HomeMy WebLinkAboutC-3285(A) - Design of Zone III and Zone IV Control Panel Improvements0
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PROFESSIONAL SERVICES AGREEMENT
FOR
DESIGN OF ZONE 111 and Zone IV CONTROL PANEL IMPROVEMENTS
THIS AGREEMENT, entered into this day of
2000, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and Mark Balan and Associates, whose address is 19871 Yorba Linda
Boulevard, Suite 105, Yorba Linda, California, 92686, (hereinafter referred to as
"Consultant "), 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 make improvements to the Zone III and Zone IV Pump
Stations ( "Project ").
C. City desires to engage Consultant to provide professional electrical
engineering services for the design of the Zone III and Zone IV Panel
Improvements upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of Project are Mark Balan,
P.E., Principal and D. D. Chatterjee, P.E., as Project Engineer.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
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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 aAday of 2000,
and shall terminate on th sf day of ertt Pr 2000, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
twenty seven thousand and nine hundred and forty-four dollars ($27,944).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice, subject to the approval of City.
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3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and 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. STANDARD OF CARE
4.1 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 the 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. Consultant
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represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 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, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 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 charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor", construction means, methods, techniques, sequences or procedures or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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5. INDEPENDENT PARTIES
City retains Consultant on an Independent contractor basis and Consultant is not
an 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 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 details
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Mark Balan to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
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approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 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, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
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Consultant's control.
8.2 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.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
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property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VI1 or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
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Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. 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).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
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Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, 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.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
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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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
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B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered 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.
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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
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Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
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A. 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 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.
B. 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 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. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted
without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing 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.
MIEN
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach, Attention Public Works Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Mark Balan
Mark Balan and Associates
19871 Yorba Linda Boulevard
Suite 105
Yorba Linda, Ca 92686
(714) 970 -2000
Fax (714) 970 -1237
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
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26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
LaVonne Harkless
City Clerk
I
CITY OF NEWPORT BEACH
A Municipal Corporation
:
B Y J C��
Do ebb, Director Public Works
City of Newport Beach
CONSULTANT
LOW
rresiaenr
Mark Balan and Associates
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&A I CONSULTINC EIECTRICAL ENGINEERS
March 6, 2000
Mr. Michael Sinacori, P.E.
Project Manager
City of Newport Beach
3300 Newport Blvd. P.O. Box 1768
Newport Beach, CA 92658-8915
SUBJECT: PROPOSAL TO PROVIDE ELECTRICAL ENGINEERING
SERVICES FOR THE NEWPORT ZONE III AND ZONE IV
PUMP STATION IMPROVEMENTS DESIGN
Dear Mr. Sinacori:
In response to your request, Mark Balan & Associates (MB &A) is pleased to submit this
proposal /agreement to the City of Newport Beach (Client) for electrical engineering consulting services
for the Zone III and Zone N Pump Station Improvements Design (Project).
It is our understanding that the City desires to implement improvements identified in the Newport Zone
III and IV Pump Station Improvement Study (Powell, 1999). It was determined that all the pumps
should be replaced with new, identical sized pumps and a new 300 horsepower pump should be added.
A separate contract to perform mechanical, civil and structural improvements will be performed in
conjunction with this work.
The following scope of services is included in this proposal.
I. SCOPE OF SERVICES
Based on our current understanding of the Project, Mark Balan & Associates (MB &A)
will provide the following engineering services:
TASK NO: DESCRIPTION
I. Field Visit, review existing As Built Drawings and verify conditions it applies to
the above project.
2. Coordinate with SCE for service split between Zone III and Zone IV loads.
19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686
(714) 970 2000 - Facsimile (714) 970 1237
NVFB SITE: http: / /www.balan.cotu
1,: -Mail: mail(�Phalan.com
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TASK NO: DESCRIPTION
3 Prepare modifications to existing Single Line: Diagram and demolition plans
4 Design Modifications to existing Pump controls and integrate with proposed
system
5 Design new single line diagram for two (2) at 300 HP and two (2) at 150 HP
Pumps with VFDs for Zone III and new single line diagram for Zone IV..
6 Design new MCC line -up for the above loads.
7 Design Power Distribution for the above Pumps.
8 Design new Emergency Generator Connection for portable emergency power to
the above Zone III Pumps.
4 Design miscellaneous 120 volts AC to receptacles etc.,
10 Prepare 50 %, 100% and Final Plans and specifications and cost estimates.
I I Project Management and meetings (max. 2 meetings of 4 hrs. each)
Assumptions:
I . All necessary background drawings will be furnished to us in AutoCAD Rel 13 or 14 files
by City.
2. Existing Service has adequate capacity for the above proposed scheme.
IL CLIENT FURNISHED SERVICES
The following services or information will be provided by Client or its consultants:
A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant
project information or data.
B. Assign one person to serve as the Client's project manager who has authority to
represent the Client and will serve as the point of interface for all project issues and
communications.
C. Application and processing of all required permits.
D. All required surveys and photogrammctry services including complete topographic
information based upon lambert coordinate system, location and plotting of property
lines, right of ways, and easements, ground survey and spot elevations for obscured or
19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686
(714) 970 2000 - Facsimile (714) 970 1237
WEB SITE: http: //www.balati.com
E-Mail: mail(gbafui.com
flat areas, aecritical drainage and tie in locations, IAiine elevations ofscwer and
drainage manholes, and other information necessary to Support the planning or design
services.
E. Planning, desion and cost estimating for the following disciplines or specialty areas,
including:
Environmental services
Architectural services
Landscape Architectural services
Materials testing
Mechanical, Civil and Structural
F. Coordination and processing with all utility companies, except as included in the Scope
of Services
G. Front -end documents and/or purchase orders required to purchase or bid equipment and
construction work.
H. A complete written description of all pertinent project information and issues, including
all unusual or critical requirements of the Client.
I. Mechanical/Civil Structural Engineering: It is assumed that the City will
enter into a separate design contract for mechanical, civil and structural
al work..
III. FEES AND CONDITIONS
A. The Services described in Section I, Scope of Services will be provided on an hourly
rate basis in accordance with the Mark Balan & Associates Standard Rate Schedule in
effect at the time the services are performed. A copy of the current Standard Rate
Schedule is attached. The Scope of Services shall have an initial upper limit of
$27,944.
We appreciate the opportunity of offering this proposal, and we look forward to working with you on
this project. If you have any questions, please feel free to contact me at (7 14) 970 2000 extension 30.
