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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