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C-4113 - PSA for Sewer Pump Station Master Plan Improvements
AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS THIS AMENDMENT NO. THREE TO PROFESSIONAL �_�1S��ERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this `4 ' day of W, LM tJf',0L , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and STANTEC CONSULTING SERVICES INC. (formerly known as Stantec Consulting California, Inc.), a New York Corporation whose address is 19 Technology Drive, Irvine, California 92618 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 14, 2008, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for professional engineering services for the Sewer Pump Station Master Plan Improvements Project ( "Project "). B. On October 9, 2009, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work and total compensation ( "Amendment No. One "). C. On February 9, 2010, City and Consultant entered into Amendment No. Two to the Agreement to increase the scope of work and total compensation ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, increase the total compensation and update the City's insurance requirements. E. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section Two of the Agreement shall be supplemented to include the Scope of Services dated October 21, 2010, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Ninety -Eight Thousand, Eight Hundred Fifty -Seven Dollars and no /100 ($398,857.00) without prior written authorization from City ( "Total Amended Compensation'). 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, in an amount not to exceed Fourteen Thousand Dollars and no /100 ($14,000.00), without prior written authorization from City. 3. INSURANCE Section Four of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates below. APPROVED AS TO FORM: OFFIC OF THE CITY ATTORNEY Date: BQ LIA V�L� Leonie Mulvihill Assistant City Attorney `� 1 ATTEST: Date: II1I a0 I fo By: I'Uru v Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: 101 ho By: �_ G U r� Dave Kiff, City Manager CONSULTANT:STANTEC CONSULTING SERVICES INC., California corporation Date: It-/I Ito By: 6 �- Douglas Johns n Vice Presiden Lei M Attachment: Exhibit A — Additional Services to be Performed 0 Stantec October 21, 2010 Stantec Consulting Inc. 19 Technology Drive Irvine CA 92618-2334 Tel: (949) 923-6000 Fax: (949) 923-6121 EXNl8IT A Mr. Andy Tran, P.E. Senior Civil Engineer City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92663-3884 J.N. 2040467900 Reference: Request for Authorization for Additional Construction Support Services for the (S) Wastewater Pump Stations Modifications Project- Revised Change Order Request No. 3 Dear Andy, Stantec is pleased to present the following revised change order request No. 3 letter proposal for additional construction support services for the subject wastewater pump stations modifications project. The City of Newport Beach has requested that Stantec (with support from Dudek) provide the following additional support services at the direction and request of the City: • Attend weekly construction meetings as requested by the City. • Provide review and feedback on contractor's change orders. • Conduct additional field visits as necessary, and where appropriate, and make field recommendations. Provide on-site construction guidance, observation and consultation as needed and requested by the City. • Review and respond to additional RFI's in excess of the original contract scope. • Process additional shop drawings and submittals in excess of the original contract scope. To perform the above scope of services, an additional 84 hours of construction support services time by Neil Harper (Dudek) for the (5) Wastewater Pump Stations project to an anticipated completion date of May 2011 is proposed. Therefore, we are requesting that our existing contract be increased by $14,000. See attached breakdown. If you should have any questions, please do not hesitate to call the undersigned directly. Sincerely, STANTIE,Q CONSULTING INC. Robert F. Seeman, P.E. Senior Project Manager Tel: (949) 923-6266 Fax: (949) 923-6121 bob.seeman@stantec.com c: Mike Sinacori, Newport Beach Neil Harper, Dudek V: YPROJECT6120404670001doc1300wnt=Request 3 constsupW 20f00t130.doc City o Newport Beach Estimated Cost Breakdown own of Change Order Request Fee for Additional Construction Support Services for the wastewater Pump Stations Rehabilitation Sfarraec 0 VV &eh.CTtMM6ACMON00 rmIWOY�COJ_ wppan_MIOW17,ALNrop Dd. PS RC n.:: mamolo Page 1 of 1 lCORP. CERTIFICATE OF LIABILITY INSURANCE REVISED DATE(MMIDDM) 12/13/2010 ]UCER Serial ON REED STENHOUSE, INC. ON RISK SERVICES CENTRAL, INC. 00 - 10025 - 102A AVENUE, EDMONTON, AB T5J OY2 EL: (780) 423 -9801 FAX: (780) 423 -9876 RED STANTEC CONSULTING SERVICES INC. 19 TECHNOLOGY DRIVE IRVINE, CA 92618 -2334 ✓ERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR INSURERS AFFORDING COVERAGE INSURER A: ZURICH AMERICAN INSURANCE COMPANY INSURER B: ZURICH AMERICAN INSURANCE COMPANY INSURER C: ZURICH INSURANCE COMPANY INSURER D: ZURICH AMERICAN COMPAN_Y_ INSURER E: _INSURANCE LLOYD'S OF LONDON IS POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING JY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR W PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH - )LICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS DD YY MM YY GENERAL LIABILITY EACH OCCURRENCE S 1;000,000 X COMMERCIAL GENERAL LIABILITY GL06556026 05/01/10 05/01/11 FIRE DAMAGE (Any one lire) S 300,000 I CLAIMS MADE X OCCUR MEDEXP (Any one person) :$ 1D,000. X CONTRACTUAUCROSS LIABILITY 'XCU COVER INCLUDED PERSONAL& ADV INJURY S 1,000,000 • X.OWNERS &CONTRACTORS 'PRnrvnnuc.___ _ 1GENERAL AGGREGATE ,S 2,000,000. GEN'LAGGREGATE LIMITAPPLIES PER (PRODUCTS - COMPIOP AGG IS 1,000,000 I I POLICY 1 X PE I X' LOC AUTOMOBILE LIABILITY iBAP5940882 11/01/10 11/01/11 1 COMBINED SINGLE LIMIT S 1,DOO,OOD j X ANY AUTO I (Ea accident) $ t ALL OWNED AUTOS. I � 'BODILY INJURY SCHEDULED AUTOS I (Per person) HIREDAUTOS BODILY INJURY j S NON -OWNED AUTOS ((Per accident) _. PROPERTY DAMAGE (Per accident) 1 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ NOT ANY AUTO ( OTHER THAN -EAACC s_ APPLICABLE - - - -_ -- - 1 AUTO ONLY: AGG I $ EXCESS LIABILITY EACH OCCURRENCE s 5,000,000 j X OCCUR CLAIMS MADE 05/01/10 05/01/11 ;AGGREGATE ! $ 5,000,000 EXCESS GENERAL, AUTO AND' _ DEDUCTIBLE EMPLOYERS LIABILITY - -_ -- - -- S (FOLLOW FORM.) -" '— -- - - X RETENTION s 10,000 $ WORKERS COMPENSATION AND 'WCS94OSS1 11/01/10 11/01/11 WCSTATU- OTH -I LTORY LIMITS ER H i.. j EMPLOVERS'LIABILITY - - -' �X E. L. EACH ACCIDENT_$__ 1,000,000 I `E.L. DISEASE -EA EMPLOYEE!$ 1,000,000 ( E.L. DISEASE - POLICY LIMIT 15 1,000,000 OTHER ; OK1002009 08/01/10 08/01/11 1 CLAIM & AGGREGATE LIMIT $2,000,000 PROFESSIONAL LIABILITY INCLUSIVE OF COSTS INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE I CLAIMS MADE BASIS ;RIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS INE, CA. STANTEC PROJECT #2040467900. RE: WASTE WATER PUMP STATION REHABILITATION - AMENDMENT NO. 3. 2TIFICATE HOLDER, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE LUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. THIS COVER IS MARY AND OTHER INSURANCE IS EXCESS AND NONCONTRIBUTORY. AND WAIVER OF SUBROGATION IS INCLUDED. )ORSEMENTS CG 20 10 11 85, CA 20 48 07 9 AND WC 00 03 13 ARE ATTACHED. CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 )RD 25 -S (7197) NTEC2010 -11 -CA SOUTH.FP5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL>&,dFXX(X2A9 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT %k11XYAXXI*Xr!i"�MAX M94) FrZ fULY6"&(dld4:k.41XXaX&YNii(1EXX NfU N VilGl4dE14i4is rk�4M 0 ACORD CORPORATION 1988 POLICY NUMBER: GLO6556026 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, (hereinafter called the additional insured) but only with respect to liability arising out of "your work" for that insured by or for you. This insurance coverage shall be primary insurance as respects the cover provided to the additional insured person or organization shown in the Schedule. Any insurance or self- insurance maintained by them shall be excess of this insurance and shall not contribute with it. NAMED INSURED: Stantec Inc. CONSULTANT INSURED: Stantec Consulting Services Inc. Attached to and forming part of this Policy of Zurich American Insurance Company. AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA A I OPERATIONS #CG 20 10 11 85 POLICY NUMBER: BAP5940882 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. NAMED INSURED: Stantec Inc. CONSULTANT INSURED: Stantec Consulting Services Inc. SCHEDULE: Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Each person or organization indicated above is an "insured' for Liability Coverage, but only to the extent that person or organization qualifies as an "insured' under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Attached to and forming part of this Policy of Zurich. American Insurance Company. AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA A I AUTO #CA 20 48 07 97 POLICY NUMBER: WC5940881 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. NAMED INSURED: Stantec Inc. CONSULTANT INSURED: Stantec Consulting Services Inc. Attached to and forming part of this Policy of Zurich American Insurance Company. AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA WAIVER CONTRACT #WC 00 03 13. :nnle Dk: Serial #: 192 0 0 �113(B) AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING CALIFORNIA, INC. FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS THIS AMENDMENT NO. TWO TQ PROFESSIONAL SERVICES AGREEMENT, is entered into as of this � day of Z (0A , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal O rporation ( "CITY"), and STANTEC CONSULTING C�-INC. a California Corporation whose address is 19 Technology Drive, Irvine( Californi 92618 ( "CONSULTANT "), and is made with reference to the following: ,SGN.P�S ECITALS: A. On October 14, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for professional engineering services for the Sewer Pump Station Master Plan Improvements Project, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, the latest dated October 9, 2009. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or prior AMENDMENT, to extend the term of the AGREEMENT to December 31, 2011 and to increase the total compensation. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2011. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. • 0 3. COMPENSATION City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty-Four Thousand, Eight Hundred and Fifty -Seven Dollars and no /100 ($384,857.00) without prior written authorization from City, 3.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty -Five Thousand, Six Hundred and Eighteen Dollars and no /100 ($35,618.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. `a IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By/ynet . Bec amp Assistant City A rney ATTEST: By: Q7iVlti_ Leilani I. Brown, City Clerk LLIPoRN_�; CITY OF NEWPORT BEACH, A Municipal Corporation ■ sy Keith D. Curry, Mayor STANTEC CONSULTING�P-Utc'--LS SIA, INC.: B� Eric C. Niels n, Senior Vice President, US West Iivre, r Attachment: Exhibit A — Additional Services to be Performed 3 _ Stantec Consulting Inc. 19 Technology Nve Irvine 9 e Tel (94949 ) 923 -6023 -60 00 0 Fax (949) 923 -6121 S%�Uan� — — — January 6, 2010 J.N. 2040467900 Mr. Andy Tran, P.E. Senior Civil Engineer City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92663 -3884 Reference: Request for Authorization for Additional Construction Support Services for the (5) Wastewater Pump Stations Modifications Project- Change Order Request No. 2 Dear Andy, Stantec is pleased to present the following change order request No. 2 letter proposal for additional construction support services for the subject wastewater pump stations modifications project. The City of Newport Beach has requested that Stantec (with support from Dudek) provide the following additional support services at the direction and request of the City: Attend weekly construction meetings (in lieu of bi- weekly meetings) for the first 4 months of the project. • Provide review and feedback on contractor's 2 -week look -ahead schedule. • Conduct additional field visits as necessary, and where appropriate, and make field recommendations. • Provide on -site construction guidance, observation and consultation as needed and requested by the City. To perform the above scope of services an additional 200 hours of construction support services time for the (5) Wastewater Pump Stations for the City of Newport Beach is proposed. These hours are proposed to be split up accordingly: 160 hours of Neil Harper's (Dudek) time and 40 hours of Bob Seeman's (Stantec) time. Therefore, we are requesting that our existing contract be increased by $35,618. See attached breakdown. If you should have any questions, please do not hesitate to call the undersigned directly. Sincerely, STANTEC CONSULTING INC. A�'R bd�tYF Seeman, P.E. Senior Project Manager Tel: (949) 923 -6266 Fax: (949) 923 -6121 bob.seeman@stantec.com c: Mike Sinacori, Newport Beach V NROJEC r$12040461600b MD .,l ONeyuest_t ronysvppp220(00106d City of Newport Beach Estimated Cost Breakdown of Change Order Request Fee for Additional Construction Support Services for the wastewater Pump Stations Rehabilitation St"MeC V: WHOfECI9�Nd0id'MWdaliCOmoMWBeI� moaruppurty1100106.WNwPOnHA- W WP9 ReL r •• vcrza�o Page 1 Of 7 0 LI 9 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT (�d ('� ?010 Agenda Item No. 12 February 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, P.E. 949 -644 -3315 or atran @newportbeachca.gov SUBJECT: WASTEWATER PUMP STATION REHABILITATION - DIAMOND AVENUE, BACK BAY DRIVE, BREN TRACT, POLARIS DRIVE, AND HARBOR RIDGE - AWARD OF CONTRACT NO. 3804 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3804 to Houalla Enterprises, Ltd. dba Metro Builders and Engineers Group, Ltd. for the Total Bid Price of $1,994,112, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $200,000 (approximately 10 %) to cover the cost of unforeseen work. 4. Approve Amendment No. 2 to Professional Services Agreement with Stantec Consulting California, Inc. for construction observation services for $35,618. 