HomeMy WebLinkAboutC-4603 - PSA for Corona Del Mar Water Transmission MainAMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
r \sA`q CORONA DEL MAR WATER TRANSMISSION MAIN
THIS AMENDMENT NO. THREE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Three") is made and entered into as of this '�&I- day of
February, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ( "Cit)(), and PSOMAS, a California corporation
( "Consultant'), whose address is 3 Hutton Centre Drive, Suite 200, Santa Ana, CA
92707 and is made with reference to the following:
RECITALS
A. On January 25, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement') for engineering design and construction support
services for a 30° water transmission main on Pacific View Drive, down San
Miguel Drive and MacArthur Boulevard to East Coast Highway ( "Project').
B. On January 26, 2012 City and Consultant entered Amendment No. One to the
Agreement to increase the Scope of Services and the Total Compensation
( "Amendment No. One ").
C. On July 20, 2012 City and Consultant entered Amendment No. Two to the
Agreement to increase the Scope of Services and the Total Compensation
( "Amendment No. Two ").
D. City desires to enter into this Amendment No. Three to reflect additional services
not included in the Agreement and to increase the Total Compensation.
E. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated December 10, 2012, attached hereto and incorporated herein by
reference ( "Services" or "Work "). The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
2.1 Exhibit B to the Agreement shall be supplemented to include the Schedule
of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and
incorporated herein by reference.
22 The introductory paragraph to Section 4 of the Agreement is amended in
its entirety and replaced with the following: "City shall pay Consultant for the Services
on a time and expense not -to -exceed basis in accordance with the provisions of this
Section and the Schedule of Billing Rates or Progress Payments Schedule 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 Four Hundred Thirty Two Thousand
Thirty One Dollars and 00/100 ($432,031.00) 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."
3. 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.
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2 A, If 3
In
Aaron C. Harp
City Attorney
ATTEST: �` I' I
Date: �'J'
d,A- - e)�
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Keith D. Curry
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:
Jgseph L. Boyle
Vibe President
Date: ti ZI'3
By: &Am&
Debra Tilson Lambeck
Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services dated December 10, 2012
Exhibit B — Schedule of Billing Rates
PSOMAS Page 2
EXHIBIT A
SCOPE OF SERVICES DATED DECEMBER 10, 2012
PSOMAS Page A -1
Balancing the Natural and Built Environment
December 10, 2012
Mr. Patrick Arciniega, PE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 Newport Boulevard
Newport Beach, CA 92658
Subject: City? of Newport Beach, Public Works Department
CDM Transmission Pipeline Improvements Project
Design Contract Amendment Request
Dear Mr. Arciniega:
Pursuant to our 90% and 100% Comment Review meetings with the City, this letter summarizes the
additional work effort by Psomas to address the requested design changes to the CDM Transmission
Pipeline Improvements project. We attended meetings with the City on October 31, 2012 and
November 1, 2012 to review 90% submittal comments anti participated in subsequent telephone
discussions on November 6 and November 15. Another meeting was held on November 26 to review
the City's comments on the 100% plan and specifications submittal.
We respectfully request an amendment to our current design contract to allow execution of this
additional work effort. The following additional scope of services is anticipated.
PHASE 2 — DESIGN
A. Revisions to Pipeline Alignment
(1) 90% Design Submittal - At the 90% design review meeting on October 31, 2012, the
City provided review comments with design changes that were not part of the original
design scope. In subsequent entails and conference calls on November 6a and 15th ,
respectively, the City requested additional changes to the design plans. Psomas requests
additional budget for this extra work effort as itemized below:
a. Modify the profile of the alignment on Sheet 11 (San Miguel Dr at San Joaquin Hills
Rd) and reroute the interfering crossing utilities, including the 16 -inch water main
(near Station 73 +20) and 6 -inch water lateral (near Station 77 +60). New
reconstruction details for these utilities are required. Modifies Sheets 11 and 18.
b. November 6`i' request to revise the alignment at the intersection
East Coast Highway and MacArthur Boulevard based on a redlined
sketch provided via entailed PDF. The work effort included 3 Hutton Centre Drive
revisions to the alignment, profile, re- stationing, and adjustment of santaAna, cA 92707
call -outs. Modifies Sheets 6,13 and 19.
Tel 714.751.7373
Fax 714.545.8883
V"w Psomas rn
Mr. Patrick Asciniega. PE
Page 2 of 3
December 10, 2012
2NEW060400
c. November le request to revise the alignment at the intersection East Coast
Highway and MacArthur Boulevard based on a redlined sketch provided via emaded
PDF. Since the first revision was already addressed, the second request for revision
required re- working of the same plan sheets. The work effort included revisions to
the alignment, profile, re- stationing, and adjustment of call -outs. Modifies Sheets 6,
13 and 19.
(2) 100% Design Submittal —At the 100% design submittal review meeting on November
26, 2012, the City provided review comments with design changes that were not part of
the original design scope. Psomas requests additional budget for this extra work effort as
itemized below:
a. Modify the plan and profile of the alignment on Sheet 6 ( Macarthur Boulevard at
East Coast Highway), remove General Note 45 on Sheet 2 and revise the alignment
for Lateral "A ". Requires reworking of the steel pipe bend per Ml t. Modifies
Sheets 6 and 19.
b. Modify the regulator valve vault abandonment detail to show a two foot neck of the
access manhole and a modified cut line of the vault walls to avoid unnecessary
encroachment into the No. I traffic lane on East Coast Highway. Send a PDF of the
revised detail to the City for review and comment then address any comments.
Modifies Detail 1 on Sheet 17.
B. Revisions to Traffic Control Plans
(1) 90% Design Submittal -After preparing the traffic plans for pothole and geotechnical
investigations, Psomas felt it prudent to meet with the City's traffic department prior to
beginning the construction phase traffic control plans for the project alignment. Psomas
met with the City to discuss the construction phase Traffic Control on July 18, 2012 and
developed a 22 stage plan to minimize traffic disruption to the citizens of Newport
Beach. At the November 1, 2012 meeting, the City requested full street closures in areas
not discussed in the pre - design meeting and various staging modifications /work hour
revisions for each stage. These revisions have resulted in additional design work
including modifications to incorporate full street closures in the traffic control plans,
changes to the staging to minimize disruption to the public, and work hour revisions to
avoid peak hour traffic/allow the contractor enough time to complete each stage. These
revisions were also updated during the two conference calls that followed this meeting.
(2) 100% Design Submittal —The Traffic Handling Plans and Specifications were modified
further based on the revisions discussed in the meeting on November 26, 2012. The
revisions mainly consisted of updating the waterline alignment, checking the staging,
adding additional detours for traffic movements affected by the pipeline construction,
and updating the specifications to cover the latest project revisions.
Mr. Patrick Arciniega, PE
Page 3 of 3
December 10, 2012
2NEW060400
C. Team Meetings
In our original proposal (and City's RFP) and previous amendments, nine (9) meetings were
included in the budget. Two additional meetings were held for the 90% Design Review and
100% Design Review to discuss the traffic control plan comments and requested changes.
We request additional budget for these unanticipated meetings including teleconference calls
made to clarify comments or request further direction.
D. Bid Phase Services
(1) Provide Bid Phase assistance including attendance of a pre -bid meeting, address
questions from contractors and prepare one addendum, as necessary.
(2) Provide graphic support to City for public outreach map and/or figure.
PHASE 3 — CONSTRUCTION PHASE SERVICES
A. Additional Construction Phase Services
As part of Contract Amendment Nos. 1 and 2 the City added additional length to the project
alignment, including the segment from East Coast Highway to Fernleaf Avenue, the segment
along Dahlia Avenue and 5`s Avenue (from East Coast Highway to Femleaf Avenue) and the
valve relocation at San Miguel Park. The previous amendment requests excluded additional
bidding/construction phase services related to these additional segments. Therefore we have
included additional hours for responding to RFI's, review of shop drawings and preparation
of record drawings.
We respectfully request you review the attached Exhibit "f3" identifying the effort to address
additional scope items. Please consider our request for an amendment and do not hesitate to contact
myself or Neha Gajjar with any questions you may have.
Sincerely,
P S O M A S
Yodeph L. Boyle,4; E.
Senior Project Manager
Vice President
EXHIBIT B
PSOMAS Page B -1
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CITY OF
NEWPORT BEACH
Colty Council Staff Repo
W-1 1111-110 ell I wait agn # MEN 1511 ggj#�Vllj
with PSOMAS increasing the compensation by # for additional design
support constiuction M rize the Mayor and City Clerk to execute
amendment-
I Of 16
Approval of Professional Services Agreement with Willdan and Amendment No. 3 to
Professional Services Agreement with PSOMAS for the CDM Water Transmission Main
February 26, 2013
Page 2
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for the Professional Services
Agreements associated with the Carona del Mar Transmission Main project. Funds are
available in the CDM Transmission Main. Project Account No. 7611 - 06002008.
DISCUSSION:
The City's 1998 Water Master Plan identified the need for a new water transmission main
from Big Canyon Reservoir to the Corona del Mar (CDM) area to provide redundancy,
improve supply pressures and increase fire supply flows. The City completed a preliminary
design alignment analysis report in January 2001 for the CDM Water Transmission Main.
The report recommended an alignment using the street of Pacific View Drive, San Miguel
Drive and MacArthur Boulevard for the new transmission main. In 2007, the City completed
an update to the Water Master plan and reconfirmed the need for this transmission main. In
addition, other water main improvements were identified in the CDM area.
This project calls for a new 30 -inch water transmission main extending from the existing 30-
inch main in Pacific View Drive down the recommended alignment to the existing 30 -inch
main at the intersection of East Coast Highway and MacArthur Boulevard. Additionally, a 24-
inch transmission main will be constructed in Carnation Avenue from East Coast Highway to
Bayside, Drive to replace an older main in Goldenrod Avenue.
The project will also relocate the City's regulator structure with the Metropolitan Water District
System (CM -1) out of the Coast Highway right -of -way in East Coast Highway at Fernleaf
Avenue to a new location at Dahlia Avenue.
Public Services Agreement with Willdan
In accordance with Council Policy F -14, on December 17, 2012, staff invited three firms to
submit proposals for geotechnical and material testing and specialty inspection services for
the water transmission main improvement project. Three proposals were received on
January 7, 2013. A team of Public Works staff members familiar with water main projects
independently reviewed the proposals and evaluated each firm's qualifications, past
experience on similar projects, and availability before ranking Willdan as the most qualified.
Upon selection, staff negotiated with Willdan to provide geotechnical and material testing and
specialty inspection services for a not -to- exceed fee of $187,400,00. Willdan has
satisfactorily completed similar water main testing and inspection services for the City in the
past.
The scope of work for Willdan includes the following:
Geotechnical Services
• Onsite soil technician during trenching operation.
• Aggregate base and asphalt density testing.
• Engineering support, test reporting and QA/QC services.
• Inspection for archeological artifacts and paleontological remains.
2 of 36
Approval of Professional Services Agreement with Willdan and Amendment No. 3 to
Professional Services Agreement with PSOMAS for the CDM Water Transmission Main
February 26, 2013
Page 3
Materials Testing
• Provide onsite lead inspector, with all applicable licenses, for the pipeline installations.
• Inspect structural steel welds and bolting.
• Inspect structural concrete elements and mortar joints. Photograph each joint.
• Engineering support, test reporting and QA/QC services.
Amendment to Professional Services AgreeemmenntAwith PSOMAS
--
Council awarded the design contract to PSOMAS on January 25, 2011. During the design
processes additional services were requested by staff through approval of two previous
amendments. This amendment No. 3 to the agreement will increase compensation by
$55,912 and account for further services necessary for the completion of the Project.
Additional work associated with this Amendment No. 3 includes:
* Modifications to design crossings at major intersections at the City request, pipeline
alignment adjustments and traffic control plan details.
* Additional team meetings to discuss final plan details.
