HomeMy WebLinkAboutC-4907 - PSA for Facilities Maintenance Master Plan Development ServicesDecember 10, 2014
********************AUTO**MIXED AADC 328 16-6137
Michael Sinacori
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660-3267
hIPIPIhlurrIhtf611111hIIInuhIIIIhIIPuthfhl
Subject: Change of Name
Ref. Contract: Not Available
Dear Valued Client;
amec
foster
wheeler
We are pleased to inform you that we are changing our company name, effective January 1,
2015, from AMEC Environment & Infrastructure, Inc. to Amec Foster Wheeler Environment &
Infrastructure, Inc. This reflects the combination of our parent company, AMEC plc, and Foster
Wheeler AG.
Please be advised that this is a change of name only and that our FEIN will not change
This name change is administrative in nature and we assure you that we will continue to
maintain the current resources, contracts or other existing services you have with AMEC. We will
continue to provide the same quality of services and the same dedicated team of consultants,
project managers, engineers and scientists. Our focus remains on delivering projects safely and
successfully for you.
After January 1, 2015, our business correspondence will reflect the Amec Foster Wheeler
Environment & Infrastructure, Inc. name. If your company requires any changes to our contract
documents or has any other procedural requirements, please advise at your earliest
convenience and we will work with you to process any required documentation.
If you have any questions regarding the name change, please contact
David. Baxter@amecfw.com or 770-360-0745. Thank you for your continued business and we
look forward to continuing to serve you.
Sincerely,
AMEC ENVIRONMENT & INFRASTRUCTURE, INC.
LoganThomas J.
President
AMEC Environment & Infrastructure, Inc.
1105 Lakewood Parkway, Suite 300
Alpharetta, GA 30009
Amecfw.com
i
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH AMEC ENVIRONMENT AND INFRASTRUCTURE, INC. FOR
U FACILITIES MAINTENANCE MASTER PLAN DEVELOPMENT SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 21st day of February, 2014
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and AMSC ENVIRONMENT AND
INFRASTRUCTURE, INC., a Nevada corporation ("Consultant"), whose address is
9177 Sky Park Court, San Diego, CA 92123, and is made with reference to the
following:
RECITALS
A. On October 23, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement") for facilities maintenance master plan development
services ("Project"),
B. City desires to enter into this Amendment No. One to reflect revisions to the
compensation provisions.
C. 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. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a flat rate 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, regardless of
hours, including all reimbursable items and subconsultant fees, shall not exceed One
Hundred Thirty -Three Thousand Four Hundred Eighty Dollars and 00/100
($133,480.00), without prior written authorization from City. No changes to the
compensation shall be made during the term of this Agreement without the prior written
approval of City."
Section 4.2 of the Agreement is amended in its entirety and replaced with the
following: "Consultant shall submit monthly invoices to City describing the Work
performed the preceding month and/or the specific task in the Scope of Services to
which it relates. Consultant's bills shall include a percent complete by Project task,
overall task budget, previous invoiced amount, current invoice amount and cumulative
invoiced amount by Project task and for the complete Project. City shall pay Consultant
no later than thirty (30) calendar days after approval of the monthly invoice by City
staff."
AMEC Environment and Infrastructure, Inc. Page 1
Section 4.3 of the Agreement is amended in its entirety and replaced with the
following: "City shall reimburse Consultant only for those costs or expenses included in
the flat rate amounts in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
2. INTEGRATED CONTRACT
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.
[SIGNATURES ON NEXT PAGE]
AMEC Environment and Infrastructure, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'§ OFFICE
Date: Z-
By: WAV 4A -11 (1
Aaron C. Harp "
City Attorney (flI l
ATTEST:2 ,/ ��
Date: V 1 i"•
By:
h�'—
Leilani I. Brown
City Clerk
�FQRN1r
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -bV5\ l\
By: G-1
Dave
City Manager
CONSULTANT: AMEC Environment and
Infrastructue, nc., a Nevada corporation
Date: 2- r
By:
ax -
Pete Cp ell, PE
Vice Pr 'dent
Date: zlzy/�y
By: a4-1
n Brandt
Principal Program Manager
[END OF SIGNATURES]
AMEC Environment and Infrastructure, Inc. V Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7 , zo -( T
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaron Harp Dave Kiff
City Attorney City Manager
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CONSULTANT: AMEC Environment and
Infrastructure, Inc., a Nevada corporation
Date:
Bv:
Pete Campbell, PE
Vice President
Date:
in
John Brandt
Principal Program Manager
[END OF SIGNATURES]
AMEC Environment and Infrastructure, Inc. Page 3
PROFESSIONAL SERVICES AGREEMENT
WITH AMEC ENVIRONMENT AND INFRASTRUCTURE, INC. FOR
FACILITIES MAINTENANCE MASTER PLAN DEVELOPMENT SERVICES
J THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 23rd day of October, 2013 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and AMEC ENVIRONMENT AND INFRASTRUCTURE, INC., a Nevada
corporation ("Consultant'), whose address is 9177 Sky Park Court, San Diego, CA
92123, 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 desires to engage Consultant to provide Facilities Maintenance Master Plan
Development Services ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on June 30, 2014, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
AMEC Environment and Infrastructure, Inc. Page 1
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 One Hundred
Thirty Three Thousand Four Hundred Eighty Dollars and 00/100 ($133,4$0.00),
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.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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.
i t s '.ice
5. PROJECT MANAGER
5.1 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 Robert Sauer 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Deputy Public Works Director or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one {1 } or more first-
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
AMEC Environment and Infrastructure, Inc. Page 3
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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
9.1 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 expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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
AMEC Environment and Infrastructure, Inc. Page 4
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 of the Work 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.
Consultant is responsible for keeping the Project Administrator 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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 co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
AMEC Environment and Infrastructure, Inc. Page 5
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor 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
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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
17.1 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.
17.2 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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
AMEC Environment and Infrastructure, Inc. Page 6
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
AMEC Environment and Infrastructure, Inc. Page 7
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Pat Thomas, Deputy Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Robert Sauer
AMEC Environment and Infrastructure, Inc.
9177 Sky Park Court
San Diego, CA 92123
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
RANNH40T,ff 71vi •
27.1 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
AMEC Environment -and lnfr�_structure, Inc, PagelM
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
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28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts, This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE)
AMEC Environment and Infrastructure, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY Date ATJ�MEPfis7-)
OFFICE
Aafon C. Harp
City Attorney
ATTEST: 11"11.1.4
Date:
By: Dgk
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 10 • 2`1. 13
a
By: Q 4
1� Keith D. Curry
Mayor
CONSULTANT: AMEC Environment and
Infrastructure, Inc., a Nevada corporation
Date: !.i
By:
Pete Cagpbell, PE
Vice Pr'e,'Ient
Date: "//G // "s
By:�n;B�ra;n�dt
Principal Program Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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AMEC Environment and Infrastructure, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
The Consultant ("AMEC") shall conduct an inspection of all City owned buildings and/or
facilities, as listed in Attachment 1 and develop a maintenance program to effectively
maintain all aspects of City facilities, including scheduled routine inspection, servicing,
repair and replacement of building and equipment components on an as needed basis
to facilitate municipal operations in the most efficient manner possible. Consultant shall
develop a schedule for the replacement of major building components on all City
facilities including: paint, flooring, roofing and HVAC systems. The replacement
schedule shall include projected lifetime, estimated costs and annual funding required to
implement the replacement program.
Phase I — Facility Assessment Phase
The initial interaction between the City of Newport Beach and AMEC shall begin with a
Project Kick -Off Meeting. AMEC will begin work prior to the Kick -Off Meeting to prepare
a detailed Work Plan ("WP"), Health and Safety Plans, and project schedule.
1.1: Building Assessment Coordination
AMEC will create and maintain a master schedule of all project activities and
milestones. Microsoft Project will be used to facilitate this task. Each week, AMEC's
Project Manager will confirm the assessment schedule for the upcoming week with the
City's facility points of contact for each building.
1.2: Health and Safety Plan
The health, safety and environment ("HSE") program for this project will be supervised
by the AMEC Safety Officer. Before any field work is accomplished a Job Hazard
Analysis ("JHA') will be performed on all field activities. All necessary safety precautions
will be followed including the use of appropriate personal protective equipment ("PPE").
Additionally, AMEC will ensure that a daily safety brief will be given to AMEC's
assessment teams ("Facility Assessors') before going into the field. Any potential safety
hazard identified by AMEC at City facilities will be immediately reported to the City for
corrective action.
AMEC will conduct a Screening Level Assessment to determine whether a formal risk
assessment is required prior to preparing a Health and Safety Plan, or whether the work
only requires a Job Hazard Analysis "JHA") be prepared. AMEC will analyze the job for
hazards, as follows:
• identify Key Job Steps: Break the job down into individual key steps where work
activities are presented in sequential order.
• Identify Job Hazards: Create a list of known or potential hazards within each step
of the job. Consider hazards associated with the various tools, equipment or
other hardware involved in the job. Consider environmental hazards such as
thermal stress, biohazards, etc.
AMEC Environment and Infrastructure, Inc. Page A-1
• Identify Safe Practices and Equipment: List one or more prevention or control
measures to address each hazard identified, emphasizing engineering and
administrative controls over PPE. Once this has been completed, the JHA team
will determine whether the job can be performed in a manner that eliminates the
identified hazards.
AMEC will prepare a JHA and update as necessary. The JNA will be based on AMEC's
current corporate Health and Safety Plans in force as of the Effective Date of the
Agreement. The primary effort for updating the JHA is in the comparison of the existing
plan with site speck requirements, current regulations and the contract scope. AMEC's
Safety Officer will be the primary author and the document will be reviewed by an
AMSC Senior Safety Professional, The JHA will be distributed to all team members for
review and concurrence prior to their starting work on the project. The Project Manager
will keep a record of team member acknowledgments of the JHA. The Project Manager
will also coordinate with the City of Newport Beach regarding any site specific safety
requirements.
Field Assessors will conduct and attend safety briefings daily throughout the duration
of the project. A log of brief attendees will be maintained. This briefing will cover
requirements and measures that AMEC team members are to follow, answer any safety
questions and cover lessons learned from the previous day's activities.
At a minimum, team members will:
• Use appropriate PPE
• Not enter confined spaces
• Access only low -sloped roofs
• Use proper climbing and ladder safety techniques during low -sloped roof access
• Notify appropriate personnel of their presence
Emergency notification numbers for medical emergencies as well as emergency facility
locations will be included in the JHA and distributed by the Project Manager to each
team member after consultation with the City of Newport Beach. Included in this
information will be the location of the nearest hospital emergency facility.
1.3: Development of the Project Work Plan
The Project Manager will develop a Project WP specific to the project based on
standard methodologies for conducting a Facility Condition Assessment ("FGA") with
Engineered Management System ("EMS"). Individual task elements reflective of this
effort will be included in the Project WP.
A key component of the Project WP will be the logistical arrangements for scheduling
the Facility Assessors to the facilities in a controlled manner. The Project Manager and
AMEC's Data Quality Control (QC)/Senior Principal will be the primary authors for the
WP.
AMEC Environment and Infrastructure, Inc. Page A-2
AMEC will use the list of buildings provided by the City, along with any specific
scheduling input, to develop a FCA . Progress will be monitored daily and the schedule
will be updated as appropriate. Access requirements to specific buildings and the date
and time for the assessment will be confirmed with the City the week prior to the
assessment. Additionally, the schedule will include other key events such as report
deliverable dates.
Regular and clear communications between AMEC and the City of Newport Beach will
be essential to the success of the Project WP. AMEC and City will conduct a
conference call at least weekly to review progress. If issues or problems arise, AMEC
will address and resolve those immediately. AMEC will provide project progress reports
to accompany the monthly invoices if requested to do so by the City.
Based on our understanding of the City's intentions, AMEC anticipates the field
assessment effort consisting of approximately 74 buildings and 58 public restrooms,
which shall encompass three weeks. During the first week following the kick-off
meeting, we will complete the building by building assessment schedule and begin
coordinating access requirements. if possible, we will group buildings to be assessed by
their geographic location in order to minimize travel time between buildings. Using a
single team of Facility Assessors, we expect to assess an average of 5 to 10 buildings
per day. This assessment schedule will provide sufficient time for our reporting and
quality control work to keep pace with the assessments.
1.4: Project Kick -Off Meeting
AMEC will schedule and conduct a Project Kick -Off meeting with key staff from the
AMEC Team and the City of Newport Beach assigned to this project. The AMEC Project
Manager will introduce key field team members and review roles and responsibilities for
the assessments.
The Kick -Off meeting will confirm that both the AMEC and the City of Newport Beach
teams understand the scope and schedule to perform the work, project constraints,
project risks, and that the City of Newport Beach's expectations of the results of the
work are aligned with the AMEC Team's understanding of its performance
requirements.
During the Kick -Off meeting, the following will be accomplished:
• Introduce members of the AMEC Team to key City of Newport Beach staff.
• Identify the primary Point of Contact for both the Team and the City of Newport
Beach.
• Establish the desired chain of communication.
• Determine site access restrictions and security requirements.
• Initiate the collection of general building information, including floor plans and
maintenance plans and history.
• Identify known schedule constraints.
• Discuss safety issues.
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• Discuss payments within the assessment schedule.
1.5: Composition of Field Team
The Project Manager will lead and manage all aspects of the facility assessment work
performed by AMEC for the City of Newport Beach.
The Facility Assessors will be comprised of the following:
• Two (2) Architectural Exterior & Interior Assessors
• Two (2) HVAC, Mechanical and Electrical Assessors
• One (1) Fire/Life Safety Assessor
• One (1) Pavements Assessor, and
• One (1) Roofing Assessor
The Facility Assessors team will include a a California Division of Occupational Safety
and Health Certified Asbestos Consultant ("CAC') and a California Department of Public
Health certified Lead related Inspector/Assessor and Project Monitor who specializes in
identifying, sampling and monitoring the removal of asbestos and lead products that
may be encountered during the assessment.
1.6: Review of Overall Objectives
Following the Kick -Off Meeting, the AMEC Team will meet with a core team of the City
of Newport Beach representatives to create a list of objectives for the project and
expectations for the final deliverables.
1.7: Schedule Development
AMEC will complete the project in six (6) months from issuance of a Notice to Proceed.
AMEC and the City of Newport Beach will regularly confer on extending the time for
completion based on a need for flexibility in work scheduling to best support the
successful execution of the project.
1.8: Pre -survey Discovery and Investigations
Prior to deploying to the field, AMEC will prepare a database of required information will
for each building to be assessed. This information is reported in a matrix format that
makes it very easy to identify which buildings are missing specific items of information.
This matrix will be reviewed frequently by both the Project Manger and the Facility
Assessors to ensure that all necessary information is available before going into the
field. Where pre -survey information is not available from the City, AMEC will modify our
field work to collect the missing information within the scope of the contract. This matrix
format will use hyperlinks associated with specific building data to facilitate the ease of
accessing the information.
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The following list describes the specific information that AMEC will obtain from the City
for each building to be assessed.
1. Building address
2. Building latitude and longitude known
3. Year built
4. Replacement value
5. Any known hazards located in the building or on the property such as hazardous
material storage or confined spaces
B. Current Facility Condition Index ("Cl") rating {if known from previously
assessments}
7. List of planned facility projects including scope and anticipated schedule
8. An inventory of systems and components to be assessed
1.9: Select an Engineered Management System
For purposes of this Project, AMEC shall utilize the VERTEX EMS system for data
collection and data management. City shall enter into a License Agreement,
Maintenance Agreement and Hosting Agreement in substantially the same form as
included in Attachment 2.
1.10: Facility Assessments
AMEC will complete the project with a detailed, highly structured approach towards
controlling workflow. The following activities make up the project Work Breakdown
Structure (WBS).
Prior to mobilizing to the field, AMEC will conduct a pre -survey calibration meeting with
the Facility Assessors team to review the means, methods, approach and
documentation standards for collecting building inventory and condition assessment
data at the City of Newport Beach sites. The meeting will focus on discussion of any
requirements specific to this project, and on calibrating each of the assessment team
members to the project specific data collection methods, data nomenclature standards
and data consistency. We will also configure the selected remote EMS with background
data specific to the City of Newport Beach project. AMEC acknowledges the facility
systems identified in the questions and answers provided in the addendum, and will
gather data according to the City's requirements.
During the FCA, AMEC will inventory and quantify readily accessible sub -elements that
comprise the as -built construction of each building identified in Attachment 1 to this
Scope of Work. AMEC will visually assess the condition of the assets inventoried and
document observed deficiencies and defects. Digital photographs will be taken of
significant deficiencies, and shall be included in our final report.
Data collected during the survey will be stored in the remote EMS. Data will be
synchronized with the selected EMS at the end of each day via the Internet. The
selected EMS will automatically calculate a numerical Cl and estimated economic
AMEC Environment and Infrastructure, Inc. Page A-5
Remaining Service Life ("RSL"). Where visual inspections are not possible, such as with
underground construction, we will determine the Cl and RSL of the sub -component
based on its age and its planned degradation along its lifecycle, and modify it as
required based on information obtained through interviews with the City of Newport
Beach staff and review of existing records.
AMEC will review the construction and maintenance documents that are available on
site or provided to us in advance of our site visits, and discussions with individuals
knowledgeable in the construction and maintenance history of the buildings. AMEC will
use the project data to produce an overall picture of the current condition of the portfolio
and to develop a plan to maintain the facilities at an established level of condition. A
multi-year Maintenance, Repair and Replacement ("MR&R") budget estimate will also
be provided as part of the report. The report will identify recommended actions for each
building sub -element included in the survey along with estimated costs to carry out the
action. Work will be prioritized using Analytical Hierarchy Processing prioritization
methods.
Data describing the inventory of each segmented building element will be recorded in
the selected EMS on tablet personal computers ("PCs"). Attributes for each building
component are pre -defined and stored in the selected mobile EMS asset catalog. The
Facility Assessors will select appropriate asset attributes from a drop-down list defined
specifically for each building system. This capability allows the selected EMS to
automatically link a current replacement value ("CRV") and design life ("DL") with each
asset included in the inventory, eliminating the variation of data from subjective opinions
of Facility Assessors.
AMEC will ensure consistent high quality facility assessment information begins at the
project planning stage. AMEC will achieves these results through the application of
standard data collection templates that are verified to ensure all required information is
collected while the Facility Assessor are in the field. Data collection forms will be
standardized to ensure all required infom7ation is collected. The Facility Assessors will
receive project specific data collection training to ensure there is a complete
understanding of the project requirements. Facility Assessors are required to complete
their data collection forms and field notes by the end of each day. This practice ensures
that all relevant information is recorded, and not left until a later time to document, which
minimizes the potential for omissions.
While performing the building assessments, the Facility Assessors will interview the
facility staff at each location to capture and document the site and building specific
information that is known best by the people who work there on a regular basis. The
information obtained in these interviews will be correlated with our actual field
observations, and will serve to focus our attention on areas of specific concern to the
City. Data entry is validated during AMEC's internal QC process.
The inventory of building sub -elements will be categorized using the "Standard
Classification for Building Elements and Related Sitework-UNI FORMAT II".
UNIFORMAT II has been adopted by the American Society for Testing and Materials
("ASTM") and has been codified as standard ASTM E 1557-09. This standard
AMEC EnvironmentPrrr As
establishes a classification and coding scheme that incorporates four hierarchical levels
of detail.
At the same time the inventory is being documented, observations will be made to
locate obvious problems and visible defects in the materials and building systems in an
effort to assess the physical and operational condition of inventoried assets. There are
three primary methods of assessing the condition of inventoried assets using EMS
principles: 1) age -based modeling, 2) general assessment, and 3) detailed assessment.
The methods selected for use depend on the clients overall program requirements for
the use of the data. The level of effort and costs associated with each method of
assessment increases from the first method (age -based modeling) to the third method
(detailed assessment).
AMSC shall approach to the project with a combination of age -based and general
assessments based on the following:
Age -Based Assessments: For sub -elements which are not readily accessible, hidden
from view, or for which major operating components are internal to the sub -element, we
will assess condition using Age -Based assessment techniques. Unless otherwise
modified, the Cl is predicted based on the age of the asset and assumes the
performance life of the asset is equal to its design life.
General Assessments: For sub -elements that are assessed on a general level, we will
record an estimated RSL, which will in tum be used to calculate a Cl. During the field
observations, the condition of the asset is established by estimating the RSL of the
asset in years. Based on the assessor's opinion of RSL, a numerical Cl can be
generated using the age of the asset and the selected EMS' deterioration curves.
Because of this, the generation of detailed repair costs associated with specific defects
cannot be generated. MR&R costs for assets whose Cl is generated from a Modeled
Assessment or a General Assessment are based on Repair curves (mathematical
equations) that calculate an estimated percentage of the annual cost of ownership of
the asset that is inversely proportional to the projected deterioration rate for the asset.
The Cls are empirical models. The importance of the Cl lies not in the numerical result,
but in its ability to reasonably project the current rate of asset deterioration and the
remaining useful economic service life, RSL of the asset.
AMSC take photograph of buildings, structures or systems and photos will be provided
as a report appendix. AMEC will only take photographs where specifically allowed by
the City representatives.
1.11: Quality Control
At the end of each day, Facility Assessors will synchronize the databases. Data
collected in the field, not previously uploaded, is sent to the selected EMS and stored in
temporary tables pending data review for QC. Any files that have been modified in the
selected EMS since the last synchronization with the selected mobile EMS are
downloaded to the field tablets.
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AMEC will establish appropriate OC measures to ensure the accuracy of data being
entered into and produced by the selected EMS. The selected EMS will include over 30
automated QC queries in its "To Do List", and also includes data review tools.
The selected mobile EMS will organize the data uploaded from the mobile EMS
program to support multirecord QC, using filters and data sorting to facilitate more
efficient human review of the data. The selected mobile QC program will track records
reviewed and records posted to the selected EMS database. The selected mobile EMS
QC program will document an audit trail of data errors identified and fixed during the
review.
