and any applicable standards. a. Furnish five (5) copies each per request for final approval: RFP-6 9 0 (i) All drawings, at appropriate scales, and outline specifications required to completely and accurately size, locate, and describe all site and building development, all building systems, typical construction details, all required details for special construction including plans, profiles, sections (both full and partial), wiring diagrams and structural details. (ii) An updated, detailed report of the subsurface site investigation performed including boring logs, if necessary. (iii) An updated, itemized breakdown of probable construction costs. (iv) An updated project schedule. (v) An outline of deviations from the approved preliminary design and budget. (vi) Recommendation to the City on any required changes in program or budget. (vii) Obtain and submit to the City copies of all required letters of approval and permits due from all concerned local, county, state, and federal agencies, departments or commissions. Construction Documents Based upon the approved final design documents and any further adjustments in scope or quality of construction, or in the project budget authorized by the Deputy Utilities Director, prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of each project as well as the bid proposal prepared by Consultant. Consultant's front end documents will be used. The City will be selling the contract documents to the prospective bidders. a. During the construction documents phase, perform the following: (i) Prepare the final contract documents from the approved final design documents in accordance with the City's established General Contract Conditions and contract forms, all items of work clearly identified to the specific contract. (ii) Verify compliance with applicable codes, laws and standards. (iii) Submit final probable construction cost estimates. (iv) Submit a probable schedule of construction. RFP -7 11 • (v) Prepare, with assistance from the City, Supplementary General Conditions and Special Conditions for this project. (vi) Supply five (5) complete sets of final construction documents to the Deputy Utilities Director for final review and approval. (vii) Schedule of drawings. b. Final drawings will be completed, including all necessary schedules and details following accepted engineering practices. All drawings will be on 24 -inch x 36 -inch sheets and will include both a standard scale notation and a visual scale (for microfilming). c. Specifications will be written in a modified Green Book format and shall include the following: (i) Page size shall be 8 3/z -inch x 11 -inch, printed on one side. (ii) Specify quality products using proprietary product names, followed by the words "or equal "; Qr specify a minimum of two (2) acceptable manufacturers or products, which are equally suited for the particular application. Acceptance of Construction Documents Upon approval and signature by the Director, the final design documents will be considered accepted. a. Furnish the City with mylars of the final plans, along with the originals (camera ready) of both the specifications and bid proposal. b. Answer questions from bidders regarding the content or interpretation of the drawings and specifications. c. Prepare necessary revisions and clarification to the drawings and specifications and any resulting addenda. d. Attend and assist the City at required pre -bid meetings. This would conclude the Final Design Phase. PHASE III SERVICES DURING CONSTRUCTION Pre - Construction Meetings Attend or send a qualified representative to the City for a pre - construction conference, to be announced subsequent to award of contract. We.] 0 0 Clarification of Construction Documents Upon written request of City, prepare any required clarification drawings or written interpretations of the construction Contract Drawings and Specifications required to adequately demonstrate the full intent of the Contract Documents and to interpret and clarify the Construction Contract Drawings and Specifications and General and Supplemental General conditions as necessary for the proper execution or progress of the work. Any interpretations and clarifications will neither change the intent of the construction Contract Documents nor authorize the expenditure of additional funds. Also, Consultant shall be available for field questions by telephone conversation from the City's designated representative concerning minor changes or interpretation of the design. Shop Drawing Review Provide prompt review of construction contractor's submittals of shop drawings, samples and product data to determine conformance with the design concept and information given in the Construction Contract Documents. Consultant shall note approved substitutions and variations from the project specifications and make appropriate corrections as required. Copies of all submittals will be forwarded to City for final approval and distribution. Consultant shall also review submittals of sub - contractors, material suppliers, project phasing and schedules. Site Visits Consultant shall make up to fifteen (15) field visits to the construction site(s) to attend progress meetings and /or answer design questions. Based upon observations made at the site(s), Consultant shall make recommendations to the City concerning necessary tests or evaluations affecting possible rejection of Contractor's work in place or methods of construction. Pre -Final Inspection Attend a pre -final inspection of the work site as scheduled by the City. The Construction Phase shall be considered complete when final payments to each prime contractor have been approved by the Deputy Utilities Director, or, in the absence of the approved final payment, such other date as may be determined by the Deputy Utilities Director. RFP -9 Preparation of Operations and Maintenance Manual Prepare an operations and maintenance (O&M) manual outlining the frequency of maintenance, product literature of products used during construction, repair methods, repair procedures, including for small tears and holes in the floating cover material. Training of City Staff This task shall include the training of City staff for the operation and maintenance items. Use of graphs, videos, slides and other handout materials is encouraged. The training shall be hands on training. The Consultant shall allow a minimum of three days for such training. Project Record Drawings No later than three (3) months after final completion of the construction phase, transmit to the City a complete set of Project Record Drawings or similar material, prepared from information supplied by each of the prime construction contractors; per requirements in the Construction Contract Documents. XIL EVALUATION CRITERIA The City practices a modified