* Additional assistance during the Bid Phase to address questions from contractors,
attend pre-bid meeting and prepare addendum,
* Assistance during the Construction Phase to review shop drawings, respond to BFI's
and prepare record drawings.
* Preparation of outreach presentation material, as requested.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ("CEQA") pursuant to Sections 15060(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.
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:
A
Al/
DavicTW. W6bb
Public Works Director
Attachments: A. Professional Services Agreement with Wildan
B. Amendment No. 3 to PSOMAS Professional Service Agreement
C. Location Map
3 of 36
ATTACHMENT A
PItrlFt MAONAL SERVICES AG RE
WITH WILLDAN 66,0 rF,(A- 1ICALFO
f:;ORONA, DFL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is rnade
and entered into as of this day of February, 2013 ( "Effective Date ") by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and WILLDAN GEOTECHNICAL a California corporation ( "Consultant "), whose address
is 1515 S. Sunkist Street, Suite E, Anaheim, CA 92806 and Is made with reference to
the following:
A. City is a municipal corporation duty 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 perform geotechnical and materials testing
and specialty inspection services for the Corona del Mar Transmission Main
Pipeline Improvements ( "Project "),
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described In this Agreement.
D. The principal member of Consultant for purposes of Project shall be Ross
Khiabani, PE, GE..
E. 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:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014 unless terminated earlier as set forth herein.
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference Into this Agreement. 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 "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
4 of 36
3, TIME OF PURFORMAN(I'L
3,1 Hine is of the essence in the poifortuaru;o of under thia
Agreement and Consultant shall perform the Scrvioos 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
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.
3.1.1 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) days of the occurrence causing the delay to the
other party so that all delays can be addressed,
3.2 Consultant shall submit all requests for extensions of time for performance
In writing to the Project Administrator (as defined In Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand-delivery or mail.
4. COMPENSATION TO CONSULTANT
41 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 or Progress Payments Schedule 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 Eighty-Seven Thousand, Four Hundred Dollars
and 00/100 (187,400.00) 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. Consultants 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) clays 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,
WILLDAN GEOTECHNICAL page 2 of 36
4A Gonsultant shall not rocolvo any compensation for Extra Work pettonned
without the prior written outhoilzation of ("rLy, As used horifln, `Extra Work" nioann any
Work that is dotormineif 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 urithorl7ed Extra Work: shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
6.1 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 Ross Khtabani, PE, GE 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 rernoval or assignment of non-key personnel.
6.2 Consultant, at the sole discretion of Clty, 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 Managers cellular phone number shall be
provided to the City,
G. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Patrick Arcinlega, Senior Civil Engineer, or his designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his designee shaft 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
8A 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
WILLDAN GEOTECHNICAL Page 3 of 36
"Aandn ds" shr 'Ili mean those :standards of practico rarognized by ono (i) or more first -
class fines pctforming saimllar work under dollar cimurnctanc,os.
8.2 All Services shall be porformod by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Wori< conforms to the requirements of this Agreement; all applicable federal, state
and local laws; and the highest professional standard.
83 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
8A 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.
9,1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents 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, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to 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 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 ail 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 attorney's fees In any action
on or to enforce the terms of this Agreement This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
WILLDAN GEOTECHNICAL
10 INDEPENDENT CONTRACTOR
It Is understood that City retains Consultant on an independent contractor basis
rind Consultant Is not an agent or arnployea 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 Contractor 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
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 an 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 and/or his/her
duly authorized designee Informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14, INSURANCE
Without limiting Consultant's Indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at Its own expense during the
term of this Agreement 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 herein 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 tile prior written approval of City. Any of the following shall
be construed as an assignment, The sale, assignment, transfer or other disposition of
WILLDAN GEOTECHNICAL Page 5 of 36
any of thr, Nsued and otiNtanding capital clock ut Consultant, or of tho Interest of any
gonoral pannor or joint venturer or syndicate morobar or cotenant if Con=sultant i.a a
partnership or joint- w -inhoo or syndicate or cotenancy, which shall result in changing t o
control of Consultal it, Control moans fifty pert ettt (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
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, The City is an Intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
17. OWNERSHIP OF DOCUMENTS
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
dellverables 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.
18; COMPUTER DELIVE BLE
All written documents shall be transmitted to City In formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat
WILLDAN GEOTECHNICAL rage 6of36
Iii. CONFIDENTIALITY
All Document% Including drafts, prollmindry drawings or plans, notor; and
communications that result from the Services in this Agreement, siali be kept
confidential unless City expressly authorizes In writing the release of Information:
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, Its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained In Consultant's Documents provided under this
Agreement,
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed Linder this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs Incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement, All such records and Invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and Invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement,
WIMNEMHLWat�
City may withhold payrnent to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment, Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement, Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his/her designee with respect to such
disputed sums. Consultant shall be entitled to receive Interest on any withheld sums at
the rate of return that City earned on Its investments during the time period, from the
date of withholding of any amounts found to have been Improperly withheld.
23, 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
home by Consultant. Nothing in this Section is Intended to limit City's rights under the
taw or any other sections of this Agreement,
WILLDAN GEOTECHNICAL Page IF of 36
24, GIT 4
Y'S RIGHTTO EMPLOY OTHER CONSULTAN fS
City loscrvos, tho 1,10fit to omploy other Gonaultants in connection with the,
25. CONFLICTS OF INTEREST
25,1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such Interest.
25.2 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.
26. NOTICE$
26.1 Ali 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. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Patrick Arcinlega, Senior Civil Engineer
Public Works
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92668
Phone: 949-644-3311
Fax: 949-644-3318
26,2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
WILLDAN GEOTECHNICAL Page, 130f 36
Attn: Ross Kiiiabard, PE, GF
WILLDAN r31 -0 iEGI INICAL
9515 South t3unkist 3treot, fluite E
Anaheim, CA 92806
Phone. 794 -634 -:3318
Fax: 794.634-3372
27. 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: The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 of seq.),
28, TERMINATION
28.9 In the event that either party falls or refuses to perform any of the
provisions of this Agreement at the time and In the manner required, that party shall be
deemed In default In the performance of this Agreement. if such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 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.
29. STANDARD PROVISIONS
29.1 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,
WILLDAN GEOTECHNICAL page 1,; of 36
Uounty' stato and fodoril laws, anal s, foutilation", and pon-nit roquirernoots mid bo
sa Ubjoc,t to approval of the Projoct Administrator and City,
29.2 Walve.r. A waiver by either party of any breach, of any form, 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.
293 Inter rated Con tact. 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,
29A 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.
29,5 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.
29.6 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.
29,7 &t
Severa . If any term or portion of this Agreement is hold to be Invalid,
�Jj
Illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue In full force and effect.
20.8 Controlling Law and Vep a. The laws of the State of California shall
govem 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,
29,9 Egual Opoortunitv 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.
29.10 No Attorneys Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees,
29.11 ter ar �Q �is. 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.
WILLIDAN GEOTECHNICAL Page IV of 36
WILLDAN GEOTECNNIGAL Page t4 of 36
IN WITNESS WHEREOF, Ihi± jxuik.,s have (,wiswd this Agrooment Io Im
oxomited on tho dalos, writton bolow,
APPROVED AS TO FORM*
GHY ATTORN�Y'j OFFICE
City Attorney
CITY OF NEWPORT BEACH,
A California municipal corporation
By:_
Keith Curry
Mayor
ATTEST- CONSULTANT: WILLDAN
Date: GEOTECHNICAL, a California
corporation
Date:
By:
Lellant 1, Brown
City Clark
re
By:
Ross Khlabanl
Director of Geotechnical Services
Roy Gill
Secretary
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
WILLDAN GEOTECHNICAL page 1 2 of 36
E XHIBIT A
SCOPE OF SERVICIiS
f36
yi S p r q [ Af } q , Paoo
WH!i)AH
fMt'Ott2E1i3 fitait
Exhibit t1
Corpos-atu Drictimentnliou
£;os latsa�afe :tuitsslfDrvaxax�Irlp
Wilkhrn Geotechnicat is a division of Willdn Engineering, a wholly -awned subsidiary of
Willdan Group, lac., a publicly traded California Corporation, listed on the NASDAQ stock
exchange.
Willdan Group has provided professional consulting services to public entities since its inception
in 1964. Starting in 1999, Wiildstn Group collected its gootuahnical enginceringservices into an
operating division which did business as arroyo Gcatechnieal until 2003, when it was renamed
Wilklarn Geotechniccal to reflect tho integrated nature of all of Wilidan Group's operating
divisions.
Willdan Geotechnical's principal place of business is located at 1515 S Sunkist Street, Suite E,
A idieain, California.
Management Tenure
Ross 1(hiabani, PE, GE, is the Senior trice President and Director of Gcotechnical and
Material Testing Services of Willdan Geotechnicai. Rasa has lead Wilklan Geotechnical since
2003, He has snore than 30 years ofoxpericuce providing professional geotechnical engineering,
materials testing, and Inspection services in Southern California.
Girish Agtawaxl, Phi), PE, GE, is the principal Engineer for Wilidrin Geotechniaai. Girish has
been with Willdan Gcoteehnical since 2004, He has nearly. 20 yearn of experience providing .
professional gcoteclnxloal engineering and construction support services in California,
Joseph M. Ritchey is the Operations vlanagor for Willdan Geotochnical's Materials Tasting
& Special Inspections Department, Joe has been with Willdan Geotechnical since 2004. Ile has
over 25 years of experience providing construction inspection slid materials testing services, Jae
manages and supervises the material testing, special inspectors, and deployment of inspectors
slid technicians.
leirumcial Winigth
The Willdan Group has sustained a healthy financial performarncc record clue in a strung,
dependable reputation in the engineering consulting and municipal services industries, 'T'here are
no known conditions that will impede Wflldan's ability to successfully complete geoteohnicad
City of Nawport Beach, PuAn4 Works Department
Geoteci�rrlxud hlnazriai Teshnrf: rntd.S>}rrcta>7 JnsuC +;lh7n ninrvlC�'fs �
17 of 36
x �"�Wil i 1)AI "'I
a loot aa;txatcnl
engineering and materials tc kintlia specEiou asslgnmcots for tire City of Newport Reach
Department of Public Worka.
t't"utlect tltidLirstu idlite,
We understand that the City of Newport Beach (City) requires gro €echnical, special inspcvtiota,
materials testing cull nonAll3tructivetesting of all welds for tine Corona Dal Mar Transmisslon
Main Pipeline Improvement Project, This project calls for the installation of 5,300 linear feet of
new 3V CML&TW steel pipe transnnission main extending from Lite existing 30" naaltr in Pacific
View Drive down the proposed alignment to the existing 30" main at the intersection of East
Coast Highway anti MacArthur Blvd,
An additional 2,610 linear feet of new 24" CML&TW steel pipe will tic into the connection of
tine now 30" CML &TW steal pipe at MacArthur Blvd. and East Coast Highway and extend down
Carmulon Avenue to tie into Cho existing 24" water main on Bayside Drive,
The work involves both opera -Cut and jack and bore constraetiom
Tho City's existing regulator structure from Metropolitan Water Distract System (CM -1) in, East
Coast Highway at Fei »leaf Aver +e will be relocated to Dahlia Avenue. The existing CM -1
regulator structure will be removed and a replacement line from tines now regulating structure will
tie Into the existing lime at tine old structure.
Lastly, the construction of the new CM -1 vault in dahlia Avenue will require relocating the
existing a" sower nnahn and installing a new 16" CML &TW shop pipe in Dahlia Avenue and 51"
Avenue.
Scope of Services
Geotechnicat
Witkdan Gooteelnnical understands that our efforts will be directed by tine City's Construction
Manager. We propose to perform all required geatechnucal observation and testing during all
phases of the proposed construction, 'file services will be provided in uccordataoc with tine
applicable building codas, per mquirements of approved project plans, and specifications.