In addition, the selected EMS includes automated queries in its "To Do List". These
queries are specific to the defect types on which one is focusing. For example, specific
QC reviews can be run to identify all records with a null CRV, or defect densities that
exceed the total size of the asset, as examples. The "To Do List" queries can analyze
thousands of records per minute, thus dramatically reducing the human effort required
for data review, with guaranteed accuracy.
Should inventory be recorded that does not associate to a CRV in the selected EMS
catalog, the asset attributes will be reviewed for accuracy. If accurate, our QC Senior
Principal will determine a current price from RS Means or industry data sources and
update the cost catalog.
After the FCA activities are complete in the field, AMEC intends to proceed with Task 2
which involves deploying our assigned Mechanical Engineer to perform a detailed
evaluation of existing facility management systems and making recommendations to
develop new operating systems requirements.
2.1: Facility Management Systems; Evaluation of Existing Operating Systems
AMEC will coordinate with the City's Municipal Operations Department ("MOD") to
review and evaluate the existing facility operating systems software and hardware. This
review will include an evaluation of the original design intent to include construction
documents, specifications, the sequence of operations, and any contractor or
manufacturer submittals. AMEC will interview the MOD staff concerning the existing
system capabilities, deficiencies, support requirements, and goals. The evaluation will
focus on the operating system, architecture/hardware, interoperability or interface
capability, sequences of operation, as well as expandability and limitations.
AMEC will provide recommendations on the City's existing operating systems and
provide recommendations as to alternative systems, upgrades and/or improvements to
operating hardware and software programs that would integrate remote control and
monitoring. AMEC will consider the operating platform, system integration, system
expandability, trending, and interface with other control systems. AMEC will also
develop new operating requirements in conjunction with new facility replacement
projects. AMEC has in-house facility operating systems engineers and may also work
with hardware/software vendors to accomplish this activity.
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3.1: Facility Maintenance Software
AMEC has developed its Facility Asset Management programs or Vertex® based on
sophisticated, IT -enabled, decision support tools that allow management to perform
"what if' analyses to create financially optimized and defendable forecasts. Through use
of the latest internet technology, the data can be updated and the forecasted results can
be shared with anyone, anywhere, anytime.
3.2: Building Facilities Master Plan
The Building Facilities Master Plan will be based on the life cycle cost analysis and the
schedule of annual repairs and replacements. Within the scope of this task we will
perform a thorough life -cycle cost analysis. We will also develop the schedule of annual
repairs and replacements which will include, for each asset, the projected lifetime,
estimated cost to repair/replace and annual funding requirements. AMEC will conduct a
thorough life cycle cost analysis and recommend alterations and improvements to
properly maintain or increase the life of each City -owned building. The EMS process
AMEC will use in the FCA task collects system inventory information that establishes a
baseline condition for each system. EMS utilize life cycle curves which model how a
system changes overtime and uses factors such as age and observed defects to adjust
the system's apparent age based on condition versus it's actual calendar age.
4.1: Building Facilities Capital Improvement Plan
After we have completed the life -cycle cost analysis of each facility and generated the
schedule of annual repairs and Building Facilities Master pan, we will develop a Capital
Improvement Plan for the City of Newport Beach. The Capital Improvement Plan is
based on the recommended repairs from the Building Facilities Master Plan, but is
adjusted according to the City's anticipated budget, contracting capabilities, and
potential impact on the City's employees and customers.
The projects in the Capital Improvement Plan will include preliminary scopes of work
and cost estimates prepared using RS Means data, which will be regionally adjusted for
the Newport Beach area. Most all team members on the project team are experienced
in preparing project estimates using RS Mean's data. Additionally„ one of the assigned
Facility Assessors shall be a Certified Cost Engineer, and will provide quality reviews of
all cost estimates.
AMEC will review and critically analyze, among other items, the data gathered in the
field, the existing annual inspections information and the Building Facility Master Plan.
Based on the annual inspections and Building Facility Master Plan information, AMEC,
in collaboration with the City, will propose and draft a building facilities capital repair,
rehabilitation and replacement program of projects to the City. AMEC will develop
budgets and funding recommendations for consideration by the Public Works Director
and City Engineer.
5.1: Coordination with MOD Facilities Maintenance Program and Development of
Policies and Procedures
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AMSC will meet with City personnel and maintenance vendors as necessary to analyze
existing policies and procedures. After having fully analyzed and evaluated the existing
policies and procedures, AMSC will, in collaboration with the City's MOD staff, develop
new policies and procedures the better meet the needs of the City. These procedures
will include determining relative risk of failure of each type of procedure versus the
component maintained, and recommending maintenance schedules and system
monitoring to increase overall system reliability while reducing cost.
AMEC, in concert with the City's MOD and selected vendors, will develop a formal set of
organized and logical policies and procedures manual for the proper maintenance and
operation of City -owned facilities. AMEC will provide training to maintenance and
operations vendors as well as the City of Newport Beach to implement the new policies
and procedures effectively.
5.2: Assistance in Establishing Regular Building Maintenance Contracts
AMEC will meet with the MOD Staff, analyze and evaluate the existing maintenance
services procurement process, and assist the MOD Staff in establishing regular building
maintenance contracts.
Phase ll—Reuortina Phase
6.1: Data Analyses
The data collected by AMEC will be uploaded to the Vertex EMS on a daily basis
throughout Phase I of this project. Once uploaded, the EMS will automatically calculate
a numerical Cl for each sub -element included in the inventory. After Cls are calculated,
AMEC will analyze the data and prepare budget estimates for recommended
alternatives of MR&R of assets. The financial analyses will be generated from queries
established in a "decision matrix" which model various asset management strategies.
Strategies will be formulated to bring each facility up to the applicable standards. After
reviewing the work and data from the initial phase, AMEC will proceed with an analysis
of each facility assessed. As with the assessments, there will be two pieces of the
analysis, though they will be more closely linked than in the assessment.
The Draft and Final Report Deliverables will include all pertinent information from the
first five tasks outlined in this Scope of Work. The City will receive one draft report and
one final report. The draft report will be a full, complete and comprehensive report. The
final report will only incorporate additional comments from the City.
6.2: Orientation and Training provided to the City of Newport Beach
AMEC will provide orientation and hands-on training to the City of Newport Beach staff
on the features and attributes of the Vertex EMS populated with the City of Newport
Beach's' data. Hands-on training will focus on how to run queries and reports, update
and delete information. Training will be held at a City of Newport Beach facility, and the
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City of Newport Beach will be responsible for providing sufficient computer access and
training facilities.
We anticipate training will be targeted to individuals primarily involved in data entry and
"super users" involved in data analysis, interpretation and reporting. Training shall be
conducted with classes of no more than ten (10) individuals at one time. Our fee
estimate assumes the training will be conducted for one (1) day at a site determined by
the City of Newport Beach. Printed User Guides and Training materials will be provided
as part of the database delivery and training. Training agendas and outlines that
describe what will be covered during the training session will be provided to attendees
in advance as part of the training.
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ATTACHMENT 1
INVENTORY
Loc #
Locathon Name
Street Address
# OF
Stories
Square
Feet
Buiklin
Lot Size Acreacie
Public Restroom6 Only
14.386
135.87
I
Newport Pier
70 McFadden Place
1
884
1.95
2
15th Street
15801 W. Ocean Frac
1
324
5.59
3
Balboa Per
801 E 0.rean Front
1
240
30.71
4
WashinCrOn, Street
208 E. Bay Ave.
1
600
0.05
5
19th Street
226 19th Street
1
432
0.88
6
38th Sheet
3706 Balboa Blvd.
1
288
1.04
7
Channel Place Park
4402 Channel Mace
1
489
1.32
8
58th Sheet
5800 Seashore Dr.
1 1
240
3,24
9
Orange Street
6804 Seashore Dr.
1
432
1.58
10
Balboa island Ferry
501 S. Bay Front
1
215
NIA
11
bvine Terrace Park
721 Evils Dr.
1
588
8.26
12
*Carnal Del Mar State Beach
2909 & 3029 Breakers Dr.
1
720
8.92
13
Buck Gully
214 Caen Or.
1
1,500
A
14
CYC Tennis Courts
900 Goldenrod Ave.
1
372
1619
15
Coastal Peak Park
20903 E. Coastal Peak
1
1,123
9.90
16
San Miami Park
2200 San Miguel Drive
1
552
7.32
17
Port Carney
1910 Part Carney Place
1
900
6.41
18
Port Wes0boume.1891
Port westhoume Place
1
900
N/A
19
Arrovs Pork
1411 Bison Ave.
1
960
7.59
20
Eas0biuff Park
2401 viva Del One
1
506
13.20
21
BabHenry Park
900 Dover Dr.
1
573
4.80
22
Manners
Park
=5 Cover Dr.
1
1,055
6.32
23
Bowii Green
Restrooms
Drive North
I
78
N A
24
Boy Scout House
Restrooms
N/A
1B0
JjLA,
25
Bonita Creek Park Restrooms
Vida
240
N/A
26
Balboa Island Fire Station Restroom
124 Marine Ave.
I
the
NLA
Utilities Yard
-
56882.`
6.50'
27
Bulldin
1
999 W. 16th
2
4,487
'
28
Building
2
949 W. 16th
1
4328
29
Buldtng_2A
949 W. 16th
1
6.554
"
30
Building 3
949 W. 16th
1
4,339
31
Building 3
949 W. 16th
1
688
32
Building 4
949 W. 16th
1
4,479
'
33
Build1m 5
949 W. 16th
1
3,700
"
34
Building 6
949 W. 16th
1
10,144
35
Buildina 7
949 W. 16th
1
8000
"
36
Building 8
949 W. 16th
1
10164
Corporation Yard
81,303
7.95
37
Bldg A - Administration
592 Sucerlor
2
6,400
"
38
Bldg 8- r & SiN Shob
592 Superior
1
6641
39
EM C - Vehicle& poem S
592 Superior
1
6400
40
BI D- Vehicle & Eoufo Resairs
S92SuDenur
1
16.000
41
Bldg E - Covered Storaw & Paint Booth
592 Superior
1
9.760 1"
42
BIO G - Equip" nt Stora
592 Su oar
1
10,268
43
Bldg H - Fire Dept, Warehouse
592 Superior
1
10 044
"
44
BUg 1- Fertilizer Pesticide Storacie
592 Superior
1
4,540
45
Bldg K - Parks Dect.fWarehouse
592 Superior
1
2,800
"
46
Bldg 0 - Covered Stora a Shed
592 Superior
1
5,475
47
Other Mix. Budiding
592 Superror
1
3,015
"
Back Bay Science Center
-6,626 :.
0.00
48
Science Center
600 Shekrwker Rd., BWO A
1
fr 626
A
Oasis Senior tenter
36,457
4.92
49
r.rhlz ns Center & Passive PaEk
801 NarcissusAve.
1
36,457
4.92
Fire Stations
62,9gs
29.47
50
Fire Station #1
110 E. Balboa Bed.
2
3.423
0.57
51
Fire Station #2
475 32nd Street
2
9.953 1
9.26
52
Fire Station #3
868 Santa Barbara Dr.
2
13,605
3.99
53
Fire Station #0.
124Mr hyg.
2
4 7
flAn
54
Fire Station #5430
k Ave. CDM
1
2945
0.16
55
Fire Statim #6
134$ Zrt4ne Ate.
1
2 926
6.32
56
Fire Statim #7
20401 Acacia St.
1
11027
2.11
87
Fire Station #8
6502 Ridge Park Rd.
1
13 027
1.09
58
Ufeqwrd Heatl uarters N rt Pler
70 New rt Pier
2
2 500
1.95
59
L ward Headquarters CDM
3001 Ocean Bed.
1
1832
8.92
Recreation
64.923 -
- 117.20
60
Balboa Common Comer
1714 W. Balboa Blvd.
1
2 742
9.75
61
Bonita Canyon Park (Resbcoml
1990 Ford Road
1
2.89769
14.24
fit
Benita Creek Park Commu Cerner
3010 W Vida
1
2,876
14.24
63
Carrel Beds Comununity Center
115 Acede Are
1,555
028
64
Cliff Or Gpownwrilly Center
301 Riverst a Ave.
1
750
1.25
65
Mariners Park Youth Center
1300 Irvine Ave.
1
I'm
6.32
66
Grant Howald Community Youth Center
3000 5th Ave. Com
1
5 146
7,86
67
Newport Coast Community Center
6401 San 3o3 in Hills Road
1
19,865
3.06
68
West NevvPort Conincurilov Center
883 W. 15th Street
2
11,980
0.82
69
Theater Arts Center
Z501 Cliff Dr.
2
8,042
1.62
70
Lincoln Athletic Center
3101 Pacific View Dr.
1
7,321
1915
71
CDM HS Pool Poon
2100 Eastbluff Or.
1
2,950
38.51
Libraries
W78
11.21
72
Balboa Branch
100 E. Saw But.
1
5,5560.57
73
Mariners Branch
13001Mne Avenue
1
15.000 1
6.32
74
Main Brandt
Avocefo Ave.
2
43957 f
4.00
75
CDM Branch
420 Man Id Ave.
1
4.055 1
0.32
Balboa Yacht Basin
19.340
76
Balboa Yacht Basin
Harbor Island Dr,
2
2,250
77
Basin Marine Inc.
-§,29
$29 Harbor Island Drive
1
2,200
Two -5
78
Various (Managed by Basin Marine Inc.
$29 Harbor Island Drive
1
2,800
79
The Galley Care
829 Harbor IslMM On"
1
1200
80
HerjMY&Cht Saks Inc.
829 Harbor Island Drtae
1
430
61
APOTtrusut A
829 Harbor Island Drive
i
13DO
82
Apartment 8
829 Harbor Island Drive
1
2 30DD
Ilex
83
Apartment C
829 Harbor Island Drive
1
1,400
84
Various Manor ed by Basin Marine Inc.
829 Hama Island Drive
1
5,900
Police Department
48,000
85
Police Department Headquarters
870 Santa Barbara Drive
48.000
Misc. Facilities
81,250
86
1499 Monrovia Office Building
1499 Monrovia Avenue
2 1
20.000
87
Mierican Legion
215 East 15th Street
1
7,800
88
Balboa Angling Club
200 A Street Balba3
1
750
89
Balboa Pier Concessions
1 Balboa Pier
1
1300
90
Boys and Girls Club of Balboa
2555 Vista dei Oro
1
11,800
91
Corona del Mar a&ich Cmcesslons
3029 Ocean Blvd.
1
950
92
221 Fishemlan's Fleet
2111 West Oceanfront
1
1,350
93
Newport Aquabc Center
1 Whiteciiffs Drive
1
17,500
94
New rt Harbor Lawn Bowling
1550 Crown Drive North
1
2,750
95
Newport Mesa USD
POW at Corona de Mar High
1
4,450
Pool - 28,100
2�
Newport Mesa USD
Pool W Newport Harbor High
1
5,0w
Pod = 28 240
97
Nemport Mesa USD
Fields at Lincoln ELawtmy
i
MIA
Fields . 495 000
Newoort Pier Concession
Restaurant But he
4400
99
Sctodc Seats
29th Street Mer
1
3200
CIVIC CADDIE
100000-
100
Civic Center
100 Civic Center Drive
3 1
100,000
Excludin Parki Structure
TOTAL
-
640,730
+40,765 &XCwIng
Um Y
ATTACHMENT 2
License Agreement, Maintenance
Agreement and Hosting Agreement
SOFTWARE END USER LICENSE AGREEMENT
"Vertex "
This Software End User License Agreement ("License Agreement") is between AMEC Environment &
Infrastructure, Inc., a Nevada corporation, ("AMEC") with offices at 1075 Big Shanty Road NW, Suite 100,
Kennesaw, Georgia 30144 and the City of Newport Beach, a California municipal corporation and charter city with
offices 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client") and is effective the 22nd day of
October, 2413 ("Effective Date"),
1. Grant of License. Licensor hereby grants to Licensee a personal, non-exclusive, nontransferable, limited license
("License") to install and use the product named above and its accompanying documentation (collectively, the
"Software") in object code form solely in accordance with the terms of this License Agreement, including the
restrictions set forth in Section 2 below. Licensee may make one copy of the Software for archival and backup
purposes. Licensee must reproduce and include any copyright and trademark notices, legends and logos on each copy
of the Software or diskettes made by Licensee.
2. Limitations of License. Installation and use of the Software is specifically subject to the following restrictions and
limitations:
a. The rights granted herein are specifically negotiated license rights.
b. The License is limited to the processing of data associated with selected building and site infrastructure sub -
elements ("Sub -elements°") which are (i) available in the Classification Catalog Manager of the Software, as
of the Effective Date, and (ii) included in the Croup Elements listed below, as defined by, and set forth in,
UNIFORMAT It, ASTM E-1557-05:
i. A10 - Foundations
ii. A20— Basement Construction
iii. B10 - Superstructure
iv. B20— Exterior Enclosure
v. B30—Rooting
vi. C10— Interior Construction
vii. C20 — Stairs
viii. C30 — Interior Finishes
ix. D10—Conveying
x. D20—Plumbing
xi. D30—HVAC
xii. D40—Fire Protection
xiii. D50 — Electrical
xiv_ E10—Equipment
xv_ 620—Site Improvements
xvL G30 — Site Mechanical Utilities
xvii. G40— Site Electrical Utilities
c. The Software may be used to store and manage data regarding Sub -elements at physical locations containing
buildings that are owned or managed by Licensee, and whose combined gross floor area does not exceed XK ^;Is c 7`S
ren square feet.
d. The Software may be installed on one or more servers at one or more locations of Licensee.
e. .Licensee is authorized to access the Software by means of a restricted web site that is hosted by Licensor.
3. Termination. This License Agreement may be terminated at any time by Licensor immediately and without notice
upon any breach by Licensee. Upon termination, Licensee shall certify in writing that all copies of the Software have
been destroyed and all copies erased from the memory of Licensee's computers.
4. Proprietary Rights. Licensee acknowledges that the Software is the sole and exclusive property of Licensor. By
accepting this license, Licensee does not become the owner of the Software, but only has the right to use the Software,
as outlined in and limited by this License Agreement. The Software is protected by copyright laws, international
copyright treaties, and other laws regarding trade secrets and other intellectual property rights. Title and full
ownership rights to the Software and any and all copies of the Software remain with Licensor.
5. Other Restrictions and Limitations. Licensee agrees that (1) it will not copy the Software except as pennitted in
Section l; (2) it will not reproduce„ deactivate, or bypass any security device supplied with the Software; (3) it will
preserve and respect Licensor's copyright and the notice of copyright included in the Software; (4) the Software
contains valuable, confidential, unpublished information and trade secrets developed or acquired by Licensor and may
contain information, components or other software applications that are proprietary to a third party, which Licensor has
been authorized to sublicense, and Licensee will not disclose or transfer or otherwise provide to any third party all or
any pact of the Software without the express written consent of Licensor; (5) it will not disassemble, reverse compile or
reverse engineer the Software or any portion thereof or otherwise attempt to discover the source code or structural
framework of the Software; (6) it will not rent or lease the Software nor use the Software in a service bureau or time
sharing environment; and (7) it will not modify the Software.
6. Disclaimer of Warranties. NO WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO
THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES ARE
EXPRESSLY AND SPECIFICALLY DISCLAIMED. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO LICENSEE.
Liability.
IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER LICENSEE OR A THIRD PARTY AGAINST
LICENSEE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOST PROFITS,
BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH
THIS LICENSE AGREEMENT OR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR BE
LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR
OTIIERWISE) IN EXCESS OF THE AMOUNT PAID TO LICENSOR BY LICENSEE FOR USE OF THE
SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO LICENSEE.
8. Remedy. Licensee acknowledges that Licensor shall be entitled to seek and be granted injunctive relief or specific
performance upon any breach or threatened breach of this License Agreement by Licensee, all without the necessity of
posting a bond or other security or undertaking in connection therewith. Licensee agrees to pay to Licensor all costs
and expenses, including reasonable attorney fees, incurred by Licensor in connection with exercise of any of its rights
and remedies contained herein.
9. License by U.S. Government. Any noncommercial software is provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions set forth in 48 CFR 52.227-19.
Contractor/Manufacturer is MACTEC Engineering and Consulting, Inc., d/b/a Facility Lifecycle Group, 2015 Vaughn
Road, Building 300, Suite 300, Kennesaw, Georgia 30144.
Hh Audit. Upon forty-five (45) days notice, Licensor may audit Licensee's use of the Software during Licensee's regular
business hours. If Licensee does not pay any such fees or other amounts or remedy any such misuse within the fifteen
(15) day period, Licensor may terminate the License, this License Agreement and all technical support.
11. General Terms and Conditions. Any and all remedies provided for in this License Agreement shall be cumulative
and additional to any other remedies in law or equity which Licensor may have. This License Agreement shall inure to
the benefit of Licensor, its successors, and assigns Licensee shall not assign its rights hereunder to any party. All
rights not specifically granted herein are reserved by Licensor.
Rev. 097006
IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed by their duly
authorized representatives effective on the day and year first above written.
"AMEC" CLIENT
AMEC Environment& Infrastructure, Inc.
By: u VXBy: vv-
Signature: rim Signature: y�oo
Title: �: -^ Title: 11
Date: A Date: i\ -kS P\'�
APPROVED AS TO FORM:
CITY A i 'S OFFICE
Date: 11111
By: VA VV
Aaron C. Harp
City Attorney
ATTEST:
Date: ! P/,1-
:
BY
Leilani I. Brown
City Clerk @ P®
07
X
'� r.► FoFL�'
Rev. 0912006
Attachment A
SOFTWARE MAINTENANCE SUPPORT AGREEMENT
This Software Maintenance Support Agreement ("Maintenance Agreement") is between AMEC
Environment & Infrastructure, hie., a Nevada corporation, ("AMEC") with offices at 1075 Big Shanty Road
NW, Suite 1,00, Kennesaw, Georgia 30144 and the City of Newport Beach, a California municipal
corporation and charter city with offices 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter
"Client") and is effective the 22nd day of October, 2013 ("Effective Date").
In consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
1. Background. AMEC and Client agree that the terms and conditions of this Maintenance Agreement cover
software maintenance support services as set forth below to be provided by AMEC to Client. Such services shall
be provided by AMEC only with respect to software for which Client has entered into a Software License
Agreement (hereinafter referred to as "License Agreement") with AMEC. Any Software Error Revisions or
Software Updates shall be considered "Software" under the License Agreement and thus shall be subject to terms
and conditions set forth under the License Agreement.
2. Definitions.
A. "Support" means the technical support provided by AMEC or its third party representative to Client, its
agents, or employees (hereinafter collectively referred to as "Client") regarding the use and operation of
applications software specifically developed by AMEC, commonly referred to as Vertex, and that is
subject to a License Agreement (hereinafter referred to as the "Supported Software"), and code revisions
to resolve Software Problems identified and made known to AMEC. Support shall include (i) a direct
response to an inquiry from a Support Contact concerning the technical operation of the Supported
Software, (ii) a direct response to an inquiry from a Support Contact concerning Software Problems in the
Supported Software, (iii) a diagnosis of Software Problems in the Supported Software, and (iv) reasonable
commercial efforts to resolve reported and verifiable Software Problems in the Supported Software such
that the Supported Software performs the functions described in the associated documentation.
B. "Support Contact" means authorized individuals(s), specified on Exhibit 1 of this Maintenance
Agreement with whom AMEC communicates when providing Support. The Support Contact must be
functionally knowledgeable about how the Supported Software is intended to be used,
C. "Software Problem" means a defect in the Supported Software code, developed by AMEC, which (1)
prohibits Client from entering, viewing, or printing data in a manner consistent with the design of the
software and its associated documentation, or (2) results in a verifiable mathematical calculation error, or
(3) results in the display of a program error message.
D. "Software Error Revisions" mean revisions to programming code related to the Supported Software
only, which are developed by AMEC and specifically excludes any software revisions or enhancements of
operating systems software, or other third party software products, not specifically developed by AMEC.
E. "Software Updates" mean revisions, enhancements, or new releases of software program files or user
manuals designed to correct a known error or improve functionality of the Supported Software. Software
and specifically excludes any software revisions or enhancements of operating systems software, or other
third party software products, not specifically developed by AMEC.
3. Software Support Services. Under the terms and conditions of this Maintenance Agreement, AMEC shall provide
to Client the following Support services:
A. Telephone Assistance. The Support Contact, using an authorized telephone number to be provided by
AMEC, may contact a representative of AMEC's Help Desk to ask questions or seek advice relating to
technical problems with the use of the Supported Software as described in the associated documentation.
Support calls are answered in the order in which they are received. If a technical support representative is
STA201 ISO
not available to accept the call immediately, the call will be returned in as timely a manner as possible.
AMEC's technical support representative will use commercially reasonable efforts to assist the Support
Contact in using the Supported Software, and in identifying and providing a workaround, if possible, for
Software Problems found in the Supported Software. Telephone assistance shall be available Monday
through Friday, from the hours of 8:00 a.m. to 5:00 p.m. Eastern Standard/Daylight Savings Time, as
applicable, excluding holidays. Client may also communicate with a technical support representative by
written correspondence via an electronic Help Desk Trouble Ticket Form.
B. Software Error Revisions. Software Error Revisions will be made available to Client, from time to time,
whenever such Software Error Revisions are produced and commercially released by AMEC to its
Software Maintenance Support customers. AMEC makes no promise as to the scope, contents, or
frequency of release of any Software Error Revisions.
C. Software Updates. Software Updates will be made available to Client, from time to time, whenever such
Software Updates are produced and commercially released by AMEC to its Software Maintenance
Support customers. AMEC makes no promise as to the scope, contents, or frequency of release of any
Software Updates.
4. Deliverv. AMEC will use commercially reasonable efforts to schedule delivery of Software Updates in accordance
with those dates as provided to Client. Shipping and delivery dates are approximate only. It is agreed that AMEC
will not be liable for any loss or expense of any nature due to a failure to meet a specified delivery schedule.
5. Payment. Client agrees to pay AMEC the charges for Support and other fees set forth on Exhibit I which is
attached hereto. Such fees shall be due and payable within thirty (30) days of the invoice date.
6. Limitations on Support Services.
A. The following are not supported under this Maintenance Agreement.
1. Client's improper installation or use of the Supported Software;
2. Misuse, abuse or negligent use, repair, alteration or improper storage or any use which does not
conform to the specific or general instructions of AMEC or to the provisions of the
documentation for the Supported Software;
3. Any modification or attempted modification of the Supported Software by Client or any third
party;
4. Client's failure or refusal to maintain the Supported Software at the "minimum release level"
required by AMEC.
B. AMEC reserves the right to charge for excessive telephone, shipping, handling, media or user manual
expenses in connection with Support services provided hereunder. In all cases, AMEC shall notify Client
of these costs in advance.
7. Availability of Support Services.
A. Support shall be conducted at the offices of AMEC, at its address as set forth on this Maintenance
Agreement (or such other address as AMEC may designate by notice provided herein) or at a third party
location as so designated by AMEC.
B. Support shall be conducted generally between the hours of 8:00 AM and 5:00 PM, Eastern
Standard/Daylight Savings Time, as applicable, Monday through Friday, holidays excluded.
C. Support shall be conducted on a first-come fust -serve basis.
D. The Support Contact shall provide his or her name, and company name when requesting Support under the
terms of this Maintenance Agreement.
2 - Rc,.09 '013
SSLSA'_013SO
Disclaimer of Warranties. THE SUPPORT AND OTHER SERVICES PROVIDED UNDER THIS
MAINTENANCE AGREEMENT ARE PROVIDED "AS IS", AND AMEC MAKES NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SUPPORTED SOFTWARE, THE SUPPORT
SERVICES, THE OPERATION OF THE SUPPORTED SOFTWARE, OR CLIENT'S ABILITY TO
UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO CLIENT' BY
AMSC, NOR DOES AMEC MAKE ANY WARRANTY THAT THE SUPPORTED SOFTWARE, SOFTWARE
ERROR REVISIONS, SOFTWARE UPDATES OR SUPPORT ARE ERROR FREE, AND AMEC
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE.
9. Limitation of Liabilitv. IN NO EVENT SHALL AMEC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY
FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A
THIRD PARTY, RESULTING FROM ITS PERFORMANCE OR FAILURF, TO PERFORM PURSUANT" TO
THE TERMS OF THIS MAINTENANCE AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR
RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR LOSS OF USE OF ANY
SUPPORTED SOFTWARE OR SUPPORT SERVICES OR MATERIALS DELIVERED TO CLIENT
HEREUNDER, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF BUSINESS, WHETHER
RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF
AMEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Term and Termination.
A. The term of this Maintenance Agreement shall be for one (1) year, beginning on the Effective Date, and
shall automatically renew for successive one (1) year terms, provided that either party may terminate this
Maintenance Agreement by providing written notice of its intent not to renew at least sixty (60) days prior
to the end of any one (1) year term.
B. Either party may terminate this Maintenance Agreement in the event of a default by the other party to this
Maintenance Agreement; provided however, no such termination shall occur until the non -defaulting party
shall have given written notice of the default to the defaulting party and such default shall not have been
cured within five (5) days in the event of a monetary breach and thirty (30) days in the event of a
non -monetary breach.
11. Notices. All notices, requests, demands or other communications required or permitted to be given or made under
this Maintenance Agreement shall be in writing and shall be given by express courier (such as Fed Ex) facsimile
transmission, or by United States certified mail, return receipt requested, postage prepaid to the addresses set forth
on the first page of this Maintenance Agreement, or such other address as changed through written notice to the
other party. Notice given by express courier shalt be deemed effective upon receipt; notice given by facsimile
transmission shall be deemed effective on the date of transmission with printed confirmation of successful
transmission; and notice given by mail shall be deemed effective the day on which delivery is either accepted or
first rejected.
12. General.
A. This Maintenance Agreement, including the Exhibits attached hereto, contains the entire understanding
and agreement of the parties with respect to the subject matter hereof and supersedes any prior written or
oral agreements between them with respect thereto. Except as set forth herein, there are no
representations, agreements, arrangements or understandings, written or oral, between the parties with
respect to the subject matter of this Maintenance Agreement.
B. Nothing in this Maintenance Agreement will in anyway be construed as creating a partnership, joint
venture, agency, or employer-employee relationship between Client and AMEC. Client is not authorized
to, and will not, undertake or assume any obligation of any kind, express or implied, to conduct any
business on behalf of AMEC,
C. The validity, interpretation and performance of this Maintenance Agreement will be construed in
accordance with and governed by the laws of the State of California.
SUS.: 7L3St,1
D. If any provision, in whole or in part, of this Maintenance Agreement is held illegal or invalid by any court
or administrative agency of appropriate jurisdiction, such provision or appropriate portion thereof will be
deemed severable and the illegality or invalidity of such provision or portion thereof will not effect any of
the remaining portions of this Maintenance Agreement. In such event, this Maintenance Agreement will
be considered as if the illegal or invalid provision or portion thereof had not been contained herein.
E. The failure of either party to require the performance of any term, condition or portion of this Maintenance
Agreement or the waiver by either party of any breach of this Maintenance Agreement will not prevent
subsequent enforcement of such term, condition or provision, nor be deemed as a waiver of any
subsequent breach.
F. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Maintenance
Agreement will be binding upon either of the parties only if approved in writing by its authorized
representative.
G. Neither party will be liable to the other in any manner for any loss or damage of any nature whatsoever
incurred or suffered as a result of any failures or delays in its performance under this Maintenance
Agreement due to any cause or circumstance beyond its control, including, but not limited to, any failure
or delays in performance caused by strikes, lockouts, labor disputes, fires, acts of God or the public
enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws,
regulations, orders or policies of any governmental authority, delays in transit, delivery or performance on
the part of vendors, transportation companies or communication facilities, or failures of sources of raw
materials.
H. Client will have the right to assign or otherwise transfer its rights or obligations under this Maintenance
Agreement only with the prior written consent of AMSC. In the event of any assignment (whether by
consent of AMEC or otherwise), all covenants, stipulations, and promises in this Maintenance Agreement
will be binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
sisaIt;usid
IN WITNESS WHEREOF, the parties have caused this Maintenance Agreement to be executed as set forth
below.
"Client"
By: -�
Name:(P(nrint)`�n/,P�+ A • �1'SC
Title:
Date:
"AMEC"
AMEC Environment& Infrastructure, Inc.
By:
Name:(Print) 44 Garrs1,1-4
1!WAf Aim
Title: A4eft�a Are anager
Date: /// C
APPROVED AS TO FORM:
CIWHarpp
FICE
DatBy:
City Attorney
•�`, PO
ATTEST: / ��
Date: �/
q, By
Leilani I. Brown FO+i
City Clerk
Attachments: Exhibit 1: Annual Fees
Exhibit I
Annual Fees
The annual fees for the Support provided under the Maintenance Agreement are as follows: $1,180 per year
based on a license limitation of 440,765 square feet of building assets stored in Vertex and will be calculated
based on 20% of the total license fee paid for the software.
ay..r9 201
S%I' VV,)i st.t
Attachment B
Software Hosting Services Agreement
This Software Hosting Services Agreement ("Hosting Agreement") is between AMEC Environment
& Infrastructure, Inc., a Nevada corporation, ("AMEC") with offices at 1075 Big Shanty Road NW, Suite
100, Kennesaw, Georgia 30144 and the City of Newport Beach, a California corporation and charter city
with offices at 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client") and is effective the
22"d day of October, 2013 ("Effective Date").
1. Background.
AMSC has granted certain rights to software and other intellectual property (the "Software") to Client pursuant to a
separate License Agreement (the "License Agreement"), and AMEC and Client have entered into a software
maintenance support agreement that provides for certain support services as set forth in that agreement (the "Software
Maintenance Support Agreement") concerning the Software. Pursuant to this Hosting Agreement, AMEC and Client
have agreed that AMEC, on behalf of Client, will deploy, host and maintain access to the Software by means of a
restricted web site in accordance with this Agreement. Capitalized terms in this floating Agreement have the same
meaning as in the Software Maintenance Support Agreement.
2. License Granted and Limitations.
Client's license for Software shall be as set forth in the License Agreement, except as expressly provided herein. In
addition to the rights granted under the License Agreement, AMEC hereby grants to Client a personal, non-exclusive,
nontransferable, limited license to access the Software by means of a restricted web site that is hosted by AMEC as set
forth herein. Client has only the license rights expressly granted under this Hosting Agreement and the License
Agreement and whatever rights are not expressly granted in this Hosting Agreement or the License Agreement are
reserved by AMEC. The Software may be used to manage data regarding the assets for the facilities and sites owned
or managed by Client as set forth in the License Agreement and not to exceed the total of gross square feet of building
area set forth in the License Agreement.
3. Included Services.
AMSC agrees to deploy, host and maintain the Software, and provide access to Client by means of a restricted web site,
either itself or by means of AT&T's Internet Data Center in Lithia Springs, Georgia ("Site") or by subcontracting to
such other entity as agreed upon by Client, which agreement by Client will not be unreasonably withheld. Access to
the Software requires that users use Microsoft' Internet Explorer version 6.0 or later. AMEC will provide administrator
rights and access to the Software to a Named User within the Client ("Administrator"). The Administrator will manage
the addition and deletion of User IDs and passwords on behalf of the Client.
3.1. Client Configuration.
AMEC will complete the initial configuration of the Software at the Site. Initial configuration includes
establishing Client as a valid user account, and linking various support tables, asset catalogs, price catalogs,
security tables and default analysis settings to the Client account.
3.2. Security.
The Software and its associated database will be hosted on one of AMEC's external domains. This is a
perimeter demilitarized zone ("DMZ") network setup specifically for hosting applications being published
to the public Internet. Strict controls are in place to ensure that vulnerabilities are minimized and monitored
in this network area. AMEC's Web servers utilize digital certificates for Internet information services
("IIS") from trusted public certificate providers to publish secure sockets layer -encrypted web
transmissions. The hosting systems have been "hardened" against commonly known vulnerabilities as
identified in Microsoft's security bulletins. Non-essential systems and services have been removed or
disabled.
3.3. Hardware and Software.
AMEC will configure the Software and related database software on behalf of Client on one or more non-
dedicated servers. At a minimum, servers will include redundant power supply, Quad/L5GHz central
processing units, 4 GB RAM, and RAID 0 (mirrored) operating system, RAID 5 hard drive storage, and tape
backup.
I - SHSA Standarad 2012, Rev 412012
3.3.1. Data Storage Capacity.
AMEC will provide Client 2GB of data storage capacity as part of its baseline annual hosting fee. This
capacity should readily support Client's data storage requirements for the foreseeable future. If Client
requires additional data storage capacity, AMEC will increase Client's storage capacity in 1GB increments
for additional fees at the then current rate per year per GB of storage capacity.
3.3.2. Front End Connectivity.
Front-end connectivity will be provided via a burstable, shared Internet access. Network access will be
provided by a 1000 megabit per second Ethernet port to the Internet.
3.3.3. Operating System and Database Software.
AMEC will provide Client with licensed use of operating system and database software necessary to support
the Software. The decision and timing of upgrades ancYor migration to future releases of operating system
and database software programs will be at AMEC's sole discretion. Costs for the application of service
packs, hot -fixes, and other operating system and database administration costs are included in the hosting
service fee.
3A. Network Support Services.
The Network Support Services ("Services") include network monitoring, hardware backups and data archive
administration on a daily basis. Response time to troubleshoot hardware issues typically will begin within one hour
of Client's notification to the AMEC Helpdesk.
3.4.1. Availability.
AMEC shall use commercially reasonable efforts to make the Software generally available on the web site
on the hosting services as set forth herein for 24 hours a day, 7 days a week, except for (a) downtime due to
scheduled or unscheduled maintenance or (b) downtime caused by circumstances beyond AMEC's control,
including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes,
computer or telecommunications failures or delays involving hardware or software not within AMEC's
control, and network intrusions or denial of service attacks. Although the Software will normally be
available at all times, the core business hours for this Software are 8:00am-7:00pm (Eastern); Monday
through Friday, excluding AMEC holidays C Care Business Hours').
Availability is defined as time when a User is able to successfully log into the Software's interface and
manage data. Partial losses of functionality within the Software do not necessarily constitute total loss of
availability. Partial loss of availability is defined as time when a User is able to log into the Software's
interface and perform limited management of data. Total loss of availability is defined as time when a User
is able to navigate to at least the Software's interface, but is unable to login or perform any management of
data. Losses of availability will generally be caused by a Software level problem. Repair of availability
problems will be the responsibility of AMSC.
In the case of loss of partial or total availability, AMEC will be responsible for performing the diagnosis of
the problem and notifying Client as to the nature of the problem as soon as it is identified. Once AMSC has
determined the cause of the problem and its resolution, AMEC will then implement the repair.
3.4.2. Downtime.
Downtime is defined as the total time that the Software is not available to Users for reasons not attributable
to problems caused by Client's computer infrastructure or communications systems. Partial and total
downtime will generally be caused by a system or network level problem, Repair of downtime causes will
be the responsibility of AMEC. Maintenance of the system by AMSC is considered downtime.
In the case of downtime, AMEC will be responsible for diagnosing the problem. AMEC will contact Client
in a timely manner to make Client aware of the situation and progress in resolving the problem. Client will
be responsible for notification of its Users regarding the nature of the problem as Client sees fit. Once
AMEC has diagnosed the problem and determined a solution, AMEC will implement the solution. AMEC
will keep Client updated throughout the process.
- 2 - SHSA Standarid_2013, Rev 9/2013
3.4.3. Issue Response.
Since Software downtime cannot be completely avoided due to unforeseen operating system, hardware, and
communication failures, AMEC will prioritize resources to bring the Software back on-line as quickly as
possible. As a guideline, a catastrophic recovery should be completed and the Software back on-line the
following business day. Minor failures of the system that caused total downtime will be attended to
promptly by AMSC. AMSC will attempt to bring the Software back on-line during the same business day.
3.5. Maintenance.
From lane to time, AMEC will perform maintenance on the operating system, database or application code
supporting the Software. Some maintenance will be automated and some will be manual.
Microsoft security patches will be installed automatically as they are released and marked as critical by
MicrosoO, The database server undergoes nightly database maintenance. During that nightly maintenance, a
database integrity check and minor error repair is performed. More intensive maintenance such as the application of
service packs, application changes and application updates will be scheduled in advance to minimize Client
downtime.
Scheduled maintenance during Core Business Hours is allowed, but must be pre -approved by a representative of
the Client. Should maintenance be required during Core Business Hours, AMEC will notify Client via e-mail of the
need for maintenance as soon as the need is identified. No maintenance will be performed until such time that
Client has responded to AMSC that such maintenance is approved. If no approval is provided by Client,
maintenance will be deferred until after Core Business Hours.
Client will be responsible for notification of its Users in the event of an approved request for scheduled
maintenance during Core Business Hours. Unscheduled maintenance is allowed outside of Core Business Hours
without Client pre -approval. AMEC will attempt to minimize the application interface downtime during
unscheduled maintenance periods. AMEC will choose quality maintenance methods that will help minimize
downtime.
3.5. Software Baekum
The Software application code and Client data will be backed up every business day and every weekend. AMEC
will handle the management of all data backups. Historical backup sets will be kept for a period of five (5) weeks.
The full backup sets will be sent offsite on a weekly basis.
The application server will be backed -up at the Site, as well as at one of AMEC's office locations, according to the
following schedule:
3.6.1. One (1) weekend night a week a full file system and system state backup will occur.
3.6.2. Five (5) business nights a week an incremental file system and system state backup will occur (this
includes the directories that contain the application code and the registry).
The back -end database server will be backed -up at the Site, as well as at one of AMEC's office locations, according
the following schedule:
3.6.3. Each business night a SQL maintenance plan performs an online backup of each of the SQL
databases on the server. These backup files are created on the server's hard disk.
3.6A. One (1) weekend night a week a full file system and system state backup will occur (this includes
the SQL backup files).
3.6.5. Five (5) business nights a week an incremental file system and system state backup will occur (this
includes the SQL backup files).
To recover from a loss of data, AMEC will rebuild the system(s) involved in the failure by following written
protocols to set up the application Software exactly as it was before the failure. AMSC will then recover the latest
available SQL backup data files and test the application data's integrity through the application.
3- SHSA Standarad_2013, Rev 9/2013
3.7. Disaster Recovery.
In the event that the Site is rendered inoperable, AMEC will take the following steps to restore the Software:
3.7.1. A copy of the Client's data that has been backed up on hardware at AMEC's office will be
transferred frotn the AMEC's backup servers to DVDs.
3.7.2. The latest copy of the application and its installation files, together with the DVD's storing Client's
backed up data files, will be delivered to a location designated by the Client for installation by the
Client on Client servers. AMEC will provide assistance to Client to support Client's installation of
the application and data files.
3.7.3. The application will reside on the Client's servers until such time that the Site is restored to a
condition equal to its condition prior to the event that rendered it inoperable, or an alternative data
center site is identified by the AMEC and made available for use by the Client.
3.7.4. AMEC will provide the Client with specifications for the Client servers necessary to support the
operation of the Software during the interim period required to restore the Site, or make available an
alternative data center for use by the Client.
4. Client's Data.
As between AMEC and Client, Client shall own all Client data. Client hereby grants AMEC an irrevocable, non-
transferable, royalty free, worldwide license to all current and future Client data; provided, however, that AMFC shall
not have the right to share any of such Client data with third parties and AMSC shall not collect or use such Client data
except as necessary to perform its obligations under this Hosting Agreement or for any other purpose other than for its
own internal purposes. Client shall have all responsibility for all content provided by Client, and Client agrees to
defend, hold harmless and indemnify AMEC and its parent, subsidiaries and affiliates, including their respective
officers, directors and employees, from and against all claims, settlements, costs, expenses, liabilities and damages,
including reasonable attorneys' fees, (collectively, "liabilities"), to the extent arising out Client's data, except to the
extent that the liabilities are determined to have been caused by AMEC.