Very truly yours,
MARK BALAN & ASSOCIATES
Mark H. Balan, PE., Principal
19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686
(714) 970 2000 - Facsimile (714) 970 1237
\VEB SITE: http:l /www.balan.com
E,-Mail: mail(alhalan.com
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PROFESSIONAL SERVICES AGREEMENT
FOR
DESIGN OF ZONE III and ZONE IV PUMP STATION IMPROVEMENTS
THIS AGREEMENT, entered into this: / day of l 1999, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and John Powell & Associates, Inc., whose address is 175 Calle Magdalena,
Suite 101, Encinitas, California, 92024, (hereinafter referred to as "Consultant'), 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 make improvements to the Zone 3 and Zone IV Pump
Stations ( "Project').
C. City desires to engage Consultant to provide professional engineering
services for the design of the Zone III and Zone IV Pumps and Valves upon
the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of Project are Skip Griffin,
P.E., Senior Vice President and James Strayer, P.E.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
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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 c�77 day of r'i / 2000,
and shall terminate on the of C<17?ber-2000, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
eighteen thousand and nine hundred and forty -nine dollars ($18,949).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice, subject to the approval of City.
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3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and 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. STANDARD OF CARE
4.1 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 the 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. Consultant
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represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 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, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 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 charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor", construction means, methods, techniques, sequences or procedures or for
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance
with the contract documents. Consultant shall not have control over or charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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 details
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Skip Griffin to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
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approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 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, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
•
Consultant's control.
8.2 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.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
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property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
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Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. 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).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
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Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, 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.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
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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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
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B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered 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.
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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
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Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
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23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted
without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing 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.
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All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach, Attention Public Works Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Charles A. "Skip" Griffin Jr., P.E.
John Powell & Associates, Inc.
175 Calle Magdalena, Suite 101
Encinitas, CA 92024
(760) 753 -1120
Fax(760)753 -0730
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
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26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clawson
Assistant City Attorney
Ia1a9261I1
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
a
By: t--
Don Webb Director Public Works
City of Ne port Beach
By:
CONSULTANT
By: 01-4
Charles A. "Skip" Gri 'n Jr. .
Senior Vice President
John Powell & Associates, Inc.
\ \mis_l\sys \users \pbw\shared\agreementsNfy 99 -00 \john powell -zone iii design.doc
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EXHIBIT "A"
March 1, 2000
Mr. Michael Sinacori, P.E.
Project Manager
City of Newport Beach
3300 Newport Blvd. P.O. Box 1768
Newport Beach, CA 92658 -8915
0
SUBJECT: PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR
THE NEWPORT ZONE III PUMP STATION IMPROVEMENTS
DESIGN
Proposal No.: 151.011
Dear Mr. Sinacori:
In response to your request, John Powell & Associates, Inc. is pleased to submit this
proposal/agreement to the City of Newport Beach (Client) for engineering consulting
services for the Zone III Pump Station Improvements Design (Project).
It is our understanding that the City desires to implement improvements identified in
the Newport Zone III Pump Station Improvement Study (Powell, 1999). It was
determined that all the pumps should be replaced with new, identical sized pumps
and a new 300 horsepower pump should be added. It was also determined that the
control valves should be upgraded.
It is our understanding that POWELL will basically be providing technical criteria
and selection of pumps and valves for the City to purchase and install. POWELL will
provide no detailed AUTOCAD drawings. A separate contract to install electrical
improvements will be performed in conjunction with this work.
The following scope of services is included in this proposal.
I. SCOPE OF SERVICES
Based on our current understanding of the Project, John Powell & Associates, Inc.
(Powell) will provide the following engineering services:
A. MEETINGS AND SITE VISIT - Prepare for and attend one site visit.
B. BACKGROUND, COORDINATION, AND PHASING - Review pump
station as -built drawings and assess system limitations. Coordinate
with City staff as necessary concerning dimensional requirements and
Mr. Michael Sinacori
March 1, 2000
Page 2 of 6
operational needs, etc.
C. PUMP AND MOTOR DESIGN - Finalize the required pump size, type
and configuration. It is proposed that two 150 horsepower pumps and
one 300 horsepower pump will be replaced, and a new 300 horsepower
pump will be installed. The pumps will operate at variable speeds and
all have new inverter duty motors. Identify two manufacturers (if
available) that can meet the desired pump characteristics. Discuss
variable speed operation needs and obtain budgetary estimates for the
pumps and motors from the manufacturers or their representatives.
Coordinate motor sizing and strip heater power requirements.
D. VALVE DESIGN - Finalize the size and identify preferred
manufacturers for proposed check valves. Identify physical pipe
limitations (upstream and downstream diameters) and note the impact
the installation to the City. The check valves will replace the existing
Cla -Val valves.
E. SPECIFICATIONS - Provide technical section specification sections for
the pumps, valves, aluminum pump enclosures, and electrical
components proposed. It is anticipated that the City will prepare a
purchase order for the pumps, motors, valves and enclosures, and a
second separate bid package for electrical work.
II. ADDITIONAL ENGINEERING SERVICES
If requested by Client, Powell will provide the following Additional Services, beyond
the services included in Section I, Scope of Services:
A. OPTIONAL SERVICES — Retrofit projects can involve significant effort
in comparison to actual construction cost. To minimize initial efforts,
the following tasks may be considered as optional services that the City
may want to add to the Scope of Services.
• SURGE ANALYSIS - It is typically recommended that a surge
analysis be performed when pump station capacity is increased.
Surge analyses can assist in determining the type of control valve
and closing speeds. I£ the City currently experiences minimal
surges in the system, the City nuiy decide to pass on this
alternative.
• BALL VALVE DESIGN - The current scope proposes check valves
based on a City comment during the report. Check valves are
Mr. Michael Sinacori
March 1, 2000
Page 3 of 6
more straightforward than ball valves. Ball valves and their
related design issues (providing adequate pilot control water,
closing speed, etc.) could be added in lieu of check valves. Ball
valves are initially more expensive, but also have minimal
headloss resulting in energy savings.
• PUMP CAN AND PUMP CONDITION ASSESSMENT -
Assessing the condition of existing pumps and valve cans could be
performed to verify that existing equipment is adequate to
provide desired flowrates and operation. It is proposed that all
pumps will currently be replaced and the existing cans will be
utilized.
• EDISON REBATE ASSISTANCE - Assist the City in applying for
Edison rebates for installing energy efficient equipment. This
would likely be an as- needed task since the time and effort to
complete these regulatory issues can vary greatly.