Review of all the plans and specifications. our tear; wilt familiarize themselves with all tine
details of the project.
a Attend preconstraction meeting.
e Soil technician ors site during trench excavation, pipe bedding placement, trench baacklilt
and jack and bore operation with engineering support on an as needed basis, Technician
City of Newport 0e061, Public Works Department
Gantochalool,, hintedat Tostinp, and 'O aoial ios ocOn ..oivictts
18 of 36
VVII
shall per!'ornt all necessary fold testing (nuclear gouge) of compacted backtill to cnsuro
proper compaction for pipe bedding and roadway subsurface.
Soils technician on site to perform all necessary aggregate base and asphalt density testing
at roadways,
• Perform as needed laboratory testing to determine soils engfrtcormig nod Index property.
• Provide engineering support, technician coordination, engineering roview, test reporting,
QA/QC, and administrative support servlces.
• We will promptly submit daily field- testing reports indicating information pertinent to the
work perforated and their compliance or non - compliance to the project documents and
applicable codes: These will be provided to the owner, client and/or building official for
rovicw,
• The written daily reports at a minimum will include, data of issue, project title and
number, name of the individual making the observation and tasting; description of work
areafmatcrint tested, result of observatlo /test data and interpretation of the data, and
professional optrlon as conclusions and recommendations. A sample field daily report
will be presented or the beginning of the job and approved by project construction
manager.
Materials
As stated in the project Understanding section, Wiltdun understands that our efforts will be
directed by die City's Construct ion Managen We anticipate putting a lead Inspector on the project
with all applicable liecnses _ reinforced concrete and structural steer welding/bolting our inspector
will also perform (lye penetrant testing on all welds in order to reduce the need for multiple
inspectors Amite, tour dosignated lead Inspector will also observe trench bottom and placement of
bedding around the pipe.
The lead inspector will coordinate with the City's designated representative in order to ensure that
all Inspections and testing requirements are met: The lead inspector will be supplemented by
additional staffing when deemed necessary by the City's designated representative. The fallowing
is a list of minimum services provided:
o Attend preconstruction and bi- weekly construction meetings,
• Review of all the plans and specifications, Our team will familiarize themselves with ail
the details of the project.
• ICC certified structural steel assomblylbolting inspector daring all phases of structural
steel asseniblytcottvtrruction, Review welder and material certifications prior to field
welding. Observe and/or teat all bolted and welded connections per approved
plansfspcci€icadons and applicable building code requirements:
• ICC certified reinforced concrete inspector during construction of any and all structural
concrete elements, inspect the placement of roinforeing steel for compliance with the
city of tlawpoxt Goaob, rubric works Department
Gsulaa6rrher, hlnkxtaf 1'ostlm). and Spwis'tnspr;dho °3,orvtoos a
19 of 36
�krt/(I [ t )MA
'� Qcps rtrtr�€rn9aai
plans and Spec €ficatfoils, Monitor the placement and LAC of concrete, non- ,shrink grout,
anchors and epoxy. Somplo and test the concrete/non- shrine grout For slump,
temperature and ouniprassive strength,
Inspect interior mortar joints for cracks and take photos of each joint on as- needed basis
on 3p " .and 24" lines.
Provide engineering support, lnspectorltechniciau coordination, dispatch, material
engineering review, test reporting, QA/QC, and administrative support services,
Observation and inspection of external corrosion protection of pipe field welded joirits,
Arcliaeologlcaltl *n]aorrtotoglenl ]i�oniforltrg
Tito archaeological monitoring is to ensure that known archaeological resources are tint
inadvertently impacted by construction activities or equipment and to identity buried
archaeological material that could be destroyed by construction, AnJutcniogiogl material consists
of objects modificd or used by people in the past; Such material may consist of features or
artifacts, such as hearths, projoctile paints and other sterns touts or historic -age artifacts or
Features, such as refuse deposits or foundation walls or footings,
The paleontological monitoring is to identify buried fossil material that could be destroyed by
construction, Fossil material consists of time remains of plants and anitnals, which existed on
earth prior to mankind. Such material may consist of fossil"a2ed bone, teeth, leaves, stems, shells,
etc.
The archaeologicaltpaleontologtcal monitoring will be performed under the direction of the
experts following all written and verbal safety instructions from the construction contractor at all
tinier. Tire only exception is iFtwhen a monitor nccdr to temporarily cilhor° stop construction or
route construction around a sensitive atert or finds exposed by the construction activities. ]n those
cases, the authority to divert cquiptriont and activities lies with the monitor and not this
construction contractor, All manatees have training and experience working around construction
equipment anti will coordinate with the applicable equipment operator to ensure the safety of all
persons in the construction urea,
city of Newport Boater, Putrltc Works thipartioeat
tBwkc l!R;x' M alodai 7,+34>frirt, ondP r:ar;t�tlasixidion Szrt Baas 4
20 of 36
EXHIBIT
SCHEDULE OF BILLING RATES
WILLDAN GEOTECHNICAL Page B-1
Sob Technician
Field Vehicle Usage
Project Geotecianicai Engineer
Equipment Usage- dVo Charge
Soil Compaction Curve
Solt Gradianon
WE Gradation
Asphalt Max. Usually
Sand Equivalent
SOILS & AGGREGATE TESTING & O'
,HNICIAN SERVICES
hnician Field (Interior Inspect %a & Photos)
TUCTURAL STEEL WELDINGrOOLTiNG
Mr
$
78
700
$
62,244
Fir
$
5
798
$
3,909
Fir
$
175
32
$
5,600
Hr
$
-
0
$
Ea
$
165
5
$
825
Ea
$
63
2
$
139
Ea
$
175
3
$
6"
Ea
$
175
3
$
626
Ea
$
66
4
$
284
He $ 76 64 $ 4,694
Maid Welding 1 Bolting Inspection Hr $ 7a 784 $ 60,000
Non- Dealructive Testing - ( Dye Penetrant) Hr $ 6 784 $ 4,784
In addition to inspector rate
QAIQC ENGINEEKINQ IG A0MINI3TRA1't,VF SUPPORT 13EKVIOLU
Supervision, Olspatcli & QA Q0 Hr $ 69 110 $ 7,480
Adminfatrativedryping Support fir $ 32 60 $ 1,020
Engineering Review & QAfQC Hr $ 32 975 $ 6,600
QA/QC ENGINEERING & ADMINISTRATIVE SUPPORT SERVICES TOTAL: $ 95,000
ARCHEOCOGtGAL AND PALEONTOLOGICAL 'MONITORING i
Field Monntorino and Final Recede (estimated) $ 30,000
TOTAL ESTIMATED COST: $ 187,400
22 of 36
Corona Del Mar ftler'fransialssfolMalts Confistruciforn
Effective January '1.20,13 tr? farciJect Cm illation
i15 1- INICAL S7AFF
.....
t,3. 1999N Mla
PrincipalfGhlef EtiglneerlGeologist ........ ............................199
Senior Geafachnfoal EmcunedGeolodIst ........................17&
ProjoatEnfilmoe(Geialagist . .... ........ ... ......................980
Samar $tePfEn9inearlGao# act €st ......................... ..... „..$24
Staff Eng€ncedGeologlst .............. ............................900
Sr. Sell Technician (Norl- larevafitng Wages) ............. „.......,,70
Sr. Soff'rechnletan (Prevailing Wages) .........................78
Soil Technician (Nan - prevailing Wages) ....... ... ......... .........
70
Soil Technician (Prevailing Wages) ....... ........... .<....... .....,,.,,7$
safi1AUvMarforf
Constr ictlonMaterialEnglnaerE„., „ ..............................
955
Supervisor..,,.,. ...............................,..,. ...,.....,,,..........,.......,
110
Special Inspection (Non- Provalling Wager)., ..... ........
60
Special inspection (Preval€Fng Wages) .... .............................75
Carmelo Test Report ....... ....... ...... ............ ..............:....
10
Of 0,11
AMINIMATIVE
computer Data Entry ..........................75.60
Cdefloal,,,,,,,,,,,,,,,,„. ...,,,,,.........,...,..,,,.... ...,.................,.... 75.00
Word Processlml ........... ............................... .........60.00
.._ ................... .........15.00
CAD Oporator,,.,.... ...... ........ 05,00
a PE& WITNESS
Pririmpa! EntpfnaerlSeoiogj5i.: „.,.. ......... 50.06
-Staffassigni antssdapendonavailabldtyofPernsonnel ,sitelocation and the tevalof experience thatwillsell *thetechnica €requirementsof
the project and meettho prevaliing standard of profossional care. The above s hadula is for i traloht tine, Overtima will be charged at 9.5
Hines, and Sundaye and Midays,.2.0 times the standard rates. Travel time to and from thajob siteMll be charged attha hourly ratites lorthe
appropriate personnel. Gluepr inting, reproduction, messenger services, and priming will be tnvolood at cost plus fifteen percent (15 %), A
subs iasuttnnt manrgementfee of fifteen percent (15%) W ff be added to the direrA coat of all subeansuffant services to provide for the cost
o €am akilsttafion, consultation, mid coordination.
Pago 1 of 2
23 of 36
= «ti 4;1,'1, tIl,llc,
Oorona Del Mar Wntffl* rar7a117tsaiorr Main Cturshundon
Efreotive .lantialy 1, 2013 to Project Completion
Identification €owl hidair ttroportdsa
In -Siht Moisture and Density (ASTM D2937).........,......20,00
Grain Size Analysts (ASTM 10422)
6 load. increments Wove ti me- rate ........................« «...100.00
Sieve only (W to #200) ................... .. ....... --
-70:00
sieve and t ydromater .............V0.00
Additional `ins rata per load Increment,,..,
Percent Passing #200 Sieve (ASTM DI 140) .............
50.00
Anerberg Units (ASTM 04318)
Single Goad Swell (ASTM D4646)
iUIU Point ......... ........ -- ......,;..
'190.00
Ono Point :..
76,00
Sper.iffic Gravity (ASTM [YdSA).,.,,.. .n,.... .....
Zis.00:
Sand Equivalent (ASTM D2419).... .....,..........
76.00
Compaction and searing'strength
10o lfietlProcterCompact ion(ASTMD9557)
Method A or S 01" Motd) .............. .........................105.00
Method orb (6" Mold) .......................... „,:.....,............175.00
Compaction, California 216 ..................... ..............:..........180.90
California Ooaring: Rata CSR (ASTM D1883)
3 patois........... ... ............. ................4p0.W
N- Val ue ..... ............... ........... --- .......... ......... ..... - ...... ,, 260,00
'Shear �t"rettgtfr
TorvanefPockat Penetrometer. ....... ............................... 45:00
Diract 8hoar -per point
Corso &talad - Drained per pt. (ASiM 03080) ................. 85.00
Roskitrat per pt------ .................... ..... ........... ..120.00
Unconfined Compression (ASTM 02906). ....... f20.00
Unconeolidated- Undmined (U ) .............. ..............,,.......150,00
Asphalt feasts
ExtractiontAsphalt ... ............ ..... ...... ....... .... .... - . ....... --- 485
Hveern Marshall Maximum Density ,. ...... ......................... 220
WashGradation ................. ........ ...... ... ...........:..:.........:...:.. 900
Cousolldalloulcolispse and swall re".4 -s
Consrolidatte n (ASTM D2435)
6 load. increments Wove ti me- rate ........................« «...100.00
Additional loadincronant . :............. ... ...... ...................2li,09
Additional `ins rata per load Increment,,..,
50.00
Single point (collapse teat)...,. ....,.... .......
50.O0
Single Goad Swell (ASTM D4646)
Ring Urnopla. O d wedsture ................. :........................
70.00
Ring sample, air dried --- ............. ......... ....;..,.70.00
Remolded sample per speolmen ...
