HomeMy WebLinkAboutC-2935 - VOIDAMENDMENT No.1
PROFESSIONAL SERVICES FOR THE
DESIGN OF THE SECTION 5 WASTEWATER LIFT STATION
ON LITTLE BALBOA ISLAND
THIS AMENDMENT to the written agreement dated February 16, 1993, is made
and entered into this 115 day ofz j =2=1995, by and between City,
and Consultant.
RECITOLS:
1. City, as part of the Section 5 design, determined that certain additional
professional services were required that were not originally foreseen, and;
2. Implementation of the additional services were required to complete the plans
for the Section 5 design and the required services of a qualified engineering
professional. (These services and plans are collectively referred to as "Services "),
and;
3. City has received a request for additional compensation from the Consultant to
perform these additional Services, as outlined herein below, and;
4. City has reviewed the previous performance of Consultant and has determined it
to be of adequate quality, and;
5. City desires to accept the request for additional compensation submitted by
Consultant.
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
9 0
1. GENERAL
A. The original professional services agreement dated February 16, 1993, remains
in full force and effect, except as modified by this Amendment.
2. ADDITIONAL SERVICES PERFORMED BY CONSULTANT
Consultant provided the following additional professional services for City.
A. Consultant provided the services necessary to complete the defined tasks
associated with the Section 5 design. Those additional and supplemental tasks
included the following:
(1.) Additional Meetings with City staff.
a. Consultant was required to keep City's Project Manager apprised of
the progress being made.
b. Consultant met with City staff on an as- needed basis during the design
of Section 5.
(2.) Structural Modifications.
a. Consultant recalculated and redesigned the pump station
reinforcement steel.
b. Modification coordination between Consultant, City and Consultant's
structural engineer.
c. Addition of second force main.
i. Designed second force main.
ii. Gravity sewer redesign to accommodate second force main.
iii. Revised system head curves and calculations for dual system.
iv. Revised and drew new pump station piping layout.
v. Revised vault and other miscellaneous details.
(3.) Revisions to Electrical Service
a. Recalculated and redesigned the electrical service (review and rework).
b. Coordination between SCE, the City and TMAD and the sub -
consultant, regarding the electrical service.
• •
3. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, City agreed to compensate
Consultant on an hourly basis as set forth in the 'PAYMENT & FEE
SCHEDULE" in Section VIII, of the original professional services agreement,
dated February 16, 1993.
B. The total amount for these additional and supplemental services were to be
completed for an amount not exceed twenty -five thousand dollars ($25,000),
except as provided for in the original professional services agreement and
herein below.
4. ADDITIONAL SERVICES
No additional change in character, extent or duration of the work to be performed
by Consultant as part of this amendment to the original professional services
agreement shall be made without prior written approval from the City.
In consideration for performance of additional and supplemental services
authorized by City in writing, City hereby agrees to compensate Consultant an
amount based upon the hourly rate defined in the "FEE SCHEDULE ".
However, any additional increase in total compensation exceeding five thousand
dollars ($5,000.00) shall require another amended Agreement for such additional
services between Consultant and the City.
3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the first date above written:
APPROVED AS TO FORM:
Robin Clausen
Assistant City Attorney
Wanda Raggio
City Clerk
Address and Telephone:
i;ity of Newport Beach
3300 Newport Boulevard, 11. O. B(,s 1768
\ewport Beach, California 92658-8915
(7l,i)641-3011 (714) 646-520-i fax
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
City
Barrett Consulting Group,
a California corporation
R bert F. 4Seeman, P.E., Office Manager
Consultant
Barrett Consulting Group
1322 Bell Avenue, Suite 1 -A
Tumtin, Califomia 92690
(7l d) 259 - 15401'1 d) -159-81327 f.,s
0 0
0-21-35-
SGZEEMENT
PROFESSIONAL SERVICES FOR
THE DESIGN OF THE SECTION 5 WASTEWATER LIFT STATION
ON LITTLE BALBOA ISLAND
THIS AGREEMENT is made and entered on this day of
February 1993, by and between the City of Newport Beach, a municipal
Corporation, hereinafter referred to as "CITY ", and Barrett Consulting Group,
a California Corporation, hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, "CITY" has a long term capital improvement program which
identifies a 10 -year Sewer Pump Station Improvement Program for refurbishment,
replacement and /or reconstruction of the City's 24 wastewater lift stations, and;
WHEREAS, "CITY" has determined by a detailed preliminary engineering
study that the fifty year old "Section 5 Wastewater Lift Station ", hereinafter referred
to as "Lift Station ", is in dire need of refurbishment and is a high priority, and;
WHEREAS, "CITY" has determined that reconstruction and relocation of
said "Lift Station" is the most feasible cost effective means of refurbishment, and;
WHEREAS, "CITY" desires to implement this reconstruction project to
alleviate peak capacity problems and to reduce the probability of sewage overflows
and spillage into the bay, to reduce frequent maintenance, to increase the station's
energy efficiency and to improve operations, and;
WHEREAS, "CITY" has requested a proposal for preparation of plans,
specifications and special provisions for construction of the "Lift Station ", and;
WHEREAS, "CONSULTANT" has submitted a proposal for professional
services as outlined herein below, and;
WHEREAS, "CITY" desires to accept said proposal for professional services;
NOW THEREFORE, in consideration of the foregoing, it is mutually
agreed and understood that:
I. GENERAL
A. "CITY" engages "CONSULTANT" to perform the described services for
the consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with
the terms and conditions hereinafter set forth.