qualifications based evaluation system for the selection of firms to provide professional services. Evaluations of proposals will be based on the quality of the proposal, proposed project team, content of the proposal, project approach and the proposed hourly rates and total "not to exceed" fee. Only firms thought to be qualified have been asked to submit proposals. RFP -10 0 L� Professional Engineering Services Big Canyon Reservoir Covering Project Evaluation Criteria Selection Matrix Discussion Summary: Proposals were received from four (4) firms that were requested to submit proposals for the subject project. These firms were selected based on previously submitted "Statements of (Qualifications ". The four (4) firms which submitted proposals are listed below: 1. ASL Consulting Engineers, Inc. (ASL) 2. Boyle Engineering Corporation (BEC) 3. Montgomery Watson, Inc. (Montgomery) 4. Brown and Root, Inc. (B&.P� Proposals were reviewed by the selection committee and ranked based on the content of their proposals with respect to the following items: prior experience performing similar services, project team experience, expertise and completeness relating to the discussion of their project design and project management approach. Based on a complete analysis of the written proposals, all four (4) proposing firms, ASL, BEC, Montgomery and B&R, were deemed capable of performing the work required for this project. After careful review, the selection committee recommends ASL be awarded the design contract. This recommendation is based on the quality of ASL's proposal with respect to their project approach, their ability to provide effective coordination with regulatory agencies, their previous experience with similar projects, and their proposed design fee. In addition, ASL is familiar with City staff and the City's requirements for design details and project coordination. Similarly, the City is familiar with ASL's team and their abilities to perform quality work. A ranking evaluation matrix is attached. The following paragraphs describe the rationale behind the ranking in each category. Ex Kt a1 r g IXIK Project Understanding E Page 2 Professional Services Agreement Big Canyon Reservoir Floating Cover Project Consultant Matrix Criteria It is imperative that the full scope and extent of the Project is clearly identified and understood by the Consultant in their written proposal. All four (4) Consultants had a good understanding of the necessary scope of work required for the project. Understanding the scope of work will be a major factor in the Consultant's ability to effectively manage and organize the required preliminary and final design tasks as well as the required construction services. Project Experience The proposing firms were ranked on recent project experience relative to installation of floating covers on large open bodied reservoirs. Experience with similar projects was a large element in determining the ability of the Consultant. More weight was given to firms who had multiple project experience, with a greater emphasis on the firm's efforts in California. Project Team & Expertise The project staff and their respective qualifications are a key qualification requisite for this project. The work experience of the individual professional staff members is vital to the success and efficiency of the project. Given the complex nature of this project, the experience and capability of the project team affects other key areas of the project, such as the ability of the Consultant to meet and complete the required tasks and provide efficient project coordination with the City. One (1) firm had key team members that have previous design experience with the City. ASL has recently completed the design of the Ground Water Development Project's Transmission Main Reach Nos. 2 and 3. Members of the project team from these designs will be assisting in the successful completion of the covering project. Project Management Approach The importance associated with the coordination and management that is required to complete the various aspects of this project are vital for project success. It was considered mandatory that the successful firm provide a knowledgeable, experienced and competent project manager. All four (4) firms indicated in their proposal a commitment to provide a proven project manager with direct, applicable, project management experience on design of similar projects. The Project Management team of ASL included two principals from the firm. NM -2 Page 3 Professional Services Agreement Big Carryon Reservoir Floating Cover Project Consultant Matrix Criteria Proposal Preparation & Responsiveness During the proposal process, a City representative met with all four (4) firms to provide additional information regarding the Project and to discuss their proposed approach and resources to be provided for this project. It was during this time that City staff was able to ascertain the Consultants' understanding of the Project and the required design services. Based on the discussions conducted at these meetings and the resulting written proposals, based on those discussions, the firms were ranked accordingly. B&R and BEC were somewhat unresponsive in their written preparation. Montgomery was responsive and made a diligent effort to indicate an understanding of the Project with City Staff. However, ASL was the most responsive and their written proposal clearly reflected the specific design needs discussed at the proposal meetings and incorporated all of the elements sought in the City's "request for proposals ". In addition, Interviews were held for Montgomery and ASL to better understand the overall project team for both firms. ASL was the unanimous decision for "best project team ". Labor Costs & Fee Fees, as well as average labor costs, are an indicator in the evaluation of the Consultants' fees to assure that appropriate time is committed to complete the designated tasks within a "not -to- exceed" fee contract. An analysis of the total hours allotted for each project task was performed. This was done to get an idea of the completeness and level of effort each Consultant proposed to place on the various Project task components. The review looked at both the number of hours, assigned personnel and hourly rates for various team members. The indicator in the evaluation matrix looked at the average weighted hourly labor cost for the total effort related to the project. In this analysis, it appears one (1) firm, ASL, would provide the most thorough design value for the proposed fee. NM -3 0 0 Professional Engineering Services Big Canyon Reservoir Floating Cover Project Evaluation Matrix PROPOSAL CONTENT ASL Consulting Boyle Engineering Montgomery/ Watson Brown and Root lnc. Engineers Corporation Weights Related Project