5. Approve a Budget Amendment appropriating $510,000 from the unappropriated Wastewater Enterprise reserve fund balance to Account No. 7532- C5600100. Discussion: At 10:00 a.m. on December 22, 2009, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Metro Builders and Engineers Group, Ltd. $1,994,112.00 2 MMC, Inc. $2,052,000.00 3 Orion Construction Corp. $2,137,500.00 4 GCI Construction, Inc. $2,261,900.00 5 SCW Contracting $2,317,362.00 6 Dawson - Mauldin Construction $2,545,800.00 r ... .. Wastewater Pump Stati0ehabilitation — Diamond Avenue, Back Bay Drive, BrelTrL Polaris Drive, and Harbor Rldge Award of Contract No. 3804 February 9, 2010 Page: 2 7 Mike Bubalo Construction Company, Inc. $2,599,000.00 8 Pascal and Ludwig Contractors $2,922,000.00 9 Griffith Company $2,948,002.00 The low total bid amount is 3.4 percent below the Engineers Estimate of $2,062,500.00. The low bidder, Metro Builders and Engineers Group, Ltd., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. This contract involves rehabilitating four wastewater pump stations and one new replacement wastewater pump station as identified in the Wastewater Master Plan. The proposed improvements include on -site redundant electrical power at four of the stations. These improvements will help reduce the potential of sanitary sewer overflows and are also needed to comply with the waste discharge requirements set forth by the State Water Resource Control Board. The contract focuses on electrical improvements at the Diamond Avenue, Back Bay Drive, Polaris Drive and Harbor Ridge pump stations. The replacement station is for Bren Tract (Newport Hills Drive West at Ford Road). Pursuant to the Contract Specifications, the Contractor will have 200 consecutive working days to complete the work. . Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be notified by the Contractor prior to the start of the project. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $25,000 in geotechnical and material testing services is projected to be needed for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. Funding Availability: Funding for this project was originally budgeted at $2.2 million for design and construction. During the course of design, other needed improvements were identified, such as back -up emergency power at four of the stations. These additional Wastewater Pump StaRehabilitation — Diamond Avenue, Back Bay Drive, * fract, Polaris Drive, and Harbor Ridge Award of contract No. 3804 February 9, 2010 Page: 3 improvements resulted in an increase in design and construction cost. In addition, construction observation services were not included in the Professional Services Agreement and Amendment No. 1. Therefore, staff is recommending the approval of Amendment No. 2 with Stantec Consulting California, Inc. in the amount of $35,618 for construction observation services. Upon approval of the recommended budget amendment, sufficient funds will be available in the following account: Account Description Wastewater Enterprise Proposed uses are as follows: Vendor Metro Builders and Engineers Group Metro Builders and Engineers Group Harrington Geotechnical Engineering Prepared by: Andy Tf#n Senior Civil Engineer Account Number Amount 7532- C5600100 $ 2,219,112.00 Total: $ 2,219,112.00 Purpose Amount Construction Contract $ 1,994,112.00 Construction Contingency $ 200,000.00 Material Testing $ 25,000.00 Total: $ 2,219,112.00 Attachment: Project Location Map Budget Amendment Amendment No. 2 to PSA with Stantec Submitted Badum s Director E 0 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING CALIFORNIA, INC. FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this _ day of , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and STANTEC CONSULTING CALIFORNIA, INC. a California Corporation whose address is 19 Technology Drive, Irvine, California 92618 ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On October 14, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," for professional engineering services for the Sewer Pump Station Master Plan Improvements Project, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, the latest dated October 9, 2009. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or prior AMENDMENTS, to extend the term of the AGREEMENT to December 31, 2011 and to increase the total compensation. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of the AGREEMENT shall be extended to December 31, 2011. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete ,certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Eighty -Four Thousand Eight Hundred and Fifty-Seven Dollars and no /100 ($384,857.00) without prior written authorization from City, 3.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty-Five Thousand Six Hundred and Eighteen Dollars and no /100 ($35,618.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. 2 I-� u 0 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Mynette D. Beauchamp Assistant City Attorney ATTEST: By: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Lo Keith D. Curry Mayor STANTEC CONSULTING CALIFORNIA, INC.: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title:. Print Name: Attachments: Exhibit A — Additional Services to be Performed 3 t. January 6, 2010 Stantec Consulting Inc. 19 Technology Drive Irvine CA 92618-2334 Tel (949) 923 -6800 Fax: 1949) 923 -6121 Mr. Andy Tran, P.E. Senior Civil Engineer City of Newport Beach Public Works Department 3300 Newport Blvd Newport Beach, CA 92663 -3884 1* J.N.2040467900 Reference: Request for Authorization for Additional Construction Support Services for the (5) Wastewater Pump Stations Modifications Project- Change Order Request No. 2 Dear Andy, Stantac is pleased to present the following change order request No. 2 letter proposal for additional construction support services for the subject wastewater pump stations modifications project. The City of Newport Beach has requested that Stantec (with support from Dudek) provide the following additional support services at the direction and request of the City: • Attend weekly construction meetings (in lieu of bi- weekly meetings) for the first 4 months of the project. • Provide review and feedback on contractor's 2 -week look-ahead schedule. • Conduct additional field visits as necessary, and where appropriate, and make field recommendations. • Provide on -site construction guidance, observation and consultation as needed and requested by the City. To perform the above scope of services an additional 200 hours of construction support services time for the (5) Wastewater Pump Stations for the City of Newport Beach is proposed. These hours are proposed to be split up accordingly: 160 hours of Neil Harper's (Dudek) time and 40 hours of Bob Seeman's ( Stantec) time. Therefore, we are requesting that our existing contract be increased by $85,618. See attached breakdown. If you should have any questions, please do not hesitate to call the undersigned directly. Sincerely, STANTEC CONSULTING INC. RR Seeman. P.E. Tel: (949) 9234;266 Fax: (949) 923.6121 bob.seeman@stantec.com c: Mike Sinaeori, Newport Beach wvv�ars�xom +s�eoraon3wo�ncorrov�x so�.�rrwr_mraareeao� My of Newport Beach Estimated Cost Bmkdovm of Change Order Request Fee for V:VkOftCIS�20W161900NaS100 PoaW'dal� wuuuVWM174100106aleNex4�Brd. WWPB Rd Page 1 of 1 • • J Cf" of Newport Beach NO. BA- 10BA -031 BUDGET AMENDMENT 2009 -10 AMOUNT: $510,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer- Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues Px from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from unappropriated Wastewater Enterprise Fund fund balance due to the award of the contract with Metro Builders and Engineers Group, Ltd. for wastewater pump station rehabilitation. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Account Description 530 3605 Wastewater Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITUREAPPROPRIATIONS (3603) Signed: Signed: Signed: Administrative Services Director Amount Debit Credit $510,000.00 ` $510,000.00 A'2J IA-JP Date City Council Approval: City Clerk Date no Description Division Number 7532 Sewer Pump Station Improvement Program Account Number C5600100 Sewer Pump Station Master Plan Improvement Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Services Director Amount Debit Credit $510,000.00 ` $510,000.00 A'2J IA-JP Date City Council Approval: City Clerk Date no AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING CALIFORNIA, INC. FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this q,�h day of OTo , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and STANTEC CONSULTING CALIFORNIA, INC., a California Corporation whose address is 19 Technology Drive, Irvine, California, 92618 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On October 14, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for professional engineering services for the Sewer Pump Station Master Plan Improvements Project, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Forty -Seven Thousand, Eight Hundred and Eighteen Dollars and no/100 ($47,818.00) without prior written authorization from City. 3. Except as expressly modified herein, all other provisions, terms, and covenants. set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: ynet e D. *chj,a Assistant City Attorney for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk for the City of, �4 ch Attachment: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation By: Dad A. Kiff City Manager for the City of Newport Beach STANTEC CONSULTING CALIFORNIA, INC.: Eric C. Nielsen, Senior Vi;Preident, US West By: D. W- Treasurer Stunt a consuming ft= leTedumhW orive Irvhxe CA 928181M34 Tet (949) 92381100 Fax: (919) 9238121 August 3, 2009 J.N. 2040467900 (revised October 1, 2009) Mr. Ar* Tran, P-E. Senior Clv0 Engineer City of Newport Beach Public Works Department 3300 Newport Blvd Newport SwA CA 92683 -3964 Reference: Request for Authorization for Additional Engineering Services for the Wastswater Pump Stations Modifications Project- Change Order Request No.1 Dear Andy, Stantsc is pleased to present the following change order request No. 1 letter proposal for the additional services for the wastewater pump stations modifications project. The additional services have been performed by Stentec at the direction of the City as follows: Task 1 Provide extra project survey and topographic mapping services for the relocation of the pump station. The additional surrey boundaries will generally be comprised of Ford Road (south right- of-way to 50-ft north of the north right-of way) between Newport We Drive Went the existing Bonita Park Sports Facility restroom located approximately 200-ft east of this intersection. The total fee expended for this task is $1,764. Task 2 Modify the drawings and calculations to relocate the pump station adjacent to the Bonita Spats Complex restrooms: • Separate the wet well and dry well structures and modify the piping and detaft as required. • Recalculate the wet well geometry, operating volume, and sat points. • Adjust the stahway(s), site access, appurtenances, and equipment layouts of the revised pump station. • Adjust the sewer and force main alignments (which include adding approximately 200 total lineal feet). • Provide concept drawings and layouts of the rww station. • Attend and hold two additional site mea"s to discuss layout alternatives with the City. • After the second site meeting, relocate the station back near the original planned location and make additional modifications to the station layout to accommodate the City's objectives. The total fee expended for this task is $12 ,155. Slattflet Au" 3, 2009 Page 2 of 3 Rafarenee: Request for Authorization for Additional Engineering Services for the Wastewater Pump Stations Modifications Projed- Change Order Request No.1 Task 3 Provide extra project survey and topographic mapping services for