0 0
C. "CONSULTANT' agrees that all services required hereunder shall be
performed under his /her 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, in writing, by "CITY ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following professional services for "CITY':
A. Provide utility, centerline and street right -of -way and property ownership
research to identify and show the location and existence of all underground
utilities and improvements within the vicinity of the lift station.
B. Provide field investigations and design survey services to verify the location
of all appurtenances and improvements within the vicinity of the lift station
and the proposed pipe installations.
C. Prepare discharge permit report addressing the design, installation and
operation of the lift station. This report shall meet the approval of the City of
Newport Beach, Utilities Department, Orange County Harbor Department, State
Department of Health Services and Regional Water Quality Control Board.
D. Prepare complete construction and traffic control plans, specifications and cost
estimates sufficient for bidding and installation of the proposed lift station.
E. Provide plans, specifications and detailed special provisions in accord with all
applicable City Standards and in conformance with all applicable Agency
permit requirements. Plans shall be ink on mylar, with plan, profile, section
and detail views shown on City of Newport Beach standard "D- sized" plan
sheets. Specifications and special provisions shall be bound S1/," x 11"
booklets with plastic covers. Construction plan sheets shall be photo - reduced
to 11" x 17 ", folded and bound with the specification booklets. Plans,
specifications and special provisions shall include the following items:
1. Details of the lift stations, wet and dry well, access covers, hatches, stairways,
pumps, motors, panels, valves and all miscellaneous appurtenances.
2. Details of the electrical, instrumentation, telemetry and control systems.
3. Profile views (sections) of the lift station and service lines along its entire
length, showing all station piping and other utility lines and conduits.
4. All special materials, procedures and scheduling for tie -ins to existing
facilities, including details for installing force main valves and other
appurtenances.
5. Location, size, shape, type of material and owner for all utility lines and
conduits; both overhead and underground.
2
C'
C
6. Prepare a description of the operational plan for the station.
F. Meet with "CITY" as necessary to discuss project coordination required to
complete tasks appurtenant to the work described herein.
G. Provide general construction monitoring progress and review contractor's
conformance to design, plans and specifications during construction.
1. This does not mean "CONSULTANT" is responsible for any construction
inspection services. "CITY" will provide construction inspection and
contract administration.
2. "CONSULTANT" is responsible for notifying "CITY" of design
modifications or required changes to meet field conditions not already
addressed in the design, plans or specifications.
3. "CONSULTANT" is not responsible for design modifications or reviews
of changes submitted for the convenience of the contractor. Should such
requests be made, "CONSULTANT" shall be responsible for meeting the
requests, but shall be compensated for these efforts, which are considered
beyond the scope of work identified herein.
H. Prepare "as- built" drawings and revised plans based on addenda or change
orders issued by "CITY" during construction.
1. Upon completion of construction make final "as- built" revisions.
2. Provide one set of record drawings, which includes "as- built" plan
revisions and /or clarifications incorporated into the project as required
throughout, and at the completion of construction.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of their responsibilities
under this Agreement, "CITY" agrees to provide the following:
A. Provide any background information, reports or "as- built" drawings as may be
available or in existence, which may be germane to the proper preparation and
completion of plans, special provisions and specifications.
B. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or
direction on matters pertaining to completion of specifications and final
construction plans.
C. Act as the project manager and provide construction contract administration
and field inspection on the proposed project, once designed and awarded for
construction.
D. Act as the liaison to anv and all other agencies who have input into the design
of the project or the permitting of any aspect of the project.