Experience 4.0 3.0 4.0 3.0 25.00% Project Staff Assigned & Team Expertise 5.0 3.0 4.0 2.5 25.00% Grasp of Project Requirements 5.0 2.5 4.5 3.0 10.00% Approach to Protect Management 4.0 3.0 5.0 2.5 10.00% Proposal Preparation & Responsiveness 4.0 2.5 3.5 2.0 20.00% Proposed Labor Breakdown 4.5 2.0 4.0 1.0 10.00% Fee & Costs $192.000 $90.926 $265,500 $361,368 Proposed Staff Effort (murs) 2,123 916 2.453 3,148 Average tabor Cost. $78.37 $94.02 $102.49 $100.50 Total Weighted Score 4.40 2.75 4.05 2.43 100.00% Rankings: I - Fair 2 - Average 3 - Good 4 - Very Good 5 - Excellent Ex k G rr BIG CANYON RESERVOIR COVERING AND DISINFECTION FACILITIES AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. (formerly ASL Consulting Engineers) This AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into thiso hday of August, 2002, by and between the City of Newport Beach, a municipal corporation, (hereinafter referred to as "CITY ") and Tetra Tech, Inc., whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS: A. On March 27, 1995, City and Consultant, formerly ASL Consulting Engineers, entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for engineering services for the Big Canyon Reservoir Floating Cover Project, hereinafter referred to as 'Project." B. City desires to assign the Agreement to Tetra Tech, Inc., who purchased ASL Consulting Engineers in July 1999. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as Amendment No. 1 as provided here below. Now, Therefore, the parties hereto agree as follows: 1. Section V of the Agreement, Time of Completion and Liquidated Damages, paragraph 1, shall be replaced with the schedule attached in Exhibit B to this Amendment. 2. Section IX of the Agreement, Payment and Fee Schedule: Section B, shall be replaced with the fee schedule attached in Exhibit B to this . Amendment. Section D, Part 2 shall. be deleted from Agreement. i o 3. Section X, Additional Services: Consultant shall perform the additional services to prepare the plans and specification of the Mixing System within the Big Canyon Reservoir and the planned Disinfection System Improvements to operate the covered reservoir, identified in attached Exhibit A dated July 8, 2002. The fee for the additional services identified in this Amendment No. 1 is $129,800. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO ATTEST- I a City Clerk CITY OF NEWPORT BEACH, A municipal corpor�ationf� BY: - i- Mayor TETRA TECH, in BY: Ste a Tedesco Vice President F: \USERS \PBW \Shared\Agreements \FY 02.03 \Tetra Tech - Big Canyon Cover.doc 0 TETRATECH, INC. Exhibit A Infrastructure Services Group July 8, 2002 Michael J. Sinacori, P.E. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Reference: Big Canyon Reservoir Floating Cover Request for Contract Revision and Continuance of Project Dear Mr. Sinacori: The Big Canyon Reservoir Floating Cover project has been on hold for several years now. Tetra Tech, Inc. has a contract for preliminary design, fmal design and construction phase services. On April 10, 1995, we submitted our Preliminary Design Report on the project. As you requested, we have reviewed our existing contract and the work completed to date. After reviewing this information it is our desire to continue the project as the City's Design Engineer. This letter outlines some contract revisions and additions which we believe are prudent to successfully complete this project. We have also included a revised project schedule. Since the completion of the Preliminary Design Report there have been several significant things that have happened in the industry. Ag you may already know, the Department of Health Services (DOHS) issued a report that was extremely critical of the use of floating covers. In fact, the report was recommending that their use be discontinued. In response to this report, the CA -NV Section of AWWA formed a committee and worked closely with the DOHS to prepare a Design and Operations Standard for Floating Cover Reservoirs. Tetra Tech was involved in the review and commenting on this Standard. In addition, several of the reservoirs which were used as a model for Design and Operations were the same projects the City and Tetra Tech visited during the preliminary design efforts. Since the preliminary design stage, Tetra Tech has also completed the design of three additional floating cover projects. Our 2.0 million -gallon project in Palm Desert uses a new cover material called Polypropylene. This material was evaluated in 1995 for the City but it was decided not to use it because it did not have a track record on similar projects. Since then the City has indicated that they prefer to use polypropylene for the cover material. 15241 Laguna Canyor: Road, Suite 20€1, Irvine, CA 92618 Tel 949.727.7099 FAX 949.727 -7097 www.tetratech.com 0 0 TETRA TECH, INC. Infrastructure Services Group Michael J. Sinacori, P.E. July 8, 2002 Page 2 The City wishes to have several digital photo renderings prepared, depicting the proposed improvements to the reservoir site including the cover appearance and landscaping. The photos will be prepared for presentation to the City Council. Tetra Tech has also been involved in evaluating water quality in reservoir projects. We understand that this is a concern of the City staff and that the staff is currently working with McGuire Environmental Consultants and Flow Science on solutions. During recent meetings with the City, McGuire and Flow Science, it was decided that new disinfection facilities "should be constructed. Our revised proposal includes the costs of the civil, structural, mechanical, electrical, and process design of new sodium hypochlorite and aqueous ammonia systems. McGuire is currently evaluating a pilot study using chlorine dioxide disinfection. The final results will be available in November. As a result, Tetra Tech will prepare preliminary design plans and specifications for a chlorine dioxide disinfection system, to be located in the existing chlorine building. The scope and fee for services for the final design plans and specifications will be developed during this effort. The following pages include our proposed scope, fee and schedule revisions. We have also included qualifications from some of our recent chemical feed projects. Tetra Tech is very excited about this project and we look forward to completing it successfully for the City of Newport Beach. If you have any questions please feel free to contact us. Sincerely, /'/ Steve Tedesco, P.E. Vice President SDT /cg J:\ 0606 \055U005sdtRev3.doc(Contract) Attachments 0 1* TETRATECH, INC. Infrastructure Services Group City of Newport Beach Big Canyon Reservoir Floating Cover SCOPE OF'SERVICES The existing contract between the City of Newport Beach and Tetra Tech, Inc, is for a total fee of $192,000. The fee is broken