50,00
Expansion Index (ASTM 048201US0 29.2) ....126,00
er s-
Constant Head (ASTM D2434) ......... .........................236.00
rolling Head.Clexible Wall (IAst-m U5084). .... ........... 285X0
Triaxial Permeability (EPA 9100),— ....... ...............330.00
Chemical Tests
Corroslvily (pH; resistivity; sulfates, dimrldes).,........ 965,00
Organic content (ASTM D2974) —..... 70.00
Ccatistructim, material resting'
6 X12 Concrete Cylinder (C39) .......... ..........................20.00
2”, d ", G" Diameter Concrete Gores (Test Only)— ... .... 30-00
Mortar and Gmul, Cylinder and Cubes ........ .........20.070
Relnforcing Steel, Tensile and Send Tests ..................4&oo
Cylinders Pick -up..; .....:......... .........................45,00
Unit rataspr6sent9d are for routinely parformodgeotschntcal and construction material Iaboratorttosts,Other tests can be performed In our
laboratory, Inuludirm rock core, soft comer], and sell limo tests, Additional teals wif) be quoted on request. The rates will remain firm for a
perfect of 120 days from the dole of this sebnn`Ilat. Unit raise presented herein assume samples are uncontaminated and do not contain
heavy metals, acids, Carcinogens, or volatile ortfaniscamporrma that can be measured by an OVA or ItiDwith concentrations greaier0utn
50 plan. Wilidan will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of test
results.
Page 2 of 2
rArinoudng 1 anatedricel I Eiloommervai I Ftuent741 t Narerelttrui 9omrdty _
714,eS4.2318 11W, 714.434,3372 1 1515 8, Sunfst atmel, Suite a, Anaheim, no 82,700 I prr�wm4raan 'Corn 24 of 36
EXHIBIT C
IN5URANCE REQUIREMENTS — PROFESSIONAL SERVICES
11 Provsion 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.
1.2 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 Vil (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 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.
13, 1,1 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.
13,2 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, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products-completed 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,
1.3.3 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 the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non-owned or rented vehicles, In an amount not less than one
million dollars ($1,000,000) combined single limit each accident,
f 36
WIL.LDAN GEOTECHNICAL Paqe C-1
1 ial Lr b! yjLq�(n,,A, uniqstong -V anco, Gow3ultant
shall maintain professional liability insurance that cover-, the Services to be porfoirnod
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 most 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,
1.4 Other insurance RqqgkgD2OLs. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4,1 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 suboonsultants.
1.4,2 Additional lnsuredL_Status. All liability policies Including general
liability, excess liability, pollution liability, and automobile liability, 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,
1.4.3 PrImpa 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.
1 A Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ton (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1,5 Additional Aareements Between the Parties. The parties hereby agree to
the following:
1.6.1 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 workere compensation and other endorsements
as specified herein for each coverage, Insurance certificates and endorsement must be
approved by City's Rlsk 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
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.6.2 at The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
�- -06
WILLDAN GEOTECHNICAL Page C-2-
.,mch change. If such change rosults in substantial additional cost to the C,On.cultant, the
City and Consultant may renegotiate Consultant's cornpensation,
1,53 gnforcernent of Agreement P , Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to Inform Consultant
of non-compliance with any requirement imposes no additional obligations on the City
nor does It waive any rights hereunder.
1,5.4 , requirements not jUnitin 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,
1,5.5 Self insured Retfions. Any self-insured retentions must be
declared to and approved by City, City reserves the eight 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.
1.5.6 City, Remedies forngj�Comaiiance If Consultant or any
subconsultant falls 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.
1.5.7 Tlnlelv Notice of _Clalms. Consultant shall give City prompt and
timely notice of clairris made or suits Instituted that arise out of or result from
Consultant's performance under this Agreement, and that Involve or may involve
coverage under any of the required liability policies,
1.5.8 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,
36
WILLOAN GEOTECHNICAL Page C-3
ATTACHMENT B
AMENDMENT NO. TI-IREL TO
I'ROVV' SSI NAL SERVICES A(�REEMLNT
WITH PSOMAS FOR
C'OR NA DEL MAR WATER TRANSMISSION MAIN
THIS AMENDMENT NO, THREE TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. Three ") is made and entered into as of this day of
February, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a
California Municipal Corporation ("City`), and PSt MAS; a California corporation
("Consultant"), whose address is 3 Hutton Centre Drive, Suite 200, Santa Ana, CA
92707 and is made with reference to the following:
A. On January 26, 2011, City and Consultant entered Into a Professional Services
Agreement ( "Agreement") for engineering design and construction support
services for a 30" water transmission main on Pacific View Drive, down San
Miguel Drive and MacArthur Boulevard to East Coast Highway ( "Project ").
B. On January 26, 2012 City and Consultant entered Amendment No. to the
Agreement to increase the Scope of Services and the Total Compensation
( "Amendment No, tine ").
C. On July 20; 20112 City and Consultant entered Amendment No. Two to the
Agreement to increase the Scope of Services and the Total Compensation
( "Amendment No. Two "),
D. City desires to enter into this Amendment No. Three to reflect additional services
not included in the Agreement and to increase the Total Compensation.
E. City and Consultant mutually desire to amend the Agreement; as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated December 10, 2012, attached hereto and Incorporated herein by
reference ( "Services„ or "Work "). The City may elect to delete certain Services within
the Scope of Services at Its sole discretion.
2. COMPENSATION TO CONSULTANT
2.1 Exhibit B to the Agreement shall be supplemented to include the Schedule
of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B, and
Incorporated herein by reference.
2,2 The introductory paragraph to Section 4 of the Agreement is amended in
its entirety and replaced with the following: "City shall pay Consultant for the Services
28 of 36
on a time and oxponse not-to-exceed basis in acuoidanco with the provisions of this
Section and tiro Suhodule of Billing Rates or Progresv Payments 8chedule attache d
herete as Exhibit B and incorporated herein by reference. Consultant's cornparisation
for .911 Work performed in accordance with this Agreement, Including all reimbursable
items and subconsultant fees, shall not exceed tour Hundred Thirty Two Thousand
Thirty One Dollars and 001100 ($432,031.00) 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."
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
LIM MEN 11111119 1 *1AjWff&M*ffij22L4j
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: 1qf
,V ( L11 By;
Aaron C. Harp Keith D. Curry
City Attorney T16 Mayor
ATTEST: CONSULTANT: PSOMAS, a California
Date:- corporation
Date:
By:_
Lellani 1. Brown Joseph L. Boyle
City Clerk Vice President
By:
Debra Tilson Lambeck
Secretary
Attachments: Exhibit A — Scope of Services dated December 10, 2012
Exhibit B — Schedule of Billing Rates
PSOMAS Page A of 36
EXHIBIT A
SCOPI.i OF SERVICES DATED DECEMBER 10, 2012
PSOMAS page A-
of 36
Uionstng the flaeuai and naitt ElIviruanlaat
December 10, 2012
Mr. Patrick Arcinlega, PE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 Newport Boulevard
Newport Trench, CA 92658
Subject:: City ofNewpartBeaeh ,Public WorlisDepartment
C7DM Transmission Pipeline Improvements Project
Design Contract Amendment Request
Dear Mr. Arciniegx
Pursuant to our 90% and 100% Comment Review meetings with the City, this letter summarizes the
additional work effort by Paomas to address the requested design changes to the CDM Transmission
Pipeline Improvements project. We attended meetings with the City on October 31, 2012 and
November 1, 2012 to review 90% submittal comments and participated in subsequent telephone
discussions art November 6 and November 1S, Another meeting was held on November 2fi to review
the City's comments on the 100 ° /a plan and specifications submittal.
We respectfully request an amendment to our current design contract to allow execution of this
additional workeffort. The following additional scope of services is anticipated,
PHASE 2 — DESIGN
A. Revisions to Pipeline Alignment
(1) 90% Design Submittal - At the 90% design review meeting on October 31, 2012, the
City provided review Comments with design changes that were not pail of the original
design scope. In subsequent eeails and conference calls on November 6 ", and 15`a,
respectively, the City requested additional changes to the design plans. Psomas requests
additional budget for this extra work effort as itemized below:
a:. Modify the profile of the alignment on Sheet I t (San Miguel Dr at San Joaquin bills
Rd) and reroute the interfering crossing utilities, including the IS -inch water main
(near Station 73 +20) and 6-inch water lateral (near Station 77 +60), New
reconstruction details for these utilities are required, Modifies Sheets 11 and Is,
b. November On request to revise the alignment at the intersection
East Coast Highway and MacArthur Boulevard teased on a redlined
sketch provided via ernaued PDR The work effort included a flwlon Centre Dam
revisions to the alignment, profile, re- statiouuag, and adjustment of Suite s
call -nuts. Modifies Sheets 6,13 and 19. i Ai as 9,27e7
,&1 714,76
Fufl,1,E9e,080
wxw:pJemas.com
31 of 36
Rir, Patrick Arclategn, 111.
Pace 2cf3
December to, 20 t2
2NEu<060400
u. November l6'h request to revise the alignment at the intersection Gast Coast
Highway and MacArthur Boulevard based on a redlined sketch provided via credited
PDR Since the first revision was already addressed, the second request for revision
required re- working of the same plan sheets, The work effort included revisions to
the alignment, profile, rc.stathadng, and adjustment of call -outs, Modifies Sheets 6,
13 and 19.
(2) 100% Design Submittal —At the 100% design submittal review meeting on November
26, 2012, the City priwided review comments with design changes that were not part of
the original design scope. Psomas requests additional budget for this extra work effort its
iternized below;
a. Modify the plan and profile of the alignment on Sheet 6 (Macarthur Boulevard at
East Coast Highway), remove General Note 45 on Sheet 2 and revise the alignment
for Lateral "A ". Requires reworking of the steel pipe bend per M1.1. Modifies
Sheets 6,and 19.
b. Modify the regulator valve vault abandonment detail to show a two foot neck of tite
access manhole and modified cot tine of the vault walls to avoid unnecessary
encroachment into the No. I traffic Lane on Gast Coast Highway. Send a PDR of the
revised detail to the City for review and comment their address any comments,
Modifies Detain on Sheet 17.
D. Revisions to Traffic Control Plans
(1) 90% Design Submittal - After- preparing the traffic plans for pothole and gemechnical
investigations, Psomas felt it prudent to meet with the City's traffic department prior to
beginning the construction phase traffic control plans for the project alignment. Psomas
met with the City to discuss the construction phase Traffic Control on July 13, 2012 and
developed a 22 stage plan to minimize traffic disruption to the citizens of Newport
Beach: At the November 1, 2012 meeting, the City requested full street closures in areas
not discussed in the pre - design meeting and various staging modifications /work hour
revisions for each stage. These revisions have resulted in additional design work'
including modifications to Incorporate full street closures in the traffic control plans„
changes to the staging to minimize disruption to the public, and work hour revisions to
avoid peak hour traffic /allow the contractor enough time to complete each stage. These
revisions were also updated during the two conference calls that followed this meeting.
(2) 100% DesignSubmittsl —Tile Traft3c Handling Plans and Specifications were modified
further based on the revisions discussed in the meeting on November 26, 2012. 'file
revisions mainly consisted of updating the waterline alignment, checking the staging,
adding additional detours for fri f7c movements affected by the pipeline construction,
and updating the specifications to cover tine latest project revisions,
32 of 36
Lir_ PatrirP Archu'ij;n, PR'
Page 3 of .3
December 10, 2012
2NT V0601100
C. Team Meetings
ht our original proposal (and City's RPP) and provious arnendntents, nine (9) meetings were
included in the budget. 'Iwo additional meetings were held for the 90% Design Review and
100% resign Review to discuss the traffic control plan comments and requested changes.
We request additional budget for these unanticipated meetings including teleconference calls
made to clarify comments or request further direction.
M Did Phase Services
(1) Provide Bid Phase assistance including attendance of a prebid meeting; address
questions from contractors and prepare one addendum, as necessary.
(2) Provide graphic support to City for public outreach map andior figure.