• GAS COMPANY COORDINATION - It is assumed that the City
will coordinate with the Gas Company to obtain necessary supply
to a new generator. Powell or its Subconsultants could assist
with coordinating design issues related to providing a natural gas
supply to the proposed generator.
• AQMD COORDINATION - It is assumed that the City will
coordinate with the South Coast Air Quality Management
District to obtain necessary permits and correspondents necessary
to install and operate the proposed natural gas generator.
• FRONT -END DOCUMENT ASSISTANCE - It is assumed that
the City with develop "front end" bidding documents. Technical
specifications, as proposed in the scope of services, shall be
provided to the City for inclusion into the City's standard bidding
documents. If desired, Powell could assist with preparation of
these documents such as bid schedules, takeoffs, project
descriptions, etc.
• IMPROVEMENT PLAN - Prepare a single AutoCAD design
drawing showing a schematic site plan with proposed civil
improvements and sections of' both the 150 horsepower and 300
horsepower pumps and control valves. It is assumed that two
submittals will be required due and them final mylar drawings.
Plans will be prepared at the 50- percent, 100- percent, and final
levels. It is anticipated that the plan will be used by the City and
Mr. Michael Sinacori •
March 1, 2000
Page 4 of 6
eventually be. added to the electrical bid documents generated
from a separate contract.
• FINAL COST ESTIMATE — Prepare a final cost estimate of the
proposed improvements.
• BIDDING AND CONSTRUCTION SUPPORT SERVICES - If
desired, Powell could provide assistance during bidding and
construction support services during bidding. This could include
submittal reviews, addressing request for information letters,
preparing record drawings, etc.
DISCHARGE PIPE SECTION PLANS - Powell could add a
design sheet to develop sections of discharge piping for the 150
and 300 horsepower pump discharge headers showing the
proposed valve improvements and associated piping
modifications.
• GENERATOR SLAB DESIGN - Powell could include services to
design a slab capable of supporting the proposed generator.
• PUMP ENCLOSURE ACOUSTICS - Provide a more rigorous
evaluation of actual sound mitigation. Through Subconsultant
services actual sound level testing and post - improvement
estimates could be generated.
• PROCESS AND INSTRUMENTATION DIAGRAM — A P &ID
does not appear needed for the proposed improvements, but could
be added if desired. P &IDs are helpful in identifying control
system components.
B. Environmental services, including environmental reviews, analysis or
studies, permit preparation and processing, attendance to public
hearings, etc.
C. Assistance with public participation and communications, including
planning and participation in public outreach programs, attendance to
public meetings and workshops, etc.
D. Planning, analysis or design of additional or alternative facilities.
E. Construction phase services (except as listed in the Scope of Services)
including such services as, assistance during bidding, shop drawing
review, office and field engineering support, field observation,
Mr. Michael Sinacori • •
March 1, 2000
Page 5 of 6
construction contract administration, change order review and
processing, preparation of Record Drawings, etc.
F. Any additional project related services not specifically included in
Section I, Scope of Services.
III. CLIENT FURNISHED SERVICES
Client or its consultants will provide the following services or information:
A. Copies of all relevant reports, studies, drawings, correspondence, and
other relevant project information, dimensions, or data.
B. Assign one person to serve as the Client's project manager who has
authority to represent the Client and will serve as the point of interface
for all project issues and communications.
C. Application and processing of all required permits including complete
environmental compliance.
D. All required surveys and photogrammetry services including complete
topographic information based upon lambert coordinate system, location
and plotting of property lines, right of ways, and easements, ground
survey and spot elevations for obscured or flat areas, and critical
drainage and tie in locations, flow line elevations of sewer and drainage
manholes, and other information necessary to support the planning or
design services.
E. Planning, design and cost estimating for the following disciplines or
specialty areas, including: Environmental services, Architectural
services, Landscape Architectural services, and Materials testing.
F. Coordination and processing with all utility companies, except as
included in the Scope of Services
G. Front -end documents and/or purchase orders required to purchase or bid
equipment and construction work.
H. A complete written description of all pertinent project information and
issues, including all unusual or critical requirements of the Client.
I. Electrical design contract. It is assumed that the City will enter into a
separate design contract for electrical work. These tasks are anticipated
Mr. Michael Sinacori
March 1, 2000
Page 6 of 6
to include: Modifications to the existing electrical cabinets will be
required, variable speed drives will be installed and separate meters will
be installed for the Zone III and Zone IV pump stations.
IV. FEES, CONDITIONS AND SCHEDULE
A. The Services described in Section I, Scope of Services, and Section 1I,
Additional Services, will be provided on an hourly rate basis in
accordance with the John Powell & Associates, Inc. Standard Rate
Schedule in effect at the time the services are performed. A copy of the
current Standard Rate Schedule is attached. The Scope of Services shall
have an initial upper limit of $18,949.00.
B. The services described in Section I, will be provided within 60 working
days of the written notice to proceed. Additional services, if necessary,
shall be performed during a mutually agreeable timeframe over and
above the 60 -day period.
We appreciate the opportunity of offering this proposal, and we look forward to
working with you on this project.
If you have any questions, please call our project manager, James J. Strayer or me.
Respectfully submitted,
JOHN POWELL & ASSOCIATES, INC.
Charles A. "Skip" Griffin, Jr., P.E.
Senior Vice President
Principal -in- Charge
CAG /JS /cj 1
Attachment
c: James J. Strayer, Powell
Sara Maples, Powell
• EXHIBIT "B" •
JOHN POWELL & ASSOCIATES, INC.
Project Name: Zone III Pump Station Improvements
Client/Owner: Mike Sinacori, City of Newport Beach
Proj. Manager: Skip Griffin /James Strayer
Prepared By: James Strayer
Date Prepared: 03/01/2000
Proj /Prop No.: 151.011
POWELL
ITEM TOTAL
I. Labor $18,381
II. Outside Services $0
III. Direct Costs $568
TOTAL $18,949
,::::,C. LASSIFICATION RATES I
Classification Table Rate
Clerical (CL)
P1
$39
Engineering Tech /Administrator I /Word Processor I (AD)
P2
$47
Drafter /Field Rep. I /Administrator II /Word Processor II (D)
P3
$53
Assistant Engineer /Designer /Field Rep. II /Administrator III (DES)
P4
$65
Associate Engineer /Senior Designer /Senior Field Rep /Senior Administrator (SD)
P5
$76
Engineer /Resident Engineer /Administrative Manager /Senior Design Manager (E)
P6
$84
Senior Engineer /Construction Manager (SE)
P7
$94
Supervising Engineer /Senior Construction Manager (SPE)
P8
$104
Principal Engineer (PE)
P9
$118
Project Director /Senior Management Engineer (DIR)
P10
5140
Principal (PR)
P11
S149
DATE O'30'.2000
FILE 2 00 is 1 01 1 ;aV 2m design tae xls
JPA PA000 2'49
I IS C,III" kl { J�7lann Soil, � 101 f nciniias. C:.4 Q)0"'1 ! ' ',d)) I`>a 1 1 ?O
RPR -24 -2000 08145 MIIHHEL EHRENFELD CO.