5. Third Party Software and the Hosting Services.
Client is strictly prohibited from installing any third party software on the hosting services servers without the express
written consent of AMEC.
6. Payments.
All amounts due hereunder shall be due and payable within thirty (30) days of the date of the invoice. All amounts are
due in U.S. Dollars.
7. Hosting Fees.
During the first year from the Effective Date, the Client shall pay AMEC, for the services provided and rights granted
by this Hosting Agreement, a fee as set forth in a valid AMEC proposal opt quote for AMEC's hosting, operating and
maintaining the web services. AMEC may raise the annual fee for each succeeding year, provide that AMEC notifies
Client of such increase at least forty (45) days prior to the end of each one (1) year term.
8. Warranty Disclaimer.
THE SERVICES PROVIDED UNDER THIS HOSTING AGREEMENT ARE PROVIDED "AS IS" AND AMEC
MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE, THE
SERVICES, INCLUDING THE HOSTING SERVICES, THE OPERATION OF THE SOFTWARE, OR CLIENTS
ABILITY TO UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO
CLIENT BY AMEC, NOR DOES AMSC MAKE ANY WARRANTY THAT THE SOFTWARE, SOFTWARE
ERROR REVISIONS, SOFTWARE ENHANCEMENTS OR SUPPORT ARE ERROR FREE, AND AMEC
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE.
9. Limitation of Liability.
IN NO EVENT SHALL AMEC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF OR
DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR
- 4 - SHSA Standarad 2013, Rev 9/2013
CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A THIRD PARTY, RESULTING FROM
ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS HOSTING
AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR RESULTING FROM THE FURNISHING,
PERFORMANCE, OR USE OR LOSS OF ANY SOFTWARE OR SUPPORT SERVICES OR MATERIALS
DELIVERED TO CLIENT HEREUNDER, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF
BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR
OTHERWISE, EVEN IF AMEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Term and Termination.
10.1. The term of this Hosting Agreement shall be for one (1) year beginning on the Effective Date and shall
automatically renew for successive one (1) year terms provided that either party may terminate this
Agreement by providing written notice of its intent not to renew at least thirty (30) days prior to the end of
each one (1) year term.
10.2. Either party may terminate this Agreement in the event of a default by the other party to this Hosting
Agreement; provided however, no such termination shall occur until the non -defaulting party shall have
given written notice of the default to the defaulting party and such default shall not have been cured within
five (5) days in the event of a monetary breach and thirty (30) days in the event of a non -monetary breach.
10.3. In the event this Hosting Agreement is terminated or not renewed, upon written request of Client, AMEC
will export Client's data into the then current database file format used to store Client's data and provide
such data on media mutually agreeable to both parties. All out of pocket cost incurred in the exporting or
providing such data will be home by Client.
11. Notice&
All notices, requests, demands or other communications required or permitted to be given or made under this Hosting
Agreement shall be in writing and shall be given by personal service, express courier (such as Fed Ex), tetecopy, or by
United States certified mail, return receipt requested, postage prepaid to the addresses set forth on the first page of this
Hosting Agreement, or such other address as changed through written notice to the other party. Notice given by
personal service shall be deemed effective on the date it is delivered, notice sent by express courier shall be deemed
effective one business day after dispatch, notice given by teleeopy shall be deemed effective on the date of transmission
with confirmation, and notice given by mail shall be deemed effective on the third business day following its placement
in the mail.
12. General,
12.1. This Hosting Agreement contains the entire understanding and agreement of the parties with respect to the
subject matter hereof and supersedes any prior written or oral agreements between them with respect
thereto. Except as set forth herein, there are no representations, agreements, arrangements or
understandings, written or oral, between the parties with respect to the subject matter of this Hosting
Agreement.
12.2. Nothing in this Hosting Agreement will in any way be construed as creating a partnership, joint venture,
agency, or employer-employee relationship between Client and AMEC. Client is not authorized to, and will
not, undertake or assume any obligation of any kind, express or implied, to conduct any business on behalf
of AMSC.
12.3. The validity, interpretation and performance of this Hosting Agreement will be construed in accordance with
and governed by the laws of the State of California.
12.4. If any provision, in whole or in part, of this Hosting Agreement is held illegal or invalid by any court or
administrative agency of appropriate jurisdiction, such provision or appropriate portion thereof will be
deemed severable and the illegality or invalidity of such provision or portion thereof will not affect any of
the remaining portions of this Hosting Agreement. In such event, this Hosting Agreement will be
considered as if the illegal or invalid provision or portion thereof had not been contained herein.
12.5. The failure of either party to require the performance of any term, condition or portion of this Hosting
5- SHSA Standarad_2013, Rev 9/2013
Agreement or the waiver by either party of any breach of this Agreement will not prevent subsequent
enforcement of such term, condition or provision, nor be deemed as a waiver of any subsequent breach.
12.6. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Hosting Agreement will
be binding upon either of the parties only if approved in writing by its authorized representative.
12.7. Neither party will be liable to the other in any manner for any loss or damage of any nature whatsoever
incurred or suffered as a result of any failures or delays in its performance under this Hosting Agreement
due to any cause or circumstance beyond its control, including, but not limited to, any failure or delays in
performance caused by strikes, lockouts, labor disputes, fires, acts of God or the public enemy, riots,
incendiaries, interference by civil or military authorities, compliance with the laws, regulations, orders or
policies of any governmental authority, delays in transit, delivery or performance on the part of vendors,
transportation companies or communication facilities, or failures of sources of raw materials.
12.8. Client will have the right to assign or otherwise transfer its rights or obligations under this Hosting
Agreement only with the prior written consent of AMEC. In the event of any assignment (whether by
consent of AMEC or otherwise), all covenants, stipulations, and promises in this Hosting Agreement will be
binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have caused this Hosting Agreement to be executed as set forth below.
"Client"
By:
Name: (Print)
Title: I��I movkcfAzy.
Date: 1 — %S "I
APPROVED AS TO FORM:
Date:CITY I l� l I 1 //�Tj OFFICE
Aaron -C. Harp\\�
City Attorney \
ATTEST:
Date: ( j
By: '
Leilani I. Brown
City Clerk
"AMEC"
AMEC Environment and Infrastructure, Inc.
By:
Name: (Print)•hey'✓ /��/'t?Est
sov.y
Title: °+ Area Manager
Date:
;2L1 FOFZ�,
-6-
SHSA Standarad 2013, Rev 9/2013
SCHEDULE OF BILLING RATES
AMEC Environment and Infrastructure, Inc. Page B-1
EXHIBIT B - SCHEDULE OF BILLING RATES
Project: Facilites Management ami Master Pian Services RFP 1336
too
Job Classification: Project Principal
1
Consultant: AMEC Environment & Infrastructure, Inc.
$250.00
Brandt
Job Classilcallon: Project Manager
4
Actual
Loaded
Labor
Date
0
$150.00
Hours(1)
Rate -Mr
Amount
Total Due
$13500
$000
Job Cassilkagran: ProjectOArQC Manager
1
Task 1. Ag Tasks fientiged in Scope of Work -RFP
kapactton ofCity Building FaciBfies
Wiegand
too
8
Job Classification: Project Principal
2
5250.00
$500.00
1
Bram
Job Classificstlow Project Manager
48
$185.00
$8,880.00
$150.00
Sauer
Job Classification: Project Controls Manager
1
$150.00
$150.00
$150.00
Madden
Job Classification: Project Safer/ Manager
1
$135.00
$135.00
SecresNMost
Job Classification: Field Assessor Roofing
Job Classification: Project QAIQC Manager
1
$135.00
$135.00
Job Classification: Project Accountant
Wiegand
Job Classification: Field Assessor Mechanical/HVAC
120
$150.00
$18,000.00
2
Kecman
Job Classification: Field Assessor Electrical
40
$15000
$6,00000
$80.00
Kerman
Job Classificatiin: Fhad Assessor Paving
8
$150.00
$1,200.00
$6.935.00
Ramirez
Job Ciassifcakm Field Assessor Fire Life Safety
8
$150.00
$1,200.00
$250.00
Madden
Job Classification: Field Assessor Architectural
200
$150.00
$30,00000
$4,440.00
SecrestlMost
Job Classification: Field Assessor Roofing
24
$15000
$3,600.00
Hannan
Job Classification: Maintenance Program Developer
0
$150.00
$0.00
Job ClassficatiOn: Project QAlOC Sensor Piahgpai
Smyth
Job Classification: Project Accountant
1
$80.00
$80.00
16
$150.00
Job Classification: Project Report Writer
4
$90.00
$360.00
$150.90
Meanness
Job Classification: Project Accountant
1
$80.00
$80.00
$300.00
Ramirez
Job Classification: Field Assessor Fire Life Safety
459
$150.00
$300.00
$70,320.00
Job Classification: Field Assessor AmHtcabhral
Task 2. All Tasks identified in Scope of Work -RFP
Facifity Management Systema
$2,400.00
too
Job Classification: Field Assessor Roofing
Job Classification: Project Principal
1
$250.00
$250.00
Job Classification: Maintenance Program Developer
Brandt
Job Classification: Project Manager
4
$185.00
$740.00
Sauer
Job Classification. Project Controls Manager
0
$150.00
$0.00
$90.00
$180.00
Job Classificatimh: Project Safety Manager
0
$135.00
$0.00
$80,00
Job ClasslficaBen: Project QAJQC Manager
0
$135.00
$0.00
Wiegand
Job Classificatim: Field Assessor MechmscalRiVAC
32
$15000
$4,800.00
Kaman
.Job Ciassificatiom Feld Assessor Electrical
8
$15000
$1,200.00
Seeman
Job C43ssificabor: Field Assessor Paving
0
$150.00
$0.00
Ramirez
Job Classification: Field Assessor Fire Life Safety
0
$15000
$0.00
Madden
Job Classification: Field Assessor Architectural
0
$150.00
$0.00
Seaest'Most
Job Classification: Field Assessor Roofing
0
$150,00
$0.00
Harman
Job Classification; Project Accountant
0
$80.00
$0.00
Smyth
Job Classification: Project Report Writer
2
$90.00
$180.00
Job Classification: Administrative Staff
1
$80.00
$80.00
Maenza
48
$7,250.00
Task 3. AB Tasks identified in Scope of Work- RFP euiiding Facifig" Master Phan
and
Job Classifical'an: Picini Principal
1
$250.00
$250.00
Brandt
Job Classificagao Project Manager
2
$185.00
$370.00
Sauer
Job Classification: Project Controls Manager
0
$15000
$0.00
Job Classification: Project Safety Manager
0
$135.00
$0.00
Job Classification: Project QA/QC Manager
1
$135.00
$135.00
Wiegand
Job Classification: Field Assessor MechnnicWHVAC
16
$150.00
$2.400.00
Keenan
.lob Cassi6wtlon: Field Assessor EaraiW
0
$150.00
$0.00
Kerman
Job Ciassifca6on: Field Assessor Paving
0
$150.00
$0.00
Ramirez
Job Classification: Field Assessor Fire Life Safety
0
$150.00
SODD
Madden
Job Classification: Field Assessor Architectural
30
$160.00
$4,500.00
SecresgMost
Job Classification: Field Assessor Roofing
0
$160.00
$0.00
Hannan
Job Classification: Maintenance Program Developer
0
$150.00
$0.00
Smyth
Job Classification: ProjectAccountant
0
$80.00
$0.00
Job Classification: Report Writer
2
$90.00
$180.00
Minimize
Job Classifica6m: Adminis cidive Staff
2
$80.00
$16000
54
$7.995.00
Task 4. All Tasks identified in Scope of Work- RFP Building Facilities Capital Improvement Plan
too
Job Classification: Project Principal
1
$250.00
$250.00
Brandt
Job Classilcallon: Project Manager
4
$185.00
$740.00
Sauer
Job Classification: Project Controls Manager
0
$150.00
$0.00
Job Classification: Project Safety Manager
0
$13500
$000
Job Cassilkagran: ProjectOArQC Manager
1
$135,00
$135.00
Wiegand
Job Chassification: Field Assessor MectankauHVAC
8
$150.00
$1,200.00
Kerman
Job Classification: Freta Assessor Electrical
1
$150.00
$150,00
Kerman
Job Classification: Field Assessor Paving
1
$150.00
$150.00
Ramirez
Job Classification: Field Assessor Fire Life Safety
1
$150.00
$150.00
Madden
Job Classification: Field Assessor Architectural
24
$150.00
$3,600.00
SecresNMost
Job Classification: Field Assessor Roofing
2
$150.00
$300.00
Harman
Job Classification: Project Accountant
0
$80.00
$aao
Smyth
Job Classification: Report Writer
2
$90.00
$18000
Job Cia sifzntion: Adrrnruskatiue Staff
1
$80.00
$00.00
Maki
46
$6.935.00
Task 5. All Tasks identified in Scope of Work -RFP Coordination with MOD's Facilities Maintenance Program
[bd
Job Classification: Project Principal
1
$250.00
$250.00
Brandt
Job Classification: Project Manager
24
$18500
$4,440.00
Sauer
Job Classification: Project Controls Manager
$150.00
$0.D0
Job Classification: Project Safety Manager
1
$13500
$135.00
Job ClassficatiOn: Project QAlOC Sensor Piahgpai
1
$135.00
$135.0(1
Wiegand
Job Classification: Field Assessor MecranMC9lfirl
16
$150.00
$2,40().00
Seeman
Job Classfiicallom Field Assessor Electrical
4
$150.90
$60000
Kecman
Job Classification: Field Assessor Paving
2
$150.00
$300.00
Ramirez
Job Classification: Field Assessor Fire Life Safety
2
$150.00
$300.00
Madden
Job Classification: Field Assessor AmHtcabhral
16
$150.00
$2,400.00
Secrest(Most
Job Classification: Field Assessor Roofing
2
$150.00
$300.00
Harman
Job Classification: Maintenance Program Developer
120
$150.00
$18,000.00
Smyth
Job Classificsibn: Project Accountant
$80.00
$0.00
Job Classification: Report Writer
2
$90.00
$180.00
Maenza
Job Gasification: Admuastrafive, Staff
1
$80.00
$80,00
192
$29,520.00
Prime Consultant Total Hours 799
Prime Consultant class Direct Cost $11,460.00
PRIME CONSULTANT TOTAL COST $733,480.00
Subccnsultant Total Hours 0 Subconscious TOW Cost $0.00
Subconsuitant Other Direct Cost $000
SU BCONSULTANT TOTAL COST $0.00
TOTAL PROJECT COST: ;139,480.00 135000
UrDluches Labor Overhead, Forge Banefd and Ge+real Administrative Expenses I% of Total Direct Labor cast)
Loaded Hourly Rate Calculation: $ Actual Hourly Rate (t -Combined of Oveftad&Fdnge%) X (1+Fee°&)
$81.30010
t rota! car
Rem 2. Reproduc ton $
Total Task
Other Direct Cost
0
Item 4. Field Equipment
Fee
Item Is: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item 1b: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1c: Rental Car plus Fuel
15
days $80.000
$1,200.00
1 rental Car
15 days
Item 2. Reproduction
$ 100.00 DRAFT
$100.00 FINAL
$200.00
Item 3, Supplies/Field Equipment/R
Equipment 0
$500.00 Asset
$0.00
n 4. Field Equipment
0 Wheels
$100.00 Mteel4ape
$0.00
Mem 5. IT Software
VERTEX Meet Adne1. Fee
$51900.00
$5,943.00
berm 6. IT SoBwam
VERTEX Annual Maintenance Fee
$1,180.00
$1,180.00
Item 7. R Safhvare
AMEC Annual Web Hosting
$2,500.00
$2,500.00
Item 8.
$0.00
$10,980.00
$81.30010
$7,490.00
t rota! car
Rem 2. Reproduc ton $
Total Task
Other Direct Cost
0
Item 4. Field Equipment
Fee
Item la: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item 14: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1C: Rental Car plus Fuel
3 days $80000
$240.00
1 rental car
15 days
Rem 2. Reproduction $ -
DRAFT
$0.00 FINAL.
$0.00
Than, 3. SuppliesiField Equppmem IT Equipmeng
0
$504.00 tdhtet
$0.00
Rem 4. Find Equ ram ent
0 wheels
$100.00 M4,0 4tape
$0-00
Item 5. IT Software VERTEX Admin. Fee
$0.00
$0.00
Item 6.
$0.00
Item 7.
$0.00
Item 8.
$0.00
$240.00
$7,490.00
$7,995.00
t rota! car
Rem 2. Reproduc ton $
Total Task
Other Direct Cost
0
Item 4. Field Equipment
Fee
Item Is: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item 10: Travel Hotel
0 nights
$ 250.00 !night
$0.00
Item 1c: Rental Car plus Fuel
days $80.000
$0.00
1 rental car
15 days
Item 2. Reproduction $ -
DRAFT
$0.00 FINAL
$0.00
Ran 3. SuppiiaslFieid EgrdpmenUIT Equipment
0
$500.00 tablet
$0.00
Rem 4, Field Equipment
0wheels
$100.00 AvInwi-tape
$0.00
Rem S, ITSofNrare VERTEX Admin. Fee
$0.00
$0,00
Item 6.
$0.00
Item 7.
$0.00
Mem 8.
$0.00
$0.00
$7,995.00
Other Direct Cost
Item 1a: Travel Airfare
Item lb: Travel Hotel
Item 1c: Rental Car plus Fuel
RT $ 1,200.00 $0.00
nights $ 250.00 /night $0.00
3 days $80.000 $24000
t rota! car
Rem 2. Reproduc ton $
Total Task
Other Direct Cost
0
Item 4. Field Equipment
Fee
Item la: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item 1b: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1c: Rental Car plus Fuel
0 days $80.000
$0 p0
t romancer
15 days
Rem 2. Reproduction $ -
DRAFT
$0.00 FINAL
$0.00
ftern 3. SUpph"IField EquipmenttlT Equipment
0
$500.00 tablet
$0.00
Item 4. Field Equipment
0 wheels
$100.00 Mhea4tape
$0.00
Item 5. IT Software VERTEX Admin. Fee
$0.00
$0.00
Item 6.
$0.00
Mem 7.
$0.00
Rem 8.
$0.00
$0.00
Other Direct Cost
Item 1a: Travel Airfare
Item lb: Travel Hotel
Item 1c: Rental Car plus Fuel
RT $ 1,200.00 $0.00
nights $ 250.00 /night $0.00
3 days $80.000 $24000
15 days
$0.00 F04AL $0.00
$500.00 tablet $0.00
$100.00 AmmmWape $0.00
$0.00 $0.00
$0.00
$0.00
$Om
$240.00
$6,935.00
Total Task
Fee
$29,760.00
t rota! car
Rem 2. Reproduc ton $
DRAFT
Item 3. Supplies/Field EquipmentflT Equipment
0
Item 4. Field Equipment
0 wheels
Item 5. R Software VERTEX Admin. Fee
Item 6.
Item 7.
Rem 8.
15 days
$0.00 F04AL $0.00
$500.00 tablet $0.00
$100.00 AmmmWape $0.00
$0.00 $0.00
$0.00
$0.00
$Om
$240.00
$6,935.00
Total Task
Fee
$29,760.00
" R CERTIFICATE OF LIABILITY INSURANCE
DATE(MMl201 Y'
V207
O3
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
Aon Risk Services Northeast, Inc.
Morristown N7 Office
CONTACT
NAME.
(A1PRIMEo. 0o (866) 283-7122 { Nar 500-363-0105
44 Whippany Road, Suite 220
Morristown N7 07960 USA
E -MAR.
ADDRESS_
INSURERS) AFFORDING COVERAGE NW N
INSURED
INSURERA Zurich American Ins Co 16$3$
AMEC Environment & Infrastructure, Inc.
f/k/a AMEC E&I, Inc., f/k/a MACTEC
9177 Sky Park Court
INSURER B: American Zurich Ins Co 40142
—-- --
INSURER C: ACE American Insurance Company 22667
San Diego CA 92123-4341 USA
INSURER 0:
INSURER E:
INSURER F:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSIF
LTR
TYPE OP NRSURANCEMR4
U609
PCJCY NUMBER
POLICY JEFF
FOLICY UAP
yylpffIRODUCM
LIMITS
GENERAL LIABILITY
RDOG
RRENCE $1r000r00O
X COMMERCAL GENERAL LIASILPY
CLAIMS -MADE OCCUR
axurm,ue $100,006
d, one person) $10,000
PERSONAL INJURY $1,000,000
GGREGATE $2,000,000
LAGGREGATELIMIT APPLIES
PER:
COMWOP AGO $2,000,000
1 LICYX PRO -X
LOCA
AUTOMOBILE LIABILITY
BAG 4 -
4
INGLE LIMIT $1,0001000
BODILY INJURY ( Per person)
x ANY AUTO
BODILY INJURY (Per ecddenp
T ALLOWNEDNII.WULED
AUTOS AUTOS
X HIRED AUTOS NON.oWNED
AUTOS
PROPERTY DAMAGE
ParaccldanlX
CampDal Slow Coli.ned NSW
UMBRELLA UAB
OCCUR
EACH OCt%AtFENCE
AGGREGATE
EXCESS LIAR
CLNMBl,MDE
OD
RETENTION
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B
WORKERS COMPENSATIONMED
Y
EMPLOYERS'LIABILRYI
ANY PROPRIETOR I PARTNER I EXECUTIVE N
OFFICEWMEMBER EXCLUDE07
Immubtery In NH)
NIA
WC350486612
All other States
WC386713306
MA & WI
557-17761-3
05/01/2013
05/01/2014
05/01/2014
X TWOSTATU- OTN-
TORY LIMITS ER
EL. EACH ACCIDENT $1,000,066
E.L. DISEASE -EA EMPLOYEE $1,000,000
B YBa. deECNb9 ender
DESCRIPTION OF OPERATIONS below
E.L. DISEASE,POLICY LIMIT $1,000,000
A
Arc It&Eng Prof
EDC938357805
05/01/2013
05/01/2014
Each Claim $1,000,000
I
Professional Liability
Aggregate $1„000,000
SIR applies per policy ter
s & condi
ions
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Mach ACORD 101, Addith nal Remarks Schedule, If mom specs is required)
RE: Project Start Date: Oct -23-2013, Project Description: Facility condition assessments for the City of Newport Beach,
Estimated Contract Price: $133480. Where required by written contract, City of Newport Beach, its officers, officials,
employees and aggents are included as Additional Insured as respectto General Liability and Automobile Liability policies. This
insurance will tie Primary and Non-contributory to the General Liability policy with respect to any other available insurance to
the Additional Insureds where required by written contract. A Waiver of Subrogation is granted in favor of City Of Newport
Beach, its elected or appointed officers, agents, officials, employees and volunteers on the General Liability, Automobile
Liability and workers' Compensation policies where required by written contract. Should General Liability, Automobile
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE
POLICY PROVISIONS.