PHASE 3 — CONSTRUCTION PHASE SERVICES
A, kkdditionnlCfor astructfouPlrsseServlaea
As part of Contract Amendment Nos. I and 2 the City added additional length to the project
alignment, Including the segment from Gast Coast I ligbway to Pernleaf Avenue, the segment
along Dahlia Avenue and 5t4 Avenue (from Fast Coast Highway to Fernleaf Avenue) and the
valve relocation at San Miguel Park. The previous amendment requests excluded additional
bidding/construction phase services related to these additional segments. Therefore we have
included additional hours for responding to ib`i's, review of shop drawings and preparation
of record drawings.
We respectfully request you review the attached Exhibit "B" identifying the effort to address
additional scope items. Please consider our request for an amendment and do not hesitate to contact
myself or Neha Gajii r rvith ally questions you may have.
Sincerely,
P S O M A
r' oseph l,. F oyle,i .YL.
17e7401' Pr gjert Maatagex
Vice President
33 of 36
EXHIBIT P3
SCHEDULE OF BILLING RATES
PSOMAS rage S_ Of 36
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35 of a
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS FOR
CORONA DEL MAR WATER TRANSMISSION LINE
THIS AMENDMENT NO TWO TO AGREEMENT FOR PROFESSIONAL,
SERVICES ( "Agreement ") is made and entered into as of this 2U+k day of }vric�
2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California
1 Municipal Corporation and Charter City ( "City "), and PSOMAS, a California corporation
(� ( "Consultant "), whose address is 3 Hutton Centre Drive, Suite 200, Santa Ana, CA
v 92707 and is made with reference to the following:
RECITALS
A. On January 25, 2011 City and Consultant City entered into a Professional
Services Agreement ( "Agreement ") for engineering design and construction
support services for a new thirty inch (30 ") water transmission main ( "Project ").
B. On January 26, 2012 City and Consultant entered Amendment No. One to the
Agreement to increase the Scope of Services and the Total Compensation
( "Amendment No. One ").
C. City desires to enter this Amendment No. Two to increase the Scope of Services,
increase the Total Compensation and update insurance requirements.
D. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the additional
Services described in the Scope of Services attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of the
Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
2.1 Exhibit B to the Agreement shall be supplemented to include the additional
compensation described in the in Schedule of Billing Rates attached hereto as Exhibit B
and incorporated herein by reference.
2.2 The introductory paragraph to Section 4 of the Agreement shall be
amended in its entirety and replaced with the following: City shall pay Consultant for the
Services on a time and expense not -to- exceed basis in accordance with the provisions
of this Section and the Schedule of Billing Rates or Progress Payments Schedule
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Seventy
Six One Hundred (Nineteen Dollars and 00 /100 ($376,119.00) 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.
3. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with
the following: Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement 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.
4. 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]
PSOMAS Page 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: L- Z -h Z,
By:
Aaron C. Harp
City Attorney'�"�'�'�
ATTEST:
Date:
By:
Leilani I. rown
City Clerk
�aaaa-
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: `111��12�,��_
By:
Dave
City Manager
CONSULTANT: PSOMAS, a California
corporation
Date: (0/29 /12
By:
Jo hep L. Boyle
Vic' esident
Date: 2
By:
Debra Tilson Lambeck
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
A11-01368/r\apps\cat\cycom\wpdocs\d021 \p005\00010750.doc
PSOMAS Page 3
Balancing the thlwml and Built Envimmnent
June 12, 2012
Mr. ,Patrick Arciniega, PE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 Newport Boulevard
Newport Beach, CA 92658
Subject: City of'Newport Beach, Public Worts Department
CDM Transmission Pipeline Improvements Project
Design Contract Amendment Request
Dear Mr. Arcihiega:
Pursuant to our 60% Comment. Review meeting on March 21, 2012 and subsequent telephone
discussions, this letter summarizes the additional work effort by Psomas to address the requested
design changes to the CDM Transmission Pipeline Improvements project. We.. respectfully request an
amendment to our current design contract to allow execution of this additional work effort.
The following additional scope of services is anticipated
PHASE 2 — DESIGN
A. Revisions to 60% Design Construction Plhris
At the 60% design review meeting on March 16, 2012, the City provided review comments
with design 'changes that will require significant revisions to the base CAD files for the
construction drawings. Psomas requests additional budget for this extra work effort as
itemized below:
(1) Modify front end sheets to match Irvine Boulevard project in lieu of the sample front"end
sheets provided at the start of the project. Modifies Streets 1, 2 and 3;
(2) Revise the alignment for - portions of Carnation Avenue, MacArthur Boulevard and. San
Miguel Drive, including restationing alignment, re -cut sheets to adjust for match lines,
and adjusting all call -outs. Mollifies Sheets 4 -12.
(3) Revise the scale of the domestic water drawing in Dahlia Avenue and 5'h Avenue from
40 -scale to 20- scale, including. adjusting all call -outs, modifying the
profile grid, extending the window to include the intersection of 5"h
Avenue and 'Goldenrod Avenue, and possible revision to sheet layout
3 Hutton 20 Centre Drive
to include all portions of the alignment for the desired scale. Modifies Suite zoo
Sheet 14. Santa Ana, CA 82787
Tel 714:751.7373
Eay.714.545.8883
w ?I.Psomas.com
Mr. Patrick Arciniega, Pi?
Pagc 2 of 3
Junc 12, 2012
2NEIV060400
(4) Revise the scale of the sewer alignment: drawing from 40 -scale to 10 scale, including
abandoning portions of existing sewer, designing the relocated sewer lateral, adjusting
all call -outs and modifying the profile grid. Modifies Sheet 15.
B. Traffic Control Plans for Geotechnical Investigation
During the Geotechiiical Engineer's permit process, the City requested formal traffic control
plans (not WATCH Manual) for two of the proposed soil boring locations. As this was not
included in the original proposal, we have included time to prepare traffic control plans for
the soil borings and address any City comments.
C. Traffic Control Plans for Poihole Investigation
In'the original proposal, the pothole subconsultant (Underground Solutions, Inc.) included
budget for preparing a limited number of traffic control plans, assuming most of the traffic
control work could be performed. using the "WATCH Manual. After review of the current
pothole exhibit, the City Traffic Engineer is requiring traffic control plans for a majority of
the proposed potholes. We have included time for Underground Solutions to prepare the
additional traffic control sheets as required and to address any City comments:
D. Construction Details for Tie -ins along Carnation Avenue
The City requested the proposed 24 -inch transmission main in Carnation Avenue be
connected to the existing distribution mains in I" Avenue, 2 "d Avenue and 4'^ Avenue. The
additional details required for these connections will be included in the 90% design plans.
G.. Construction Details for Storm Drain Pipe Re- Construction in Pacific View Drive
Provide design and construction details for re- construction of a storm drain pipe between two
catch basins in :Pacific View Driver near the intersection with San Miguel Road. Two 2,1-
inch new pipes will replace the existing 30 -inch pipe to lower the top of pipe and allow the
proposed 30 -inch transmission main to be constructed over the storm drain while maintaining
a constant slope and adequate ;pipe cover. Details. will also be prepared for modification of
the existing catclibasins to accommodate the rfaw pipe sizes.
F. Construction Detail for Valve Relocation near San Miguel Park
The City has requested a new detail be added to the construction plans to show the relocation
of an existing 24 -inch transmission main valve currently located in the southwest corner of
San Miguel Park to a location within City right -of -way. The City provided an exhibit on
April 23, 2012 showing the preferred location in the bike lane of San Miguel Drive. The City
understands the construction effort will encroach, upon the existing sidewalk and require
partial reconstruction.
The City will provide topography (by Eagle Aerial) with 2 -foot contours for use in the
design, therefore no surveying is anticipated, Psomas will contact the utility agencies to
obtain record information of their facilities. Traffic control plans are not included into this
work effort, as the City will allow construction traffic control per the WATCH Manual. The
plans will show the existing valve to remain in.place, however the valve can and lid will be
Mr. Patrick Arciniega, PE
Page 3 of 3
June 12, 2012
2NEw060400
removed and slurry filled. The design plan and profile will be based on record information
with placement ofthepipe based on interpretation of the 1967 record plans. Accordingly, the
contractor will be required to pothole and field modify as necessary.
G. Additional Effort during Preliminary Design of Pressure Regulating Vault
Additional effort was spent working with City staff 'on alternative configurations and
locations of the pressure regulating valve vault in Dahlia during the preliminary design
phase.
11 Additional Project Management
Additional time was ;expended on project management and project coordination due. to
extended project schedule initiated by the City. Original proposal by Psomas was based on
completion of 60% design and review comment- provided by City on August 5, 2011
(approximate 8 month delay).
1. Team Meetings
In our original proposal (and City's RFP), six (6) meetings were included in the budget. As
of the 60% Comment Review Meeting held on March 21, Psomas has attended six (6) team
meetings with the City. We have included three (3) additional team meetings for the
remainder of the design; phase of this project.
Exclusions
Items or tasks specifically excluded from scope of services include:
• Design of sump pump equipment and appurtenances in regulating valve vault.
• Survey or traffic control plans for the valve relocation detail near San Miguel Park.
• Additional bidding/construction phase services associated with the additional scope of work
described above.
We respectfully, request you review the attached 'Exhibit B ' identifying the effort 'to address
additional scope items. Please consider our request for an amendment and do not hesitaWto contact
myself or Neha Gajjar with any questions you may have.
Sincerely,
P S ®M A S
'Joseph L. Boyle, R
Senior Project Adonager
Vice. President
EXHIBIT B
[Consultant Firm Name] Page B -1
Schedule of Billing Rates
EXHIBIT B
CITY OF NEWPORT BEACH
Corona Del Mar Transmission Pipeline
Addillnral Engineefing.Serdces - Design Ccrlaaet Amendment Request
Estimated Labor Hours and Fees
CC- Quality Control ($185111r)
PE= Project Engineer ($162/hr)
SE- Structural Engineer (9162fir)
Uhl- Ualltles Research ($117ihr)
CADD— Lead. CAD Dmilner($11elho
PA- Pm16"ASSlstant($951hr)
Tralsm- Traffic Contml (Avg Rate $117'1r)
_ _
PM DC
..
PE
In.HOUeo Latior Hours
_ _
SE - Ulil RW
_..
CADD.
.. _
PA
_
'T.M.
_ ..
Tatgl.
- Hour•',
5Subconsultants
Potholing --
_— "
Hours 5
-
Total
Mount
-
Direct
Casts
-
Phase 2= .Design
0
0
18
0
-��
0
0
$0
s0
$3500
_ So—
$0
$0
so
110
21
18
20
47
59
44
_48
19
$100
$50
SO
so
_ $25
$25
$50
so
$50
015,856
$2:724
53,500
$2,569
_ $6,250
$7,770
$6,234
$7,448
52,961
A 1Revlslonsto 60 % Deslgn Construction Plans
14 6 28 0 0 0 60 0 _ 0 110
1 0 2 0 0 0' 0 0 16 21
0 0 0 0 0 0 0 0 0 0
1 1 �i 4 0 0 0 12 2 0 20
_
^2. 1. „ 8 � 6 _ 0 D 24 4 I 0 47
6 1 12 .2 8 0 24 6 0 59
_ 4 0. _ 16 0 0 0 24. 0 0 44
16 e 0 24 '0 0 D 0 a 0 48
6 0 9 C 0 0 1 3 0 19
S15,756
$2674
SO
$2,569
36 225
S Traffic Control Plans,for Geotech Investigation
C ,.Traffic Control Plans for Pothole Investigation
D Metails for Tio -Ins Along Carnation Ave.
-
E
_ —_
'Retlesi n Storm Drain Pi
g pe in Pacific View Dr
F
Detail for Valve Relocation near San Miguel Palk
$7,745
$6184
_ $ 448
.52,911
G jAddidonal.EHon in Prelim Des ofPRVault. v _
H ,Addidonal Pfc4ect Managemmt &.Coordination
0 so
0 __. $0
0 SO
I Addillonal Team Meetings
Subtotal Phna2
50
I it
a 102
10 a
8
0
145
23
16
368
$51,512i
18
S3.500
386
5300
655,312
Cred$(FundsTMM ConStmetion Staking Task)
I
'1
1 (516,044).