619 6839999 P.02iO3
1.JpLN.'r.:J .IAA -1 Vtl�J..La.1✓"T.. alxVl Ayl 1.lVL.
I 1 11 -- ' - -'.. -.... Odle Garza2000
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Michael Ehrenfeld Company
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
2655 Camino Del Rio North, Suite 200
San Diego. CA 92108
(619) 683 -9990 Fax (619) 683 -9999
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
COMPANY COMPANIES AFFORDING COVERAGE
License 00537922 P „'j
A American Motorists Insurance Company
INSURE( p0
COMPANY
John Powell & Associates, Inc.
a American Motorists Insurance Company
175 Calle Magdalena, Suite 101
COMPANY
Encinitas, CA 92024
C American Motorists Insurance Company
COMPANY
D Continental Casualty Company
gm t a
MAMMON aC.,:.,
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS.
CO
POLICY EFFECTIVE
POLICY EXPIRATION
LTA
TYPECFINSURANOE
POLICY NUMBER
DATE MMrDpry
DATE MMIpWYY
UMITS
GENEML
LIABILITY
GENERAL AGGREGATE
$2.000.000.
PRODUCTS - COMPIOPAGG
2000000,
A
X
coHMEAVALGEHEMLUASRITY
MA+c HARE Fxl--
7R$659408 -00
2/3/00
2/3101
PERSONAL a ADV INJURY
1,000,000.
w RSACOMIM RRPRD
X
EACHOCCURRENCE
1,000,000.
FIRE DAMAGE (Any P N.)
100,000.
X
Cono-ac l Uaoihry
X
=U LaNhtf
MED EXP(AnY Onr wrtonl
10,000.
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
$1,000,000
BODILY INJURY
.LL wn.ED Amos
B
SC INAEDa
7RS659408 -00
02/03/2000
02/03/2001
(Pw IPio „)
BODILY INJURY
X
NREDAY 5
)(
rlDUaua;Dnuros
(Per Acooena
PROPERTY DAMAGE
OARAOE LIABILITY
AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY
ANV ADiD
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY
EACH ACCIDENT
$1,000.000.
A
X HeREL1 FARM
7RS559408.00
02/03/2000
02/03/2001
AGGREGATE
1,000,000.
prHFR T' WeItEW
WORKERS COMPENSATION
ITI
X I 11 A U• LT I I Fit
TOR
C
EMPLOYERS' UAWLITY
THE PROPRIETORJ L
PARTNERSrEXECIfTIVE
7CW305325 -01
09/01/1999
0910112000
EL EACH ACCIDENT
1 OOO OOO.
EL DISEASE. POLICY LIMIT
1
OFFICERSARE x EXCL
EL DISEASE.EA EMPLOYEE
1 000000
D
OTHER PROFESSIONAL LIABILITY
AEN113780458
02/03/2000
02/03/2001
$ 2,010,1100 Each Claim
82.000.000. Aggregate
$35,000 Oeductible
DESCRIPTION OF OPERATIONSILOCATION SNEHICLESISPECIAL ITEMS
Re: Zone III & Zone IV Pump Station Control Panel Improvements.lt is agreed that the City of Newport Beach, its elected
officials, officers, agents, representatives. employees and volunteers are included as Additional Insureds as per form SP8662
attached. As respects the general and automobile liability this insurance is primary and non - contributing as per form BP8662.
NOTE. 10 day notice of cancellation in the event of non-payment of premium.
14
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Newport Beach
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL EH7Q4nCT+tr MAIL
Public Works Department
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
P O Box 1768
iNewport Beach, CA 92658 -8915
E
Attn.: Shauna Oyler
UD ORgEO REPRESEN .T
APR -24 -2000 00:46 MICHAEL EHRENFELD CO. • 619 6839999 P.03103
ARCHITECTS AND ENGINEERS PROGRAM ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS POLICY
A. ADDITIONAL INSURED
The following is added to paragraph C., WHO IS AN INSURED. of the
Businessowners Liability Coverage Form. BP 71 08:
All persons or organizations on file with the company as Additional
Insureds are also an insured, but only with respect to liability
arising out of your ongoing operations for that insured.
B. PRIMARY COVERAGE
With respect to claims arising out of the operations of the Named
Insured, such insurance as afforded by this policy is primary and
is not additional to or contributing with any other insurance
carried by or for the benefits of the above Additional Insureds.
C. WAIVER OF SUBROGATION
Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US condition, of the Businessowners Common Policy
Conditions, BP 71 10, is deleted and replaced by the following:
2. Applicable to Businessowners Liability Coverage:
a. If the insured has rights to recover all or part of any pay-
ment we have made under this policy, those rights are trans-
ferred to us. This insurance shall not be invalidated should
the Named Insured waive in writing, prior to a loss, any or
all right of recovery against any party for a loss occurring.
However, the insured must do nothing after a loss to impair
these rights. At our request, the insured will bring "suit"
or transfer those rights to us and help us enforce them.
This condition does not apply to Medical Expenses Coverage.
b. After a loss you may waive your rights against another party
in writing, only if, at the time of the loss, that party is
one of the following:
A business firm: 1) Owned or controlled by you; or
2) That owns or controls you.
D. NOTICE OF CANCELLATION
1 . If we cancel this policy for any reason other than nonpayment of
premium, we will mail written notice at least 30 days before the
effective date of cancellation to the Additional Insureds in
paragraph A. above.
2. If we cancel this policy for nonpayment of premium, we will mail
written notice at least 10 days before the effective date of
cancellation to the Additional Insureds in paragraph A. above.
THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN
IgCI IFnI ArTGp -rwr- Qnr If V IC id /RIT -rCr\I
TOTAL P.03
APR -26 -00 WED 09:36 AM • FAX N0. •
KCAL- SURANCE
California Insurance License 0256292
COMMERCIAL DEPARTMENT
FAX COVER SHEET
....................... -........................................