the On pump station sites. The City provided GI3 background and ours were not accurate enough to use for base mapping purposes. The total fee expended for this task is $7,590. However, our original contract included $2,475 for supplemental as needed surrey work. Therefore, the extra funds requested for this task total $5,115. Task 4 Development of temporary removable shed far portable generator set Work entailed designing foundation with removable anchoring system, exhaust fans for combustion and coding purposes, sizing of louvers, design of shed to facilitate simply disassembly and reassembly, hook -up of swivelingladjustable generator exhaust system, piuglcord connections for exhaust fans, and vaulWbozes to house and facilitate coiling of connection cables for generator and exhaust fan. Design was ternlknated by City due to complexities associated with shed construction. The total fee expended for this task is $2,923. Task 5 Design and develop temporary bypass pumping plan drawing. The City requested site specific temporary bypass pumping plans be developed for each of the five altos. Stantec did not budget for this In our proposal. The total fee expended for this task is $4,250. Task 6 In our pro-proposal site walk with City Staff for the Polaris Drive pump station, the consensus and most effective approach was to use a stucco coated CMU block wall and mansard We architectural roof with ceramic file shingles for the generator and control panel enclosure to better integrate into the existing residential area and better match the existing architecture In the area. An APWA Standard CMU structure with the specific architectural enhancements was assumed in our proposal. Stanteds proposal was not prepared with the benefit of a site speck gectechnicai report and general assumptions were made with typical sob loading conditions not requiring any specialized retaining structures. However, during the course of our geotachnical investigation (Converse Consultants Project No. 0832 -137- 01, dated 2124109), it was discovered that this site is highly susceptible to seiamlcally Inducerd landslides and this drastically Increased the design loading on the structure and would be considered as an unforeseen circumstance that Is only specific to this particular she. The recommended seismic sods loading in the geotecdnntcal report is 35 pounds per cubic foot (Inverted triangular loading). The above described loading conditions made the use of a traditional CMU retaining wad structure infeasible and required the Implementation of a cast-in-place concrete retaining wall structure requiring additional work effort on the part of Stantec. The additional work effort required to development of additional structural details for the walls, development of a foundation design addressing the unbalanced loading and sliding conditions and specialized detailing to address the architectural components of the project. This Impacted the design drawings by requiring a total of four (4) drawings for the generator and control panel enclosure. During preparation of our proposal, Stantec budgeted one (1) drawing for the Polaris Drive pump station enclosure. The total The expended far this enclosure Is $14,280. Stanteds original contract included $4,100 for the APWA Standards CMU retaining wall design and architectural etevatkmskletails for the enclosure. Therefore, the extra funds requested for this task total $10,160. Augual % 2008 Page 3 of 3 Reference: Request for Authorization for Additional Engineering Services for the Wastewater Pump Stations Modifications Project. Change Order Request No.1 Task 7 During the course of the design, the City requested that the Diamond Avenue pump station's custom two tiered circular casWron wet well access hatch be replaced with a stainless deal spring assisted square hatch. This required several additional site visits with City Staff, additional structural engineering and consultation effort, and due to the lack of as- bulk drawings, multiple design iterations were required for the replacement of the hatch. The total extra fee expended for this task Is $2,613. Task 8 After several discussions pertaining to possible locations for the portable generator, the City requested that the generator connection be separated from the pump station's control panel and be relocated to Diamond Avenue near the alley entrance, This required an additional site visk, extra electrical consulting time and extra design and drafting effort. The total extra fee expended for this task is $918. Task 9 Per the request of the City Staff, Stantec Is adding Dudek and Associates to provide additional construction support services to provide continuity through the Implementation phase of the project This request Is due to a key staff member resigning from Slantac and subsequently joW g Dudek and Associates. The additional team member requires additional management and oversight on the behalf of Stanteo requiring additional effort on our part. Stanlec is requesting an additional $7,920 be authorized for our construction support services. The total requested budget increase for Change Order Request No.1 for Tasks 1- 9 Is $47,818. Therefore, we are requesting 0tat our existing contract be Increased by $47,818 to a new contractual amount of 3349,239. It you should have any questions, please do not hesitate to call the underagnad directly. sincerely. STANTEC CONSULTING INC. Robert F. Seeman, P.E. Senior Project Manager Tat (949) 9238288 Fax (949) 9238121 bob.seemang$stentoc.ocm c: Mire Sinscod, Newport Beach Joe Long, Stantec vvnairw�mmeoR.rwa_+psae.me ACORU CERTIFICATE OF LIABILITY INSURANCE FtEvisim I DAI7B2712009 PROOUDm Serial 103 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON REED SfEN-IDUSE. INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ADN RISK SERVICES CENTRAL, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 900 -10025 -102A AVENUE, EDMONTON, AS T5J OY2 INSURERS AFFORDING COVERAGE TEL: (780) 423 -9801 FAX: (780) 423-9876 NSUOED STANTEC CONSULTING INC. INSURER,' ZURICH AMER AN U 19 TECHNOLOGY DRIVE IN SEEMSS, ZURICH AMERIGAN N IRVINE, CA 92618.2934 INSURERC: ZURICHAMERICAN@ P^Xmn A^! THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONOTON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF IHSUMHCE POLICYNUMBER FOUCYEFFECTIVE LTNIN GENERAL IIABAITY EACH OCCURRENCE S 1.000,000 RMERD E M AM GE s 1,000,000 A GLO33739IMS 0607109 001110 JX=MRCMGWRUAIIILITY EDA0 a(A n AFN Tafm) S 10,000 PERSONAL A AOV RY B 1,000,000 " XCU COVE: INCLUDED x GENERALAGGREGATE S 2,900,001) GENLAGGREWTE LIMB APPUESPUt PRODUCTS- COM+ATP AGO S 1,000,000 x P6¢ x B AVTOAeDeAP X LL10NTY ANYAUIO BAP0940882-00 11I0'1I08 111/)1109 GO0MN EuraIT S 1,000A00 BODILY INAIRY IPa FNRR i S ALL OWNEO AUTOS SCHEOULEOAUMS BODILYNAIRY (PormddwU S HIRED AUTOS ND"MED AUTOS PROPERTYDAWGE lPM eodewnl S GARAGE LIABILDY ONLY - FA ARDENT S NOT OTHER THAN FA ADO 6 APPLICABLE ANY AUTO, S AUTO ONLY: pGG I C EXO X MUABILOY OCCUR �cLAIMs Nate $831307 OSIOt/D9 O5t01110 FACN OCCURRENCE S 5,000,000 AGGREGATE s 5,OD0,000 s EXCESS GENERAL, AUTO AND x OEOUCTI6LE RETBlIION 8 70400 EMPLOYERS UABIUI Y (FOLLOW W FOFM N/QINID(BDOMP&DTATIDN,uao WC5940881 -00 11101108 11/01" X WC STATLL orll- E.L EACH ACGDEW S 1,000,000 D EMPLOYERWUABMY E.L OINEASE -EA ERFILOYEE S 1.000,000 EA- DI EASE - POLICY UMT S 1,000,000 E I OT1En PROFESSIONAL LIABILITY OK0802010 08/07/09 08!01110 CLAIM AAGGFW"TE LNIRT¢.00DM INCLUS(YEOFCOSTS MCLLAINGEWROWENTAL NO RETROACTIVE DATE CLAWMADEBASI6 DESCRIPTION OF OPERATIONSRDCATLONSY HICLE11EXCLUBNNS ADDED BY ERDOIISENIENO3PEDW .PROVISIONS STANTEC PROJECT 82040487800. RE: WASTE WATER PUMP STATION REHABILITATIOWAMENDMENT NO. 1. CERTIFICATE HOLDER, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS. EMPLOYEES. AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED$ BUT ONLY ARISING OUT OF THE OPERATIONS OF ;THE NAMED INSURED. THIS COVER IS PRIMARY AND OTHER INSURANCE IS EXCESS AND NONCONTRIBUTORY. AND WAIVER OF SUBROGATION IS INCLUDED. ENDORSEMENTS CG 20 10 1188, CA 20 48 07 9 AND WC 00 03 13 ARE ATTACHED. CERTIFICATE HOLDER X CELLATION $HOULD ANYOFTILEABOVE DEBCRIBBDPOLICES BECANCELLEDBEFORETHEE IWIRA iLLN CITY OF NEWPORT BEACH DATE THEREOF, THE INNING USURER WU)GMQQMM MAIL 30 BAYS YROTTEN PUBLIC WORKS DEPT NODCE TLI TIE C9NIFIC,LTE NOLOER NMIEO TO THE IFlT 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 �R1D XX 1�YE �/ A Al " _ � ACORD 26.5 (7197) STANTEC82008 -11- IRVINE CAFPS 1988 POLICY NULIBER:GLO3=BHSOB COMMERW L GENERAL UOBI LITY TNISENDORSENENMCIMNGES7 POLICY PLEASEREADRCARMLLY. ADWMIAL M URED- LTWNPTkS, LESSEESGRCONIRACTORH- SMEDULEDPERSONMOROMSTATION TYbedvParerAnNaHw MaaNlmpmAdadun ft LsbebO COIVMEHCIN.GENERALL UTYCOVERAGEPART SCHEDULE Nane&Pf ffQyNvekn CRYOFNEWPORTBEACH, RSELEMOORAPPOINTEDOR9 =$.OFFMMLS.EL UnO S,AGEMSANDVOLUNTEMS Who kM LNVrodISLLOSn fO k atmdetlbtttlibaacan DVaeeEnDaramvrtS S�lFantlrannhtle5tleP1a .0,Rabmlaraled NaadtlLaul Freuetl) WtOr1/x4ARlPaUW bbEyasip andyarswk"bOmlimaed lryabypu 7lfiahaaAermeowegia NpThe PdnN7kr>tAance BarMpaLLSEMBNeYP' okded b8 »addtion8inmaed pesmaapanmfun UOam lnlheSdRtltM ArNYCwmwa saM :mrarmrtWdalreCEyfiem�dlbeewewdfas kwrssaantlshaltnatwntllbtawM& NAM[J)INSUR ®: StaegobG OCNSULTAMINSURED, STANTE0 CONSULTING NC- Atledm,!W Mb nip PldSb PoGyd,'NM1Eh AmakaTlg w Cwpaq. Al OPEROTM ECGM 101185 AONRMDS TENHOU SE(NC..AONRSKSESNICESCEMRAL. WC., EDMONTORNBERTA POLICY NUMBER: ROPS4DUM COMMERCIALAUTO DESEIIDORSEMENTtlWiCiSTHEPOLICY. PLEASEPEADRCAREFULLY. OESIGI/AT®WWIS/ INESS i PwMaduai3w 414 8 BUSINESS AUT O COVERAGE FORM VMNespaq bmWaBa W.QW Cy hbadasareM fe arwWwo of Be CalVW Fam aFOhu nv*W LYto ad� TIaw4=VMt UPALas pmsmM aaBmtrAb$) 1de ae%,u V uMa Ore 44pe b M hwW aa19mdM Cpa Fam. THEar Vm dm W e�onere8e pIPA1adin We C&"WHam TNbedmm0 cla Mpffiq aEa 4n M moopw 40 C, W pdW Pablo WKOw do is ixsuld lxk NAMED INSURED Sbft 1 . CONSU.TANTNSURED MANTECCONSULTBNF INC. SCHEDULE llanedT9mraOpaBSlm: CRY OF NEWPORT BEACH, ITS ELECTED OR APPOMM OFFICUL %OFnCLOLB. EMP L OYEES, AGENTS I W O VOLUNTEERS Each Dean a ammoobrkdkiWa ism%wacra L obay comam LNlmybpeaSaL8N1p wowwim qual ®mteuree'uderMaWMDMLlAaed praidpn aanD'red'n SFFTICN 11 d tle C(aeHEB Fmn ABeNedb,vNIbw pm&IhaFdkydB Amrlmar A Cmvm* AIAUMO AG70480797 AON R®STENH=E INC. ACN RIO K SETMCES CEWP L. ISO, EOASDNTON MEMA POLICY NUMBER: IAC.GkOMNo WORKERS COMPONSATTONAND EMPLOYER SW1dLRY1NSNAANCEPOLIGY THIS EADDRSEMENTCLNNGESTREFOLICY. PLEASEREADITCAREIRILLY YO VEROFOURROGMTORECOVERFROMOI R4Et=RRSMEM SCHEDULE Namedp� OvrmEaa CITY C F NEWPORT BEACH, ITS ELECTED OR APPO N TED OFFI CISM OFFICIAM EMPLOYEES, AGENTS AND VOLUNTEERS VYaleva ee ripab NmvM as pd)fAmk kDn am9na84Ne fa en'ryury M+aad MByB WBq. W4wl rpterArmm dgAepgAtllr {!Tan a aOPbasmruned htle SdsJle. (>b WeemeNapPLaSmybtleaemtBM lvapa(mntwk uIATelxifmnm.YreDletreGAm yautoekY'n P4lDraeAUll kontN jllta epeanmtalepnptppBab GraSya hdae0.VbeaNManyae rpremadki DeSmepUe NAMEDWSURW: STMAa fm CONSULTANT INSURED STANIECCONSULTING INC. Abd*dbaMAMrkp Nncibb POkydLACh NnokRlh�Cmu". WANFRCONKMCT4WCWWI3 AON REEDSIENIOUSE U C., AONRISKSERVMS CEMRAL LNG. EMCNTOV, �A IrVine.0le Wal M 163 • « PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING CALIFORNIA, INC. FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS THIS AGREEMENT is made and entered into as of this I 1.�, day of (/ "' 200, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "),_ and STANTEC CONSULTING CALIFORNIA, INC. a California Corporation whose address is 19 Technology Drive, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to rehabilitate five sewer pump stations per the Sewer Master Plan recommendations. C. City desires to engage Consultant to prepare construction documents for the rehabilitation of five sewer pump stations ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Robert F. Seeman, Senior Project Manager. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 3. TIME OF PERFORMANCE 0 Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred and One Thousand Four Hundred and Twenty -One Dollars and nol100 ($301,421.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 0 0 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated BOB SEEMAN to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously fumish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. ANDY TRAN shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 3 0 A-, Provide access to, and upon request of Consultant, one copy of all existing relevant ;nfr_.rmation on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, !osses, judgments, fines. penalties, liabilities, costs and 11 0 • expenses (including, without limitation, atternev'.