(516,044)
Total Phase 21
1 1
1 S35.468
I
539,268
CC- Quality Control ($185111r)
PE= Project Engineer ($162/hr)
SE- Structural Engineer (9162fir)
Uhl- Ualltles Research ($117ihr)
CADD— Lead. CAD Dmilner($11elho
PA- Pm16"ASSlstant($951hr)
Tralsm- Traffic Contml (Avg Rate $117'1r)
EXHIBIT C
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 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.
1.2 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.
1.3 Coverage Requirements.
1.3.1 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.
1.3.1.1 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.
1.3.2 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, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed 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.
1.3.3 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 the Consultant arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit each accident.
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
[Consultant Firm Name] Page B -1
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.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, 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.
add;t;ongl
1.4.3 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.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 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
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
[Consultant Firm Name] Page B -2
1.5.4 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.
1.5.5 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.
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.
1.5.6 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.7 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.
[Consultant Firm Name] Page B -3
r�
'1
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
PSOMAS
FOR CORONA DEL MAR WATER TRANSMISSION MAIN
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. ONE "), is entered into as of this. — _gWday of i dk1U
201,- by and between the CITY OF NEWPORT BEACH, a California Municipal
Corporation ( "City "), and PSOMAS a California Corporation whose address is 3 Hutton
Centre Drive, Suite 200, Santa Ana, California 92707( "Consultant "), and is made with
reference to the following:
RECITALS:
A. On January 25, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for engineering design and construction support
services for the new 30" water transmission main ( "Project ").
B. City desires to enter into this Amendment No. ONE to reflect additional services
not included in the Agreement and to increase the total compensation.
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. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated November 17, 2011 which is attached hereto as Exhibit 'A' and incorporated
herein by reference. The City may elect to delete certain tasks of the Scope of Services
at its sole discretion.
2. COMPENSATION
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: City shall pay Consultant for the services on a
time and expense not -to- exceed basis in accordance with the provisions of this Section
and the Schedule of Billing Rates attached to the Agreement. Consultant's total
amended compensation for all work performed in accordance with this Agreement
including all reimbursable items and subconsultant fees, shall not exceed Three
Hundred Thirty-Six Thousand, Eight Hundred Fifty -One Dollars and no /100
($336,851.00) without prior written authorization from City ( "Total Amended
Compensation "). No billing rate changes shall be made during the term of this
Agreement without the prior written approval of the City.
2.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. One, including all reimbursable items and
subconsultant fees, in an amount not to exceed Thirty -Four Thousand,
Two Hundred Thirty -Four Dollars and no /100 ($34,234.00), without prior
written authorization from City.
3. 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.
PSOMAS Page 2
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
ONE on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: / z11a /i l
I
By:
Aar
City Attorney
ATTEST:
Date: WD
By: lX 1 , 6v[---
Leilani I. Brown
City Clerk
a�
�tIF00.N�P
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: I I "1 ) Z -, v i.
By:
Dave Kiff�
City Manager
CONSULTANT: PSOMAS, a California
Corporation
Date: t2111') ii
1
By:
osepl, �, Boyle
r J ce �rn4:de�,r
Date:
Debra Tilson Lambeck
Secretary
Attachment: Exhibit A — Additional Services to be Performed
PSOMAS Page 3
EXHIBIT A
Balnncing thu N.nural and &:drfinvironment
November 17, 2011
Mr. Patrick Arciniega, PE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 Newport Boulevard
Newport Beach, CA 92658
Subject: City of Newport Beach, Public Works Department
CDM Transmission Pipeline Improvements Project
Design Contract Amendment Request
Dear Mr. Arciniega:
Pursuant to our meeting on November 8, 2011, this letter summarizes the additional effort by Psomas
to address the proposed design changes to the CDM Transmission Pipeline Improvements project.
The following additional scope of services is anticipated
PHASE I — PRE - DESIGN
A. Additional Topographic Survey, Utilities and Preliminary Alignment
We will provide additional topographic mapping, plot all known utilities, evaluate and select
an alignment within the additional scope areas:
(1) East Coast Highway between MacArthur Boulevard and Fernleaf Avenue
(2) Dahlia Avenue between East Coast Highway and 5's Avenue
(3) 5`h Avenue between Dahlia Avenue and Femleaf Avenue
We will include this information in the pre- design report. In addition, we will provide a brief
analysis of the use of C905 PVC versus steel pipe material in the pre- design report.
PHASE 2 — DESIGN
A. Construction Plans
We will create six (6) new construction plan sheets for the additional pipelines as follows:
(1) Prepare a detailed plan and profile sheet for the new 18 -inch water main in Dahlia Ave
between East Coast Highway and 5" Ave and 5n' Ave between Dahlia
Ave and Fernleaf Ave. This alignment is approximately 500 feet and
will consist of one (1) sheet. Details of pipeline connections will be 3 Hutton Centre Drive
Suite 200
provided. Santa Ana, CA 92707
Tel 714.751.7373
Fax 714.545.8883
M:12NEMS04M0 OMIN \ContmclsWdditional ServicesWmendment#lkCDM Trans Main Amendment Requestdoc WWW.psolnas.com
Mr. Patrick Arciniega, PE
Page 2 of 2
November 17, 2011
2NEW060400
(2) Prepare a detailed plan and profile sheet for the new 24 -inch transmission main in East
Coast Highway from MacArthur Boulevard to Fernleaf Avenue. This alignment is
approximately 700 feet and will consist of one (1) sheet. Details of pipeline connections
will be provided.
(3) Prepare a detailed plan and profile of the relocated 8 -inch sewer main in Dahlia between
East Coast Highway and 51" Avenue. This sheet will also include manhole connection
details. This alignment is approximately 200 feet and will consist of one (1) sheet.
(4) Prepare site improvement plan and details for redesign of the sidewalk, ramp, curb and
gutter and cross gutter at the intersection of East Coast Highway and Dahlia Avenue.
This will consist of one (1) sheet.
(5) Prepare two (2) additional sheets of traffic control plans for proposed pipelines in East
Coast Highway and Dahlia/5" Avenue.
As required in the original contract, copies of the construction plans will be submitted to the
City for review at the 60 %, 90% and 100% completion levels. Eight (8) full -size copies will
be provided for each submittal.
Exclusions
Items or tasks specifically excluded from scope of services include:
• Vault structural plans
• Vault electrical/control plans
• Preparation of plans for abandonment of the 30 -inch main in the Harbor View Shopping
Center and San Joaquin Hills Road.
• Additional geotechnical borings or potholing
• Construction phase services, including construction staking, for additional pipelines in East
Coast Hwy, Dahlia Ave and 5" Avenue.
We respectfully request you review the attached Exhibit "A" identifying the effort to address
additional scope items. Please consider our request for an amendment and do not hesitate to contact
me with any questions you may have.
Sincerely,
FSOMAS
t��Jos�eph L. Boyle, .E.
Senior Project Manager
Vice President
CITY OF NEWPORT BEACH
Corona Del Mar Transmission Pipeline
Proposal for Additional Engineering Services
Estimated Labor Hours and Fees
Phase 2 - Design
A. "Construction Plans
6
0
i 28
6
0
56
28
124
$16,262
$0
$16,262
t6_0% Design Review
i
2
1
1 _5 e
0
_0_
_8
0
16
_$2,319
_ $50
_ $2,369
90% Design Review
2
1-
i 5
0
0
6 I
0
14
$2,083
$50
$2,133
,Final Plan Review
1
0
1 2
0
0
4 i
0
7
$986
$50
$1,036
Subtotal Phase 21
11
2
1 40
6
0
74
28
161
1 $21,650'
$1501
$21,800
Total Estimated Hours and Fee for Phases 1 -2 19 2 56 14 j 22 111 28 1 252 1 $34,034 $200 $34,234
PM - Project Manager ($190 /hr)
QC - Quality Control ($185 1hr)
PE - Project Engineer ($162/hr)
Util - Utilities Research ($117 /hr)
RW - Right -of -Way Eng ($135/hr)
CADD — Lead CAD Designer ($1181hr)
Traffic - Traffc Control (Avg Rate $117/hr)
Psomas
C -11(03
PROFESSIONAL SERVICES AGREEMENT WITH
PSOMAS FOR
CORONA DEL MAR WATER TRANSMISSION MAIN
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made
and entered into as of this 11+4day of 4V1RA 2011 221'0, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and
PSOMAS, a California corporation ( "Consultant'), whose address is 3 Hutton Centre
Drive, Suite 200, Santa Ana, CA 92707 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to construct a new 30" water transmission main from the existing
30" water transmission main on Pacific View Drive, down San Miguel Drive and
MacArthur Boulevard to East Coast Highway.
C. City desires to engage Consultant to provide engineering design and
construction support services for the new 30" water transmission main ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Joseph
Boyle, PE.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on 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 ( "Work" or
"Services "). The City may elect to delete certain 'tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Two
Thousand, Six Hundred Seventeen Dollars and no /100 ($302,617.00) without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
Professional Services Agreement Page 2
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Joseph Boyle, PE to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Patrick
Arciniega or his designee, shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
Professional Services Agreement Page 3
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
Professional Services Agreement Page 4
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction with
City's Project Administrator in advance of all critical decision points in order to ensure the
Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
Professional Services Agreement Page 5
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees..
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Professional Services Agreement Page 6
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non- compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
Professional Services Agreement Page 7
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work outlined
in the Scope of Services. The subconsultants authorized by City to perform Work on this
Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts
and omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and 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. The City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
Professional Services Agreement Page 8
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the Work. City agrees that Consultant shall not
be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a
CD, and should comply with the City's digital submission requirements for Improvement
Plans. The City will provide AutoCAD file of City Title Sheets. All written documents
shall be transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. 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
authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
Professional Services Agreement Page 9
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
Professional Services Agreement Page 10
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Patrick Arciniega
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3347
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Joseph Boyle, PE
PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
Phone. 714- 751 -7373
Fax: 714- 545 -8883
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
Professional Services Agreement Page 11
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
30. 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.
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.
32. 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.
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.
34. 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
Professional Services Agreement Page 12
authorship of the Agreement or any other rule of construction which might otherwise
apply.
35. 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.
36. 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.
37. 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.
38. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICE OF ATTORNEY
Date:
By:
Leonie Mulvihill ������
Assistant City Attorney �'"'1� p
ATTEST:
Date: 2-I• II
By: aM� P /YIIW 1�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
I �fi
Michael F. Henn
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:,' Z it -),
Blake Murillo
Chief Executive Officer
Date: IA-VII
By: /-� (/�-> a
ktief- Financial O icer V l ce Pr-ec„ALenf
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Professional Services Agreement Page 14
1.
c�(.�T I City of Newport Beach
tV . -.... `stir Engineering Services fo r Co rona Del Mar
T Transmission Pipeline
Exhibit A - Revised Scope of Work
and Organization Chart
Project Understanding
The City of Newport Beach (City)
completed a preliminary design
alignment analysis report in January
2001 for the Big Canyon Reservoir to
Corona Del Mar Water Transmission
Main. The report recommended an
alignment within the street right -of-
way of Pacific View Drive, San Miguel
Drive and MacArthur Boulevard for the
new transmission main, as shown in the
exhibit provided in the City's Request for
Proposal (RFP).
The project calls for a new 30 -inch
Photo t - MacArthur Boulevard and San Miguel Drive
cement and mortar lined steel cylinder transmission main extending from the existing
30 -inch main in Pacific View Drive along the recommended alignment to the existing 30-
inch main at the intersection of East Coast Highway and
Photo 2 - City Regulator Structure in East Coast
Highway at Fernleaf Avenue
MacArthur Boulevard.
There is currently a single water transmission main
originating from the 16" Street Pump Station (on the
west side of the City) which connects to the Big Canyon
Reservoir on the east side. The installation of this new
30 -inch pipeline will provide a secondary transmission
main, . which will be a critical facility if a failure of
the-existing transmission system occurs. In addition,
the new water main will benefit the water system by
increasing system pressures in the southerly portion of
the City's Zone 2 system.