City of Newport Beach AUTHOREED REPRESENTATIVE
Attn: Public works Department /;�(}/r.��raP ,�((/%'' {
New Civic Center Drive s..)rL ✓GKlfeyawawe4dlgl' AlZe cJ�i:L
Newport Beach center
Drive USA
(01988.2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 10650550
LOC #:
ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk services Northeast, Inc.
NAMED INSURED
AMEC Environment & Infrastructure, Inc.
POLICY NUMBER
See Certificate Number: 570051896308
CARRIER
see certificate Number: 570051896308
NAIL CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
ItiSR
LTR
'TYPE OF INSURANCE
ADDL
BVSR
SnHR
**To
POLICY NDMBER
POLICY
DATE
DATE
(MMIDD1YYYy)
POLICY
EXPIRATION
DATE
{MM14![kDJYYYY)
LIleSiTS
WORKERS COMPENSATION
A
N/A
wC672425403
Idaho
05/01/2013
05/01/2014
®
ACORD 101 (2000101) 2006 ACORD CORPORATION. All rights reserved.
The ACORD name and logo ere registered marks of ACORD
AGENCY CUSTOMER ID: 10650550
ASO LOC #:
�-- ADDITIONAL REMARKS SCHEDULE Page _ of _
AGENCY
Aon Risk services Northeast, Inc.
NAMED INSURED
AMEC Environment & Infrastructure, Inc.
POLICY NUMBER
see certificate Number: 570051896308
CARRIER
See Certificate Number: 570051896308
NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Addltlonal DescdpMn of OpereOoas I Looetions l Vehic -
Liability, workers' Compensation and Professional Liability policies be cancelled before the expiration date
thereof, the policyprovisions will govern how notice of cancellation may be delivered to certificate holders
in accordance with the policy provisions.
ACORD 101 120081011 ® 2008 ACORD CORPORATION. All dahts reserved
The ACORD name and logo are regislemd marks or ACORD
�gW Pp,4r
CITY OF
NNEWPO RITF BE�'�C'H
City Council Staff Report
Agenda-ltem No. 8
October 22, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL.
FROM: Public Works Department
David A. Webb; Public'Works Director
949-644-3330, dawebb()newportbeachca,gov
PREPARED BY: Patrick Thomas, Deputy Public Works Director/City Engineer,
949-644-3319, pthomas(a)newportbeachca.gov
APPROVED: �--n 0.
TITLE: Professional Services Agreement (PSA) with AMEC for preparation
of Facilities Management and Master Plan Services
ABSTRACT:
The Public Works Departmentsolicited proposals from qualified firms to conduct a
review of all City owned buildings and prepare a master plan for ongoing capital
maintenance and replacement of major 'building components in the most efficient
manner possible. Nine firms submitted proposals and AMEC was selected as the most
qualified firm. The master plan. will be used for planning future facilities maintenance
and replacement projects and as a tool for capital budgeting purposes.
RECOMMENDATION:
Approve a Professional Services Agreement (PSA) with AMEC for Facilities
Management and Master Plan Services not to exceed $133,480.00 and authorize the
Mayor and City Clerk to execute the Agreement. Also, authorize the City Manager to
execute any agreements necessary to implement the Professional Services Agreement.
FUNDING REQUIREMENTS:.
Sufficient funds are available in the Fiscal Year 2013-14 Capital Improvement Program
(CIP) budget in Account No. 7415-C1002038 with funding being provided by the Major
Facilities Master Plan fund.
DISCUSSION:
The City owns and maintains 74 buildings at numerous locations and 58 public restroom
buildings. Currently, City facilities .are maintained by the Municipal Operations
Department (MOD) as well as various building maintenance contractors. Facilities
maintenance typically includes: painting, flooring, roofing, carpentry, mechanical,
electrical, plumbing and HVAC (Heating, Ventilating and Air -Conditioning) systems. In
order to provide for the most efficient maintenance and replacement of all City facilities,
staff solicited proposals from qualified 'firms to prepare a Facilities Management and
1 of 48
Professional Services Agreement (PSA) with AMEC for preparation of Facilities
Management and Master Plan Services
October 22, 2013
Page 2
Master Plan. The plan will include an inventory and assessment of all City owned
facilities; evaluation of maintenance and rehabilitation/replacement needs, review of
existing maintenance programs, establishment of major maintenance and replacement
schedules and software for planning and capital budgeting purposes. The primary work
product will be .a master plan which sets a long term vision for how the City can
maximize the useful life of existing facilities, incorporate newly constructed facilities into
the capital maintenance program and provide for the needs of residents; businesses
and staff who utilize City owned facilities.
The Professional Services Agreement with AMEC also provides for the licensing of
software known as Vertex, as well as annual maintenance and hosting services for the
facilities management web -based software. solution.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this funding approval action is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 1.5060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the. CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Public Works Director
Attachment: A. Public Services Agreement with AMEC
2 of 48
Attachment A
PROFESSIONAL SERVICES AGREEMENT
WITH AMEC ENVIRONMENT AND INFRASTRUCTURE, INC. FOR
FACILITIES MAINTENANCE MASTER PLAN DEVELOPMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 23rd day of October, 2013 ("Effective Date'), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and AMEC ENVIRONMENT AND INFRASTRUCTURE, INC., a Nevada
corporation ("Consultant'), whose address is 9177 Sky Park Court, San Diego, CA
92123, and is made with reference to the following:
Laxyr1F-11�
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 desires to engage Consultant to provide Facilities Maintenance Master Plan
Development Services ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 Effective Date, and shall
terminate on June 30, 2014, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
K� IILT]Imlue1= :1N71ALT] LI 41
3.1 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. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
AMEC Environment and Infrastructure, Inc. Page 1
ME11.3
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 parry hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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 One Hundred
Thirty Three Thousand Four Hundred Eighty Dollars and 00/100 ($133,480.00),
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.
4.2 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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.
AMEC Environment and Infrastructure, Inc. Page 2
100.1
5. PROJECT MANAGER
5.1 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 Robert Sauer 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Deputy Public Works Director or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
AMEC Environment and Infrastructure, Inc. Page 3
6Y.S[f:3
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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
9.1 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 expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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
AMEC Environment and infrastructure, Inc. Page 4
M. -E:3
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 of the Work 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.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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.
fi[�P6��1:7_1►[�L
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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
fiF�,:i�7:11-3�IULI_[H_1IMiff_FMM104 h71=1►k&y_1►Ilk 11:LV6M;IZ61
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 co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
AMEC Environment and Infrastructure, Inc. Page 5
IL.S[f:3
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor 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
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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.
ir�G1T,RKl1;l*H 11 Zs]03I4Zd1Jk 4IIK
17.1 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.
17.2 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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
AMEC Environment and Infrastructure, Inc. Page 6
rME11:3
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3')
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
`L! 8161N;111 [GI&KOIN RIIIIN*41
24.1 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.
24.2 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.
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25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Pat Thomas, Deputy Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Robert Sauer
AMEC Environment and Infrastructure, Inc.
9177 Sky Park Court
San Diego, CA 92123
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 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
AMEC Environment and Infrastructure, Inc. Page 8
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
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28.8 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.
28.9 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, State of California.
28.10 dual 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: I, Date:
By: O VUV_ By:
Aaron C. Harp Keith D. Curry
City Attorney `dt� Mayor
ATTEST: CONSULTANT: AMEC Environment and
Date: Infrastructure, Inc., a Nevada corporation
Date:
By: By:
Leilani I. Brown Pete Campbell, PE
City Clerk Vice President
By:
John Brandt
Principal Program Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B —Schedule of Billing Rates
Exhibit C — Insurance Requirements
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fRL E11.1
EXHIBIT A
SCOPE OF SERVICES
The Consultant ("AMEC") shall conduct an inspection of all City owned buildings and/or
facilities, as listed in Attachment 1 and develop a maintenance program to effectively
maintain all aspects of City facilities, including scheduled routine inspection, servicing,
repair and replacement of building and equipment components on an as needed basis
to facilitate municipal operations in the most efficient manner possible. Consultant shall
develop a schedule for the replacement of major building components on all City
facilities including: paint, flooring, roofing and HVAC systems. The replacement
schedule shall include projected lifetime, estimated costs and annual funding required to
implement the replacement program.
Phase I — Facility Assessment Phase
The initial interaction between the City of Newport Beach and AMEC shall begin with a
Project Kick -Off Meeting. AMEC will begin work prior to the Kick -Off Meeting to prepare
a detailed Work Plan ("WP"), Health and Safety Plans, and project schedule.
1.1: Building Assessment Coordination
AMEC will create and maintain a master schedule of all project activities and
milestones. Microsoft Project will be used to facilitate this task. Each week, AMEC's
Project Manager will confirm the assessment schedule for the upcoming week with the
City's facility points of contact for each building.
1.2: Health and Safety Plan
The health, safety and environment ("HSE") program for this project will be supervised
by the AMEC Safety Officer. Before any field work is accomplished a Job Hazard
Analysis ("JHA") will be performed on all field activities. All necessary safety precautions
will be followed including the use of appropriate personal protective equipment ("PPE").
Additionally, AMEC will ensure that a daily safety brief will be given to AMEC's
assessment teams ("Facility Assessors") before going into the field. Any potential safety
hazard identified by AMEC at City facilities will be immediately reported to the City for
corrective action.
AMEC will conduct a Screening Level Assessment to determine whether a formal risk
assessment is required prior to preparing a Health and Safety Plan, or whether the work
only requires a Job Hazard Analysis "JHA") be prepared. AMEC will analyze the job for
hazards, as follows:
• Identify Key Job Steps: Break the job down into individual key steps where work
activities are presented in sequential order.
• Identify Job Hazards: Create a list of known or potential hazards within each step
of the job. Consider hazards associated with the various tools, equipment or
other hardware involved in the job. Consider environmental hazards such as
thermal stress, biohazards, etc.
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• Identify Safe Practices and Equipment: List one or more prevention or control
measures to address each hazard identified, emphasizing engineering and
administrative controls over PPE. Once this has been completed, the JHA team
will determine whether the job can be performed in a manner that eliminates the
identified hazards.
AMEC will prepare a JHA and update as necessary. The JHA will be based on AMEC's
current corporate Health and Safety Plans in force as of the Effective Date of the
Agreement. The primary effort for updating the JHA is in the comparison of the existing
plan with site specific requirements, current regulations and the contract scope. AMEC's
Safety Officer will be the primary author and the document will be reviewed by an
AMEC Senior Safety Professional. The JHA will be distributed to all team members for
review and concurrence prior to their starting work on the project. The Project Manager
will keep a record of team member acknowledgments of the JHA. The Project Manager
will also coordinate with the City of Newport Beach regarding any site specific safety
requirements.
Field Assessors will conduct and attend safety briefings daily throughout the duration
of the project. A log of brief attendees will be maintained. This briefing will cover
requirements and measures that AMEC team members are to follow, answer any safety
questions and cover lessons learned from the previous day's activities.
At a minimum, team members will:
• Use appropriate PPE
• Not enter confined spaces
• Access only low -sloped roofs
• Use proper climbing and ladder safety techniques during low -sloped roof access
• Notify appropriate personnel of their presence
Emergency notification numbers for medical emergencies as well as emergency facility
locations will be included in the JHA and distributed by the Project Manager to each
team member after consultation with the City of Newport Beach. Included in this
information will be the location of the nearest hospital emergency facility.
1.3: Development of the Project Work Plan
The Project Manager will develop a Project WP specific to the project based on
standard methodologies for conducting a Facility Condition Assessment ("FCA") with
Engineered Management System ("EMS"). Individual task elements reflective of this
effort will be included in the Project WP.
A key component of the Project WP will be the logistical arrangements for scheduling
the Facility Assessors to the facilities in a controlled manner. The Project Manager and
AMEC's Data Quality Control (QC)/Senior Principal will be the primary authors for the
WP.
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AMEC will use the list of buildings provided by the City, along with any specific
scheduling input, to develop a FCA . Progress will be monitored daily and the schedule
will be updated as appropriate. Access requirements to specific buildings and the date
and time for the assessment will be confirmed with the City the week prior to the
assessment. Additionally, the schedule will include other key events such as report
deliverable dates.
Regular and clear communications between AMEC and the City of Newport Beach will
be essential to the success of the Project WP. AMEC and City will conduct a
conference call at least weekly to review progress. If issues or problems arise, AMEC
will address and resolve those immediately. AMEC will provide project progress reports
to accompany the monthly invoices if requested to do so by the City.
Based on our understanding of the City's intentions, AMEC anticipates the field
assessment effort consisting of approximately 74 buildings and 58 public restrooms,
which shall encompass three weeks. During the first week following the kick-off
meeting, we will complete the building by building assessment schedule and begin
coordinating access requirements. If possible, we will group buildings to be assessed by
their geographic location in order to minimize travel time between buildings. Using a
single team of Facility Assessors, we expect to assess an average of 5 to 10 buildings
per day. This assessment schedule will provide sufficient time for our reporting and
quality control work to keep pace with the assessments.
1.4: Project Kick -Off Meeting
AMEC will schedule and conduct a Project Kick -Off meeting with key staff from the
AMEC Team and the City of Newport Beach assigned to this project. The AMEC Project
Manager will introduce key field team members and review roles and responsibilities for
the assessments.
The Kick -Off meeting will confirm that both the AMEC and the City of Newport Beach
teams understand the scope and schedule to perform the work, project constraints,
project risks, and that the City of Newport Beach's expectations of the results of the
work are aligned with the AMEC Team's understanding of its performance
requirements.
During the Kick -Off meeting, the following will be accomplished:
• Introduce members of the AMEC Team to key City of Newport Beach staff.
• Identify the primary Point of Contact for both the Team and the City of Newport
Beach.
• Establish the desired chain of communication.
• Determine site access restrictions and security requirements.
• Initiate the collection of general building information, including floor plans and
maintenance plans and history.
• Identify known schedule constraints.
• Discuss safety issues.
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• Discuss payments within the assessment schedule.
1.5: Composition of Field Team
The Project Manager will lead and manage all aspects of the facility assessment work
performed by AMEC for the City of Newport Beach.
The Facility Assessors will be comprised of the following:
• Two (2) Architectural Exterior & Interior Assessors
• Two (2) HVAC, Mechanical and Electrical Assessors
• One (1) Fire/Life Safety Assessor
• One (1) Pavements Assessor, and
• One (1) Roofing Assessor
The Facility Assessors team will include a a California Division of Occupational Safety
and Health Certified Asbestos Consultant ("CAC") and a California Department of Public
Health certified Lead related Inspector/Assessor and Project Monitor who specializes in
identifying, sampling and monitoring the removal of asbestos and lead products that
may be encountered during the assessment.
1.6: Review of Overall Objectives
Following the Kick -Off Meeting, the AMEC Team will meet with a core team of the City
of Newport Beach representatives to create a list of objectives for the project and
expectations for the final deliverables.
1.7: Schedule Development
AMEC will complete the project in six (6) months from issuance of a Notice to Proceed.
AMEC and the City of Newport Beach will regularly confer on extending the time for
completion based on a need for flexibility in work scheduling to best support the
successful execution of the project.
1.8: Pre -survey Discovery and Investigations
Prior to deploying to the field, AMEC will prepare a database of required information will
for each building to be assessed. This information is reported in a matrix format that
makes it very easy to identify which buildings are missing specific items of information.
This matrix will be reviewed frequently by both the Project Manger and the Facility
Assessors to ensure that all necessary information is available before going into the
field. Where pre -survey information is not available from the City, AMEC will modify our
field work to collect the missing information within the scope of the contract. This matrix
format will use hyperlinks associated with specific building data to facilitate the ease of
accessing the information.
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The following list describes the specific information that AMEC will obtain from the City
for each building to be assessed.
1. Building address
2. Building latitude and longitude known
3. Year built
4. Replacement value
5. Any known hazards located in the building or on the property such as hazardous
material storage or confined spaces
6. Current Facility Condition Index ("Cl") rating (if known from previously
assessments)
7. List of planned facility projects including scope and anticipated schedule
8. An inventory of systems and components to be assessed
1.9: Select an Engineered Management System
For purposes of this Project, AMEC shall utilize the VERTEX EMS system for data
collection and data management. City shall enter into a License Agreement,
Maintenance Agreement and Hosting Agreement in substantially the same form as
included in Attachment 2.
1.10: Facility Assessments
AMEC will complete the project with a detailed, highly structured approach towards
controlling workflow. The following activities make up the project Work Breakdown
Structure (WBS).
Prior to mobilizing to the field, AMEC will conduct a pre -survey calibration meeting with
the Facility Assessors team to review the means, methods, approach and
documentation standards for collecting building inventory and condition assessment
data at the City of Newport Beach sites. The meeting will focus on discussion of any
requirements specific to this project, and on calibrating each of the assessment team
members to the project specific data collection methods, data nomenclature standards
and data consistency. We will also configure the selected remote EMS with background
data specific to the City of Newport Beach project. AMEC acknowledges the facility
systems identified in the questions and answers provided in the addendum, and will
gather data according to the City's requirements.
During the FCA, AMEC will inventory and quantify readily accessible sub -elements that
comprise the as -built construction of each building identified in Attachment 1 to this
Scope of Work. AMEC will visually assess the condition of the assets inventoried and
document observed deficiencies and defects. Digital photographs will be taken of
significant deficiencies, and shall be included in our final report.
Data collected during the survey will be stored in the remote EMS. Data will be
synchronized with the selected EMS at the end of each day via the Internet. The
selected EMS will automatically calculate a numerical Cl and estimated economic
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Remaining Service Life ("RSL"). Where visual inspections are not possible, such as with
underground construction, we will determine the CI and RSL of the sub -component
based on its age and its planned degradation along its lifecycle, and modify it as
required based on information obtained through interviews with the City of Newport
Beach staff and review of existing records.
AMEC will review the construction and maintenance documents that are available on
site or provided to us in advance of our site visits, and discussions with individuals
knowledgeable in the construction and maintenance history of the buildings. AMEC will
use the project data to produce an overall picture of the current condition of the portfolio
and to develop a plan to maintain the facilities at an established level of condition. A
multi-year Maintenance, Repair and Replacement ("MR&R") budget estimate will also
be provided as part of the report. The report will identify recommended actions for each
building sub -element included in the survey along with estimated costs to carry out the
action. Work will be prioritized using Analytical Hierarchy Processing prioritization
methods.
Data describing the inventory of each segmented building element will be recorded in
the selected EMS on tablet personal computers ("PCs'). Attributes for each building
component are pre -defined and stored in the selected mobile EMS asset catalog. The
Facility Assessors will select appropriate asset attributes from a drop-down list defined
specifically for each building system. This capability allows the selected EMS to
automatically link a current replacement value ("CRV") and design life ("DL") with each
asset included in the inventory, eliminating the variation of data from subjective opinions
of Facility Assessors.
AMEC will ensure consistent high quality facility assessment information begins at the
project planning stage. AMEC will achieves these results through the application of
standard data collection templates that are verified to ensure all required information is
collected while the Facility Assessor are in the field. Data collection forms will be
standardized to ensure all required information is collected. The Facility Assessors will
receive project specific data collection training to ensure there is a complete
understanding of the project requirements. Facility Assessors are required to complete
their data collection forms and field notes by the end of each day. This practice ensures
that all relevant information is recorded, and not left until a later time to document, which
minimizes the potential for omissions.
While performing the building assessments, the Facility Assessors will interview the
facility staff at each location to capture and document the site and building specific
information that is known best by the people who work there on a regular basis. The
information obtained in these interviews will be correlated with our actual field
observations, and will serve to focus our attention on areas of specific concern to the
City. Data entry is validated during AMEC's internal QC process.
The inventory of building sub -elements will be categorized using the "Standard
Classification for Building Elements and Related Sitework-UNI FORMAT II".
UNIFORMAT II has been adopted by the American Society for Testing and Materials
("ASTM") and has been codified as standard ASTM E 1557-09. This standard
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establishes a classification and coding scheme that incorporates four hierarchical levels
of detail.
At the same time the inventory is being documented, observations will be made to
locate obvious problems and visible defects in the materials and building systems in an
effort to assess the physical and operational condition of inventoried assets. There are
three primary methods of assessing the condition of inventoried assets using EMS
principles: 1) age -based modeling, 2) general assessment, and 3) detailed assessment.
The methods selected for use depend on the clients overall program requirements for
the use of the data. The level of effort and costs associated with each method of
assessment increases from the first method (age -based modeling) to the third method
(detailed assessment).
AMEC shall approach to the project with a combination of age -based and general
assessments based on the following:
Age -Based Assessments: For sub -elements which are not readily accessible, hidden
from view, or for which major operating components are internal to the sub -element, we
will assess condition using Age -Based assessment techniques. Unless otherwise
modified, the Cl is predicted based on the age of the asset and assumes the
performance life of the asset is equal to its design life.