� ;ees, disbursements and court costs) of e,:•ery kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. J • • 13. PROGRESS Consultant is responsibl:a for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. f3 • • ii. General Liability Coverage. Consultant shali maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 7 • v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. Consultant shall be fully responsible to City for all acts and omissions of the subconsultants. Nothing in this Agreement shall create any contractual relationship between City and subconsultants nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultants other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subconsultants for purposes of establishing a duty of care between the subconsultants and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other, writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and electronic copies in ACAD and Adobe PDF format of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CAD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CAD data; (b) the decline of accuracy or readability of CAD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CAD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CAD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CAD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" and ".pdf' file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 9 19. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 10 • • 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 is] • r All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Robert F. Seeman, Senior Project Manager Stantec Consulting Inc. 19 Technology Drive Irvine, CA 92618 Phone: 949 - 923 -6000 Fax: 949 - 923 -6121 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 12 a 31. INTEGRATED CONTRACT 0 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp, Asst. City Attorney for the City of Newport Beach ATTEST: By: ate X rw, City Clerk --if NN•, -•- : Edward D. Selich, Mdyor for the City of Newport Beach ZCO ULTA T: Y L____� (Corporate Officer) TitlErlc C. Nielsen Senior Vice President, US West Print Name: By: (Financial Of er) Title: Print Name- �.W. u)jst,.. Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 0 EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach SCOPE OF WORK In general the scope of work required by each of the five pump stations will be as follows: A. Analysis and Review a. Stantec will attend a kick -off meeting with City staff to discuss improvements and gain a better understanding of the City's philosophy regarding the operation of the proposed project. 2. Stantec will prepare a project design memorandum outlining the major design issues pertinent to the rehabilitation / reconstruction of the five pump stations as agreed upon by Stantec and City. B. Research and Data Collection Stantec shall gather and review all available information and materials pertaining to the rehabilitation of the five pump stations, including but not limited to: • Geotechnical investigation reports • Existing construction plans and specifications • The recently completed preliminary design report • Other pertinent information that will expedite the completion of this project. C. Surveying Services The City will provide Stantec with 2' contour topography and aerial photos for each of the proposed sites. Stantec shall perform any additional survey work necessary for completion of the project. The Basis of Bearings and Benchmark will be consistent with Orange County Survey Horizontal Controls and the North American Vertical Datum 1988, respectively. Stantec had included additional survey time in the proposed budget to ascertain whether there is absent project site topography, specific spot elevations/locations pertinent to the project improvements and to provide any extra horizontal or vertical control points. The additional survey hours were allotted to the Back Bay Pump Station, Bren Tract Pump Station and Polaris Pump Station improvements. The additional survey time anticipated is shown for each of these three stations. D. Geotechnical Investigation Stantec's geotechnical subconsultant, Converse Consultants, will perform any necessary geotechnical exploration for the completion of this project. Their scope of work is centered around the Back Bay, Bren Tract, and Polaris Pump Stations and will include: • Site reconnaissance to existing condition • Review of existing geotechnical report (provided by the City) • Prepare a letter report summarizing our findings and provide as- needed design and construction recommendations 12 • • EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach 0 Stantec The scope of work developed for the Bren Tract and Polaris Pump Stations will include the following tasks: Task 1: Project Set -up As part of the project set -up, staff personnel from our geotechnical subconsultant's office will conduct the following: • Coordinate site access • Field reconnaissance to map the surface condition • Stake /mark the boring locations in the field such that drill rig access to all the locations is available • Notify Underground Service Alert (USA) at least 48 -hours prior to drilling to clear the boring location of any conflict with existing underground utilities. In addition, Converse will coordinate with the City to clear the boring locations. Task 11: Subsurface Exploration A program of subsurface investigation will be conducted to determine soil profiles at the site, depth to groundwater (if encountered), and to obtain samples for laboratory testing. For Bren Tract Pump Station, two borings will be drilled and at Polaris Pump Station, one boring will be drilled with a truck - mounted rig equipped with 8 -inch diameter hollow -stem augers for soil sampling. Task lit: Laboratory Testrnq Laboratory testing will include but not be limited to: • Moisture and density of in -situ soils samples • Expansion Index • pH, chloride, sulfate and minimum electrical resistivity • Sieve analysis • Modified Proctor • Direct Shear and • Consolidation or collapse Task IV: Engineering Analyses and Repoli Data obtained from the exploratory borings and the laboratory- testing program will be evaluated. Engineering analyses will be performed to develop design and construction recommendations that will be presented in a geotechnical investigation report. E. Meetings and Coordination Stantec will meet periodically with City staff during the design process to review and discuss progress and coordinate courses of action. We will also make recommendations on site layouts, 13 • • EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach 0 Stantec piping configurations, pump types and sizes (Bren Tract only), electrical, and mechanical equipment, etc. It is anticipated that a maximum of five (5) design meetings will be required. This does not include the initial project kick -off meeting, project submittal /review meetings, the pre -bid meeting, or the pre- construction meeting. In total, Stantec estimates that 12 meetings will be conducted during the progress of the project. F. Construction Documents Stantec will prepare complete detailed construction plans, specifications, details, sections, and cost estimates for the rehabilitation of the five pump stations. The plans will include, but not limited to, demolition, site work, piping, pumps, electrical controls, and any work necessary for the construction of these stations. All plans and details will be drawn at an appropriate scale that will produce clear, accurate, and easy to read drawings. Construction plans will be complete and fully detailed as required by City staff and field personnel. All specifications and construction plans will be subject to final review and acceptance by the City. 2. Stantec shall prepare the necessary drawings in AutoCAD 2007 and will comply with current City CAD standards. Once design has been completed, original mylars of the approved drawings and electronic files in AutoCAD 2007 and Adobe (PDF) format will be submitted to the City together with all other bid documents. Project technical specifications and special provisions will be prepared in accordance with the requirements of the City's design criteria. Stantec will provide an electronic copy, in Microsoft Word, of the contract bid documents. 3. The Back Bay Pump Station will be packaged separately from the other four pump stations. As discussed on the first page of the RFP, a coastal development permit will be required for this site, which may be a lengthy process. In such a situation, separating this station will allow the City to proceed on schedule with the other four pump stations. Stantec will produce a construction package that will allow the City to remove the respective Back Bay plans and specifications for bidding at a later date. G. Construction Pfans and Specification Review 1. The City will require a number of submittals prior to approval and signature of the plans and specifications. Stantec's proposal fee includes all meetings and submittals necessary for review and coordination of the project. The following list identifies key submittals and required design information for each: a. 50 Percent Design Submittal: Stantec shall submit preliminary title sheet, second sheet (including vicinity map, location map, general notes and construction notes), preliminary civil, structural, mechanical, electrical and detail sheets as well as a preliminary cost estimate for each of the five pump stations. Stantec will submit four (4) copies of the 50 percent design package for City review and comment. b. 80 Percent Design Submittal: Stantec shall submit complete plans, a refined cost estimate, and preliminary special provisions, as well as addressing the 50 percent design review comments. Stantec will submit four (4) copies of the 80 percent design package for City review and comment. c. 95 Percent Design Submittal: Stantec shall, as a minimum, submit the final plans reflecting 80 percent design review corrections, a complete and detailed cost estimate on the contractors bid proposal form (with detail cost estimate backup), complete special provisions, contract documents, and any appendices necessary for final approval. 14 0 EXHIBIT "A" 0 Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach Stantec Stantec will submit four (4) copies of the 95 percent design package for City review and comment. d. Final Submittal: Stantec shall submit final plans reflecting 95 percent design review corrections, complete (and bound) special provisions, contract documents, and any appendices for final approval and plan signature by the City staff. Stantec will submit one (1) copy of the final design package for City review and approval. Upon approval, Stantec shall submit Mylar originals with the Project Manager's stamp and signature together with original reproducible masters of the specifications to the City for bidding purposes. 2. The City has indicated that it will advertise rehabilitation project for construction in the Spring of 2009. To meet this schedule, Stantec will develop a detailed project schedule that reflects the following milestones, as presented in the RFP, to meet the project design schedule: • Notice to Proceed - August 28, 2008 • 50 Percent Design Submittal - November 4, 2008 • 80 Percent Design Submittal - January 15, 2009 • 95 Percent Design Submittal March 19, 2009 • Final Submittal April 22, 2009 The City anticipates that it will require a period of two (2) weeks of plan review for each submittal. 3. Stantec will address all plan review comments received from the City after each of the formal submittals and any informal coordination throughout the plan preparation process. The City will require review meetings at each of the submittals described above, at a minimum. H. Construction Support Services 1. Stantec will attend the pre -bid and pre- construction meetings and will be available during the bidding process to respond to questions from prospective bidders, and to resolve any discrepancies. 2. Stantec will log, monitor and review shop drawing submittals related to the design of this project on a not -to- exceed fee based on time and materials. Our fee is based upon the following estimated quantity of shop drawing submittals for each station. a. Diamond Avenue Pump Station: 8 shop drawings b. Back Bay Pump Station: 8 shop drawings G. Bren Tract Pump Station: 30 shop drawings d. Polaris Pump Station: 8 shop drawings e. Harbor Ridge Pump Station: 8 shop drawings 3. Stantec will prepare final conformation construction drawings and specifications, incorporating any revisions of the plans and project specifications, and any bid addendum comments prepared during the bidding process. 4. Stantec will provide guidance and recommendations to the City with respect to the Contractor's general conformance to plans and specifications. It is understood that Stantec 15 0 0 EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach ° ""'" • Stantec will not be responsible for project construction inspection, but will instead be expected to provide some field visits, and where appropriate, make field recommendations. For purposes of the budget, Stantec has assumed that 2 field visits will be conducted for each pump station site during construction. 