This project also includes relocation of the City's
regulator structure from the Metropolitan Water District
(MWD) System (CM -1) in East Coast Highway at Femleaf Avenue to a new location out
of the highway right-of-way on Dahlia Avenue.
The project scope of work also includes the design of approximately 2,000 linear feet
of 24 -inch transmission main in Carnation Avenue between East Coast Highway and
Bayside Drive. The new pipeline will provide a connection between the existing 30-
inch main in East Coast Highway and an existing I8 -inch main located in Bayside
Drive. The primary purpose of the proposed pipeline is to replace an existing pipeline
in Goldenrod Avenue and provide further system reliability. The pipeline connection in
East Coast Highway will consist of either a separate tee connection at Carnation Avenue
or installation of a "cross" fitting at the proposed MacArthur Boulevard/Coast Highway
connection point in order to combine the two proposed connections and minimize the
pipeline shutdown duration. If the option to construct a cross fitting at MacArthur is
selected by the City, a 24 -inch pipeline will need to be constructed in Coast Highway
parallel to the existing 30 -inch main for a distance of approximately 200 feet to the
intersection of Carnation Avenue.
P S O M A S Exhibit A- Revised Scope of Work and Organization Chart 11
b /jap�K I City of Newport Beach
Engineering Services ror Corona Del Mar
Transmission Pipeline
Project Approach
Exhibit A - Revised Scope of Work
and Organization Chart
We have reviewed the City's Request for Proposal (RPP) thoroughly and performed a
detailed reconnaissance of the proposed pipeline alignment and regulator valve Vault re-
location. The UP clearly describes the anticipated scope of the pre - design, final design
and construction phase engineering services. We have prepared a few of our thoughts
regarding key design issues on the following pages.
Water Main Construction at East Coast Highway and
MacArthur Boulevard
Extra caution will be required for construction of the water
transmission main connection in East Coast Highway at
MacArthur Boulevard due to extremely high traffic volumes
experienced at this location (See Photo 3). Due to the critical
nature of the City's existing water transmission pipeline, the
pipeline shutdown time will need to be minimized, potentially
requiring nighttime construction to expedite this effort. Psomas
will prepare construction plans and traffic control plans clearly
delineating proposed lane closures and work hours acceptable
to the City Public Works Department.
Our geotechnical engineer will perform a soil boring in this
Photo 3 - View to North at East Coast Highway and vicinity to determine soil characteristics and the potential for
MacArthur Boulevard groundwater. If groundwater is present, Psomas will prepare
specifications clearly defining the responsibilities of the
Contractor regarding dewatering efforts, including provision of a dewatering bid item in
the bid schedule.
Pressure Regulator Valve Vault
The City desires to relocate their
existing MWD CM -I regulator valve
vault from East Coast Highway to
Dahlia Avenue. This relocation to a
local street will provide a much safer,
more accessible location for City
maintenance crews. Psomas will provide
detailed construction plans showing the
proposed pipeline connections to the
existing transmission main in East Coast
Highway and provide detailed plan and
section views of the new valve /meter
Photo 4- Proposed Regulatorvalve Vault Location in
vault. The exact size of the vault will be Dahlia Avenue
determined based on City engineering
and operational requirements. An H2O traffic -rated cover consisting of either a bolted -
down stainless steel access hatch or a 36 -inch diameter manhole, will provide access for
City crews through a "quiet" access cover. Depending on the needs of the City, electrical
P S O M A S Exhibit A- Revised Scope of Work and Organization Chart 12
J. e i City of Newport Beach
Engineering Services far Corona Del Mar
y. 1 Transmission Pipeline
Exhibit A - Revised Scope of Work
and Organization Chart
service could be provided to the vault if required for control equipment, ventilation or
SUMP pumps.
As discussed above, the same issues involving connections to the City's existing
transmission main in East Coast Highway will need to be addressed for the new regulator
valve vault.
Traffic Control Plans
During the Pre- Design Phase of the project, Psomas will coordinate with the City
to define the conceptual approach to be used in the development of traffic control
and comment at all Final Design Phase submittals (60 %, 90% and Final Approval).
Due to the narrow right -of -way on Carnation Avenue, we have included preparation of a
detour plan to divert traffic around the proposed construction area.
Corrosion Control
We understand the critical nature of this steel transmission main and fully agree with
the City's desire to use tape and mortar coated pipe for corrosion protection, as well as
providing a corrosion analysis to determine any additional corrosion protection measures.
We have included V & A Consulting Engineers (V &A) on the Psomas Team for
performance of this engineering task. V &A specializes in corrosion engineering, and
in fact, provided corrosion engineering design services (as DeC Consultants prior
to acquisition by V &A) to Psomas for the City's Irvine Avenue Transmission Main.
Corrosion control recommendations will likely include placement of magnesium anodes
along the pipeline alignment, bonding of joints, installation of corrosion test stations, and
wrapping of all buried metallic surfaces with wax tape.
Project Management Approach
Psomas proposes to assign our two most experienced water pipeline engineers to the
CDM Transmission Pipeline project. Mr. Joseph Boyle, PE, with over 26 years of pipeline
experience, will serve as our Project Manager. As shown in the Project Team and Project
Experience sections of this proposal, Mr. Boyle has managed and designed numerous large
diameter pipelines in Southern California, including serving as Project Manager for the City
P S O M A S Exhibit A - Revised Scope of Work and Organization Chart 13
plans. Once the approach to the construction concept has
been defined; Psomas Traffic Control staff will prepare a
c e
work area traffic control plan that considers the needs of the
Additional attention will
I
Contractor's construction operations and conforms to the
be given to the safety of
general requirements of the City, Caltrans Traffic Controls for
Construction and Maintenance Work Zones, or the California
pedestrians and cyclists in
Manual on Uniform Traffic Control Devices (MUTCD).
the work area as well as
•,
ingress /egress at
Traffic control plans will show a minimum of 2,200 feet of
roadway at a scale of 1" = 40' with relevant medians, striping
commercial driveways.
and work area. Plan sheets will be prepared to show the location
of the designated work area, necessary and typical work area
— - -- - - - - - -- - -, — - - - - - -'
signage, barricades and
traffic control devices. Plans will be submitted for City review
and comment at all Final Design Phase submittals (60 %, 90% and Final Approval).
Due to the narrow right -of -way on Carnation Avenue, we have included preparation of a
detour plan to divert traffic around the proposed construction area.
Corrosion Control
We understand the critical nature of this steel transmission main and fully agree with
the City's desire to use tape and mortar coated pipe for corrosion protection, as well as
providing a corrosion analysis to determine any additional corrosion protection measures.
We have included V & A Consulting Engineers (V &A) on the Psomas Team for
performance of this engineering task. V &A specializes in corrosion engineering, and
in fact, provided corrosion engineering design services (as DeC Consultants prior
to acquisition by V &A) to Psomas for the City's Irvine Avenue Transmission Main.
Corrosion control recommendations will likely include placement of magnesium anodes
along the pipeline alignment, bonding of joints, installation of corrosion test stations, and
wrapping of all buried metallic surfaces with wax tape.
Project Management Approach
Psomas proposes to assign our two most experienced water pipeline engineers to the
CDM Transmission Pipeline project. Mr. Joseph Boyle, PE, with over 26 years of pipeline
experience, will serve as our Project Manager. As shown in the Project Team and Project
Experience sections of this proposal, Mr. Boyle has managed and designed numerous large
diameter pipelines in Southern California, including serving as Project Manager for the City
P S O M A S Exhibit A - Revised Scope of Work and Organization Chart 13
r �F, It, u I City of Newport Beach
Engineering Services for Corona Del Mar
Transmission Pipeline
Exhibit A - Revised Scope of Work
and Organization Chart
of Newport Beach's Irvine Avenue Water Main Replacement project. Mr. Vemon Weisman,
PE, possesses over 29 years of experience in civil engineering and pipeline design. He
recently completed the design of several large diameter steel water pipelines and a pressure
reducing station modification project for Irvine Ranch Water District. Mr. Weisman is
familiar with the City's standards and procedures, having served as Resident Engineer for
the City's Section 5 Sewer Lift Station Upgrade project on Little Balboa Island and brings a
construction perspective to every project he works on.
As Project Manager, Mr. Boyle will prepare weekly and monthly project status reports to
update the City's project manager. Each weekly status report will consist of a brief e -mail
summarizing the activities completed the previous week and die activities planned for the
upcoming week. The monthly status reports will provide more detail, summarizing the
work completed and reviewing work status related to budget and schedule. The project
schedule will also be updated on a monthly basis for inclusion in the monthly status report.
Quality Assurance and Quality Control
The Psomas quality assurance /quality control (QA /QC) program will follow our standard
"16- Point" policies, procedures, and internal documentation plan. This plan begins during
the initial proposal and budget phase and concludes with the project close -out. The plan
also includes ongoing quality assurance with our "Checkmate" system that documents
technical aspects of the project assuring accountability. Our QA /QC officer for this
project, Mr. Harvey Gobas, PE, will assist our Project Manager, Mr. Joseph Boyle, PE, in
successfully completing all aspects of the program.
Key QA /QC junctures throughout the project delivery phase include:
D Upon completion of the draft and final versions of the Basis of Design Memorandum
9 Prior to the 60% submittal of plans and specifications
E Prior to the 90% submittal of plans and specifications
Prior to the 100% submittal of plans and specifications
Our quality control reviewers will be experienced in- house, independent professionals
in their respective fields who are not otherwise involved in the day -to -day design of the
project.
In addition to our standard QA /QC internal , - - , p _
procedures, experience has taught us the most
reliable path to quality is to "engineer" quality No Amount of `quality
into our design process itself. This includes: by inspection °will deliver
P Proactive Listening to Clients — Our goal quality if the team itself lacks
is to give our clients what they want. We the requisite experience.
believe all of us working together produce
a better design than all of us working separately, so active communication with our
clients is an important part of the overall quality process.
/ Experienced Design Teams —Cur core project team (including subconsultants) has
worked together on numerous similar water production facility projects, as well as a
P 5 0 M A 5 Exhibit A- Revised Scope of Work and Organization Chart 14
y City of Newport Beach Exhibit A - Revised Scope of Work
�9 .1 i Engineering Services for Corona Del Mar
_/ I Transmission Pipeline and Organization Chart
variety of other public utilities projects and combines over a century of experience in
civil engineering. ,
The Two-Engineer Rule — The Two - Engineer Rule assures all delivered work
is prepared by and reviewed by two engineers in responsible charge, usually the
project manager and project engineer. Overall quality assurance by inspection is then
undertaken by a third quality review engineer who is typically an officer of the firm.
Scope of Work
The scope of work for the project consists of three phases:
Phase 1 — Pre - Design I Phase 1 requires a pre - design report to analyze all issues
involving the proposed 30 -inch and 24 -inch transmission main alignments. The
report will also analyze the best location for relocation of the existing pressure
regulator out of East Coast Highway to Dahlia Avenue, or another location that
achieves the same goal of eliminating lane closures on Coast Highway.
Phase 2 — Design I Phase 2 involves preparation of construction plans for 5,300 lineal
feet of 30 -inch steel transmission main in Pacific View Drive, San Miguel Drive
and MacArthur Boulevard, 2,000 lineal feet of 24 -inch steel transmission main in
Carnation Avenue, and relocation of the existing turnout from its current location in
East Coast Highway to Dahlia Avenue.
Phase 3 — Construction Phase Services I Phase 3 will provide construction support
services for the City during construction of the pipeline. Some of these duties will
include, but are not limited to, construction meetings, site visits, shop drawing
reviews, construction staking, and preparation of record drawings.
Following is a detailed description of each task included in the scope of work:
Phase 1 — Pre - Design
A. Alignment Studies. Pre - design services will include development of alignment
studies by investigating all known utilities along the recommended alignments.