down as follows: Design Phase Services Construction Services $141,967.00 $ 50.033.00 $192,000.00 To date Tetra Tech has completed and billed $75,276.06 on this project including $14,844.25, which was construction phase services for the valve vault structure. Therefore a total of $116,723.94 is remaining. The following additional services are recommended to complete the design phase of the project: • Photo Rendering Study • Mixer and/or Baffle Analysis and Design • Review of latest AWWA DOHS Standards for Floating Cover Design and Operations • Sodium Hypochlorite/Ammonia Feed System • Chlorine Dioxide Feed System Total The revised contract amount will be as follows: Design Construction Total $ 10,000.00 $ 12,800.00 $ 3,000.00 $ 92,000.00 $ Q_0•Q4 $129,800.00 $286,611.25 $ 35- 188.75 $321,800.00 Since our billing rates have significantly changed we request that we be allowed to bill at our current hourly rates attached as Exhibit A. FAUSERSIPBRAShared\Contracts\FY 02- 03\Big Canyon Reservoir Covering and Disinfection Improvements - C- 30371Designu005sdtRev31.doc (Contract) 0 0 1* TETRA TECH, INC. Infrastructure Services Group City of Newport Beach Big Canyon Reservoir Floating Cover SCHEDULE Tetra Tech will complete the project in accordance with the following schedule: Item Approval of Contract Revisions • 50010 Plans and Specs • City Review • 90% Plans and Specs • City Review 100% Plans, Specs and Estimate Completion Date Tuesday, July 23, 2002 Wednesday, August 7, 2002 Wednesday, August 21, 2002 Wednesday, October 9, 2002 Wednesday, October 30, 2002 Monday, December 2, 2002 F:\USERS\PBW\Shared\Contracts\FY 02- 03\Big Canyon Reservoir Covering and Disinfection Improvements - C- 3037 \Design\1005sdtRev3 Ldoc(COntract) TETRATECH, INC.' Infrastructure Services Group Exhibit B 2002 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Engineering Intern /Technician ................... $ 44.00 Designer /CAD Operator/Engineer I........... $ 82.00 Engineer II and III/Senior Designer.......... $ 92.00 Planner ......................... ..............................$ 94.00 Senior Eugineer/Landscape Architect........ $ 103.00 Project Engineer/Project Coordinator . ....... $120.00 Project Manager /Sr. Project Coordinator... $ 135.00 Senior Project Manager .............................. $ 150.00 Program Director/Project Director ............. $ 180.00 Administrative Administrative Clerk ... ............................... $ 38.00 Word Processor/Admin. Support ............... $ 54.00 Graphic Designer ........ ............................... $ 90.00 Survev/Mauaine Survey Technician ...... ............................... $ 87.00 Surveyor/Field SupvsrJSr. Survey Tech.... $ 97.00 Two - Person Survey Party .......................... $ 172.00 Two- Person Survey Parry with GPS .......... $ 210.00 Three- Person Survey Party ........................ $ 250.00 Survey Travel Time (Two - person) ............ $ 83.00 Survey Travel Time (Three- person) ........... $ 118.00 Construction Construction Observer ............................... $ 72.00 Senior Construction Observer .................... $ 78.00 Resident Engineer ....... ............................... $ 110.00 Construction Manager . ............................... $ 140.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. Reimbursable In -House Costs Photo Copies (B &W 8.5'x11 ") ...... $0.10/Each Photo Copies (B &W 11 "xl7 ") ....... $0.35/Each Color Copies (up to 8.5'x1I ")........ $1.50/Each Color Copies (to I1 "x17" ) .............. $2.50/Each Forensic Engineer .............. ............................... Court Appearances, Expert Witness Testimony, Depositions, and Preparation for Testimony.... Blueprints ........ ............................... $ 0.35 1S.F. Computer Time ............................. $10.00/Hour Mileage ............ ............................... $ 0.40/Mile .......... $250.00 ................................................... ............................... $350.00* *Minimum $1,000.00 for half day plus expenses. NOTE: All rates are effective to October 1, 2002- There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2002. FAUSERS1FBwtShacedtContractsTY 02- 03\Big Canyon Reservoir Covering and Disinfection Improvements - C- 3037\Design1d005sdtRev3l.doc AC-0-RA CERTIFICA4f OF LIABILITY INSU NCB OP ID L DATE(MM /DDIM SLC0 -1 08/05/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lyons Insurance Agency, Inc. _ CONFERS NO RIGHTS UPON THE CERTIFICATE Powdermill Square 6,g ; `� :..HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3844 Kennett Pike, Suite 210 -•` - "T ALTER'THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilmington DE 19807 - INSURERS AFFORDING COVERAGE Phone:302 -658 -5508 Fax:302- 658 -1251 AUG 8 2002 INSURED 66 INSURER N. :Hartford Insurance i . _ :. a ,.._,','4t Ul.YCC .� 'iT.n4 .. r. +.. S: re T..c11 ---- r.. Rtra Tech, Inc. 80 E. Foothill Blvd. Ste 350 Pasadena CA 91107 A THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDM' DATE MWDD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR 44UUNFU3205 10/01/01 10/01/02 EACH OCCURRENCE $1000000 FIRE DAMAGE (Any wefre) $ 300000 MED EXP (Any one person) $ 1 0000 PERSONAL A ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GENL AGGREGATE LIMIT APPLIES PER: POLICY X JE O- LOC PRODUCTS. COMPIOP AGG s2000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 44UENFU3301 10/01/01 10/01/02 COMBINED SINGLE LIMIT (Ee accitler� 41000000 . X BODILY INJURY (Par Peon) $ X BODILY INJURY (Per awidem) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR F-1 CLAIMS MADE DEDUCTIBLE RETENTION $ 44XHUFU0785 10/01/01 10 /01/02 EACH OCCURRENCE $ 10000000 AGGREGATE $10000000 $ S S B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 44WBIW3350 ADS 44WNMP3351 CA 10 /01 /01 10/01/01 10/01/02 10/01/02 X TORY UMR9 ER E.L. EACH ACCIDENT $1000000 EL.OISEASE- EAEMPLOYE $ 1000000 E.L. DISEASE - POLICY LIMIT 11000000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIILL PROVISIONS The City of Newport Beach is additional insured per attached CG20101185. As ,respects the auto, GL and workers comp policies shown above, Hartford /Twin City agree to waive rights of subrogation. Re: Big Canyon Reservoir and disinfection facilities. CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CTyNEyp, I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ECHOMMOM MAIL 10 OAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Newport Beach Shauna Oyler 3300 Newport Blvd. Newport Beach CA 92663 AC.QRD CERTIFICA OF LIABILITY INSU NCF. OP ID L DATE 1 /05 03 LCO 1 08/05/02 PRODUCER Lyons Insurance Agency, Inc. Powdermi-11 Square 3844 Kennett Pike., Suite 210 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Wilmington DE 19807 POLICY NUMBER Phone:302- 658 -5508 Fax:302 -658 -1253 INSURERS AFFORDING