General Assessments: For sub -elements that are assessed on a general level, we will
record an estimated RSL, which will in turn be used to calculate a Cl. During the field
observations, the condition of the asset is established by estimating the RSL of the
asset in years. Based on the assessor's opinion of RSL, a numerical Cl can be
generated using the age of the asset and the selected EMS' deterioration curves.
Because of this, the generation of detailed repair costs associated with specific defects
cannot be generated. MR&R costs for assets whose Cl is generated from a Modeled
Assessment or a General Assessment are based on Repair curves (mathematical
equations) that calculate an estimated percentage of the annual cost of ownership of
the asset that is inversely proportional to the projected deterioration rate for the asset.
The Cls are empirical models. The importance of the Cl lies not in the numerical result,
but in its ability to reasonably project the current rate of asset deterioration and the
remaining useful economic service life, RSL of the asset.
AMEC take photograph of buildings, structures or systems and photos will be provided
as a report appendix. AMEC will only take photographs where specifically allowed by
the City representatives.
1.11: Quality Control
At the end of each day, Facility Assessors will synchronize the databases. Data
collected in the field, not previously uploaded, is sent to the selected EMS and stored in
temporary tables pending data review for QC. Any files that have been modified in the
selected EMS since the last synchronization with the selected mobile EMS are
downloaded to the field tablets.
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AMEC will establish appropriate QC measures to ensure the accuracy of data being
entered into and produced by the selected EMS. The selected EMS will include over 30
automated QC queries in its `To Do List", and also includes data review tools.
The selected mobile EMS will organize the data uploaded from the mobile EMS
program to support multirecord QC, using filters and data sorting to facilitate more
efficient human review of the data. The selected mobile QC program will track records
reviewed and records posted to the selected EMS database. The selected mobile EMS
QC program will document an audit trail of data errors identified and fixed during the
review.
In addition, the selected EMS includes automated queries in its "To Do List". These
queries are specific to the defect types on which one is focusing. For example, specific
QC reviews can be run to identify all records with a null CRV, or defect densities that
exceed the total size of the asset, as examples. The "To Do List" queries can analyze
thousands of records per minute, thus dramatically reducing the human effort required
for data review, with guaranteed accuracy.
Should inventory be recorded that does not associate to a CRV in the selected EMS
catalog, the asset attributes will be reviewed for accuracy. If accurate, our QC Senior
Principal will determine a current price from RS Means or industry data sources and
update the cost catalog.
After the FCA activities are complete in the field, AMEC intends to proceed with Task 2
which involves deploying our assigned Mechanical Engineer to perform a detailed
evaluation of existing facility management systems and making recommendations to
develop new operating systems requirements.
2.1: Facility Management Systems; Evaluation of Existing Operating Systems
AMEC will coordinate with the City's Municipal Operations Department ("MOD") to
review and evaluate the existing facility operating systems software and hardware. This
review will include an evaluation of the original design intent to include construction
documents, specifications, the sequence of operations, and any contractor or
manufacturer submittals. AMEC will interview the MOD staff concerning the existing
system capabilities, deficiencies, support requirements, and goals. The evaluation will
focus on the operating system, architecture/hardware, interoperability or interface
capability, sequences of operation, as well as expandability and limitations.
AMEC will provide recommendations on the City's existing operating systems and
provide recommendations as to alternative systems, upgrades and/or improvements to
operating hardware and software programs that would integrate remote control and
monitoring. AMEC will consider the operating platform, system integration, system
expandability, trending, and interface with other control systems. AMEC will also
develop new operating requirements in conjunction with new facility replacement
projects. AMEC has in-house facility operating systems engineers and may also work
with hardware/software vendors to accomplish this activity.
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3.1: Facility Maintenance Software
AMEC has developed its Facility Asset Management programs or Vertex® based on
sophisticated, IT -enabled, decision support tools that allow management to perform
"what if' analyses to create financially optimized and defendable forecasts. Through use
of the latest internet technology, the data can be updated and the forecasted results can
be shared with anyone, anywhere, anytime.
3.2: Building Facilities Master Plan
The Building Facilities Master Plan will be based on the life cycle cost analysis and the
schedule of annual repairs and replacements. Within the scope of this task we will
perform a thorough life -cycle cost analysis. We will also develop the schedule of annual
repairs and replacements which will include, for each asset, the projected lifetime,
estimated cost to repair/replace and annual funding requirements. AMEC will conduct a
thorough life cycle cost analysis and recommend alterations and improvements to
properly maintain or increase the life of each City -owned building. The EMS process
AMEC will use in the FCA task collects system inventory information that establishes a
baseline condition for each system. EMS utilize life cycle curves which model how a
system changes over time and uses factors such as age and observed defects to adjust
the system's apparent age based on condition versus it's actual calendar age.
4.1: Building Facilities Capital Improvement Plan
After we have completed the life -cycle cost analysis of each facility and generated the
schedule of annual repairs and Building Facilities Master pan, we will develop a Capital
Improvement Plan for the City of Newport Beach. The Capital Improvement Plan is
based on the recommended repairs from the Building Facilities Master Plan, but is
adjusted according to the City's anticipated budget, contracting capabilities, and
potential impact on the City's employees and customers.
The projects in the Capital Improvement Plan will include preliminary scopes of work
and cost estimates prepared using RS Means data, which will be regionally adjusted for
the Newport Beach area. Most all team members on the project team are experienced
in preparing project estimates using RS Mean's data. Additionally„ one of the assigned
Facility Assessors shall be a Certified Cost Engineer, and will provide quality reviews of
all cost estimates.
AMEC will review and critically analyze, among other items, the data gathered in the
field, the existing annual inspections information and the Building Facility Master Plan.
Based on the annual inspections and Building Facility Master Plan information, AMEC,
in collaboration with the City, will propose and draft a building facilities capital repair,
rehabilitation and replacement program of projects to the City. AMEC will develop
budgets and funding recommendations for consideration by the Public Works Director
and City Engineer.
5.1: Coordination with MOD Facilities Maintenance Program and Development of
Policies and Procedures
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AMEC will meet with City personnel and maintenance vendors as necessary to analyze
existing policies and procedures. After having fully analyzed and evaluated the existing
policies and procedures, AMEC will, in collaboration with the City's MOD staff, develop
new policies and procedures the better meet the needs of the City. These procedures
will include determining relative risk of failure of each type of procedure versus the
component maintained, and recommending maintenance schedules and system
monitoring to increase overall system reliability while reducing cost.
AMSC, in concert with the City's MOD and selected vendors, will develop a formal set of
organized and logical policies and procedures manual for the proper maintenance and
operation of City -owned facilities. AMEC will provide training to maintenance and
operations vendors as well as the City of Newport Beach to implement the new policies
and procedures effectively.
5.2: Assistance in Establishing Regular Building Maintenance Contracts
AMEC will meet with the MOD Staff, analyze and evaluate the existing maintenance
services procurement process, and assist the MOD Staff in establishing regular building
maintenance contracts.
Phase II —Reporting Phase
6.1: Data Analyses
The data collected by AMEC will be uploaded to the Vertex EMS on a daily basis
throughout Phase I of this project. Once uploaded, the EMS will automatically calculate
a numerical Cl for each sub -element included in the inventory. After Cis are calculated,
AMEC will analyze the data and prepare budget estimates for recommended
alternatives of MR&R of assets. The financial analyses will be generated from queries
established in a "decision matrix" which model various asset management strategies.
Strategies will be formulated to bring each facility up to the applicable standards. After
reviewing the work and data from the initial phase, AMEC will proceed with an analysis
of each facility assessed. As with the assessments, there will be two pieces of the
analysis, though they will be more closely linked than in the assessment.
The Draft and Final Report Deliverables will include all pertinent information from the
first five tasks outlined in this Scope of Work. The City will receive one draft report and
one final report. The draft report will be a full, complete and comprehensive report. The
final report will only incorporate additional comments from the City.
6.2: Orientation and Training provided to the City of Newport Beach
AMEC will provide orientation and hands-on training to the City of Newport Beach staff
on the features and attributes of the Vertex EMS populated with the City of Newport
Beach's' data. Hands-on training will focus on how to run queries and reports, update
and delete information. Training will be held at a City of Newport Beach facility, and the
AMEC Environment and Infrastructure; Inc. Page A-10
City of Newport Beach will be responsible for providing sufficient computer access and
training facilities.
We anticipate training will be targeted to individuals primarily involved in data entry and
"super users" involved in data analysis, interpretation and reporting. Training shall be
conducted with classes of no more than ten (10) individuals at one time. Our fee
estimate assumes the training will be conducted for one (1) day at a site determined by
the City of Newport Beach. Printed User Guides and Training materials will be provided
as part of the database delivery and training. Training agendas and outlines that
describe what will be covered during the training session will be provided to attendees
in advance as part of the training.
AMEC Environment and Infrastructure, Inc.
Page A-11
POME1i:3
ATTACHMENT 1
INVENTORY
OMER]
Lee
Location Name
Street Addresas
of
Sterne;
I Square
Feet
(Building)
Lot Size Acreage
Public Restroorns Only.
z
ls,V�6
135.87 ...
I
Newport Pier
70 McFadden Place
1
884 i
1.95
2
15th Street
1501 W. Ocean Front
1
�24
5.59
3
Balboa Pier
801 E. Oman Front
1
240
30.71
4
Washington Street
208 E. Bay Ave.
5
19th Sheet
226 19th Street
1
432
6
38th Steel
3706 Ballabot Blvd
1
288
1.04
7
Channel Place Park
4402 Channel Place
1
484 1
1.32
8
SSm Street
5800 Seashore Dr.
1
240 --L--
3.2�
9
(),once Street
6804 Seashore Dr.
1
432
1.58
30
Balboa Island Ferry
501 S. Bay Front
1
NLA
11
Irvine Terrace Park
721 Evita Dr.
I
Sas
8.26
12
�Corora Del Mar State Mach
2909 8,3029 Breakers Dr.
1
720
8.92
13
Such Gully
214 Glen Dr.
1
1,500
N/A
14
CYC Tennis Co.r1b,
960 Goldenrod Ave.
1
372 1
16.79
15
Coastal peak Palk
20403 E. Coastal Peak
I
11'3
9.90
16
San Miquel Park
2200 San Miguel Drive
I
SS2
732
17
Pon Carney
1910 Pon Carney Place
1
900 1
6.41
is
Pon Westbourne
.1891 Part Westbourne Place
1
900
N/A
19
Anrov. Park
1411 Bison Ave.
I
7.S9
20
Eastbluff Park
2401 Vista D81 Ona
1
506
13.20
21
Bob Henry Park
900 Dover Dr.
1
573
4.80
22
Mariners Park
2005 Dover Dr.
1
1,055
6.32
23
Bawling Green Resecarms
1550 Crown Drive North
1
78
NIA
24
Boy Smut House Restoome,
N/A
1
180
N/A
2S
Bonin Creek Park Restrooms
3010 La Vida
1
240
NIA
26
Balboa Island Fire S on� eL
124 Marine Ave.
I
thd
M/A
Utilities Yard
,S6,8824
27
Building 1
949 W. 1%
2
4,487
28
Building 2
949 W. 16th
1
4,328
29
Building 2A
949 W. 16th
1
6,554
31
Buildino 3
949 W. 16th
1
4,339
Buildlao 3 (Storage Garage)
949 W. 16th
1
688
32
Building 4
949 W 16th
1
4,478
33
Building 5
949 W. 16th
1
3,700
949 W. 16th
1
10,144
35
Building 7
949 W. 16th
1
8,000
36
Building B
949 W. 16th
1
10,164
Corpora l
. . . .. i.- 77 WIlf,303
37
Bldg A - AdininkhriaLlOn
592 Superior
2
6,400
38
Bldg B - Carpenter R Ship Shop
S92 Super io,
1
6,601
39
Bldg C - vehicle & Equip Storace
592 Superior
1
6,400
40
Bldg D - Vehicle & Equip Rapers
592 Superior
1
16,000
41
& Paint Booth
592 Superior
1
9,760
42
_T��e
Bldg G - Equipment Storage
592 Superior
1
10,268
43
Bldg H - Fire Dept. Warehouse
592 Superior
1
10_044
44
Bldg I - Fertilizer/Pesbade Storage
592 Superior
1
4,540
45
Bldg K - Parks DeDt./Wanehouse
592 Superior
1
2800
46
Rich 0 - Covered Storage Shed
592 Superior
1
S:475
47
Other Misc. Building
592 Superior
1
3,015
Rack Bay Science Center�
48
Science Center
600 Shellinalker Rd., Bldg A,
1
6,626
NLA
Oasis Senior Center',,
n, % LI -i.. X�3 6;4574S�i
2 �,k P�
49
Oasis Sr. Citizens Center & Passive Park
"n' ss
1
36.457
4.92
Fire Stations
so
Fire. Station #1
110 E. Balboa Blvd.
2
3,423
0.57
51
File Station #2
475 32nd Street
2
9,953
4.26
52
Fire Station #3
868 Santa Barbara Dr.
2
13,605
3.99
53
- - - - - - FIrg_Staflon #4__
124 Marine &y�,
2
4,597
D.10
Fi Station #5
410 Marigold Ave., CDM
1
2,095
0.16
SS
T2 Station #6
B48 Irvine Ave.
1
2,926
6.32
56
Fire Station #7
20401 Acacia St.
1
11,027
2.11
57
1 File Station #8
6502 Ridge Park Rd.
1
11,027
1.09
"Le=ea quarters (Newport Pier)
70 Ne,vrort Pier
2
2,500
1.95
59
-'Headauzirters (CDM)
3001 Ocean Blvd.
1,832
8.9z
Recreation
nht7oET'N`1�11
r A.-,"
4 64L923�-- �w
117!20�
60
1 Balboa Community Center
1714 W. Baffica Blvd,
1
2,742
9.75
Bonin Can on Sports Park (Restroam)
14�24
62
1 Inota Clock Park Community Center
3010 La Vida
1
2,876
14.24
63
Carroll Beek Community Center
I IS Anne Ave.
1
ISS5
0.28
61
Cliff Or Community Center
301 Riverside Ave.
j 1
750
1.25
65
Manners Park Youth Center
1300 Irvine Ave.
I 1
1,820
6.32
66
Grant Howald Community Youth Center
3000 Sin Ave., Cdm
i 1
5,146
7.86
67
Newport Coast Community Center
6401 San 2caquin Hills Road
1
16,865
3.06
68
West Newport Conuraunity Center
883 W. 15m Street
27-
11,980
0.82
69
Theater Arts Center
2501 Cliff Dr.
2
8,042
1.62
70
Lincoln Athletic Ce.Wr
3101 Pacific View Dr.
1
7.321
19.25
71
COM HS Pool Room
2100 Eastbluff Dr.
1
2950
38.51
SrL'�' Lg
X
72
Ballbw Branch
100 E. Blvd.
I-
S,566 1
0.57
73
Mariners Branch
-Balboa
1300 Who Avenue
I
1� "
632
74
Main Branch
1000 Avocado Ave,
2
W1265
4.00
7S
CDM Branch
420 Majored Ave.
1
4,055 1
0.32
Balboa Yacht Basin
w-'! �-41
76
Balboa Yacht Basin
829 Harbor Island Dr.
2
2,250
1.66
77
Basin Marine, Inc-.
-
829 Harbor Island Drive
1
2,200
Two-story
78
Vallous(Manag by Basin Marine, Inc.)
829 Harbor Island Drive
1
2,800
79
The Galley Caf6
829 Harbor Island Drive
1
1,200
80
Herinne Yacht Sales, Inc.
829 Harbor Island Drive
1
990
81
Apartment A
$29 Harbor Island Drive
1
-1300
Duplex
82
Apartment B
829 Harbor Island Drive
1
1,300
Duplex
Apartnient C
829 Harbor Island Drive
1
1,400
IVarious (Managed by Basin Marine, Inc.)
829 Harbor Island Drive
1
5,900
P.liceDepa ment.�
1'� . �: . ,, v
-R-, '-'D�S
�,OLC,,,-Iitt'.W. _"'�
'48�0001 a
85
Police Department HeadQuarters;
870 Sann Barbara Drive
48,000
Misac. Facilities'
I
86
1 1499 Monrovia Office Building
1499 Monrovia Avenue
2
20,000
87
American Legion
215 East ISUb Street
1
7,800
1
200 A Street (Balboa)
i
750
89
1 Barchea Pier Concessions
I Balboa Pier
1
1,3W
90
1 Boys and Girls Club of Balboa
2SSS VIsta del Om
1
11,800
jL_
Corona del Mar Beach Concessions
3029 Ocean Blvd.-
1
950
92
Dory Fisherman's Freet
2111 West Oceanfront
1
1.350
93
Newport Aquatic Center
I Whitediffs; Drive
1
17,500
94
Newport Harbor Lawn qmyjn9_
1550 Crown Drive North
1
2,750
95
Newport Mesa USD
Poll at Comna del Mar Bich
1
4,450
Pool = 28,100
96
Newwrt M�a USD
Pool at Newport Harbor High
1
5,000
Pool = 28,200
97
Newport Mesa USE,
Fields at Lincoln Elemen by
N A
Fields = 495,000
18
Newport Pie, Concession-
Restaurant Building
2
4,400
--------
99
Schock Boats
29th Street Pier
1
3,200
Give Center . , 6 .6. -
I
i'l-" �100;000 i �j
", , '-.-
i-�' .
100
Civic Center
10D Civic Center Drive
3 1
100,000 core
7�'
�','64 0;7 30'fs
ZXCWU1fl9L1WCLCe�, Uslsfg�aelCrL&MaT, eOCKoaY
00-nill
ATTACHMENT 2
License Agreement, Maintenance
Agreement and Hosting Agreement
OZL.S[f:3
SOFTWARE END USER LICENSE AGREEMENT
"Vertex,",
This Software End User License Agreement ("License Agreement") is between AMEC Environment &
Infrastructure, Inc., a Nevada corporation, ("AMEC") with offices at 1075 Big Shanty Road NW, Suite 100,
Kennesaw, Georgia 30144 and the City of Newport Beach, a California municipal corporation and charter city with
offices 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client") and is effective the 22nd day of
October, 2013 ("Effective Date").
1. Grant of License. Licensor hereby grants to Licensee a personal, non-exclusive, nontransferable, limited license
("License") to install and use the product named above and its accompanying documentation (collectively, the
"Software") in object code form solely in accordance with the terms of this License Agreement, including the
restrictions set forth in Section 2 below. Licensee may make one copy of the Software for archival and backup
purposes. Licensee must reproduce and include any copyright and trademark notices, legends and logos on each copy
of the Software or diskettes made by Licensee.
2. Limitations of License. Installation and use of the Software is specifically subject to the following restrictions and
limitations:
a. The rights granted herein are specifically negotiated license rights.
b. The License is limited to the processing of data associated with selected building and site infrastructure sub -
elements ("Sub -elements") which are (i) available in the Classification Catalog Manager of the Software, as
of the Effective Date, and (ii) included in the Group Elements listed below, as defined by, and set forth in,
UNIFORMAT II, ASTM E-1557-05:
i. A10 -Foundations
ii. A20— Basement Construction
iii. B10 - Superstructure
iv. B20— Exterior Enclosure
v. B30—Roofing
vi. C10 — Interior Construction
vii. C20—Stairs
viii. C30— Interior Finishes
ix. D10—Conveying
x. D20—Plumbing
xi. D30—HVAC
xii. D40—Fire Protection
xiii. D50—Electrical
xiv. E10 — Equipment
xv. G20 — Site Improvements
xvi. G30 — Site Mechanical Utilities
xvii. G40 — Site Electrical Utilities
C. The Software may be used to store and manage data regarding Sub -elements at physical locations containing
buildings that are owned or managed by Licensee, and whose combined gross floor area does not exceed XX
million square feet.
d. The Software may be installed on one or more servers at one or more locations of Licensee.
C. Licensee is authorized to access the SoRware by means of a restricted web site that is hosted by Licensor.
3. Termination. This License Agreement may be terminated at any time by Licensor immediately and without notice
upon any breach by Licensee. Upon termination, Licensee shall certify in writing that all copies of the Software have
been destroyed and all copies erased from the memory of Licensee's computers.
4. Proprietary Rights. Licensee acknowledges that the Software is the sole and exclusive property of Licensor. By
accepting this license, Licensee does not become the owner of the Software, but only has the right to use the Software,
as outlined in and limited by this License Agreement. The Software is protected by copyright laws, international
copyright treaties, and other laws regarding trade secrets and other intellectual property rights. Title and full
ownership rights to the Software and any and all copies of the Software remain with Licensor.
5. Other Restrictions and Limitations. Licensee agrees that (1) it will not copy the Software except as permitted in
Section 1; (2) it will not reproduce, deactivate, or bypass any security device supplied with the Software; (3) it will
preserve and respect Licenser's copyright and the notice of copyright included in the Software; (4) the Software
contains valuable, confidential, unpublished information and trade secrets developed or acquired by Licensor and may
contain information, components or other software applications that are proprietary to a third party, which Licensor has
been authorized to sublicense, and Licensee will not disclose or transfer or otherwise provide to any third party all or
ox-MEf l
any part of the Software without the express written consent of Licensor; (5) it will not disassemble, reverse compile or
reverse engineer the Software or any portion thereof or otherwise attempt to discover the source code or structural
framework of the Software; (6) it will not rent or lease the Software nor use the Software in a service bureau or time
sharing environment; and (7) it will not modify the Software.
6. Disclaimer of Warranties. NO WARRANTIES, EXPRESS OR IMPLIED ARE MADE WITH RESPECT TO
THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES ARE
EXPRESSLY AND SPECIFICALLY DISCLAIMED. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO LICENSEE.
7. Liability.
IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF EITHER LICENSEE OR A THIRD PARTY AGAINST
LICENSEE (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, LOST PROFITS,
BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH
THIS LICENSE AGREEMENT OR USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR BE
LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER (WHETHER BASED IN CONTRACT, TORT OR
OTHERWISE) IN EXCESS OF THE AMOUNT PAID TO LICENSOR BY LICENSEE FOR USE OF THE
SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO LICENSEE.