5. Stantec will prepare record drawings once project construction has been completed to reflect as -built conditions, based on Contractor furnished "Redline" construction plans. Record drawings will be provided in AutoCAD 2007 and Adobe (PDF) formats and will comply with City CAD standards. Optional Services The following is a listing of tasks or services, not part of the RFP scope, that were discussed with the City during our field trip that Stantec can provide during the design phase of the project, if requested or required by the City. Should the City decide to add any of the below tasks, Stantec has prepared a budget for each optional task, as shown on the secondary fees sheet contained in the sealed envelope. Work will not commence until the City approves the additional budget and authorized the work to be performed. The optional tasks or services are as follows: 1. Per our field meeting with the City, traffic control plans will be required for the Bren Tract Pump Station. Our scope of services is as follows: • Define the Traffic Control necessary for the project. • Retrieve necessary base plans, i.e., striping plan, signal plan; construction plans from various sources. • Field review to determine existing street system, driveways that may be affected, and existing traffic conditions. • Develop traffic control strategies and coordinate with the City to select the most cost effective plan. • Finalized traffic control plan, consistent with City's standards including signing, legends, and other construction detour standards. • Submit traffic control plan for City's approval • This scope assumes that traffic to be restored during non - working hours and all open excavation on public streets to be back - filled or steel - plated when off -site. Furthermore, no temporary signal /striping design is anticipated. 2. Provide landscaping and temporary irrigation plans for the Bren Tract and Back Bay Pump Station sites. 3. It is anticipated that additional support services in the form of exhibits, letters or memoranda, and other assistance that may be required by the City in support of acquiring a Coastal Development permit for the Back Bay Pump Station improvements. Clarifications on Scope of Work The City's RFP requested that process and instrumentation drawings (P &ID's) be prepared for each of the five pump stations. Subsequent to the release of the RFP, the City made a clarification that the requested P &ID's for the pump stations are no longer required. Therefore, these drawings have not been included in our scope and fees. 16 0 EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach 40 The scope of services to be provided by Stantec's electrical subconsultant, Moraes/Pham & Associates, does not include any research or recommendations for SCADA/telemetry equipment, SCADA programming or telemetry radio path studies. Stantec's scope and services assumes that whatever means of telemetry that is currently being employed (radio or telephone line) at each of the sites, will continue to be utilized. Per the current NFPA 820 standards, the dry well of a sewage pump station requires a positive push /pull fan system to avoid requiring explosion proof electrical components. This was standard was mandated in 1999. Because the Diamond Avenue, Back Bay, Polaris and Harbor Pump Stations were all constructed prior to 1999, the City clarified that a positive push /pull fan system will not be required at these four stations. The new Bren Tract Pump Station will incorporate a positive push /pull fan system and be in compliance with the current NFPA 820 standards. Therefore, the above presented scope and associated fees reflect that only the new Bren Tract Pump Station will have a positive push/pull fan system. The base scope and fees, presented herein, reflects the Scope of Consultant Services presented in the RFP and does not include any permitting, environmental reports/documentation, nor support services other than those described above for this project. Furthermore, it is our understanding that the City will be responsible for the preparation and procurement of any environmental clearances in addition to any other items and tasks indicated in the RFP. REFERENCES AND EXPERIENCE _ Bob Seeman, PE brings nearly 40 years of experience and knowledge relevant to the rehabilitation of the City's wastewater pump station rehabilitation projects. As Project Manager for this project, Bob will ensure that the communications, contracts, and other documents between Stantec and the City are dealt with properly and in a timely manner, and will be responsible for the project deliverables, budget, and schedule. He will coordinate the roles, responsibilities, and assignments of all Stantec team members. Bob will ensure the successful execution of the project by efficiently initiating the project, coordinating all aspects of the work plan, providing deliverables on schedule, facilitating communications with the City's Project Manager and other involved parties, as well as providing advisory services as needed. Bob will also be responsible for appropriating, assigning, and directing the needed resources to complete the project. The following references and project experiences were done by Stantec Consulting with Bob Seeman as the Project Manager. Buck Gully Wastewater Pump Station Big Serrano Pump Station Orchard Hills Pump Station Mike Sinacori Sonny Tran Steve Malloy City of Newport Beach City of Orange Irvine Ranch Water District (949) 644 -3311 (714) 268 -2475 (949) 453 -5570 Irrigation Pump Station Santa Fe Valley Sewer Lift Station Spencer Knight Jeff Pape City of Palm Desert Rancho Santa Fe Community Services District (760) 346 -0611 (760) 479 -4126 PROFESSIONAL SERVICES AGREEMENT We have reviewed your proposed contract terms and believe that should we be selected for this assignment, we will be able to conclude a mutually satisfactory contract with the City of Newport Beach. 17 0 0 0 • City of Newport Beach Wastewater Pump Station Rehabilitation Project Proposed Propict Schedule Task Description Duration -1::Se 2008 i — ------ ------ uoust September bar 6ctobWT_ November December 1 February a!152? March juw I April M�&_2 10 ], 17 .3 7 1 28 JT 11 1 8 5 _291 5 11211912611 7 1421.28 15 1121191261 2 9 116123 L3OL6 J�h 4 31T 0 13_,20 27 Notice to Proceed I day Tue 10/14/08 Tue 10/14/08' 10114 Kick-Off Meeting 1 day q Thu 10/16/08 Thu 10/16t08 Research and Data Collection 5 days Fri 10/17/08 Thu 10/23108 Prepare Project Design Memorandum 10 days Fri 10/24/08 Thu 11/6/08 Survey Services 3 days Fri 10/31/08 Tue 11/4/08 Gootecirnical Investigations 20 days: Fri 10/24108 Thu 11/20/08 Project Meetings 72 days Fri 1117/08: Tue 2_124106 IV Project Coordination 108 days Fri 10/24/08 Wed 4/1/09 .. ... .. ... ... Preparation of Construction Documents 98 days ... .. . . .. ..... Fri 11/7/08 ......... Wed 4/1/09 q i. Preparation of Cost Estimates 61 days Thu 1214168 Wed 3/4/09 50% Design Submittal 1 day Mon 12/8108 Mon 1218/08 City Review of 50% Design Submittal 10 days Mon i2YB/08 Fri IM9/68 IE= 50% Ravi" Comment Meeting I day Fri 8 F; I MS16 Fri 1Z/14106 J?JJg 80% Design Submittal 1 day Wed 1/28109 Wed 1/28/09 1128 City -Review of 80 /Submittal " " " "" 16 days Wed 1/28/09, Tue 2/19J09 6654 Review Comment Meeting I day "Ne, vio/dq Tue 2/10/69 95% Design Submittal 1 day Thu 315109 Thu 3/5/09 3!5 City Review of 95% Submittal 10 days' Thu 315/09 Wed 3118/09 SM/ Review _Comment Meeting 1 day' -Wed 311 8109' -Wed 3-1-1800-9 3118 Final Design Submittal 1 day Wed 411109: Wed 4)1109 4/1 44� Final Design Submittal Meeting ............ I day Wed 4/1/09 Wed 411/09 4/1 Out to Bid 0 days Tue 417/09 Tue 4/7/09 4417 Assist Bidding Process 18 days Tue 417109 Thu 4/30109 'Attend Ore-bid Meeting 4 days Tue fhu 6WM .. ... ... ... .. .. [�;Vl: 4. Bid Opening i day Thu 4/30109: Thu 4/30/09 Award Construction Contract I day Tue 5126/09: Tue 5/26109 5126 Attend Meet n6 i.da; Wed ------ - vJ109 Wed 711/09 711 Shop Drawing Review 50 days Wed 6/17109 Wed 8/26109 45 •1 EXHIBIT "B" City of Newport Beach Estimated Coat Breakdown of Total Fee for Wastewater Pump Station Rehabilitation Sia1lat: ENGINEERING SUPPORT RELO SURVEY SUBCONSULTANTS 5 r o m 0 o_ ^,y n� m ° m°3 n fl id v2 Ag o u o� o9n o O ry$ A 6. °s_ Ory o 0 A N '(t n ? P T C N P TOTAL s`; a 3:` m. in '° 0 3 m O ^�'' °. "° m•.°° m y m `� y �m -_ m`, •• 3 c => >� y z m yvcc M GlassiluaV,n 48 15 14 16 16 10 8 5 16 11 13 Uouly Rsie $239 $179 $166 $190 $790 $11.1 596 $73 $179 $126 $152 $285 _ MUM • �• n. .. . ����� MONSOON= MIAN ' riA . ;. MEN; . MEN omdo�mo ©0000m000m�������o� I Back Say Pump Station NONE a figs ©�r��■�������� ©MUM MENEM ML NEW MOVE= MMMMMMMMUM Meetings ..... Do Construction Plans and SWcifimlim Im fi .. , © momo�o ©>tor�mmr�mimr�■��t�f���f�r� IV. Polaris Pump Station ESE 111117111111121T NEEM3 � o0doo�oso ©mo�mo��n���� ' a' . 0 �a■��fi�����o�� �������� MMMMMMMM fi ® © © ■i����Qi��� ©���0�i������ ■� M 0. ��am���© �tlm��■�rv� ��� a e �fio�0mm�fi� rii��� � � ���r��■fmo����������0omf��� � ����r��r������� � i f � PO - .. o® � � � r� ® Harbor - .e-..Station MENOMONIE f_i fififii_i_�_ 1•fifif� fi�_�fi • -OTAL(h.um TOI AL (pas eons) $ $2� 370 Sb 67 $1 .. is $2 699 16 39 S6 866,286 $1 1 4 3 .3504 w 5- 2 5 -- 1 - -- 2- §- - - - -� %d mrd a°Ibe 0.5% 13.8% 34.8% 6.1% 1.6% 36.7% 0.9% 1.6% 0.1% 4.3% 0.1% 0.9% v lawxmdR. x.iv�M sw.wvxmiv n..v"" u.m ars xws..�.rowr� ..n,ei a<.v� nn...- v�a.xeww^ um. weesam n.. wVmm 100.0% Page I of 1 Stantec Stantec Fee Schedule Effective Through 12/31/10 LEVEL HIRLYRATE DESCRIPTION Generally Not applicable to the Southern California Market 1 $47 • May on occasion he appropriate for intern and clerical support. 2 $53 3 $59 Clerical, Interns, & Field/Lab Techs 4 $66 • Assists Office Administrators, Designers, and field staff with clerical and routine entry level tasks. 5 $73 6 $81 Junior -level position, Administrative 7 $88 Independently carries out assignments of limited scope using standard procedures, methods and techniques 8 $96 Assists senior staff in carrying out more advanced procedures 9 $104 Completed work is reviewed for feasibility and soundness of judgment Recent graduate from an appropriate postsecondary program or equivalent. Professional level positions 10 $114 Carries out assignments requiring general familiarity within a broad field of the respective profession 11 $126 Makes decisions by using a combination of standard methods and techniques 12 $130 Actively participates in planning to ensure the achievement of objectives Works independently to interpret information and resolve difficulties Provides applied professional knowledge and initiative In planning and coordinating work programs Highly - specialized technical professional or project supervisor 13 $152 Provides muaidiscipline knowledge to deliver innovative solutions in related field of expertise 14 $166 Participates in short and long range planning to ensure the achievement of objectives 15 $179 Makes responsible decisions on all matters, including work methods. and financial controls associated with projects Decisions accepted as technically accurate Reviews and evaluates technical work Senior level consultant or management function 16 $190 Recognized as an authority in a specific field with qualifications of significant value 17 $203 Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise Independently conceives programs and problems for investigation Participates in discussions to ensure the achievement of program andlor project objectives Makes responsible decisions on expenditures, including large sums or implementation of major programs andlor projects Senior level management position 18 $239 Recognized as an authority in a specific field with qualifications of significant value 19 $281 Responsible for long range planning within a specific area of practice or region Makes decisions which are far reaching and limited only by objectives and policies of the organization Plans/approves projects requiring significant human resources or capital investment Graduate from an appropriate post -secondary program, with credentials or equivalent Generally, fifteen years experience with extensive professional and management experience Survey $175 1 -Person Crew Crews $200 2- Person Crew $235 3- person Craw I-1 Ah AAGOBA CERTIFICATE LIABILITY INSURANCE DATEPAWOWM PRODUCER Serial # 239 AON REED STENHOUSE. INC. AON RISK SERVICES CENTRAL, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE j 900 -10025 -102A AVENUE, EDMONTON. AB T5J OY2 TEL: (780) 423 -9801 FAX: (780) 423 -9876 INSURED STANTEC CONSULTING INC. INSURER w ZURICH AMERICAN INSURANCE COMPANY 19 TECHNOLOGY DRIVE INSURERS: ZURICH AMERICAN INSURANCE COMPANY INSURER c: ZURICH AMERICAN INSURANCE COMPANY IRVINE, CA 92618-2334 05!01/08 INsuRm D: ZURICH AMERICAN INSURANCE COMPANY _ INSURER E: LLOYD S OF LONDON COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITFISTANDING REOUIREMENY. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR iANY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. Mal TYPEOFINSURANCE POUCYNIIIlf9t PDYCY 71DN; ULKS I EACH OCCURRENCE $ 1,000.000 GENERALUMULZ I I A X I COwERCRAI GENEWY LLABWTY GLO3373919.O5 05!01/08 05/01109 FMEDAMAGS'-0" Rwl_S 1.000.000 CLAW MADE I XJOCCUR NEDEWWrya.SpHRnl IS 10,000 X CONTRAcTw"RassuAelun' XCU COVER INCLUDED PERSONKSADVULJUAY 's —110- ,000.000 OWNERS& CONTRACTORS GENERAL AGGREGATE S 2,000,000 I IGENTL �X AGGREGATE UNIT APPUESPER: !PRODUCTS- CWPATPAGG S_. ,,000.000 I ( POLICY X ' PRO- X LOC — i I X Q9OWLEUA°u^ BAP5940882 -00 11101IMS 11/01109 * SNGLEUNIT S 1.000.000 J B ANVAUTO -GA R WMSDA!) ALL OVSJEDAVTOS BODILY INJURY S SCHEDULED AUTOS `IPpfNRPAi .... i HIRED AUTOS ! S NOR-0WNWAJTOS IPniwSwAlRV - -- ! PROPERTYDAMAGE - WaNAOtltlmO S WGGE LIABILITY AUMONLY- EAACCIDENT S, NOT IOTHIRTHA! ANYAUTO j _EAo=, -s APPLICABLE AUTOONLW. AGO S �ExXC�Fds UASIRY �EACNOCGORRENIE S 5.000.000 C OCCUR cLmms MADE ! 8831307 05101108 _ 05/01109 AGGREGATE s 5,000.000 ' F ` EXCESS GENERAL, AUTO AND s DEDUCTIBLE EMPLOYERS LIABILITY S I (FOLLOW FORM) I X RETENTION s 10,00D WORRES AND WC5980881-00 11101108 11/01/m XJ uNrt�f ER D DIPLOVlCOYPENSAitON RS' LIASILSA E.L. EACH h : 1,000.000 _ACCIDEM E.LMSEASE- EAEMPLOYEE S 11600.000 POUCYLIWT S 1,000.009 E OTNER OK0602DO9 08101/08 .IONWASE- 0810110 9 CLAIM 3 AGGREGATE LIMIT 52,0DO,080 PROFESSIONAL LIABILITY INCLUSIVE OF COSTS i INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE I CLAIMS MADE BASIS DESCRFWM OF OPERAICW &DGATNMMWCIBCLPBIESCLUNONS ADDED BY ENDCRBFNENABPEWL FROVISIO S STANTEC PROJECT #2040467900. RE: WASTE WATER PUMP STATION REHABILITATION. CERTIFICATE HOLDER- ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. THIS COVER IS PRIMARY AND OTHER INSURANCE IS EXCESS AND NONCONTRIBUTORY. AND WAIVER OF SUBROGATION IS INCLUDED. ENDORSEMENTS CG 2011, CA 20 48 AND WC 0003 ARE ATTACHED. SHOULD ANY OF THE ABOVE OESCR9ER POLICIES BE CANCEiLD BEFORE IM EXPIRATION CITY OF NEWPORT BEACH DATE TNEREOF- THE 1Itvm mU iB vRLoWjWA*X MYL 30 DAYS VYIIfi M PUBLIC WORKS DEPT NOTICE TD THE CERTIFICATE HOLDER RAINED TO THE LEFT 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 POLICY NUMBER: GL033n9l9-05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsemard medifi s insurance provded under the (WlvMng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organ ®tiara: CRY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Who Is An insured (Section R) Is amended M Include as an Insured the person or organization shown in the Schedule, (hereinailer called the additional insured) but only with respect to liability arising out of your work' for that insured by a for you. This insurance coverage shall be primary insurance as respells the cover provided to the additional Insured person or organization shown in the Schedule. Any insurance or segansurance maintained by them shag be excess of this insurance and" not eondibure with it. NAMED INSURED. Slantoc Inc. CONSULTANT INSURED: STANTEC CONSULTING INC. Attached to and forming part of this Policy of Zurich American Irmrance Company. A I OPERATIONS #CG 20 10 11 85 AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC.. EDMONTON, ALBERTA POLICY NUMBER: SAP5940882 -00 COMMERCIALAUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fr CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by the endorsemord. This endorsement Ideroffies person(s) or orgatlizatlon(s) who are "irwurads' under the Who Is An Insured provision of the Coverage Form. This endorsement does not after coverage provided M the Coverage Form. This endorsement changes the policy elfecgve on the inception date of the policy unless another deft is indicated below NAMED INSURED: Standee Inc. CONSULTANT INSURED: STANTEC CONSULTING INC. SCHEDULE: Name of Person or Orgar&atiom CRY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Each person or organization indicated above is an "insured' ku Liability Coverage, but only to the extent that person or organization qualities as an' insured' under the Who Is An Insured provision contained in SECTION II of the Coverage Form. Attached to and taming part of this Policy of Zurich American Insurance Company. A 1 AUTO #CA 20 48 07 97 AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA POLICY NUMSER: WC5940 81.00 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. WAIVER OF OUR RNIHT TO RECOVER FROM OTHERS ENDORSEMENT SCHEDULE Name of Person or Organization: CRY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS We have the right to recover our payments dun anyone gable far an injury covered by this potiey. We will not anlorce our dgM against ere person or oiganizaton named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named In the Schedule. NAMED INSURED: StaMee ins CONSULTANT INSURED: STANTEC CONSULTING INC. Atladad to and laming part of this Policy of Zurich American Insurance Company. WAIVER CONTRACT #WC 0003 13 AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL. INC.. EDMONTON, ALBERTA Irvine.lile Serial #: 239 F ACORD„ CERTIFICATE M LIABILITY INSURANCE 70-4,-11114=08 PRODUCER Serial # 239 AON REED STENHOUSE. INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AON RISK SERVICES CENTRAL, INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING: COVERAGE 900 -10025 -102A AVENUE. EDMONTON, AB T5J OY2 TEL: (780) 4239801 FAX: (780) 4.23.9876 "D STANTEC CONSULTING INC. INSURER A: ZURICH AMERICAN INSURANCE COMPANY ' 19 TECHNOLOGY DRIVE INSURER W. ZURICH AMERCAN INSURANCE COMPANY INSURER c: ZURICH AMERICAN INSURANCE COMPANY IRVINE, CA 92618 -2334 INa mm &. ZURICH AMERICAN INSURANCE COMPANY INSURER E: LLOYD'S OF LONDON COVERAGES THE POLICIES OF DURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR iANY MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. OIOR TYPEOFOSURANCE POUCYUUMM POIACY POU 7qN; LIMITS IEACHOCCURRENCE _.S 1,000.000 GENERALLIABILITY I A X`COMMERCIALGENERALLME4ITY GLO33739194)5 05/01/08 05/01/09 FIREDAMAGE(J"IM O) S_ 1,0.00.000 I CLAW MADEI Xj OCCUR MEDEXP(APy PAPPff n) IS 19.000_ X caNrtucruwcaoasuABluTr XCU COVER INCLUDED PERaoNALaADVRLIUar s �( OVIFNERS & CONTRACTORS _ _1,000,000 GENERAL AGGREGATE S 2.006.WO WER:L AGGREGATE LIMIT APPLIES Pi PRODUCTS• COMPAP AGO f 1,000,000 POLICY x • Pao. x LOC AIJTDMaenr LNBLRY :BAPS940882 -00 11/01/08 11/01109 CMtM ED SINGLE UNIT : 1.000.000 B X ANY AUTO .. -- ' ALLOMEDAUTOS BODILY INJURY S SCHEDL&eo UTOS i HIRED AUTOS I . Boxy INRtr S HON-0NMEDAUTO$ _ -- _ PROPERTY DAMAGE (PaANGS.4 GARRAGE LNBaJTY AUTOONLY•SRACCIDENT $ NOT AUTO ANYOTHERTWW � F EA AOC ;f APPLICABLE -S AUTOONLy: AGO I EKESS IJAIRUTY W �EACHOCOURRENCE __S 5.000,000_ C X I OCCUR CI.UMS MADE 18831307 05/01/06 05101!09 AGGREGATE s 5.000.000 EXCESS GENERAL, AUTO AND s DEDUCTIBLE EMPLOYERS LIABILITY S �— (FOLLOW FORM) I — i X RETENRON S 10.909 WORNERSCOIIPFNSAnONAND WC5980881 -00 11/01108 11101/09 LX � LIMIT ER D EMPLOYERS' LIABILITY E.L. r EACH ACCIDENT . S 1.090.000 El OEiEA4E •EAEMPLOYEE f 1._000.000 E.LDISEASE•P000YLIWT $ 1.000,000 E OTNSR OM802009 08/01/08 08/01/09 CLAIM 6 AGGREGATE LIMIT $2,000,000 PROFESSIONAL LIABILITY . INCLUSIVE OF COSTS i INCLUDING ENVIRONMENTAL NO RETROACTIVE DATE I CLAIMS MADE BASIS DESCRIPTION OF OPERATiONSILOCAT10NaIPEIucumn Omni 1Ns Am= By ENDORSBmmPEOAL PROVISIONS STANTEC PROJECT #2040467900. RE: WASTE WATER PUMP STATION REHABILITATION. CERTIFICATE HOLDER, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES. AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. THIS COVER M PRIMARY AND OTHER INSURANCE IS EXCESS AND NONCONTRIBUTORY. AND WAIVER OF SUBROGATION IS INCLUDED. ENDORSEMENTS CG 2011, CA 20 48 AND WC 00 03 ARE ATTACHED. OHM" ANY OF THE ABOVB DESCREIFA POLICIES OE CANCELLED°LFORE THE EXPDiATNR CITY OF NEWPORT BEACH DATE notwF, THE mum wswu 1 wLLXYKX*lMMAR 30 DAYS WRTITER PUBLIC WORKS DEPT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LE l` 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 0 0 POLICY NUMBER: GL03373919-05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ If CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organ¢aton: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Who Is An Insured (Section II) Is amended to include as an Insured the parson or otgankation shown in the Schedule, (hereinafter called the additomd insured) but only with respect to liability arising out of your work for that insured by or for you. This Insurance coverage shall be primary insurance as respects the cover provided to the additional insured person or orgenimurn shown in give Schedule. Any insurance creel- Insurance maintained by them shag be excess of this humni ncce and shag riot contribute with t. NAMED INSURED: StsnGe Inc. CONSULTANT INSURED: STANTEC CONSULTING INC. Attached to and (among part of this Policy of Zurich Amadcan Insurance Company. At OPERATIONS NOG 2010 11 85 AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL. INC.. EDMONTON, ALBERTA POLICY NUMBER: BAP594DO32.00 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement. the provisions of the Coverage Form apply unless modified by the endomemere. This endorsement Identifies person(s) or orgeNxallon(s) who are 'Insureds' under the Who Is An Insured provision of the Coverage Farm. This endorsement does not after coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another data is indicated below. NAMED INSURED Stamec trio. CONSULTANT INSURED: STANTEC CONSULTING INC. SCHEDULE: Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS Each person or organization indicated above Is an Insured' for Liability Coverage, but only W the extent that person or organization qualifies as an Insured' under the Who Is An Insured provision contained in SECTION 11 of the Coverage Form. Attached to and farming part of this Posey of Zurich American Insurance Company. A I AUTO #CA 20 4807 97 AON REED STENHOUSE tNC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA POLICY NUMBER: WC5940881-00 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. NAMED INSURED Stemed Inc. CONSULTANT INSURED: STANTEC CONSULTING INC. Attached to and forming pert of this Poky of Zurich Amedcan Insurance Company. WAIVER CONTRACT #WC 00 03 13 AON REED STENHOUSE INC.. AON RISK SERVICES CENTRAL, INC.. EDMONTON, ALBERTA Iwinelde Serial #; 239 F CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 - 644 -3315 or atran @city.newport- beach.ca.us SUBJECT: Sewer Pump Station Master Plan Improvements - Approval of Professional Services Agreement with Stantec Consulting, Inc. RECOMMENDATIONS: Approve a Professional Services Agreement with Stantec Consulting, Inc., of Irvine, California, for the Sewer Pump Station Master Plan Improvements project at a not to exceed price of $301,421.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: According to the Sewer Master Plan and the recently completed sewer pump station feasibility study, the following five sewer pump stations need to be rehabilitated to improve operation reliability and reduce maintenance: 1. Diamond Avenue Pump Station (constructed in 1948) 2. Back Bay Pump Station (constructed in 1969) 3. Bren Tract Pump Station (constructed in 1968) 4. Polaris Pump Station (constructed in 1962) 5. Harbor Ridge Pump Station (constructed in 1978) As shown above, these pump stations are relatively old. Consequently, most of the electrical controls and instrumentation are outdated and need to be replaced. Back -up generators will also be placed at the Back Bay, Bren Tract and Harbor Ridge pump stations to improve reliability and insure continual operation in the event of a power failure. The addition of back -up generators will also help prevent sewage spills. The estimated construction cost for the project is approximately $2,000,000. Staff considered several engineering firms to provide professional engineering services for this project. Three Statement of Qualifications were received from the following firms: (1) Civiltec Engineering, Inc. (2) Metcalf & Eddy, and (3) Stantec Consulting, Inc. One proposal was received from Stantec Consulting, Inc. 3 Sewer Pum0n Master Plan Improvements- Professional Seregreement with Siantec Consulting October 14, 2008 Page 2 Stantec Consulting, Inc. was chosen based upon firm qualifications, project understanding, successful past experience with similar projects such as the Buck Gully Pump Station Rehabilitation project, and aggressive project schedule. The proposed not to exceed professional engineering services fee is $301,421.00. The scope of professional services will include: • Analysis and review of the five pump stations • Research and data collection • Topographic survey • Geotechnical investigation • Preparation of construction plans, specifications and estimates • Preparation of traffic control plans • Construction support services Environmental Review: Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines. However, at the time of project award, it is likely that the project will be determined exempt from the CEQA pursuant to section 15301 of the CEQA Implementation Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Wastewater Enterprise Prepared by: Andy Tra , .E. Senior Civil Engineer Account Number 7532- C5600100 Amount $ $301,421.00 Total $ $301,421.00 Submitted by: Attachment: Project Location Map Professional Services Agreement • • PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING CALIFORNIA, INC. FOR SEWER PUMP STATION MASTER PLAN IMPROVEMENTS THIS AGREEMENT is made and entered into as of this day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and STANTEC CONSULTING CALIFORNIA, INC. a California Corporation whose address is 19 Technology Drive, Irvine, California, 92618 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to rehabilitate five sewer pump stations per the Sewer Master Plan recommendations. C. City desires to engage Consultant to prepare construction documents for the rehabilitation of five sewer pump stations ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Robert F. Seeman, Senior Project Manager. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2010, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essenc <v in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant . reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred and One Thousand Four Hundred and Twenty -One Dollars and no /100 ($301,421.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the priorwritten approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: E E A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. S. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated BOB SEEMAN to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. ANDY TRAN shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 3 0 0 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and 4 • 0 expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 4a • 13. PROGRESS 0 Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. 'Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ■ 0 0 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. F 0 0 V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. Consultant shall be fully responsible to City for all acts and omissions of the subconsultants. Nothing in this Agreement shall create any contractual relationship between City and subconsultants nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subconsultants other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subconsultants for purposes of establishing a duty of care between the subconsultants and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. • 1 • 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and electronic copies in ACAD and Adobe PDF format of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CAD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CAD data; (b) the decline of accuracy or readability of CAD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CAD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CAD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CAD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" and °.pdf' file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. D 0 19. CONFIDENTIALITY n LJ All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 10 • 0 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's Violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 11 0 • All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Robert F. Seeman, Senior Project Manager Stantec Consulting Inc. 19 Technology Drive Irvine, CA 92618 Phone: 949 - 923 -6000 Fax: 949 - 923 -6121 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 12 0 • 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: M LaVonne Harkless, City Clerk . CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach CONSULTANT: In Title: Print (Corporate Officer) (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f :Wsers\pbwtsharedtagreements \fy 08- 09\stantec - wastewater ps final design\stantec- wastewater ps final design.doc a EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach Stantec !`8Z0]9APTAURT:T7 In general the scope of work required by each of the five pump stations will be as follows: A. Analysis and Review 1. Stantec will attend a kick -of meeting with City staff to discuss improvements and gain a better understanding of the City's philosophy regarding the operation of the proposed project. 2. Stantec will prepare a project design memorandum outlining the major design issues pertinent to the rehabilitation / reconstruction of the five pump stations as agreed upon by Stantec and City. B. Research and Data Collection Stantec shall gather and review all available information and materials pertaining to the rehabilitation of the five pump stations, including but not limited to: • Geotechnical investigation reports • Existing construction plans and specifications • The recently completed preliminary design report • Other pertinent information that will expedite the completion of this project. C. Surveying Services The City will provide Stantec with 2' contour topography and aerial photos for each of the proposed sites. Stantec shall perform any additional survey work necessary for completion of the project. The Basis of Bearings and Benchmark will be consistent with Orange County Survey Horizontal Controls and the North American Vertical Datum 1988, respectively. Stantec had included additional survey time in the proposed budget to ascertain whether there is absent project site topography, specific spot elevations /locations pertinent to the project improvements and to provide any extra horizontal or vertical control points. The additional survey hours were allotted to the Back Bay Pump Station, Bren Tract Pump Station and Polaris Pump Station improvements. The additional survey time anticipated is shown for each of these three stations. D. Geotechnical Investigation Stantec's geotechnical suboonsultant, Converse Consultants, will perform any necessary geotechnical exploration for the completion of this project. Their scope of work is centered around the Back Bay, Bren Tract, and Polaris Pump Stations and will include: • Site reconnaissance to existing condition • Review of existing geotechnical report (provided by the City) • Prepare a letter report summarizing our findings and provide as- needed design and construction recommendations 12 EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City o€ Newport Beach • The scope of work developed for the Bren Tract and Polaris Pump Stations will include the following tasks: Task t: Protect Set -uu 6 Stantec As part of the project set -up, staff personnel from our geotechnical subconsultant's office will conduct the following: • Coordinate site access • Field reconnaissance to map the surface condition • Stakelmark the boring locations in the field such that drill rig access to all the locations is available • Notify Underground Service Alert (USA) at least 48 -hours prior to drilling to clear the boring location of any conflict with existing underground utilities. In addition, Converse will coordinate with the City to clear the boring locations. Task ll: Subsurface Exotoration A program of subsurface investigation will be conducted to determine soil profiles at the site, depth to groundwater (if encountered), and to obtain samples for laboratory testing. For Bren Tract Pump Station, two borings will be drilled and at Polaris Pump Station, one boring will be drilled with a truck - mounted rig equipped with 8 -inch diameter hollow -stem augers for soil sampling. Task fit: Laboratory Testtng Laboratory testing will include but not be limited to: • Moisture and density of in -situ soils samples • Expansion Index • pH, chloride, sulfate and minimum electrical resistivity • Sieve analysis • Modified Proctor • Direct Shear and • Consolidation or collapse Task IV. Emineerinc Analyses and Report Data obtained from the exploratory borings and the laboratory- testing program will be evaluated. Engineering analyses will be performed to develop design and construction recommendations that will be presented in a geotechnical investigation report. E. Meetings and Coordination Stantec will meet periodically with City staff during the design process to review and discuss progress and coordinate courses of action. We will also make recommendations on site layouts, 13 • EXHIBIT "A" • Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach 0 Stantec piping configurations, pump types and sizes (Bren Tract only), electrical, and mechanical equipment, etc. It is anticipated that a maximum of five (5) design meetings will be required. This does not include the initial project kick -off meeting, project submittal/review meetings, the pre -bid meeting, or the pre - construction meeting. In total, Stantec estimates that 12 meetings will be conducted during the progress of the project. F. Construction Documents Stantec will prepare complete detailed construction plans, specifications, details, sections, and cost estimates for the rehabilitation of the five pump stations. The plans will include, but not limited to, demolition, site work, piping, pumps, electrical controls, and any work necessary for the construction of these stations. All plans and details will be drawn at an appropriate scale that will produce clear, accurate, and easy to read drawings. Construction plans will be complete and fully detailed as required by City staff and field personnel. All specifications and construction plans will be subject to final review and acceptance by the City. 2. Stantec shall prepare the necessary drawings in AutoCAD 2007 and will comply with current City CAD standards. Once design has been completed, original mylars of the approved drawings and electronic files in AutoCAD 2007 and Adobe (PDF) format will be submitted to the City together with all other bid documents. Project technical specifications and special provisions will be prepared in accordance with the requirements of the City's design criteria. Stantec will provide an electronic copy, in Microsoft Word, of the contract bid documents. 3. The Back Bay Pump Station will be packaged separately from the other four pump stations. As discussed on the first page of the RFP, a coastal development permit will be required for this site, which may be a lengthy process. In such a situation, separating this station will allow the City to proceed on schedule with the other four pump stations. Stantec will produce a construction package that will allow the City to remove the respective Back Bay plans and specifications for bidding at a later date. G. Construction Plans and Specification Review 1. The City will require a number of submittals prior to approval and signature of the plans and specifications. Stantec's proposal fee includes all meetings and submittals necessary for review and coordination of the project. The following list identifies key submittals and required design information for each: a. 50 Percent Design Submittal: Stantec shall submit preliminary title sheet, second sheet (including vicinity map, location map, general notes and construction notes), preliminary civil, structural, mechanical, electrical and detail sheets as well as a preliminary cost estimate for each of the five pump stations. Stantec will submit four (4) copies of the 50 percent design package for City review and comment. b. 80 Percent Design Submittal: Stantec shall submit complete plans, a refined cost estimate, and preliminary special provisions, as well as addressing the 50 percent design review comments. Stantec will submit four (4) copies of the 80 percent design package for City review and comment. c. 95 Percent Design Submittal: Stantec shall, as a minimum, submit the final plans reflecting 80 percent design review corrections, a complete and detailed cost estimate on the contractors bid proposal form (with detail cost estimate backup), complete special provisions, contract documents, and any appendices necessary for final approval. 14 0 EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach is J�, Stantec will submit four (4) copies of the 95 percent design package for City review and comment. d. Final Submittal: Stantec shall submit final plans reflecting 95 percent design review corrections, complete (and bound) special provisions, contract documents, and any appendices for final approval and plan signature by the City staff. Stantec will submit one (1) copy of the final design package for City review and approval. Upon approval, Stantec shall submit Mylar originals with the Project Manager's stamp and signature together with original reproducible masters of the specifications to the City for bidding purposes. 2. The City has indicated that it will advertise rehabilitation project for construction in the Spring of 2009. To meet this schedule, Stantec will develop a detailed project schedule that reflects the following milestones, as presented in the RFP, to meet the project design schedule: • Notice to Proceed - August 28, 2008 • 50 Percent Design Submittal - November 4, 2008 • 80 Percent Design Submittal - January 15, 2009 • 95 Percent Design Submittal - March 19, 2009 • Final Submittal - April 22, 2009 The City anticipates that it will require a period of two (2) weeks of plan review for each submittal. 3. Stantec will address all plan review comments received from the City after each of the formal submittals and any informal coordination throughout the plan preparation process. The City will require review meetings at each of the submittals described above, at a minimum. H. Construction Support Services 1. Stantec will attend the pre -bid and pre - construction meetings and will be available during the bidding process to respond to questions from prospective bidders, and to resolve any discrepancies. 