COVERAGE INSURED INSURER A: Greenwich Insurance Company INSURER B: Tetra Tech, Inc. 3280 E. Foothill Blvd. Ste 350 Pasadena CA 91107 INSURER C: INSURER D: NSURER E: UVVCKALitS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE MWDD DATE IMMND LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR FIRE DAMAGE {Any one fire) S MED EXP(Any one person) $ PERSONAL& ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO. ECT F7 LOC PRODUCTS - COMWOP AGG S AUTOMOBILE LIABILITY ANY AUTO COMBINED (Ea accideni)INGLE LIMIT S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per parson) S HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per aWdaM) $ PROPERTY DAMAGE (Peraoddwt) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN 'ACC S S AUTO ONLY: AGG EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ S DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMNS ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE f E.L. DIME - POLICY LIMIT S OTHER A Profess. /Pollution PEC0005771 10/01/01 10/01/02 See Below For Limits E60 Legal Liab DESCRIPTION OF OPERATmNSWCATiONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECWL PROVISIONS LIMITS: $2,000,000 Ea. Occ. /$2,000,000 Agg. and $250,000 Retention Ea. Cl. CLAIMS MADE FORM: Maximum for all claims during the policy year. Re: Big Canyon Reservoir and disinfection facilities. CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER: _ CANCELLATION CTYNEWP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ElIMBOMMODD MAIL -IQ-- DAYS WRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Shauna Oyler 3300 Newport Blvd. Newport Beach CA 92663 AUTH03yq REPRESENTATI� ` 0 0 � POLICY NUMBER: 44UUNFU3205 COMMERCIAL GENE L LIABILI'T`Y ' AUG 1 3 2002 °�'ba� •d §'o' +k5 Gi:�•�.:aritnens THE HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE- PART °r" SCHEDULE Name of Persons or Organization: The City of Newport Beach Public Works Department, its officers, officials, employees and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an inured the person or organization shown in the Schedule, but only with respects to liability arising out of "your work" for that insured by or for you. The insurance provided is primary and non - contributory, any other insurance coverage carried by the Additional Insured shall be excess insurance. CG 20 10 11 85 Copyright, Insurance Service Office, Inc. 1984 Workers Compensation and Employers' Liability Policy POLICY NUMBER: 44WNMP3361 • CA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments tram anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named Ih the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE The City of Newport Beach Public Works Department, Its officers, officials, employees and volunteers Countersigned by Authorized epreserd80ve Form WC 00 0313 Printed in U.SA Proom Data SM02 Policy Expiration Date: October 1, 2002 From: Linda Day At: Lyons Insurance Agency, Inc. F�ID: 3026581253 To: Shauna Oyler Data: B/19/02 02:09 PM Page: 2 of 2 POLICY NUMBER: 44UENFU3301 Auto Liability THE HARTFORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IT IS HEREBY UNDERSTOOD AND AGREED THAT: The City of Newport Beach Public Works Department, its officers, officials, employees and volunteers. IS ADDED AS AN ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR. This endorsement does not change the policy except as shown. Form IN 12 00 11 85 Printed in U.S.A. AUG -16 -2002 FRI 1043 AM CALS RANCE FAX N0. 7],x{9391654 Fax 0: C11`l-1 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. P. 01 Date Received: 19 _/ S - 0 d__ Dept /Contact Received From: �5 n A t t r) a \Itrf Date Completed: Q -1(R -D Sent to: a u at By: Company/Person required to have certificate: '% 1 lGL Te I'_ P) GENERAL LIABILITY A. INSURANCE COMPANY: S. AM BEST RATING (A: VII or greater): f-t `t C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTIONI (Confirm That loss or liability of the named Insured Is not limited solely by their negligence) Does endorsement include 'solely by negligence' wording? ' VYes ❑ No $'Yes Q No ►� _ ■ NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. H. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: 9. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes El No D. LIMITS (Must be $1 M min, BI & PD and $500,000 UM): What is limits provided? _M)III&n E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is R included? ❑ Yes Two F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ()16L Is it included? [:] Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETER? :fit a a : r �.• �.. n ry 0 0 C --M37 HGREEMENT PROFESSIONAL SERVICES FOR DESIGN OF THE BIG CANYON RESERVOIR FLOATING COVER THIS AGREEMENT is made and entered into this m, day of March, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and ASL Consulting Engineers, a California Corporation, hereinafter referred to as "CONSULTANT ". WITHESSETM: WHEREAS, "CITY ", in conjunction with Metropolitan Water District's decision to cover the San Joaquin Reservoir, desires to cover Big Canyon Reservoir, and; WHEREAS, "CITY ", as part of the Big Canyon Reservoir Covering Project must construct facilities to implement a new floating cover on the Big Canyon Reservoir, hereinafter referred to as "PROJECT ", and; WHEREAS, implementation of said "PROJECT" requires the services of a qualified engineering design consultant, and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" for "PROJECT" design, as well as to provide certain other essential professional services, as outlined herein below, and; WHEREAS, "CITY" has reviewed the previous experience and has evaluated the expertise of "CONSULTANT" and desires to accept the proposal submitted by "CONSULTANT ", and; NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: 0 0 I. GENERAL A. "CITY" engages "CONSULTANT' to perform the described services for the consideration hereinafter stated. B. "CONSULTANT' agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. "CONSULTANT' agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY ". II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY ". A. "CONSULTANT' shall provide the necessary services to complete the defined tasks associated with the design phase of the 'PROJECT'. Those tasks include the following: 1. PRELIMINARY DESIGN a. Preliminary Assessment Develop a detailed assessment of each of the aspects of the proposed Scope of Work for the site in order to select the most feasible and efficient type of cover system and associated facilities (drainage system, lighting, fencing and floor lining or repair patterns, anchoring, fastening, and maintenance) of various flexible cover systems. b. Field Design Surveys Obtain property surveys, elevation of bench marks, and all topographical information, either by field survey or aerial photography, as well as all related note reduction, plotting, analysis, interpretation, etc. as needed for the project design. As a minimum, this shall include: (1.) Dimensional location of property lines to a fixed easily located "permanent" point or object at intersections. (2.) Provide both pictorial and literal station locations and distances of all objects within survey boundaries, to provide a cross check. True north shall be indicated as point of reference. (3.) Extend all survey information at least 10 feet through intersections in all directions. (4.) Indicate if street is paved on centerline by dimensional reference to curb or property line (right -of -way line) and running lines or building lines. (5.) Identification of all manholes by utility or company name. (6.) Include types of paving existing on all streets with all transition changes located. 