8. Remedy. Licensee acknowledges that Licensor shall be entitled to seek and be granted injunctive relief or specific
performance upon any breach or threatened breach of this License Agreement by Licensee, all without the necessity of
posting a bond or other security or undertaking in connection therewith. Licensee agrees to pay to Licensor all costs
and expenses, including reasonable attorney fees, incurred by Licensor in connection with exercise of any of its rights
and remedies contained herein.
9. License by U.S. Government. Any noncommercial software is provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions set forth in 48 CFR 52.227-19.
Contractor/Manufacturer is MACTEC Engineering and Consulting, Inc., d/b/a Facility Lifecycle Group, 2015 Vaughn
Road, Building 300, Suite 300, Kennesaw, Georgia 30144.
10. Audit. Upon forty-five (45) days notice, Licensor may audit Licensee's use of the Software during Licensee's regular
business hours. If Licensee does not pay any such fees or other amounts or remedy any such misuse within the fifteen
(15) day period, Licensor may terminate the License, this License Agreement and all technical support.
11. General Terms and Conditions. Any and all remedies provided for in this License Agreement shall be cumulative
and additional to any other remedies in law or equity which Licensor may have. This License Agreement shall inure to
the benefit of Licensor, its successors, and assigns. Licensee shall not assign its rights hereunder to any party. All
rights not specifically granted herein are reserved by Licensor.
Rev. 09/2006
29 of 48
IN WITNESS WHEREOF, the parties have caused this License Agreement to be executed by their duly
authorized representatives effective on the day and year fast above written.
"AMEC" CLIENT
AMEC Environment& Infrastructure, Inc.
Signature:
Signature:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
CITY A O EY'S OFFICE
Date:
By:
Aaron C. Harp I
City Attorney \q
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
lim. O�VlINPo
30 of 48
Attachment A
SOFTWARE MAINTENANCE SUPPORT AGREEMENT
This Software Maintenance Support Agreement ("Maintenance Agreement") is between AMEC
Environment & Infrastructure, Inc., a Nevada corporation, ("AMEC") with offices at 1075 Big Shanty Road
NW, Suite 100, Kennesaw, Georgia 30144 and the City of Newport Beach, a California municipal
corporation and charter city with offices 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter
"Client") and is effective the 22nd day of October, 2013 ("Effective Date")-
In
ate").
In consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
1. Back round. AMEC and Client agree that the terms and conditions of this Maintenance Agreement cover
software maintenance support services as set forth below to be provided by AMEC to Client. Such services shall
be provided by AMSC only with respect to software for which Client has entered into a Software License
Agreement (hereinafter referred to as "License Agreement") with AMEC. Any Software Error Revisions or
Software Updates shall be considered "Software" under the License Agreement and thus shall be subject to terms
and conditions set forth under the License Agreement.
2. Definitions.
A. "Support" means the technical support provided by AMEC or its third party representative to Client, its
agents, or employees (hereinafter collectively referred to as "Client") regarding the use and operation of
applications software specifically developed by AMEC, commonly referred to as Vertex, and that is
subject to a License Agreement (hereinafter referred to as the "Supported Software"), and code revisions
to resolve Software Problems identified and made known to AMEC. Support shall include (i) a direct
response to an inquiry from a Support Contact concerning the technical operation of the Supported
Software, (ii) a direct response to an inquiry from a Support Contact concerning Software Problems in the
Supported Software, (iii) a diagnosis of Software Problems in the Supported Software, and (iv) reasonable
commercial efforts to resolve reported and verifiable Software Problems in the Supported Software such
that the Supported Software performs the functions described in the associated documentation.
B. "Support Contact' means authorized individuals(s), specified on Exhibit 1 of this Maintenance
Agreement with whom AMEC communicates when providing Support. The Support Contact must be
functionally knowledgeable about how the Supported Software is intended to be used.
C. "Software Problem" means a defect in the Supported Software code, developed by AMEC, which (1)
prohibits Client from entering, viewing, or printing data in a manner consistent with the design of the
software and its associated documentation, or (2) results in a verifiable mathematical calculation error, or
(3) results in the display of a program error message.
D. "Software Error Revisions" mean revisions to programming code related to the Supported Software
only, which are developed by AMEC and specifically excludes any software revisions or enhancements of
operating systems software, or other third party software products, not specifically developed by AMEC.
E. "Software Updates" mean revisions, enhancements, or new releases of software program files or user
manuals designed to correct a known error or improve functionality of the Supported Software. Software
and specifically excludes any software revisions or enhancements of operating systems software, or other
third party software products, not specifically developed by AMEC.
Software Support Services. Under the terms and conditions of this Maintenance Agreement, AMEC shall provide
to Client the following Support services:
A. Telephone Assistance. The Support Contact, using an authorized telephone number to be provided by
AMEC, may contact a representative of AMEC's Help Desk to ask questions or seek advice relating to
technical problems with the use of the Supported Software as described in the associated documentation.
Support calls are answered in the order in which they are received. If a technical support representative is
1 - Rev.08/2011
SMSA2011Std
OWED]
not available to accept the call immediately, the call will be returned in as timely a manner as possible.
AMEC's technical support representative will use commercially reasonable efforts to assist the Support
Contact in using the Supported Software, and in identifying and providing a workaround, if possible, for
Software Problems found in the Supported Software. Telephone assistance shall be available Monday
through Friday, from the hours of 8:00 a.m. to 5:00 p.m. Eastern Standard/Daylight Savings Time, as
applicable, excluding holidays. Client may also communicate with a technical support representative by
written correspondence via an electronic Help Desk Trouble Ticket Form.
B. Software Error Revisions. Software Error Revisions will be made available to Client, from time to time,
whenever such Software Error Revisions are produced and commercially released by AMEC to its
Software Maintenance Support customers. AMEC makes no promise as to the scope, contents, or
frequency of release of any Software Error Revisions.
C. Software Updates. Software Updates will be made available to Client, from time to time, whenever such
Software Updates are produced and commercially released by AMEC to its Software Maintenance
Support customers. AMEC makes no promise as to the scope, contents, or frequency of release of any
Software Updates.
4. Delivery. AMSC will use commercially reasonable efforts to schedule delivery of Software Updates in accordance
with those dates as provided to Client. Shipping and delivery dates are approximate only. It is agreed that AMEC
will not be liable for any loss or expense of any nature due to a failure to meet a specified delivery schedule.
5. Payment. Client agrees to pay AAMC the charges for Support and other fees set forth on Exhibit 1 which is
attached hereto. Such fees shall be due and payable within thirty (30) days of the invoice date.
6. Limitations on Support Services.
A. The following are not supported under this Maintenance Agreement.
1. Client's improper installation or use of the Supported Software;
2. Misuse, abuse or negligent use, repair, alteration or improper storage or any use which does not
conform to the specific or general instructions of AMEC or to the provisions of the
documentation for the Supported Software;
3. Any modification or attempted modification of the Supported Software by Client or any third
party;
4. Client's failure or refusal to maintain the Supported Software at the "minimum release level"
required by AMEC.
B. AMEC reserves the right to charge for excessive telephone, shipping, handling, media or user manual
expenses in connection with Support services provided hereunder. In all cases, AMEC shall notify Client
of these costs in advance.
7. Availability of Support Services.
A. Support shall be conducted at the offices of AMSC, at its address as set forth on this Maintenance
Agreement (or such other address as AMEC may designate by notice provided herein) or at a third party
location as so designated by AMEC.
B. Support shall be conducted generally between the hours of 8:00 AM and 5:00 PM, Eastern
Standard/Daylight Savings Time, as applicable, Monday through Friday, holidays excluded.
C. Support shall be conducted on a first-come first -serve basis.
D. The Support Contact shall provide his or her name, and company name when requesting Support under the
terms of this Maintenance Agreement.
- 2 - Rev.09/2013
SMSA2013Std
OWED]
8. Disclaimer of Warranties. THE SUPPORT AND OTHER SERVICES PROVIDED UNDER THIS
MAINTENANCE AGREEMENT ARE PROVIDED "AS IS", AND AMEC MAKES NO WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SUPPORTED SOFTWARE, THE SUPPORT
SERVICES, THE OPERATION OF THE SUPPORTED SOFTWARE, OR CLIENT'S ABILITY TO
UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO CLIENT BY
AMSC, NOR DOES AMEC MAKE ANY WARRANTY THAT THE SUPPORTED SOFTWARE, SOFTWARE
ERROR REVISIONS, SOFTWARE UTDATES OR SUPPORT ARE ERROR FREE, AND AMEC
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
ANY PARTICULAR PURPOSE.
9. Limitatiou of Liability. IN NO EVENT SHALL AMSC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY
FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL,
INTCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A
THIRD PARTY, RESULTING FROM ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO
THE TERMS OF THIS MAINTENANCE AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR
RESULTING FROM THE FURNISHING, PERFORMANCE, OR USE OR LOSS OF USE OF ANY
SUPPORTED SOFTWARE OR SUPPORT SERVICES OR MATERIALS DELIVERED TO CLIENT
HEREUNDER, INCLUDING WITHOUT LIMITATION ANTY INTERRUPTION OF BUSINESS, WHETHER
RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF
AMEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Term and Termination.
A. The term of this Maintenance Agreement shall be for one (1) year, beginning on the Effective Date, and
shall automatically renew for successive one (1) year terms, provided that either party may terminate this
Maintenance Agreement by providing written notice of its intent not to renew at least sixty (60) days prior
to the end of any one (1) year term.
B. Either party may terminate this Maintenance Agreement in the event of a default by the other parry to this
Maintenance Agreement; provided however, no such termination shall occur until the non -defaulting party
shall have given written notice of the default to the defaulting party and such default shall not have been
cured within five (5) days in the event of a monetary breach and thirty (30) days in the event of a
non -monetary breach.
11. Notices. All notices, requests, demands or other communications required or permitted to be given or made under
this Maintenance Agreement shall be in writing and shall be given by express courier (such as Fed Ex) facsimile
transmission, or by United States certified mail, return receipt requested, postage prepaid to the addresses set forth
on the fust page of this Maintenance Agreement, or such other address as changed through written notice to the
other parry. Notice given by express courier shall be deemed effective upon receipt; notice given by facsimile
transmission shall be deemed effective on the date of transmission with printed confirmation of successful
transmission; and notice given by mail shall be deemed effective the day on which delivery is either accepted or
first rejected.
12. General.
A. This Maintenance Agreement, including the Exhibits attached hereto, contains the entire understanding
and agreement of the parties with respect to the subject matter hereof and supersedes any prior written or
oral agreements between them with respect thereto. Except as set forth herein, there are no
representations, agreements, arrangements or understandings, written or oral, between the parties with
respect to the subject matter of this Maintenance Agreement.
B. Nothing in this Maintenance Agreement will in anyway be construed as creating a partnership, joint
venture, agency, or employer-employee relationship between Client and AMSC. Client is not authorized
to, and will not, undertake or assume any obligation of any kind, express or implied, to conduct any
business on behalf of AMSC.
C. The validity, interpretation and performance of this Maintenance Agreement will be construed in
accordance with and governed by the laws of the State of California.
-3 - Rev.09/2013
SMSA2013Std
09ME1.1
D. If any provision, in whole or in part, of this Maintenance Agreement is held illegal or invalid by any court
or administrative agency of appropriate jurisdiction, such provision or appropriate portion thereof will be
deemed severable and the illegality or invalidity of such provision or portion thereof will not effect any of
the remaining portions of this Maintenance Agreement. In such event, this Maintenance Agreement will
be considered as if the Illegal or invalid provision or portion thereof had not been contained herein.
E. The failure of either party to require the performance of any term, condition or portion of this Maintenance
Agreement or the waiver by either party of any breach of this Maintenance Agreement will not prevent
subsequent enforcement of such term, condition or provision, nor be deemed as a waiver of any
subsequent breach.
F. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Maintenance
Agreement will be binding upon either of the parties only if approved in writing by its authorized
representative.
G. Neither party will be liable to the other in any manner for any loss or damage of any nature whatsoever
incurred or suffered as a result of any failures or delays in its performance under this Maintenance
Agreement due to any cause or circumstance beyond its control, including, but not limited to, any failure
or delays in performance caused by strikes, lockouts, labor disputes, fires, acts of God or the public
enemy, riots, incendiaries, interference by civil or military authorities, compliance with the laws,
regulations, orders or policies of any governmental authority, delays in transit, delivery or performance on
the part of vendors, transportation companies or communication facilities, or failures of sources of raw
materials.
H. Client will have the right to assign or otherwise transfer its rights or obligations under this Maintenance
Agreement only with the prior written consent of AMEC. In the event of any assignment (whether by
consent of AMEC or otherwise), all covenants, stipulations, and promises in this Maintenance Agreement
will be binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
4- Rev.092013
SMSA2013Std
ONE[-]
IN WITNESS WHEREOF, the parties have caused this Maintenance Agreement to be executed as set forth
below.
"Client"
APPROVED AS TO FORM:
CITY A_TTIORN Y�FICE
Date:
By:
Aaron C. Harp 4
City Attorney I k
ATTEST:
Leilani I. Brown
City Clerk
Attachments: Exhibit t: Annual Fees
"AMEC"
AMEC Environment& Infrastructure, Inc.
By:
Name:(Print) David B. Goershel
Title: Atlanta Area Manager
Rev.092013
SMSA2013Std
4M. Elt:1
Exhibit 1
Annual Fees
The annual fees for the Support provided under the Maintenance Agreement are as follows: $1,180 per year
based on a license limitation of 440,765 square feet of building assets stored in Vertex and will be calculated
based on 20% of the total license fee paid for the software.
6- Rev.09/2013
SMSA2013Std
Attachment B
Software Hosting Services Agreement
This Software Hosting Services Agreement ("Hosting Agreement") is between AMEC Environment
& Infrastructure, Inc., a Nevada corporation, ("AMEC") with offices at 1075 Big Shanty Road NW, Suite
100, Kennesaw, Georgia 30144 and the City of Newport Beach, a California corporation and charter city
with offices at 100 Civic Center Dr., Newport Beach, CA 92660, (hereafter "Client") and is effective the
22°a day of October, 2013 ("Effective Date").
1. Background.
AMEC has granted certain rights to software and other intellectual property (the "Software") to Client pursuant to a
separate License Agreement (the "License Agreement"), and AMEC and Client have entered into a software
maintenance support agreement that provides for certain support services as set forth in that agreement (the "Software
Maintenance Support Agreement") concerning the Software. Pursuant to this Hosting Agreement, AMEC and Client
have agreed that AMEC, on behalf of Client, will deploy, host and maintain access to the Software by means of a
restricted web site in accordance with this Agreement. Capitalized terms in this Hosting Agreement have the same
meaning as in the Software Maintenance Support Agreement.
2. License Granted and Limitations.
Client's license for Software shall be as set forth in the License Agreement, except as expressly provided herein. In
addition to the rights granted under the License Agreement, AMEC hereby grants to Client a personal, non-exclusive,
nontransferable, limited license to access the Software by means of a restricted web site that is hosted by AMEC as set
forth herein. Client has only the license rights expressly granted under this Hosting Agreement and the License
Agreement and whatever rights are not expressly granted in this Hosting Agreement or the License Agreement are
reserved by AMEC. The Software maybe used to manage data regarding the assets for the facilities and sites owned
or managed by Client as set forth in the License Agreement and not to exceed the total of gross square feet of building
area set forth in the License Agreement.
3. Included Services.
AMEC agrees to deploy, host and maintain the Software, and provide access to Client by means of a restricted web site,
either itself or by means of AT&T's Internet Data Center in Lithia Springs, Georgia ("Site") or by subcontracting to
such other entity as agreed upon by Client, which agreement by Client will not be unreasonably withheld. Access to
the Software requires that users use Microsoft® Internet Explorer version 6.0 or later. AMEC will provide administrator
rights and access to the Software to a Named User within the Client ("Administrator"). The Administrator will manage
the addition and deletion of User IDs and passwords on behalf of the Client.
3.1. Client Configuration.
AMEC will complete the initial configuration of the Software at the Site. Initial configuration includes
establishing Client as a valid user account, and linking various support tables, asset catalogs, price catalogs,
security tables and default analysis settings to the Client account.
3.2. Security.
The Software and its associated database will be hosted on one of AMEC's external domains. This is a
perimeter demilitarized zone ("DMZ") network setup specifically for hosting applications being published
to the public Internet. Strict controls are in place to ensure that vulnerabilities are minimized and monitored
in this network area. AMEC's Web servers utilize digital certificates for Internet information services
("IIS") from trusted public certificate providers to publish secure sockets layer -encrypted web
transmissions. The hosting systems have been "hardened" against commonly known vulnerabilities as
identified in Microsoft's security bulletins. Non-essential systems and services have been removed or
disabled.
3.3. Hardware and Software.
AMEC will configure the Software and related database software on behalf of Client on one or more non-
dedicated servers. At a minimum, servers will include redundant power supply, Quad/1.5GHz central
processing units, 4 GB RAM, and RAID 0 (mirrored) operating system, RAID 5 hard drive storage, and tape
backup.
1 - SHSA Standarad_2012, Rev 9/2012
OMEU
3.3.1. Data Storage Capacity.
AMEC will provide Client 2GB of data storage capacity as part of its baseline annual hosting fee. This
capacity should readily support Client's data storage requirements for the foreseeable future. If Client
requires additional data storage capacity, AMEC will increase Client's storage capacity in I GB increments
for additional fees at the then current rate per year per GB of storage capacity.
3.3.2. Front End Connectivity.
Front-end connectivity will be provided via a burstable, shared Internet access. Network access will be
provided by a 1000 megabit per second Ethernet port to the Internet.
3.3.3. Operating System and Database Software.
AMSC will provide Client with licensed use of operating system and database software necessary to support
the Software. The decision and timing of upgrades and/or migration to future releases of operating system
and database software programs will be at AMEC's sole discretion. Costs for the application of service
packs, hot -fixes, and other operating system and database administration costs are included in the hosting
service fee.
3.4. Network Support Services.
The Network Support Services ("Services") include network monitoring, hardware backups and data archive
administration on a daily basis. Response time to troubleshoot hardware issues typically will begin within one hour
of Client's notification to the AMEC Helpdesk.
3.4.1. Availability.
AMEC shall use commercially reasonable efforts to make the Software generally available on the web site
on the hosting services as set forth herein for 24 hours a day, 7 days a week, except for (a) downtime due to
scheduled or unscheduled maintenance or (b) downtime caused by circumstances beyond AMEC's control,
including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes,
computer or telecommunications failures or delays involving hardware or software not within AMEC's
control, and network intrusions or denial of service attacks. Although the Software will normally be
available at all times, the core business hours for this Software are 8:00am-7:00pm (Eastern); Monday
through Friday, excluding AMEC holidays ("Core Business Hours").
Availability is defined as time when a User is able to successfully log into the Software's interface and
manage data. Partial losses of functionality within the Software do not necessarily constitute total loss of
availability. Partial loss of availability is defined as time when a User is able to log into the Software's
interface and perform limited management of data. Total loss of availability is defined as time when a User
is able to navigate to at least the Software's interface, but is unable to login or perform any management of
data. Losses of availability will generally be caused by a Software level problem. Repair of availability
problems will be the responsibility of AMEC.
In the case of loss of partial or total availability, AMEC will be responsible for performing the diagnosis of
the problem and notifying Client as to the nature of the problem as soon as it is identified. Once AMEC has
determined the cause of the problem and its resolution, AMEC will then implement the repair.
3.4.2. Downtime.
Downtime is defined as the total time that the Software is not available to Users for reasons not attributable
to problems caused by Client's computer infrastructure or communications systems. Partial and total
downtime will generally be caused by a system or network level problem. Repair of downtime causes will
be the responsibility of AMEC. Maintenance of the system by AMEC is considered downtime.
In the case of downtime, AMEC will be responsible for diagnosing the problem. AMSC will contact Client
in a timely manner to make Client aware of the situation and progress in resolving the problem. Client will
be responsible for notification of its Users regarding the nature of the problem as Client sees fit. Once
AMEC has diagnosed the problem and determined a solution, AMSC will implement the solution. AMEC
will keep Client updated throughout the process.
2- SHSA Stmdarad 2013, Rev 9/2013
Kt:WEK
3.4.3. Issue Response.
Since Software downtime cannot be completely avoided due to unforeseen operating system, hardware, and
communication failures, AMEC will prioritize resources to bring the Software back on-line as quickly as
possible. As a guideline, a catastrophic recovery should be completed and the Software back on-line the
following business day. Minor failures of the system that caused total downtime will be attended to
promptly by AMEC. AMEC will attempt to bring the Software back on-line during the same business day.
3.5. Maintenance.
From time to time, AMEC will perform maintenance on the operating system, database or application code
supporting the Software. Some maintenance will be automated and some will be manual.
Microsoft® security patches will be installed automatically as they are released and marked as critical by
Microsoft®. The database server undergoes nightly database maintenance. During that nightly maintenance, a
database integrity check and minor error repair is performed. More intensive maintenance such as the application of
service packs, application changes and application updates will be scheduled in advance to minimize Client
downtime.
Scheduled maintenance during Core Business Hours is allowed, but must be pre -approved by a representative of
the Client. Should maintenance be required during Core Business Hours, AMEC will notify Client via e-mail of the
need for maintenance as soon as the need is identified. No maintenance will be performed until such time that
Client has responded to AMEC that such maintenance is approved. If no approval is provided by Client,
maintenance will be deferred until after Core Business Hours.
Client will be responsible for notification of its Users in the event of an approved request for scheduled
maintenance during Core Business Hours. Unscheduled maintenance is allowed outside of Core Business Hours
without Client pre -approval. AMEC will attempt to minimize the application interface downtime during
unscheduled maintenance periods. AMEC will choose quality maintenance methods that will help minimize
downtime.
3.6. Software Backup.
The Software application code and Client data will be backed up every business day and every weekend. AMEC
will handle the management of all data backups. Historical backup sets will be kept for a period of five (5) weeks.