DATE: 412612000
TIME: 9:35 AM
TOTAL NO. OF PAGES INCLUDING COVER (5 )
TO FROM
...........................................................
FAX NO.: (949)644 -3318 FAX NO.: (714)939 -1654
COMPANY: City of Newport Beach SENDER: Celia James
ATTENTION: Shauna Oyler PHONE NO.: (714)940 -6828
EMAIL: cjames@calsurance.com
.......................................
RE: Certificate of Insurance —
John Powell Associates
Dear Shauna:
Enclosed Is the revised certificate of insurance for the above - captioned conttractor looks fine
now.
Should you have any questions with regards to this certificate, do not hesitate to give me a call.
Thank you.
Celia
333 Ctty Boulevard west, Orange. CA 92868 • P.O. Pox 7098, Orange, CA 92863,7048 • 714 - 979.0800 • 714- 939 -1654
P. 01/05
•
10
Workers Compensation Insurance
Waiver of Rights of Subrogation
It is agreed that as respects any insurance afforded by this policy and any payments made
the company will not enforce its rights of recovery against the person or organization
named in the schedule below:
Person or Organization: The City of Newport Beach, its elected officials, officers, agents,
representatives and employees.
Job Description: All locations /All operations
Named Insured: John Powell & Associates, Inc.
Policy No.: 7CW305325 -01
Company: American Motorists Insurance Company
Agent: Michael Ehrenfeld Company
Countersigned
March 14, 2000
CITY COUNCIL AGENDA
ITEM NO. 14
TO: Mayor and Members of the City Council
FROM: Public Works Department
��{{�� tt��l!�eirr
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMA S OR
ZONE III AND ZONE IV WATER PUMPING STATONS
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute a Professional Services Agreement
with John Powell and Associates for a fee of $18,949 and with Mark Balan &
Associates for a fee of $27,944.
DISCUSSION:
The Zone III and Zone IV water pump stations at the Big Canyon Reservoir site serve
the areas east of Jamboree Road. Both stations were constructed in 1972. As the
Newport Center area developed and Corona del Mar built up, output demand has also
increased from the Zone III station. The equipment at this station is almost 30 years old
and needs to be upgraded to improve efficiency.
The City retained the civil engineering firm of John Powell & Associates to evaluate the
Zone III and Zone IV pump stations' operation and efficiency under present and future
conditions. Their study recommended replacing the pumps and electrical control
panels and adding a backup power supply for the Zone III station. The installation of
variable frequency drives was proposed to manage the fluctuation of demands in Zone
III more efficiently. The existing electrical controls for the Zone III and IV stations are
housed in a metal enclosure, adjacent to the pump station. In an effort to provide
improved working conditions for the operation staff, it is proposed to move both
electrical panels inside the existing Big Canyon Reservoir control room. Although only
the Zone III controls were recommended to be moved as part of the Powell study, the
Zone IV controls should also be upgraded to current technology to improve the
operation of the Zone IV station. The other functions of the Zone IV station are
operationally sound and do not need upgrading at this time.
The proposed Zone III pump station upgrade will provide new pumps, electrical motors,
variable frequency drives, electrical control panels, and backup generator power supply
for selected pumps. Only minor modifications and adjustments will be needed for the
above and belowground piping systems. Most of the pump and installation work will be
accomplished by the Utilities Division staff.
0 w
SUBJECT: Approval of Professional Services Agreements for Zone III and Zone IV Water Pumping Stations
March 14, 2000
Page 2
Additional electrical engineering services are required to design the electrical panels
and control systems. Before the new pumps and electrical motors can be ordered, the
services of a civil engineer will be required to design a pump and motor for a variable
speed drive, valve design, and the preparation of specifications to bid the various
elements of the mechanical improvements for the pump station. Proposals were
requested from Mark Balan & Associates, for the preparation of plans and
specifications related to the electrical control improvements; and John Powell &
Associates, Inc., for preparation of mechanical bid specifications for the pump, motor
and valves. After reviewing the qualifications and proposals of both firms, Staff
recommends Mark Balan and Associates be retained to perform the electrical design
efforts for a fee of $27,944 and John Powell and Associates, be retained to prepare the
mechanical bid specifications for a fee of $18,949.
Attached for review and approval are both professional services agreements
accompanied with their respective proposals.
RECOMMENDATION AND FUNDING:
$764,000 was budgeted for the Zone III Pump Station improvements and is available in
the Water Enterprise Fund under Capital Project Account No. 7503- C5500531. Staff
recommends approval of the professional services agreement with John Powell and
Associates and with Mark Balan and Associates. The remaining funds will be re-
budgeted into the next fiscal year for the purchase of the standby generator, pumps,
and installation of the control panels.
Respec y submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
/)
By: -fit �G�c
MichaelUJ Sinacori, . E.
Utilities Engineer
Attachments: Draft Professional Services Agreement with John Powell and Associates
Draft Professional Services Agreement with Mark Balan and Associates
f:\ users \pbw\shared \council \fy99 -00 \march- 14\zone iii & zone iv.doc
PROFESSIONAL SERVICES AGREEMENT
FOR
DESIGN OF ZONE III and Zone IV CONTROL PANEL IMPROVEMENTS
THIS AGREEMENT, entered into this day of , 1999, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and Mark Balan and Associates, whose address is 19871 Yorba Linda
Boulevard, Suite 105, Yorba Linda, California, 92686, (hereinafter referred to as
"Consultant "), 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 make improvements to the Zone III and Zone IV Pump
Stations ('Project').
C. City desires to engage Consultant to provide professional electrical
engineering services for the design of the Zone III and Zone IV Panel
Improvements upon the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of Project are Mark Balan,
P.E., Principal and D. D. Chatterjee, P.E., as Project Engineer.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
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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 2000,
and shall terminate on the day of 2000, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
twenty seven thousand and nine hundred and forty -four dollars ($27,944).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice, subject to the approval of City.
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J
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and 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. STANDARD OF CARE
4.1 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 the 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. Consultant
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represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 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, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 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 charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor', construction means, methods, techniques, sequences or procedures or for
any health or safety precautions and programs in connection 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 charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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 details
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Mark Balan to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
-5-
approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 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, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
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Consultant's control.
8.2 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.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
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property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
In
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Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. 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).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
0
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, 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.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
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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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
55111
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0
E
B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered 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.
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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
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0
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
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23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted
without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing 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.