0 0 (7.) Give all numerical addresses where possible, and indicate if empty lots exist. (8.) Specify material and utility poles contained in or possibly affected by survey area. (9.) Include all angles turned at intersections and directional changes made on running lines or base lines with reference to true centerline of streets. (10.) All elevations shall be tied to U.S.G.S. datum. c. Site Investigation Obtain all site information necessary for the design work. This work shall include activities such as, but not limited to, utility research and verification. Submit five (5) copies of all borings information, analyses, and reports as part of the Pre -Final Design submittal requirements to "CITY". d. Preliminary Report Prepare a detailed report, including estimated costs, preliminary layout drawings, manufacturers' information, an implementation schedule and recommendations as part of this phase. e. Project Management Submit monthly reports describing the progress of work, work remaining and the project budget remaining. f. Meetings The project manager shall meet with "CITY ", as a minimum, on a monthly basis during the "PROJECT ". 2. FINAL DESIGN Upon approval of the preliminary design report, preparation of detailed engineering plans, specifications and cost estimate the "PROJECT" will commence. a. Review existing drawings of the existing facilities. b. Acquire permits required by applicable codes from the necessary agencies. Coordinate the work with the Division of Safety of Dams, Department of Water Resources, State of California. "CITY" will provide assistance and pay all application and permit fees. c. Preparation of Maintenance and Protection of Vehicular and Pedestrian Traffic Control Plan for construction, (if required). d. Prepare plans, specifications and contract documents for covering the facility with a floating cover. The plans shall include accurate, measured drawings (including property lines, utilities, plans, sections and elevations) of the proposed work and the site. e. Submit to "CITY" for review and approval five (5) copies each per submission of all drawings and specifications to adequately size, locate and describe all elements of the "PROJECT ", including the following: (1.) All drawings, at appropriate scales, and outline specifications required to locate and describe all site and building development, all reconstruction, equipment and site utilities. (2.) An updated itemized breakdown of probable construction costs. (3.) An updated project master schedule, including recommendations regarding time to carry the project through completion of Bidding /Award. (4.) Recommendations to "CITY" on any required changes in space allocation, materials, layout or budget. f. Prepare an updated schedule of work progress, review dates, submissions, and completion of work. Prepare and submit to the Deputy Utilities Director monthly outlines of all work undertaken during the month. Submittals will consist of any models or photographs, drawings, sketches, specifications, or work outlines required to adequately describe work progress. g. Prepare the necessary documents from the previously approved preliminary design, incorporating "CITY's" recommendations concerning the preliminary design, a mutually agreed upon preliminary budget, and any other applicable "CITY ", government, agency, commission or institute standards. (1.) Furnish five (5) copies each per request for final approval: (i) All drawings, at appropriate scales, and outline specifications required to completely and accurately size, locate, and describe all site and building development, all building systems, typical construction details, all required details for special construction including plans, profiles, sections (both full and partial), wiring diagrams and structural details. (ii) An updated, detailed report of the subsurface site investigation performed including boring logs, if necessary. (iii) An updated, itemized breakdown of probable construction costs. (iv) An updated project schedule. (v) An outline of deviations from the approved preliminary design and budget. (vi) Recommendation to "CITY" on any required changes in program or budget. (vii) Obtain and submit to "CITY" copies of all required letters of approval and permits due from all concerned local, county, state, and federal agencies, departments or commissions. • • h. Construction Documents Based upon the approved final design documents and any further adjustments in scope or quality of construction, or in the project budget authorized by the Utilities Department, prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of each project as well as the bid proposal prepared by "CONSULTANT ". "CONSULTANT'S" front end documents will be used. The "CITY" will be selling the contract documents to the prospective bidders. (1.) During the construction documents phase, perform the following: (i) Prepare the final contract documents from the approved final design documents in accordance with "CITY'S" established General Contract Conditions and contract forms, all items of work clearly identified to the specific contract. (ii) Verify compliance with applicable codes, laws, and standards. (iii) Submit to "CITY" a final detailed breakdown of probable construction costs. (iv) Submit a probable schedule of construction. (v) Prepare, with assistance from the "CITY ", Supplementary General Conditions and Special conditions for "PROJECT ". (vi) Supply five (5) complete sets of final construction documents to the Utilities Department for final review and approval. (vii) Schedule of drawings. (2.) Final drawings will be completed, including all necessary schedules and details following accepted engineering practices. All drawings will be on 22 -inch x 34 -inch sheets and will include both a standard scale notation and a visual scale (for microfilming). (3.) Specifications will be written in "CONSULTANT's" choice of format, subject to the following requirements and approval