The full backup sets will be sent offsite on a weekly basis.
The application server will be backed -up at the Site, as well as at one of AMEC's office locations, according to the
following schedule:
3.6.1. One (1) weekend night a week a full file system and system state backup will occur.
3.6.2. Five (5) business nights a week an incremental file system and system state backup will occur (this
includes the directories that contain the application code and the registry).
The back -end database server will be backed -up at the Site, as well as at one of AMEC's office locations, according
the following schedule:
3.6.3. Each business night a SQL maintenance plan performs an online backup of each of the SQL
databases on the server. These backup files are created on the server's hard disk.
3.6.4. One (1) weekend night a week a full file system and system state backup will occur (this includes
the SQL backup files).
3.6.5. Five (5) business nights a week an incremental file system and system state backup will occur (this
includes the SQL backup files).
To recover from a loss of data, AMEC will rebuild the system(s) involved in the failure by following written
protocols to set up the application Software exactly as it was before the failure. AMEC will then recover the latest
available SQL backup data files and test the application data's integrity through the application.
3 - SHSA Standamd_2013, Rev 9/2013
OEM.]
3.7. Disaster Recovery.
In the event that the Site is rendered inoperable, AMEC will take the following steps to restore the Software:
3.7.1. A copy of the Client's data that has been backed up on hardware at AMEC's office will be
transferred from the AMEC's backup servers to DVDs.
3.7.2. The latest copy of the application and its installation files, together with the DVD's storing Client's
backed up data files, will be delivered to a location designated by the Client for installation by the
Client on Client servers. AMEC will provide assistance to Client to support Client's installation of
the application and data files.
3.7.3. The application will reside on the Client's servers until such time that the Site is restored to a
condition equal to its condition prior to the event that rendered it inoperable, or an alternative data
center site is identified by the AMEC and made available for use by the Client.
3.7.4. AMEC will provide the Client with specifications for the Client servers necessary to support the
operation of the Software during the interim period required to restore the Site, or make available an
alternative data center for use by the Client.
4. Client's Data.
As between AMEC and Client, Client shall own all Client data. Client hereby grants AMEC an irrevocable, non-
transferable, royalty free, worldwide license to all current and future Client data-, provided, however, that AMEC shall
not have the right to share any of such Client data with third parties and AMEC shall not collect or use such Client data
except as necessary to perform its obligations under this Hosting Agreement or for any other purpose other than for its
own internal purposes. Client shall have all responsibility for all content provided by Client, and Client agrees to
defend, hold harmless and indemnify AMEC and its parent, subsidiaries and affiliates, including their respective
officers, directors and employees, from and against all claims, settlements, costs, expenses, liabilities and damages,
including reasonable attorneys' fees, (collectively, "liabilities"), to the extent arising out Client's data, except to the
extent that the liabilities are determined to have been caused by AMEC.
5. Third Party Software and the Hosting Services.
Client is strictly prohibited from installing any third party software on the hosting services servers without the express
written consent of AMEC.
6. Payments.
All amounts due hereunder shall be due and payable within thirty (30) days of the date of the invoice. All amounts are
due in U.S. Dollars.
7. Hosting Fees.
During the first year from the Effective Date, the Client shall pay AMEC, for the services provided and rights granted
by this Hosting Agreement, a fee as set forth in a valid AMEC proposal opt quote for AME C's hosting, operating and
maintaining the web services. AMEC may raise the annual fee for each succeeding year, provide that AMEC notifies
Client of such increase at least forty (45) days prior to the end of each one (1) year term.
S. WarrantyDisclaimer.
THE SERVICES PROVIDED UNDER THIS HOSTNG AGREEMENT ARE PROVIDED "AS IS" AND AMEC
MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE SOFTWARE, THE
SERVICES, INCLUDING THE HOSTING SERVICES, THE OPERATION OF THE SOFTWARE, OR CLIENT'S
ABILITY TO UNDERSTAND, COMPREHEND, OR APPLY THE INFORMATION THAT IS PRESENTED TO
CLIENT BY AMEC, NOR DOES AMEC MAKE ANY WARRANTY THAT THE SOFTWARE, SOFTWARE
ERROR REVISIONS, SOFTWARE ENI-IANCEMENTS OR SUPPORT ARE ERROR FREE, AND AMEC
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
AN -Y PARTICULAR PURPOSE.
9. Limitation of Liabilitv.
IN NO EVENT SHALL AMEC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF OR
DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR
- 4 - SHSA Standarad_2013, Rev 9/2013
31115[1:]
CONSEQUENTIAL DAMAGES OF ANY KIND OF EITHER CLIENT OR A THIRD PARTY, RESULTING FROM
ITS PERFORMANCE OR FAILURE TO PERFORM PURSUANT TO THE TERMS OF THIS HOSTING
AGREEMENT OR ANY OF THE EXHIBITS HERETO, OR RESULTING FROM THE FURNISHING,
PERFORMANCE, OR USE OR LOSS OF ANY SOFTWARE OR SUPPORT SERVICES OR MATERIALS
DELIVERED TO CLIENT HEREUNDER, INCLUDING WITHOUT LIMITATION ANY INTERRUPTION OF
BUSINESS, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR
OTHERWISE, EVEN IF AMSC HAS BEEN ADVISED OF THE POSSIBI1,ITY OF SUCH DAMAGES.
10. Term and Termination.
10.1. The term of this Hosting Agreement shall be for one (1) year beginning on the Effective Date and shall
automatically renew for successive one (1) year terms provided that either party may terminate this
Agreement by providing written notice of its intent not to renew at least thirty (30) days prior to the end of
each one (1) year term.
10.2. Either party may terminate this Agreement in the event of a default by the other party to this Hosting
Agreement; provided however, no such termination shall occur until the non -defaulting party shall have
given written notice of the default to the defaulting party and such default shall not have been cured within
five (5) days in the event of a monetary breach and thirty (30) days in the event of a non -monetary breach.
10.3. In the event this Hosting Agreement is terminated or not renewed, upon written request of Client, AMEC
will export Client's data into the then current database file format used to store Client's data and provide
such data on media mutually agreeable to both. parties. All out of pocket cost incurred in the exporting or
providing such data will be borne by Client.
11. Notices.
All notices, requests, demands or other communications required or permitted to be given or made under this Hosting
Agreement shall be in writing and shall be given by personal service, express courier (such as Fed Ex), telecopy, or by
United States certified mail, return receipt requested, postage prepaid to the addresses set forth on the first page of this
Hosting Agreement, or such other address as changed through written notice to the other party. Notice given by
personal service shall be deemed effective on the date it is delivered, notice sent by express courier shall be deemed
effective one business day after dispatch, notice given by telecopy shall be deemed effective on the date of transmission
with confirmation, and notice given by mail shall be deemed effective on the third business day following its placement
in the mail.
12. General.
12.1. This Hosting Agreement contains the entire understanding and agreement of the parties with respect to the
subject matter hereof and supersedes any prior written or oral agreements between them with respect
thereto. Except as set forth herein, there are no representations, agreements, arrangements or
understandings, written or oral, between the parties with respect to the subject matter of this Hosting
Agreement.
1.2.2. Nothing in this Hosting Agreement will in any way be construed as creating a partnership, joint venture,
agency, or employer-employee relationship between Client and AMSC. Client is not authorized to, and will
not, undertake or assume any obligation of any kind, express or implied, to conduct any business on behalf
of AMSC.
12.3. The validity, interpretation and performance of this Hosting Agreement will be construed in accordance with
and governed by the laws of the State of California.
12.4. If any provision, in whole or in part, of this Hosting Agreement is held illegal or invalid by any court or
administrative agency of appropriate jurisdiction, such. provision or appropriate portion thereof will be
deemed severable and the illegality or invalidity of such provision or portion thereof will not affect any of
the remaining portions of this Hosting Agreement. In such event, this Hosting Agreement will be
considered as if the illegal or invalid provision or portion thereof had not been contained herein.
12.5. The failure of either party to require the performance of any term, condition or portion of this Hosting
- 5 - SHSA Standarad 2013. Rev 9/2013
AME1.1
Agreement* or the waiver by either party of any breach of. this Agreement will not prevent subsequent
enforcement of such term; condition or provision; nor be deemed as a waiver orany subsequent breach.
12.6. Any change in, addition to, or waiver of the terms, conditions, or provisions of this Hosting Agreement will
bc�binding-upon either of die, parties only il'approved in writing by its authorized representative.
12.7. Neither party will be liable to the other in any manner for any loss or damage:of any nature whatsoever
incurred or suffered as a result of any failures or delays in its performance under this hosting Agreement
due to any cause or circumstance beyond its control, including, but not limited to, any failure or delays in
performance caused by strikes; lockouts, labor disputes, Gres, acts of God or the public enemy, riots,
incendiaries, interference by civil or military authorities, compliance with the laws, regulations; orders or
policies of any govermental authority, delaysin transit, delivery or performance on the part of vendors.
transportation companies or communication facilities, or failures of sources of raw materials.
12.3. Client will have the right to assign or otherwise transfer its rights or obligations under this Hosting
Agreement only with the prior written consent of AMSC. fn the event of any assignment (whether by
content of AMECor otherwise), all covenants, stipulations, and promises in this Hosting. Agreement will be
binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
IN WITNESS. WHEREOF, the parties have caused this Hosting. Agreement to be executed as set forth below.
"Client"
Name: (Print)
Title:
Date:
APPROVED AS TO FORM:
CITY,.&T070",EX'S OFFICE
City Attorney
ATTEST:
Leilani 1. E
City Clerk
'YUMEC"
AMEC Environment and Infrastructure. the
M
Name:(Prinl) DavidR-Goershel
Title: Atlanta Area Manager
Date:
G- SI-ISAStantlanld 2013, Rev 9/2013
§9ME1.1
EXHIBIT B
SCHEDULE OF BILLING RATES
AMEC Environment and Infrastructure, Inc. Page B-1
:19100:3
EXHIBIT B - SCHEDULE OF BILLING RATES
Project' Facilities Management and Master Plan Services RFP 13-36
Capital Improvement Plan
1
Consultant: AMEC Environment & Infrastructure, Inc.
$250.00
4
$185.00
Actual
Loaded
Labor
Date
0
Hours (1)
Rate`/Hr
Amount
Total Due
Task 1. All Tasks identified in Scope of Work - RFP Inspection of City Building
Facilities
$150.00
tad
Job Classification: Project Principal
2
$250.00
$500.00
$150.00
Job Classification: Project Manager
48
$185.00
$8,880.00
24
Job Classification: Project Controls Manager
1
$150.00
$150.00
$300.00
Job Classification: Project Safety Manager
1
$135.00
$135.00
$90.00
Job Classification: Project QA/QC Manager
1
$135.00
$135.00
46
Job Classification: Field Assessor Mechanical/HVAC
120
$150.00
$18.000.00
Job Classification: Field Assessor Electrical
40
$150.00
$6,000.00
Job Classification: Field Assessor Paving
8
$150.00
$1,200.00
Job Classification: Field Assessor Fire Life Safety
8
$150.00
$1,200.00
Job Classification: Field Assessor Architectural
200
$150.00
$30,000.00
Job Classification: Field Assessor Roofing
24
$150.00
$3,600.00
Job Classification: Maintenance Program Developer
0
$150.00
$0.00
Job Classification: Project Accountant
1
$80.00
$80.00
Job Classification: Project Report Writer
4
$90.00
$360.00
Job Classification: Project Accountant
1
$80.00
$80.00
459
$70,320.00
Task 2. All Tasks Identified in Scope of Work- RFP Facility Management Systems
tad
Job Classification: Project Principal
1
$250.00
$250.00
Job Classification: Project Manager
4
$185.00
$740.00
Job Classification: Project Controls Manager
0
$150.00
$0.00
Job Classification: Project Safety Manager
0
$135.00
$0.00
Job Classification: Project QA/QC Manager
0
$135.00
$0.00
Job Classification: Field Assessor MechanicaVHVAC
32
$150.00
$4,800.00
Job Classification: Fluld Assessor Electrical
8
$150.00
$1,200.00
Job Classification: Field Assessor Paving
0
$150.00
$0.00
Job Classification: Field Assessor Fire Life Safety
0
$150.00
$0.00
Job Classification: Field Assessor Architectural
0
$150.00
$0.00
Job Classification: Field Assessor Roofing
0
$150.00
$0.00
Job Classification: Project Accountant
0
$80.00
$0.00
Job Classifcation: Project Report Witter
2
$90.00
$180.00
Job Classification: Administrative Staff
1
$88.00
$80.00
48
$7,250.00
Task 3. All Tasks identified in Scope of Work - RFP Building Facilities Master Plan
Ibll
Job Classification: Project Principal
1
$250.00
$250.00
Job Classification: Project Manager
2
$185.00
$370.00
Job Classification: Project Controls Manager
0
$150.00
$0.00
Job Classification: Project Safety Manager
0
$135.00
$0.00
-
Job Classification: Project QA1QC Manager
1
$135.00
$135.00
Job Classification: Field Assessor Mechanical/HVAC
16
$150.00
$2,400.00
Job Classification: Field Assessor Electrical
0
$150.00
$0.00
Job Classification: Field Assessor Paving
0
$150.OD
$0.00
Job Classification: Field Assessor Fire Life Safety
0
$150.00
$0.00
Job Classification: Field Assessor Architectural
30
$150.00
$4,500.00
Job Classification: Field Assessor Roofing
0
$150.00
$0.00
Jab Classification: Maintenance Program Developer
0
$150.00
$0.00
Jab Classification: Project Accountant
0
$80.00
$0.00
Job Classification: Report Writer
2
$90.00
$180.00
Job Classification: Administrative Staff
2
$80.00
$160.00
54
$7,995.00
Task 4. All Tasks identified in Scope of Work - RFP
Jab Classification: Project Principal
Job Classification: Project Manager
Job Classification: Project Controls Manager
Job Classification: Project Safety Manager
Job Classification: Project QA/QC Manager
Job Classification: Field Assessor Mechanical/HVAC
Job Classification : Field Assessor Electrical
Job Classification: Field Assessor Paving
Job Classification: Field Assessor Fire Life Safety
Job Classification: Field Assessor Architectural
Job Classification: Field Assessor Roofing
Job Classification: Project Accountant
Job Classification: Report Witter
Job Classification: Administrative Staff
Task 5. All Tasks identified in Scope of Work
Job Classification: Project Principal
Job Classification: Project Manager
Job Classification: Project Controls Manager
Job Classification: Project Safety Manager
Job Classification: Project QAIQC Senior Principal
Job Classifcation Field Assessor Mechanical/HVAC
Job Classification: Field Assessor Electrical
Job Classification: Field Assessor Paving
Job Classification: Field Assessor Fire Life Safety
Job Classification : Field Assessor Architectural
Job Classification: Field Assessor Roofing
Job Classification: Maintenance Program Developer
Job Classification: Project Accountant
Job Classification: Report Writer
Job Classification: Administrative Staff
Building Facilities
Capital Improvement Plan
1
$250.00
$250.00
4
$185.00
$740.00
0
$150.00
$0.00
0
$135.00
$0.00
1
$135.00
$135.00
8
$150.00
$1,200.00
1
$150.00
$150.00
1
$150.00
$150.00
1
$150.00
$150.00
24
$150.00
$3,600.00
2
$150.00
$300.00
0
$80.00
$0.00
2
$90.00
$180.00
1
$80.00
$80.00
46
$6,935.00
tall
Brandt
Sauer
Wiegand
Kecman
Kecman
Ramirez
Madden
Secre d/Most
Harman
Smyth
Maenza
Brandt
Sauer
\Niegand
Kecman
Kecman
Ramirez
Madden
SecresVMost
Harman
Smyth
Mae rra
Brandt
Sauer
Wiegand
Kecman
Kecman
Ramirez
Madden
SecresVMost
Harman
Smyth
Maenza
Brandt
Sauer
Wiegand
Kecman
Kecman
Ramirez
Madden
SecresVMost
Hannan
Smyth
Maenza
RFP Coordination with MOD's Facilities Maintenance Program tad
1 $250.00 $250.00 Brandt
24 $185.00 $4,440.00 Sauer
$150.00 $0.00
1 $135.00 $135.00
1 $135.00 $135.00 Wiegand
16 $150.00 $2400.00 Kecman
4 $150.00 $600.00 Kecman
2 $150.00 $300.00 Ramirez
2 $150.00 $300.00 Madden
16 $150.00 $2,400.00 SecresVMost
2 $150.00 $300.00 Barman
120 $150.00 $18,000.00 Smyth
$80.00 $0.00
2 $90.00 $180.00 Maenza
1 $80.00 $80.00
192 $29.520.00
Prime Consultant Total H ours 799 Prime Consultant Total Cost
$122,020.00
Prime Consultant Other Direct Cost
$11,460.00
PRIME CONSULTANT TOTAL COST
$133,480.00
Subconsultant Total Hours 0 Subconsultant Total Cost
$0.00
Subconsultant Other Direct Cost
$0.00
SUBCONSULTANT TOTAL COST
$0.00
TOTAL PROJECT COST: 5133,480.00 135000
Includes Labor Overhear. Fringe Benefit and General Administrative E perces (% of Total Direct Labor Cost)
Loaded Hourly Rate Calculation: $ Actual Hourly Rate X (1+Combined of Overhead&Fringe%) X (1+Fee%)
MIME11.1
$81,300.00
Total Task
Other Direct Cost
Other Direct Cost
Fee
Item l a: Travel Airline
0 RT
$ 1 200 00
$0.00 -
Item 1b: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1 c: Rental Car plus Fuel
15
days $80.000
$1,200.00
Item 1c: Rental Car plus Fuel
1 rental car
15 days
$0.00
Item 2. Reproduction
$ 100.00 DRAFT
$100.00 FINAL
$200.00
Item 3. Supplies/Field Equipmenl/IT
Equipment 0
$500.00 /tablet
$0.00
Item 4. Field Equipment
0 wheels
$100.00 Mheel-tape
$0.00
Item 5. IT Software
VERTEX Initial Admin. Fee
$5,900.00
$5,900.00
Item 6. IT Software
VERTEX Annual Maintenance Fee
$1,180.00
$1,180.00
Item 7. IT Software
AMEC Annual Web Hosting
$2,500.00
$2,500.00
Item 8.
Item 6.
$0.00
$0.00
$10,980.00
$81,300.00
$7,490.00
Total Task
Other Direct Cost
Other Direct Cost
Fee
Item Is: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item lb: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1c: Rental Car plus Fuel
$ 250.00 /night
3 days $80.000
$240.00
Item 1c: Rental Car plus Fuel
1 rental car
15 days
$0.00
Item 2. Reproduction $ -
DRAFT
$0.00 FINAL
$0.00
Item 3. Supplies/Field EquipmenVlT Equipment
0
$500.00 pablet
$0.00
Item 4. Field Equipment
0 wheels
$100.00 Mheel-tape
$0.00
Item 5. IT Software VERTEX Admin. Fee
$500.00 pablet
$0.00
$0.00
Item 6.
0 wheels
$100.00 Avheel-tape
$0.00
Item 7.
Item 5. IT Software VERTEX Admin. Fee
$0.00
Item 8.
Item 6.
$0.00
$0.00
$240.00
$7,490.00
$7,995.00
Total Task
Other Direct Cost
Other Direct Cost
Fee
Item Is: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item l b: Travel Hotel
0 nights
$ 250.00 Inight
$0.00
Item Ic: Rental Car plus Fuel
$ 250.00 /night
days $80.000
$0.00
Item 1c: Rental Car plus Fuel
1 real car
15 days
$0.00
Item 2. Reproduction $ -
DRAFT
$0.00 FINAL
$0.00
Item 3. Supplies/Fled EquipmenVlT Equipment
0
$500.00 /tablet
$0.00
Item 4. Field Equipment
0 wheels
$100.00 Avheel-tape
$0.00
Item 5. R Software VERTEX Admin. End
$500.00 pablet
$0.00
$0.00
Item 6.
0 wheels
$100.00 Avheel-tape
$0.00
Item 7.
Item 5. IT Software VERTEX Admin. Fee
$0.00
Item a.
Item 6.
$0.00
$0.00
$0.00
$7,995.00
$29,760.00
:11n[f-I
Total Task
Other Direct Cost
Fee
Item 1a: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item lb: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1c: Rental Car plus Fuel
0 days $80.000
$0.00
1 radial car
15 days
Item 2. Reproduction $ -
DRAFT
$0.00 FINAL
$0.00
Item 3. Supplies/Field EquipmenVlT Equipment
0
$500.00 pablet
$0.00
Item 4. Field Equipment
0 wheels
$100.00 Avheel-tape
$0.00
Item 5. IT Software VERTEX Admin. Fee
$0.00
$0D0
Item 6.
$0.00
Item 7.
$0.00
Item 8.
$0.00
$0.00
$6,935.00
Total Task
Other Direct Cost
Fee
Item 1 a: Travel Airfare
0 RT
$ 1,200.00
$0.00
Item 1b: Travel Hotel
0 nights
$ 250.00 /night
$0.00
Item 1c: Rental Car plus Fuel
3 days $80.000
$240.00
1 radial car
15 days
Item 2. Reproduction $ -
DRAFT
$0.00 FINAL
$0.00
Item 3. Supplies/Field EquipmenVlT Equipment
0
$500.00 pablet
$0.00
Item 4. Field Equipment
0 wheels
$100.00 /wheel -tape
$0.00
Item S. IT Software VERTEX Admin. Fee
$0.00
$0.00
Item 6.
$0.00
Item 7.
$0.00
Item 8.
$0.00
$240.00
$29,760.00
:11n[f-I
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
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.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
AMEC Environment and Infrastructure, Inc. Page C-1
:DME1f:3
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence 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 and other
endorsements as specified herein for each coverage. 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
AMEC Environment and Infrastructure, Inc. Page C-2
HAME1f:3
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
AMEC Environment and Infrastructure, Inc. Page C-3
MIME1f:3