3
F,
1
0
E. Perform potholing exploration if necessary for completion of the design.
F. Obtain permits necessary for the project, including preparation of the required
CEQA documentation.
IV. TIME OF COMPLETION
"CONSULTANT" shall complete all work pursuant to this Agreement within one
hundred sixty (160) calendar days from the date of the "CITY's" written notice of
"authority to proceed ". Work to perform construction monitoring and compliance
portion of the services under this Agreement are not considered part of the 160 day
time period.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents relating to the plans
shall become the exclusive property of "CITY" and may be reproduced as deemed
necessary by "CITY" or its duly authorized representative. "CITY" agrees to waive any
claim against "CONSULTANT" and defend , indemnify and hold harmless from any
claim or liability for injury or loss allegedly arising from the unauthorized reuse of
"CONSULTANT'S" drawings, reports, notes, maps or other instruments of service.
No report, drawing, map, document or other data given to, or prepared by
"CONSULTANT" pursuant to this Agreement shall be made available to any individua
or organization by "CONSULTANT" without prior written approval by "CITY ".
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this agreement at any time by giving
"CONSULTANT" three (3) days' prior written notice. Notice shall be deemed
served when delivered personally or upon deposit in the United States mail,
postage prepaid, addressed to the " CONSULTANT's" business office at 1322 Bell
Avenue, Suite 1 -A, Tustin, California 92680.
B. 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 affected by such errors, omissions, or
negligence of "CONSULTANT ". If this Agreement is terminated for any other
reason, "CITY" agrees to compensate "CONSULTANT" for the actual services
performed up to the effective date of the "Notice of Termination ", on the basis
of the fee schedule contained herein.
VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be contracted or
subcontracted without prior written approval of "CITY ".
"CONSULTANT" may utilize the firm TMAD Engineers, Inc. of
Ontario, California as a subconsultant to perform work on the
electrical and telemetry portion of the project design as outlined in
" CONSULTANT's" proposal.
B. "CONSULTANT' shall not assign or transfer any interest in this
agreement, whether by assignment or novation, without the prior written
consent of "CITY "; provided, however, that claims for money due or to
become due "CONSULTANT' from "CITY' under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a
trustee in bankruptcy, without such approval. Notice of any such
assignment or transfer shall be promptly furnished to "CITY'.
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for performance of the specified services, "CITY' hereby
agrees to compensate "CONSULTANT' on an hourly basis, as set forth
herein below, in the "FEE SCHEDULE ". In no event shall said amount be
greater than the amount of Fifty Seven Thousand Nine Hundred Dollars
($57,900.00) except as otherwise provided for herein.
B. FEE SCHEDULE:
Personnel Hourly Rates
Principal Engineer
$ 120.00
Project Manager /Senior Engineer
102.00
Project Engineer /Survey
80.00
Staff Engineer
65.00
Construction Specialist /Inspector
65.00
Designer/ Engineering Technician
60.00
Drafter /Surveying Aide
50.00
Administrative Manager
65.00
Clerical
34.00
Field Research / Reconnaissance
90.00
Two - Person Survey Crew
140.00
Three - Person Survey Crecy
165.00
C. The contract amount shall be paid to "CONSULTANT' in monthly partial
payments based on the amount earned each month and on the actual hours of
labor expended as determined by the Project Manager for "CITY'. The sum of
the monthly partial payments shall not exceed ninety percent (90`70) of the
maximum fee as set forth in paragraph "A" herein above. The balance of the
total amount earned shall be paid upon completion of the work specified herein.
D. Expense items associated with the design services such as outside blueprinting
and reproduction for plan submittal and bid sets, messenger service and other
direct expenses shall be reimbursed to "CONSULTANT' at cost plus ten
percent (10%) provided that all original invoices for such charges and expenses
are submitted to "CITY' with billings. "CONSULTANT' estimates the total
amount of such reimbursable expenses to be less than Six Thousand Three
Hundred Twenty Five Dollars ($6,325.00) and such amount is included in the
"not -to- exceed" figure stated in subparagraph "A" herein above.
G
0
0
1. Items such as mileage, supplies, telephone, in -house
photocopying or reproduction, general office overhead,
computer time, computer -aided drafting, computer plotting,
and all other such non- direct expenses shall not be
reimbursed.