of the Utilities Department: (i) Sixteen Division format. Each Division shall be divided into Sections as appropriate. The CSI three part Section ( "GENERAL "; "PRODUCTS "; "EXECUTION ") organization be used within each Section, as well as the five digit Section designation numbers. (ii) Page size shall be 8Y2 -inch x 11 -inch, printed single sided. (iii) Specify quality products using proprietary product names, followed by the words "or equal "; or shall specify a minimum of two (2) acceptable manufacturers or products, which are equally suited for the particular application. (iv) Use "short form" specifications, brief and concise, omitting lengthy descriptions of materials or methods. s 0 (v) Master specifications, including computer programmed master specifications, if used, shall be pre- edited as required to fit the requirements of the "PROJECT ". i. Acceptance of Construction Documents Upon approval and signature by the Director, the final design documents will be considered accepted. (1.) Furnish "CITY" with mylars of the final plans along with the originals (camera ready) of both the specifications and bid proposal. (2.) Answer questions from bidders regarding the content or interpretation of the drawings and specifications. (3.) Prepare necessary revisions and clarification to the drawings and specifications and any resulting addenda. (4.) Attend and assist "CITY" at required pre -bid meetings. 3. SERVICES DURING CONSTRUCTION a. Pre - Construction Meetings Attend or send a qualified representative to "CITY" for a pre - construction conference, to be announced subsequent to award of Contract. b. Clarification of Construction Documents Upon written request of "CITY ", prepare any required clarification drawings or written interpretations of the construction Contract Drawings and Specifications required to adequately demonstrate the full intent of the Contract Documents and to interpret and clarify the Construction Contract Drawings and Specifications and General and Supplemental General conditions as necessary for the proper execution or progress of the work. Any interpretations and clarifications will neither change the intent of the construction Contract Documents nor authorize the expenditure of additional funds. Also, "CONSULTANT" shall be available for field questions via telephone from "CITY'S" designated representative concerning minor changes or interpretation of the design. c. Shop Drawing Review Provide prompt review of contractors submittals of shop drawings, samples and product data to determine conformance with the design concept and information given in the Construction Contract Documents. "CONSULTANT" shall note approved substitutions and variations from "PROJECT" specifications and make appropriate corrections as required. Copies of all submittals will be forwarded to "CITY" for final approval and distribution. "CONSULTANT" shall also review submissions of sub - contractors, material suppliers, project phasing and schedules. d. Site Visits E "CONSULTANT" shall make up to fifteen (15) field visits to the construction site(s) to attend progress meetings and /or answer design questions. Based upon observations made at the site(s), "CONSULTANT" shall make recommendations to the "CITY" concerning necessary tests or evaluations affecting possible rejection of contractor's work in place or methods of construction. e. Pre -Final Inspection Attend a pre -final inspection of the work site as scheduled by "CITY". The Construction Phase shall be considered complete when final payments to each prime contractor have been approved by the Utilities Department, or, in the absence of the approved final payment, such other date as may be determined by the Utilities Department. f. Preparation of Operations and Maintenance Manual Prepare an operations and maintenance (O &M) manual outlining the frequency of maintenance, product literature of products used during construction, repair methods, repair procedures, including for small tears and holes in the floating cover material. g. Training of City Staff This task shall include the training of "CITY" staff for the operation and maintenance items. Use of graphs, videos, slides and other handout materials is encouraged. The training shall be hands on training. "CONSULTANT" shall allow a minimum of three (3) days for training. h. Project Record Drawings No later than three (3) months after completion of the construction phase, transmit to "CITY" a complete set of "PROJECT" Record Drawings or similar material, prepared from information supplied by each of the prime construction contractors, per requirements in the Construction Contract Documents. III. DUTIES OF THE CITY In order to assist "CONSULTANT" in the execution of his responsibilities under this Agreement, "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 germane to the proper preparation and completion of "CONSULTANT'S" defined duties. B. Survey records and easement information, as are available and appurtenant to "PROJECT ". C. Design criteria, hydraulic data and other technical information, as are available and appurtenant to "PROJECT ". D. Assist "CONSULTANT" with interpretation of "CITY" standards and design criteria. Meet with "CONSULTANT" as necessary to provide input or direction on matters pertaining to completion of specifications and final construction plans. 0 • E. Act as Project Manager and provide construction administration and field inspection on proposed "PROJECT ", once designed and awarded for construction. F. Provide blueprinting, CADD plotting, copying and other services through "CITY's" reproduction company for each of the required submittals and for bidding purposes. "CONSULTANT" will be required to coordinate the required submittals and bid plans with the "CITY's" reproduction company, Banana Blueprint. Each reproduction request must be approved before services are provided. G. "CONSULTANT" shall arrange times so "CITY' staff can meet with "CONSULTANT" to review plans, specifications and other documentation provided by "CONSULTANT" relative to "PROJECT ". "CITY" will return all comments within seven (7) calendar days. H. "CONSULTANT" will have plans and specifications approved and signed by the Utilities Director by March 1`,1995. Liquidated damages accrue as of 5:00 PM March 15`,1996. IV. PROJECT MANAGER "CONSULTANT" shall assign the tasks of this project to a Project Manager, who will coordinate all phases of the "PROJECT ". The Project Manager shall be available to "CITY" at all times. "CONSULTANT" has designated Steve Tedesco, P.E. to be Project Manager. No change in this assignment is to be made by "CONSULTANT" without prior written consent of "CITY ". V. TIME OF COMPLETION AND LIQUIDATED DAMAGES "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. All work, with the exception of the construction phase services required to advertise for construction shall be completed no later than March 15` 1996. It is mutually agreed by "CONSULTANT" and "CITY" that liquidated damages of three hundred dollars ($300.00) per calendar day shall be assessed "CONSULTANT" for delays beyond the above specified completion date. Said damages shall be deducted from "CONSULTANT'S" fee. Provided, however, that "CONSULTANT" shall not be responsible for damage or delay in performance caused by events beyond " CONSULTANT's" control. 