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All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach, Attention Public Works Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Mark Balan
Mark Balan and Associates
19871 Yorba Linda Boulevard
Suite 105
Yorba Linda, Ca 92686
(714) 970 -2000
Fax (714) 970 -1237
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
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26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date: of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
M
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb, Director Public Works
City of Newport Beach
CONSULTANT
Is
Mark Balan
President
Mark Balan and Associates
\\mis_l\sys\ users \pbwshared\agreements \fy 99- 00 \13alan Zone III 8 IV Panel Design.doc
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CONSULTING ELECTRICAL ENGINEERS
March 6, 2000
Mr. Michael Sinacori, P.E.
Project Manager
City of Newport Beach
3300 Newport Blvd. P.O. Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: PROPOSAL TO PROVIDE ELECTRICAL ENGINEERING
SERVICES FOR THE NEWPORT ZONE III AND ZONE IV
PUMP STATION IMPROVEMENTS DESIGN
Dear Mr. Sinacori:
In response to your request, Mark Balan & Associates (MB &A) is pleased to submit this
proposal /agreement to the City of Newport Beach (Client) for electrical engineering consulting services
for the Zone III and Zone N Pump Station Improvements Design (Project).
It is our understanding that the City desires to implement improvements identified in the Newport Zone
III and IV Pump Station Improvement Study (Powell, 1999). It was determined that all the pumps
should be replaced with new, identical sized pumps and a new 300 horsepower pump should be added.
A separate contract to perform mechanical, civil and structural improvements will be performed in
conjunction with this work.
The following scope of services is included in this proposal.
I. SCOPE OF SERVICES
Based on our current understanding of the Project, Mark Balan & Associates (MB &A)
will provide the following engineering services:
TASK NO: DESCRIPTION
1. Field Visit, review existing As Built Drawings and verify conditions it applies to
the above project.
2. Coordinate with SCE for service split between Zone III and Zone IV loads.
19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686
(714) 970 2000 - Facsimile (714) 970 1237
WEB SITE: http: / /www.balan.com
E -Mail: mail@balan.com
Page I
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TASK NO: DESCRIPTION
3 Prepare modifications to existing Single Line Diagram and demolition plans
4 Design Modifications to existing Pmnp controls and integrate with proposed
System
5 Design new single line diagram for two (2) at 300 HP and two (2) at 150 HP
Pumps with VFDs for Zone III and new single line diagram for Zone IV..
6 Design new MCC line -up for the above loads.
7 Design Power Distribution for the above Pumps.
8 Design new Emergency Generator Connection for portable emergency power to
the above Zone III Pumps.
9 Design miscellaneous 120 volts AC to receptacles etc.,
10 Prepare 50 %. 100% and Final Plans and specifications and cost estimates.
I I Project Management and meetings (max. 2 meetings of 4 hrs. each)
Assumptions:
1. All necessary background drawings will be furnished to us in AutoCAD Ref 13 or 14 files
by City.
2. Existing Service has adequate capacity for the above proposed scheme.
Ill. CLIENT FURNISHED SERVICES
The following services or information will be provided by Client or its consultants:
A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant
project information or data.
B. Assign one person to serve as the Client's project manager who has authority to
represent the Client and will serve as the point of interface for all project issues and
communications.
C. Application and processing of all required permits.
D. All required surveys and photogrammetry services including complete topographic
information based upon lambert coordinate system, location and plotting of property
lines, right of ways, and easements, ground survey and spot elevations for obscured or
19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686
(714) 970 2000 - Facsimile (714) 970 1237
WEB SITE: http: / /www.balan.com
E -Mail: rnail@balan.com
Page 2
flat areas, and critical drainage and tie in locations, flow line elevations of sewer and
drainage manholes, and other information necessary to support the planning or design
services.
E. Planning, design and cost estimating for the following disciplines or specialty areas,
including:
Environmental services
Architectural services
• Landscape Architectural services
Materials testing
Mechanical, Civil and Structural
F. Coordination and processing with all utility companies, except as included in the Scope
of Services
G. Front -end documents and/or purchase orders required to purchase or bid equipment and
construction work.
H. A complete written description of all pertinent project information and issues, including
all unusual or critical requirements of the Client.
I. Mechanical/Civil Structural Engineering: It is assumed that the City will
enter into a separate design contract for mechanical, civil and structural
al work..
III. FEES AND CONDITIONS
A. The Services described in Section I, Scope of Services will be provided on an hourly
rate basis in accordance with the Mark Balan & Associates Standard Rate Schedule in
effect at the time the services are performed. A copy of the current Standard Rate
Schedule is attached. The Scope of Services shall have an initial upper limit of
$27,944.
We appreciate the opportunity of offering this proposal, and we look forward to working with you on
this project. If you have any questions, please feel free to contact me at (7 14) 970 2000 extension 30.
Very truly yours,
!; is
MARK BALAN & ASSOCIATES
Mark H. Balan, PE., Principal
19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686
(714) 970 2000 - Facsimile (714) 970 1237
WEB SITE: bttp: / /www.balan.com
E -Mail: mail@balan.com
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PROFESSIONAL SERVICES AGREEMENT
FOR
DESIGN OF ZONE III and Zone IV PUMP STATION IMPROVEMENTS
THIS AGREEMENT, entered into this day of , 1999, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred
to as "City "), and John Powell & Associates, Inc., whose address is 175 Calle Magdalena,
Suite 101, Encinitas, California, 92024, (hereinafter referred to as "Consultant "), 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 make improvements to the Zone 3 and Zone IV Pump
Stations ( "Project').
C. City desires to engage Consultant to provide professional engineering
services for the design of the Zone III and Zone IV Pumps and Valves upon
the terms and conditions contained in this Agreement.
D. The principal members of Consultant for purpose of Project are Skip Griffin,
P.E., Senior Vice President and James Strayer, P.E.
E. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant and
desires to contract with Consultant under the terms of conditions provided in
this Agreement.
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NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The berm of this Agreement shall commence on the _ day of 2000,
and shall terminate on the day of 2000, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
eighteen thousand and nine hundred and forty-nine dollars ($18,949).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City, payable by City within
thirty (30) days of receipt of invoice, subject to the approval of City.
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3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance by
City. Such cost shall be limited and shall include nothing more than the following costs
incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and 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. STANDARD OF CARE
4.1 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 the 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. Consultant
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represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
4.2 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, or any other delays beyond Consultant's control
or without Consultant's fault.