2. Stantec will log, monitor and review shop drawing submittals related to the design of this project on a not -to -exceed fee based on time and materials. Our fee is based upon the following estimated quantity of shop drawing submittals for each station. a. Diamond Avenue Pump Station: 8 shop drawings b. Back Bay Pump Station: 8 shop drawings c. Bren Tract Pump Station: 30 shop drawings d. Polaris Pump Station: 8 shop drawings e. Harbor Ridge Pump Station: 8 shop drawings 3. Stantec will prepare final conformation construction drawings and specifications, incorporating any revisions of the plans and project specifications, and any bid addendum comments prepared during the bidding process. 4. Stantec will provide guidance and recommendations to the City with respect to the Contractor's general conformance to plans and specifications. It is understood that Stantec 7s 0 EXHIBIT "A" L Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach 0 Stantec will not be responsible for project construction inspection, but will instead be expected to provide some field visits, and where appropriate, make field recommendations. For purposes of the budget, Stantec has assumed that 2 field visits will be conducted for each pump station site during construction. 5. Stantec will prepare record drawings once project construction has been completed to reflect as -built conditions, based on Contractor furnished "Redline" construction plans. Record drawings will be provided in AutoCAD 2007 and Adobe (PDF) formats and will comply with City CAD standards. Optional Services The following is a listing of tasks or services, not part of the RFP scope, that were discussed with the City during our field trip that Stantec can provide during the design phase of the project, if requested or required by the City. Should the City decide to add any of the below tasks, Stantec has prepared a budget for each optional task, as shown on the secondary fees sheet contained in the sealed envelope. Work will not commence until the City approves the additional budget and authorized the work to be performed. The optional tasks or services are as follows: 1. Per our field meeting with the City, traffic control plans will be required for the Brien Tract Pump Station. Our scope of services is as follows: • Define the Traffic Control necessary for the project. • Retrieve necessary base plans, i.e., striping plan, signal plan; construction plans from various sources. • Field review to determine existing street system, driveways that may be affected, and existing traffic conditions. • Develop traffic control strategies and coordinate with the City to select the most cost effective plan. • Finalized traffic control plan, consistent with City's standards including signing, legends, and other construction detour standards. • Submit traffic control plan for City's approval • This scope assumes that traffic to be restored during non - working hours and all open excavation on public streets to be back - filled or steel - plated when off -site. Furthermore, no temporary signal (striping design is anticipated. 2. Provide landscaping and temporary irrigation plans for the Bren Tract and Back Bay Pump Station sites. 3. It is anticipated that additional support services in the form of exhibits, letters or memoranda, and other assistance that may be required by the City in support of acquiring a Coastal Development permit for the Back Bay Pump Station improvements. Clarifications on Scope of Work The City's RFP requested that process and instrumentation drawings (P &ID's) be prepared for each of the five pump stations. Subsequent to the release of the RFP, the City made a clarification that the requested P &ID's for the pump stations are no longer required. Therefore, these drawings have not been included in our scope and fees. 16 • • EXHIBIT "A" Proposal to Provide Wastewater Pump Station Rehabilitation Design Services for the City of Newport Beach Stantec The scope of services to be provided by Stantec's electrical subconsultant, Moraes /Pharr & Associates, does not include any research or recommendations for SCADA/telemetry equipment, SCADA programming or telemetry radio path studies. Stantec's scope and services assumes that whatever means of telemetry that is currently being employed (radio or telephone line) at each of the sites, will continue to be utilized. Per the current NFPA 820 standards, the dry well of a sewage pump station requires a positive push/pull fan system to avoid requiring explosion proof electrical components. This was standard was mandated in 1999. Because the Diamond Avenue, Back Bay, Polaris and Harbor Pump Stations were all constructed prior to 1999, the City clarified that a positive push /pull fan system will not be required at these four stations. The new Bren Tract Pump Station will incorporate a positive push /pull fan system and be in compliance with the current NFPA 820 standards. Therefore, the above presented scope and associated fees reflect that only the new Bren Tract Pump Station will have a positive push/pull fan system. The base scope and fees, presented herein, reflects the Scope of Consultant Services presented in the RFP and does not include any permitting, environmental reports/documentation, nor support services other than those described above for this project. Furthermore, 0 is our understanding that the City will be responsible for the preparation and procurement of any environmental clearances in addition to any other items and tasks indicated in the RFP. REFERENCES AND EXPERIENCE Bob Seeman, PE brings nearly 40 years of experience and knowledge relevant to the rehabilitation of the City's wastewater pump station rehabilitation projects. As Project Manager for this project, Bob will ensure that the communications, contracts, and other documents between Stantec and the City are dealt with properly and in a timely manner, and will be responsible for the project deliverables, budget, and schedule. He will coordinate the roles, responsibilities, and assignments of all Stantec team members. Bob will ensure the successful execution of the project by efficiently initiating the project, coordinating all aspects of the work plan, providing deliverables on schedule, facilitating communications with the City's Project Manager and other involved parties, as well as providing advisory services as needed. Bob will also be responsible for appropriating, assigning, and directing the needed resources to complete the project. The following references and project experiences were done by Stantec Consulting with Bob Seeman as the Project Manager. REFERENCES Buck Gully Wastewater Pump Station Big Serrano Pump Station Orchard Hills Pump Station Mike Sinacori Sonny Tran Steve Malloy City of Newport Beach City of Orange Irvine Ranch Water District (949) 644 -3311 (714) 288 -2475 (949) 453 -5570 Irrigation Pump Station Santa Fe Valley Sewer Lift Station Spencer Knight Jeff Pape City of Palm Desert Rancho Santa Fe Community Services District (760) 346 -0611 (760) 479 -4126 PROFESSIONAL SERVICES AGREEMENT We have reviewed your proposed contract terms and believe that should we be selected for this assignment, we will be able to conclude a mutually satisfactory contract with the City of Newport Beach. [Iii • • Kick -Off Meeting Research and Data Collection " Prepare Project Design Memorandum Survey Services Geotechniral Investigations , Project Meetings Project Coordination Preparaton"of Construction Documents Preparation of Cost Estimates f 500/ Design Submittal — _..___.... of S City Review of 50% Design Submittal "" - -" _ ............_ .. . E.. .. .. _' §6% Review Comment Meeting 000/6 Design Submittal " City Review of 805; Submittal 60% Review Comment Meeting 95% Design Submittal City Review of 95 % Submittal - t " 95% Review Comment Meeting Final Design Submittal . .. i ... .. .... . Finaf Design Submittal Meeting Out to Bid" Assist Bidding Process i .. ...... _ ............................._ Attend Pre -Bid Meeting .... ... ............... .... .. . Bid Opening" " Award Construction Contract 5125 + Attend Pre- Construction Meeting 711 Shop Drawing Review _. ............ —� —� . . 45 • • 0 A and qo„r $633 11766 B. Researcn and Dam Colecuon $607 C. Swaying Servbes $0 D. Geolechnic lUwes Ibn $0 E. Meefings and Coomination E236 $1,774 F. Cons0uction DO.0 M $10,018 $18,452 G. Coaslullon Plans aixi Specificaka Review $653 $5.600 $11,540 $0 Say Pump Station 0 $0 $28,199 A Back A. Areols and Review $1.316 $2,951 B. Research and Data Colecfion 703 C. Sua,eying Services $536 D. Cx0leGlnical Investigation $1,800 $1,966 E- Meeli s a Coordination $236 $1.725 F. Construcion Documents $9.822 $4.000 $24,561 G. Consinxtion Plans and $ Oicafion Review $653 $5,600 Assist Cif In Coastal Commission Permilt Proceu $6,517 512,027 $1,800 $0 $4,000 $44,559 0. Bien Tratl Pump Station A. Ana s¢ antl Review $1.316 $2.951 S. Research and Dale Collection $703 C. survsftnq Services $1.642 D. Geotechnical NVesk ation $9395 $9.979 E. Meeti sand Cootdnation $236 $1.964 F. ConsVUCtion DocumeMS $20.093 $6000 $4,000 $90.904 G. Coms lion Plans ands aficatron Aeview $653 $7,194 $22,298 $9396 $8,000 14,000 $116,319 N. Polaris Pump Slatbn A. 's and Review $1,316 E2.449 B. Reseamb are DamC ieclion $703 C. Sury Services $536 D. Geolechnical Invest alion $5,750 $6.269 E. Meangs and ComdinaYOn $236 $1.535 F. Construction Documents $9,822 $2,000 $22,956 G. Consaudion Plens atM Speifticaboo Review $653 $5,616 $12.027 55,750 $0 $2.00 $60.050 V. Harbor Ridge Pum Station A. A 's and Review $1,316 $2.49 B. Research and! Oma Colec$on $60T C. Survei Services EO D. Geotechmcal Invest anon ED E. Meet mnl Coordination $236 $1.535 F. Comhuclion Documents $9.822 $16.045 G. Cora l $ion Plans antl S icalion Review $653 $5,618 $12,027 f0 40 $0 $26296 TOTAL TASKS i • V $69.918 516.945 $8,60 $10,000 $254,363 A Conslroctien Supopirt Services A. DiamaM Avenue Pum Station $2.300 $8 456 B. Back ea Pu Smtwn $2,175 $8.350 C. Bran Trail PM Blafion $2.988 $13.M D. Polaris Pum Station $2.175 $6,203 E. HamorgM ePum Station $2.175 $8,349 $11,813 $0 $0 $0 $47,058 TOTAL TASKS I -VI $01,732 1 $16,945 $8,000 $10,00 $301,421 %el iota IpUR %01 meal dofims vl _ .9�wnulYWanleaU4nrvlm b..M1tll'��py+.4aVWp,_Mkdu_m -�Ikn Mlxvq_H W`Nrp Page 1 of I 1 Stantec Stantec Fee Schedule Effective Through 12/31/10 LEVEL HIRLYRATE DESCRIPTION Generally Not applicable to the Southern California Market t $47 • May on occasion be appropriate for intern and clerical support. 2 $53 3 $59 Clerical, Interns, & Ffeld/Lab Techs 4 $66 • Assists Office Administrators, Designers, and field staff with clerical and routine entry level tasks. 5 $73 6 $81 Junior -level position, Administrative 7 $88 Independently carries out assignments of limited scope using standard procedures, methods and techniques 8 $96 Assists senior staff in carrying out more advanced procedures 9 $104 Completed work is reviewed for feasibility and soundness of judgment Recent graduate from an appropriate post - secondary program or equivalent. Professional level positions 10 $114 Games out assignments requiring general Familiarity within a broad field of the respective profession 11 $126 Makes decisions by using a combination of standard methods and techniques 12 $138 Actively participates in planning to ensure the achievement of objectives Works independently to interpret information and resolve i ifficulfies ,- Provides applied professional knowledge and initiative in planning and coordinating work programs Highly- specialized technical professional or project supervisor 13 $152 Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 14 $166 Participates in short and long range planning to ensure the achievement of objectives 15 $179 Makes responsible decisions on all matters, including work methods, and financial controls associated with projects Decisions accepted as technically accurate Reviews and evaluates technical work Senior level consultant or management function 16 $190 Recognized as an authority in a specific field with qualifications of significant value 17 $203 Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise Independently ccnceives programs and problems for investigation Participates in discussions to ensure the achievement of program and /or project objectives Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects Senior level management position 18 $239 Recognized as an authority in a specific field with qualifications of significant value 19 $281 Responsible for long range planning within a specific area of practice or region Makes decisions which are far reaching and limited only by objectives and policies of the organization Plans/approves projects requiring significant human resources or capital investment Graduate from an appropriate post - secondary program, with credentials or equivalent Generally, fifteen years experience with extensive professional and management experience Survey $175 1 -Person Crew Crews $200 2 -person Crew $235 3 -Person Crew