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 ", including "as- built" drawing preparation. VI. OWNERSHIP OF DOCUMENTS Original drawings and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than for this "PROJECT ", or any use of incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be made available to any individual or organization by "CONSULTANT" without prior written approval by "CITY ", unless required by subpoena. 91 i • "CONSULTANT" may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. "CONSULTANT" is granted permission to show prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VII. 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 101 Pacifica, Suite 150, 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. VIII. SUBCONTRACTORS 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 "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 ". C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the services of a private geotechnical firm, private landscape architect, and covering construction. Said geotechnical firm, Converse Consultants, Inc., said landscape architecture firm, Lynn Capouya, and said construction consultant, C. W. Neal, Inc., hereinafter referred to as "SUBCONSULTANT's ", shall be directed and compensated by "CONSULTANT" as if said firm were a direct employee of "CONSULTANT ". 1. Compensation for "SUBCONSULTANT's" services shall not be more than twenty - eight thousand five hundred dollars ($28,500.00) and shall be paid in accord with the limits of the "not -to- exceed" fee listed herein below. No additional compensation shall be made therefor. i • IX. 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 the amount of one hundred and ninety -two thousand ($192,000), inclusive of the subcontract services defined herein, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Principal.............................................................. ............................... $135.00 Sr. Project Manager /Sr. Managing Engineer.......... I. .................... 125.00 Project Manager /Managing Engineer ........... ............................... 115.00 Project Engineer /Sr. Project Coordinator ...... ............................... 98.00 Senior Engineer /Project Coordinator ............ ............................... 100.00 Senior Engineer .................................................. ............................... 88.00 EngineerII and III ............................................. ............................... 80.00 Designer /CAD Operator /Engineer I ............. ............................... 75.00 Designer /Draftsperson .................................... ............................... 65.00 Draftsperson....................................................... ............................... 60.00 Technician.......................................................... ............................... 48.00 Sr. Construction Inspector ............................... ............................... 62.00 Construction Inspector ..................................... ............................... 56.00 Planner................................................................ ............................... 88.00 MappingCoordinator ....................................... ............................... 78.00 Word Processing /Administrative Support ... ............................... 45.00 Chiefof Surveys ................................................ ............................... 95.00 Two -Man Survey Party .................................... ............................... 150.00 Three -Man Survey Party .................................. ............................... 200.00 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 Project Manager for "CITY ". 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 Project Manager for "CITY ", and other reasonable expenses where such costs have been advanced by "CONSULTANT" and approved in advance by "CITY ". 1. "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within thirty (30) calendar days 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 "CONSULTANT's" personnel on such equipment shall be paid on the basis of the "FEE SCHEDULE" herein above. 10 0 0 X. ADDITIONAL SERVICES No change in character, extent, or duration of the work to be performed by "CONSULTANT" shall be made without prior written approval from "CITY ". In consideration for performance of additional services authorized by "CITY" in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase in the total compensation exceeding thirty thousand dollars ($30,000) shall require that an amended Agreement for such additional services be executed by "CONSULTANT" and "CITY ". XI. 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 make transcripts therefrom as deemed necessary at "CITY'S" cost, and allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XII. 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 "CTTY'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; 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, unless "CITY" waives this requirement. 1. An appropriate industry -wide insurance rating standard shall be deemed Best's Key Rating Guide, latest edition. 11 0 0 C. "CONSULTANT' shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Amount Bodily hijury $ 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 $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; 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. 12 0 XIII. WAIVER 1/ 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. XIV. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. XV. 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 ". XVI. 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. 13 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City Attorney City Clerk Address and Telephone: City of Newport Beach, a municipal corporation John Hedges, Mayor "CITY" ASL Consulting Engineers a California Corporation Douglas J. ReiAhart, Principal "CONSULTANT" City of Newport Beach ASL Consulting Engineers 3300 Newport Boulevard One Jenner Street Post Office Box 1768 Suite 200 Newport Beach, Califomia 92658 -8915 Irvine, California 92718 (714) 644 -3011 (714) 646 -5204 fax (714) 727 -7099 (714) 727 -7097 fax 14