4.3 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 charge of, and shall not be
responsible for Project's design, Project's contractor (hereinafter referred to as
"Contractor", construction means, methods, techniques, sequences or procedures or for
any health or safety precautions and programs in connection 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 charge of acts or
omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or
employees, or of any other persons performing portions of the work.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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 details
in means of performing the work provided that Consultant is in compliance with the terms
of this Agreement. Anything in this Agreement which may appear to give City the right to
direct Consultant as to the details of the performance of the services or to exercise a
measure of control over Consultant shall mean that Consultant shall follow the desires of
City only in the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies, which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Skip Griffin to be its Project Manager.
Consultant shall not bill any personnel to Project other than those personnel identified in
Exhibit "B ", whether or not considered to be key personnel, without City's prior written
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approval by name and specific hourly billing rate. Consultant shall not remove or reassign
any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City, and the assessment of damages against
Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible
for delays which are due to causes beyond Consultant's reasonable control. However, in
the case of any such delay in the services to be provided for Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
8.1 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, which purportedly causes a delay, and not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays, which are beyond
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Consultant's control.
•
8.2 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.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
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property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A VII or better
carriers, unless otherwise approved by City Risk Manager.
A. Worker's compensation insurance covering all employees and principals of
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Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. 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).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
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Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, 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.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant
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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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one
copy of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
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B. Provide blueprinting, CADD plotting, copying and other services through
City's reproduction company for each of the required submittals. Consultant
will be required to coordinate the required submittals with City's
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DXF) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Eldon
Davidson shall be considered 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.
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. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
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Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of seven percent (7 %) per annum 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
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23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted
without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing 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.
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All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach, Attention Public Works Director
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Charles A. "Skip" Griffin Jr., P.E.
John Powell & Associates, Inc.
175 Calle Magdalena, Suite 101
Encinitas, CA 92024
(760) 753 -1120
Fax (760) 753 -0730
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
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26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. 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
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
M
Don Webb, Director Public Works
City of Newport Beach
CONSULTANT
A
Charles A. "Skip" Griffin Jr., P.E.
Senior Vice President
John Powell & Associates. Inc.
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EXHIBIT "A"
March 1, 2000
Mr. Michae., Sinacori, P.E.
Project Manager
City of Newport Beach
3300 Newport Blvd. P.O. Box 1768
Newport Beach, CA 92658 -8915
•
SUBJECT: PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR
THE NEWPORT ZONE III PUMP STATION IMPROVEMENTS
DESIGN
Proposal No.: 151.011
Dear Mr. Sinacori:
In response to your request, John Powell & Associates, Inc. is pleased to submit this
proposal/agreement to the City of Newport Beach (Client) for engineering consulting
services for the Zone III Pump Station Improvements Design (Project).
It is our understanding that the City desires to implement improvements identified in
the Newport Zone III Pump Station Improvement Study (Powell, 1999). It was
determined that all the pumps should be replaced with new, identical sized pumps
and a new 300 horsepower pump should be added. It was also determined that the
control valves should be upgraded.
It is our understanding that POWELL will basically be providing technical criteria
and selection of pumps and valves for the City to purchase and install. POWELL will
provide no detailed AUTOCAD drawings. A separate contract to install electrical
improvements will be performed in conjunction with this work.
The following scope of services is included in this proposal.
I. SCOPE OF SERVICES
Based on our current understanding of the Project, John Powell & Associates, Inc.
(Powell) will provide the following engineering services:
A. MEETINGS AND SITE VISIT - Prepare for and attend one site visit.
B. BACKGROUND, COORDINATION, AND PHASING - Review pump
station as -built drawings and assess system limitations. Coordinate
with City staff as necessary concerning dimensional requirements and
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Mr. Michael Sinacori
March 1, 2000
Page 2 of 6
operational needs, etc.
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C. PUMP AND MOTOR DESIGN - Finalize the required pump size, type
and configuration. It is proposed that two 150 horsepower pumps and
one 300 horsepower pump will be replaced, and a new 300 horsepower
pump will be installed. The pumps will operate at variable speeds and
all have new inverter duty motors. Identify two manufacturers (if
available) that can meet the desired pump characteristics. Discuss
variable speed operation needs and obtain budgetary estimates for the
pumps and motors from the manufacturers or their representatives.
Coordinate motor sizing and strip heater power requirements.
D. VALVE DESIGN - Finalize the size and identify preferred
manufacturers for proposed check valves. Identify physical pipe
limitations (upstream and downstream diameters) and note the impact
the installation to the City. The check valves will replace the existing
Cla -Val valves.
E. SPECIFICATIONS - Provide technical section specification sections for
the pumps, valves, aluminum pump enclosures, and electrical
components proposed. It is anticipated that the City will prepare a
purchase order for the pumps, motors, valves and enclosures, and a
second separate bid package for electrical work.
II. ADDITIONAL ENGINEERING SERVICES
If requested by Client, Powell will provide the following Additional Services, beyond
the services included in Section I, Scope of Services:
A. OPTIONAL SERVICES — Retrofit projects can involve significant effort
in comparison to actual construction cost. To minimize initial efforts,
the following tasks may be considered as optional services that the City
may want to add to the Scope of Services.
• SURGE ANALYSIS - It is typically recommended that a surge
analysis be performed when pump station capacity is increased.
Surge analyses can assist in determining the type of control valve
and closing speeds. If the City currently experiences minimal
surges in the system, the City may decide to pass on this
alternative.
• BALL VALVE DESIGN - The current scope proposes check valves
based on a City comment during the report. Check valves are
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Mr. Michael Sinacori
March 1, 2000
Page 3 of 6
more straightforward than ball valves. Ball valves and their
related design issues (providing adequate pilot control water,
closing speed, etc.) could be added in lieu of check valves. Ball
valves are initially more expensive, but also have minimal
headloss resulting in energy savings.
• PUMP CAN AND PUMP CONDITION ASSESSMENT -
Assessing the condition of existing pumps and valve cans could be
performed to verify that existing equipment is adequate to
provide desired flowrates and operation. It is proposed that all
pumps will currently be replaced and the existing cans will be
utilized.
• EDISON REBATE ASSISTANCE - Assist the City in applying for
Edison rebates for installing energy efficient equipment. This
would likely be an as- needed task since the time and effort to
complete these regulatory issues can vary greatly.
• GAS COMPANY COORDINATION - It is assumed that the City
will coordinate with the Gas Company to obtain necessary supply
to a new generator. Powell or its Subconsultants could assist
with coordinating design issues related to providing a natural gas
supply to the proposed generator.
• AQMD COORDINATION - It is assumed that the City will
coordinate with the South Coast Air Quality Management
District to obtain necessary permits and correspondents necessary
to install and operate the proposed natural gas generator.