2. Only those direct outside expenses for which invoices and
back -up documentation are provided shall be subject to
reimbursement.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed
by "CONSULTANT" shall be made without prior written approval from
"CITY ". In consideration for performance of additional services
authorized by "CITY" in writing, "CITY" hereby agrees to compensate
"CONSULTANT" an amount based upon the hourly rate as submitted to
"CITY" in the "FEE SCHEDULE" stated in "Section VIII, Paragraph B"
herein above. An increase in the total compensation exceeding Five
Thousand Seven Hundred Dollars ($5,700.00) shall require that an
amended Agreement for such additional services be executed by the
"CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" shall maintain complete and accurate records with
respect to costs, expenses, receipts and other such information required by
"CITY" that relate to the performance of the services specified under this
Agreement. All such records shall be maintained in accord with
generally accepted accounting principles and shall be clearly identified
and readily accessible. "CONSULTANT" shall provide free access to the
representatives of "CITY" or its designees at all proper times to such
books and records, and gives "CITY" the right to examine and audit same,
and to make transcripts therefrom as deemed necessary, and to allow
inspection of all work, data, documents, proceedings and activities related
to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement,
"CONSULTANT" shall furnish "CITY" with certificates showing the
type, amount, class of operations covered, effective dates and dates of
expiration of insurance policies. Such certificates which do not limit
"CONSULTANT'S" indemnification, shall also contain substantially
the following statement: "The insurance covered by this certificate may
not be canceled or materially altered, except after ten (10) days' written notice
has been received by "CITY ".
6
0
0
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 "B" (or higher)
and Financial Size Category " W (or larger) in accord with an
industry -wide standard and shall be licensed to do business in the
State of California.
1. An appropriate industry -wide insurance rating standard shall be
deemed "Best's Key Rating Guide ", latest edition.
C. CONSULTANT shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following
minimum limits:
Category
Bodily Injury
Property Damage
Automobile
Amount
$ 500,000 each person
$ 500,000 each occurrence
$ 500,000 aggregate
$ 500,000 each occurrence
$ 500,000 aggregate
$ 500,000 each occurrence
1. A combined single limit policy with aggregate limits in the
amount of One Million Dollars ($1,000,000) will be considered
equivalent to the required minimum limits.
2. Professional liability and errors and omissions coverage shall be
provided in the minimum amount of One Million Dollars
($1,000,000).
3. Workers' Compensation Insurance shall be provided to cover
its employees as required by the California Labor Code.
7
C�
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 insurance, "CONSULTANT" shall look solely to
its insurance for recovery. "CONSULTANT" hereby grants to "CITY ",
on behalf or any insurer providing insurance except professional
liability 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. Failure to Secure
If "CONSULTANT" at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, "CITY" shall
be permitted to obtain such insurance in the "CONSULTANT's" name
or as an agent of "CONSULTANT" and shall be compensated by
"CONSULTANT" for the costs of the insurance premiums at the
maximum rate permitted by law computed from the date written notice
is received that the premiums have been paid.
F. Additional Insured
"CITY ", its City Council, boards and commissions, officers, agents,
servants and employees shall be named as an additional insured under
all insurance policies required tinder this Agreement except
professional liability 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 as 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 insunince held by an additional insured shall not be
required to contribute anything toward any loss or expense covered by
the insurance provided by this policy. Proceeds from any such policy or
policies shall be payable to "CITY" primarily, and to "CONSULTANT"
secondarily, if necessary.
XII. WAIVER
A waiver by "CITY" of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained
herein whether of the same or different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages
by reason of an alleged breach of any provisions of this agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable cost of
litigation.
8
• 9
XIV. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions hereof. Any
modification of this Agreement will be effective only by written execution signed
by both "CITY" and "CONSULTANT ".
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, agents, servants, and employees from and against
any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable costs of litigation, regardless of the merit or outcome of any
such claim or suit, arising from or in any manner connected to "CONSULTANT's"
errors, negligent acts, omissions, or work conducted pursuant to this Agreement or
arising from or in any manner connected to persons, firms or corporations
furnishing or supplying work, services, materials, equipment or supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the first date above written:
APPROVED AS TO FORM:
City Attorney's Office
Robin Flory
Assistant City Attor q
i
ATTEST:
City Clerk's Office
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach /Utilities Department
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
(714) 644 -3011
CITY OF NEWPORT BEACH,
a Municipal Corporation
Clarence
ce
BARRETT CONSULTING GROUP,
a California Corporation
Robert F. Seeman P.E.
Office Manager
"CONSULTANT"
Barrett Consulting Group
1322 Bell Avenue
Suite 1 -A
Tustin, California 92680
(714) 259 -1540