• FRONT -END DOCUMENT ASSISTANCE - It is assumed that
the City with develop "front end" bidding documents. Technical
specifications, as proposed in the scope of services, shall be
provided to the City for inclusion into the City's standard bidding
documents. If desired, Powell could assist with preparation of
these documents such as bid schedules, takeoffs, project
descriptions, etc.
• IMPROVEMENT PLAN - Prepare a single AutoCAD design
drawing showing a schematic site plan with proposed civil
improvements and sections of both the 150 horsepower and 300
horsepower pumps and control valves. It is assumed that two
submittals will be required due and then final mylar drawings.
Plans will be prepared at the 50- percent, 100 - percent, and final
levels. It is anticipated that the plan will be used by the City and
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Mr. Michael Sinacori
March 1, 2000
Page 4 of 6
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eventually be added to the electrical bid documents generated
from a separate contract.
• FINAL COST ESTIMATE — Prepare a final cost estimate of the
proposed improvements.
• BIDDING AND CONSTRUCTION SUPPORT SERVICES - If
desired, Powell could provide assistance during bidding and
construction support services during bidding. This could include
submittal reviews, addressing request for information letters,
preparing record drawings, etc.
• DISCHA.RGE PIPE SECTION PLANS - Powell could add a
design sheet to develop sections of discharge piping for the 150
and 300 horsepower pump discharge headers showing the
proposed valve improvements and associated piping
modifications.
• GENERATOR SLAB DESIGN - Powell could include services to
design a slab capable of supporting the proposed generator.
• PUMP ENCLOSURE ACOUSTICS - Provide a more rigorous
evaluation of actual sound mitigation. Through Subconsultant
services actual sound level testing and post- improvement
estimates could be generated.
• PROCESS AND INSTRUMENTATION DIAGRAM - A P &ID
does not appear needed for the proposed improvements, but could
be added if desired. P &IDs are helpful in identifying control
system components.
B. Environmental services, including environmental reviews, analysis or
studies, permit preparation and processing, attendance to public
hearings, etc.
C. Assistance with public participation and communications, including
planning and participation in public outreach programs, attendance to
public meetings and workshops, etc.
D. Planning, analysis or design of additional or alternative facilities.
E. Construction phase services (except as listed in the Scope of Services)
including such services as, assistance during bidding, shop drawing
review, office and field engineering support, field observation,
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Mr. Michael Sinacori
March 1, 2000
Page 5 of 6
construction contract administration, change order review and
processing, preparation of Record Drawings, etc.
F. Any additional project related services not specifically included in
Section I, Scope of Services.
III. CLIENT FURNISHED SERVICES
Client or its consultants will provide the following services or information:
A. Copies of all relevant reports, studies, drawings, correspondence, and
other relevant project information, dimensions, or data.
B. Assign one person to serve as the Client's project manager who has
authority to represent the Client and will serve as the point of interface
for all project issues and communications.
C. Application and processing of all required permits including complete
environmental compliance.
D. All required surveys and photogrammetry services including complete
topographic information based upon lambert coordinate system, location
and plotting of property lines, right of ways, and easements, ground
survey and spot elevations for obscured or flat areas, and critical
drainage and tie in locations, flow line elevations of sewer and drainage
manholes, and other information necessary to support the planning or
design services.
E. Planning, design and cost estimating for the following disciplines or
specialty areas, including: Environmental services, Architectural
services, Landscape Architectural services, and Materials testing.
F. Coordination and processing with all utility companies, except as
included in the Scope of Services
G. Front -end documents and/or purchase orders required to purchase or bid
equipment and construction work.
H. A complete written description of all pertinent project information and
issues, including all unusual or critical requirements of the Client.
I. Electrical design contract. It is assumed that the City will enter into a
separate design contract for electrical work. These tasks are anticipated
Mr. Michael Sinacori
March 1, 2000
Page 6 of 6
to include: Modifications to the existing electrical cabinets will be
required, variable speed drives will be installed and separate meters will
be installed for the Zone III and Zone IV pump stations.
IV. FEES, CONDITIONS AND SCHEDULE
A. The Services described in Section I, Scope of Services, and Section II,
Additional Services, will be provided on an hourly rate basis in
accordance with the John Powell & Associates, Inc. Standard Rate
Schedule in effect at the time the services are performed. A copy of the
current Standard Rate Schedule is attached. The Scope of Services shall
have an initial upper limit of $18,949.00.
B. The services described in Section I, will be provided within 60 working
days of the written notice to proceed. Additional services, if necessary,
shall be performed during a mutually agreeable timeframe over and
above the 60 -day period.
We appreciate the opportunity of offering this proposal, and we look forward to
working with you on this project.
If you have any questions, please call our project manager, James J. Strayer or me.
Respectfully submitted,
JOHN POWELL & ASSOCIATES, INC.
Charles A. "Skip" Griffin, Jr., P.E.
Senior Vice President
Principal -in- Charge
CAG /JS /cjt
Attachment
c: James J. Strayer, Powell
Sara Maples, Powell
0 EXHIBIT "B"
JOHN POWELL & ASSOCIATES, INC.
Project Name: Zone III Pump Station Improvements
Client/Owner: Mike Sinacori, City of Newport Beach
Proj. Manager: Skip Griffin /James Strayer
Prepared By: James Strayer
Date Prepared: 03/0112000
Proj /Prop No.: 151.011
POWELL
ITEM TOTAL
I. Labor $18,381
II. Outside Services $0
III. Direct Costs $568
TOTAL $18,949
Classification Table
Rate
Clerical (CL)
P1
$39
Engineering Tech /Administrator I /Word Processor I (AD)
P2
$47
Drafter /Field Rep. I /Administrator II /Word Processor 11 (D)
P3
$53
Assistant Engineer /Designer /Field Rep. II /Administrator III (DES)
P4
$65
Associate Engineer /Senior Designer /Senior Field Rep /Senior Administrator (SD)
P5
$76
Engineer /Resident Engineer /Administrative Manager /Senior Design Manager (E)
P6
$84
Senior Engineer /Construction Manager (SE)
P7
$94
Supervising Engineer /Senior Construction Manager (SPE)
P8
$104
Principal Engineer (PE)
P9
$118
Project Director /Senior Management Engineer (DIR)
P10
$140
Principal (PR)
P11
$149
DATE: 03/01/2000
FILE: 2 -00 151.011 rev Ziii design fee.xls
JPA PA400 -2199
175 Calle Magdalena, Suite 101, Encinitas, CA 92024 / (760) 753 -1120