Special consideration will be required when analyzing relocation of the regulator
structure from Coast Highway to Dahlia Avenue.
B. Survey. Psomas surveyors will establish survey control and locate ten (10) aerial
targets using a combination of both GPS and conventional survey methods.
Horizontal survey control and aerial targets will be based on the North American
Datum of 1983 (NAD 83). Elevations will be based on the Orange County Surveyor
vertical benchmark system, which is based on the North American Vertical Datum
of 1988 (NAVD 88). The project area will be targeted and flown. The alignment
shown on the site map will be mapped from right -of -way to right —of -way at a scale
of 1 "=40% with 1 -foot contours and spot elevations on a 50 -foot grid (approximately
7,300 feet). The new regulator site at Coast Highway and Dahlia Avenue will also be
covered. Mapping will be prepared using traditional stereo compilation methods and
will be flown at the appropriate flight height to ensure that mapping will meet and/or
exceed National Mapping Accuracy Standards.
P S O M A S Exhibit A - Revised Scope of Work and Organization Chart 15
Exhibit A - Revised Scope of Work
Ctyof NCwpoH Beach
Engineering Services for Corona Del Mar
rrantmissin "Pipeline and Organization Chart
A digital aerial orthophotograph will be included on the final plans for reference.
Survey will be performed to determine elevations of existing sewer and storm drain
manhole rims and flow line elevations and all structures and improvements within the
project limits, which may be pertinent, or in conflict with the proposed design.
A Psonmas survey crew will survey and locate manholes, measure inverts; and provide
a field sketch of each sewer and storm drain manhole, including catch basins or drop
inlets, if any.
Construction staking will be provided by Psomas for the City's Contractor (our fee
for construction staking is included in Phase 3 — Construction Phase Services)
C. Draft Pre - Design Report. A Draft Pre - Design Report will be prepared in a three -
ring binder format with appropriate exhibits using the required aerial photograph.
Traffic control considerations and utility interferences will be analyzed in the report -
The report will recommend alignments for the entire project, based on the utility
information received from the City and other utility owners. A cost estimate will be
prepared for comparison of each alternative. We have budgeted for two (2) pre - design
meetings with the City to clearly establish the City's desires and preferences on
alignment decisions and critical connection points. Five (5) copies will be submitted
for review and approval by the City.
D. Final Pre - Design Report. Psomas will meet with the City to review and discuss the
City's comments on the Pre - Design Report. Psomas will submit five (5) copies of the
Final Pre - Design Report, incorporating all comments from the City's review of the
Drat} Pre- Design Report.
Phase 2 — Design
A. Geotechnicallnvestigation. Our geotechnical consultant, HushmandAssociates,
will drill, log and sample eight (8) soil borings with a hollow -stem auger drill along
the pipeline alignment. The borings will be drilled to a depth of 15 feet below ground
surface or practical refusal, whichever is reached first. Documentation of the surface,
subsurface and groundwater conditions, and the engineering properties of the soils
encountered during the site investigation will be provided. Laboratory testing will be
performed on the sampled soils to evaluate the engineering properties. A geotechnical
report will be prepared including recommendations for compaction and paving
requirements. Corrosion tests for sulfate and chloride contents, pH and soil resistivity
will also be performed.
B. Survey. Aerial mapping and topographic survey are included in Phase I
— Pre- Design. Construction staking is included in Phase 3 — Construction
Before any potholing efforts Phase Services.
are made, Psomas will C. Pothole Investigation. We have included Underground Solutions on our
provide a pothole exhibit to project team to perform 35 airlvacuum pothole excavations of existing
the City of Newport Beach utilities to aid with the vertical alignment of the proposed domestic water
project manager for his/her pipeline, e.g., critical crossings with existing sewer, storm drain, and dry
review and concurrence. utilities. Pavement will be repaired with "Perma- Patch" asphalt mix and is
guaranteed for a three -year period.
F S O M A S Exhibit A - Revised Scope of Work and Organization Chart 16
i
;Fr�iv Ciry of Ne�+pan Beach Exhibit A - Revised Scope of Work
r anmiss on Pipeline Corona Del Mar
and Organization Chart
D. Project Schedule. Prepare and update (tie project schedule throughout the course
ol'the project. 'fire schedule will include the pre - design, design, bidding, and
construction phases, and will identify shop drawing review and approval times: as
well as pipeline manufacturing and delivery times.
E. Team Meetings. Schedule and lead meetings with the City and affected utility
companies to assure all design, operational, and maintenance issues are being
addressed. The Engineer will prepare each meeting's agenda and provide meeting
minutes and action items. A total of six (6) meetings is anticipated.
F. Corrosion Analysis. V &A Consulting Engineers will perform a corrosion analysis
and make recommendations for corrosion protection of the pipeline. Corrosion
protection details will be incorporated in the construction documents.
G. Construction Plans. Prepare detailed construction drawings in AutoCAD (2007
version or later) and in accordance with City drafting.standards. Each plan sheet will
be on City standard 24" x 36" sheets. Plan and profile sheets will be prepared at a
scale of I" = 40' horizontal and I" = 4' vertical and will cover approximately 1,000
feet of pipeline per sheet. Design services will include preparation of construction
drawings showing plan and profile views of the pipeline, all connection details,
all pipeline appurtenances, preparation of detailed written special provisions, bid
documents, quantity estimates and an overall cost estimate.
Construction plans will be submitted to the City for review at the 60 %, 90% and
100% completion levels. Eight (8) full -size copies will be provided for each
submittal. The following deliverables will be provided with each design review
submittal.
60% Design Review. Submit 60% complete plans, a refined cost estimate, and
preliminary special provisions for review and comment from the City.
90% Design Review. Submit 90% complete plans reflecting 60% design review
corrections, a complete and detailed cost estimate on the Contractor's bid proposal
form (with cost estimate back -up detail), complete and (and bound) special
provisions, contract documents and any appendices, for final approval from the City's
Public Works Department.
FinalApproval Review. Submit final plans reflecting 90% design review corrections,
complete (and bound) special provisions, contract documents and any appendices, for
final approval and plan signature by the City.
Upon resolution of all City review comments, a final signed plan set consisting of a
Mylar for the title sheet and bond plots for the remaining sheets will be prepared and
submitted for the City's approval.
The City anticipates a period of two (2) weeks for plan reviews of each submittal.
Each plan submittal will be reviewed with City staff in a preview meeting. Psomas
will attend the meeting to explain or answer any remaining questions. We will
submit the final electronic files to the City on two (2) separate compact discs with
AutoCAD files contained on one CD and a second CD containing a single PDF of the
entire construction drawing set.
P S O M A S Exhibit A - Revised Scope of Work and Organiiatlon Chart 17
City of Newport Beach Exhibit A - Revised Scope of Work
i Engineering5enrices (orcowna Del Mar
F i
= W transmission Pipeline and Organization Chart
The lollowing plan sheets are anticipated for the project:
Sheet No.
2
3
4
5
i
6
7
8
9
10
11
12
13
14
15
16
17
V20
24
Title Sheet
Standard Symbols and Abbreviations, Vicinity Map, Index Map and Sheet Index
Construction Notes, Basis of Bearing, Benchmark, Public Agencies and Utilities,
City General Water Notes and Notice to Contractor
30 -Inch WTM Plan and Profile- MacArthur Boulevard
30 -Inch WTM Plan and Profile - MacArthur Boulevard
30 -Inch WTM Plan and Profile- MacArthur Boulevard
30 -Inch WTM Plan and Profile - San Miguel Drive
30 -Inch WTM Plan and Profile- San Miguel Drive
30 -Inch WTM Plan and Profile - Pacific View Drive
24 -Inch WTM Plan and Profile - Carnation Avenue
24 -Inch VJTM Plan and Profile - Carnation Avenue
24 -Inch WTM Plan and Profile- East Coast Highway
Regulator Valve Vault Piping Plan and Profile - Dahlia Avenue
Regulator Valve Vault Mechanical Plan - Plan View, Section Views and
Miscellaneous Mechanical Details
Construction Details - Lap Welded Slip Joint, Butt Strap Joint, Pipeline Trench,
Tie -In Connection Details
Corrosion Protection Plan and General Notes
Corrosion Protection Details
Corrosion Protection Details
Traffic Control Plan -Title Sheet
Traffic Control Plan - MacArthur Boulevard
Traffic Control Plan - San Miguel Drive
Traffic Control Plan - Pacific View Drive
Traffic Control Plan - East Coast Highway
Traffic Control /Detour Plan - Carnation Avenue
H. Specifications and Bid Schedule. Prepare technical specifications and a bid schedule.
Psomas will provide complete design services for the project in accordance with
the Standard Specifications for Public Works Construction (latest edition, including
supplements), and the City of Newport Beach Design Criteria, Standard Special
Provisions and Standard Drawings (2004 Editions).
Opinion of Probable Construction Cost. Prepare an itemized opinion of probable
construction cost for submittal at the 90% and 100% design completion levels.
J. Addenda Preparation. During the bidding period, Psomas will assist with providing
information and clarification of bid documents to prospective bidders and we have
budgeted for the preparation of four (4) addenda, if so requested by the City.
P S O M A S Exhibit A - Revised Scope of Work and Organization Chart 1 8
y4..
2 giVB + City of Newport Beach
. T Engineering Services for Corona Del Mai
o _ Transmission Pipeline
Exhibit A - Revised Scope of Work
Phase 3 — Construction Phase Services
and Organization Chart
A. Project Meetings. We will attend 10 project meetings of one (I) hour each during the
construction period, including preparation of agenda and documentation of meeting
minutes.
B. Contractor's Requests for Information. Respond to approximately 15 contractor
Requests I'ar Information.
C. Minor Plan Revisions. Provide 24 hours of staff time for minor plan revisions to the
construction drawings.
D. Site Visits. Conduct eight (8) site visits of two (2) hours each during the construction
period.
E. Shop Drawing Review. We have budgeted for review of up to 25 shop drawing
submittals, including performing a second review of half of the anticipated shop
drawing submittals. We believe this is a realistic number of submittals for a project
involving a large diameter pipeline, regulator valve vault and appurtenances.
F. Record Drawings. Psomas will prepare record drawings on 24" x 36" Mylar for the
title sheet and bond copies for the remaining sheets at construction completion using
the Contractor's and City Inspector's redlines. Final record drawing Mylar and bond
sheets, AutoCAD electronic files, and PDFs of the final as -built Mylar and bond
sheets will be submitted to the City at the completion of construction.
G. Construction Staking. As required in the City's RFP, a Psomas Survey crew will
provide one (1) set of construction stakes for the 7,300 LF of water main, regulator
valve vault and all appurtenances. The pipeline will be staked at 40 -foot intervals
(steel pipe joints) and at horizontal and vertical angle points. Staking offset will be
based on the Contractor's preference. Stations, offsets and cuts will be provided both
on the ground and on cut - sheets. A copy of the cut sheets will be provided to the City
and Contractor upon completion of staking.
P S O M A S Exhibit -A - Revised Scope of Work and Organization Chart 19
Ci:yo(Newpor, Beach
Engineering Services for Corona Del Mar
;^ Transmission Pipeline
Exhibit A - Revised Scope of Work
and Organization Chart
P S O M A S Exhibit A- Revised Scope of Work and Organization Chart 1 10
EXHIBIT "B"
CITY OF NEWPORT BEACH
Corona Del Mar Transmission Pipeline and Carnation Avenue Pipeline
Engineering Services Proposal
Estimated Labor Hours and Fees
Plains, Stall
subconsuleAds
PM- P,.J.e Modem, (S19a/nr)
G.,IaI ml- H-1, moral Tamdaree, Inc
QC- Quasi, Control ($1 tern
PaNOIInO' Umnammad Solute -, I..
PE- Pm)eed eavincer(SlTU)m
Corrosion V A AConsultlng Engineers
PG - Pipeline Oessgn (310Th)
PU - Permit and tNWea ($I I7IDf)
M- RighW-any as(S13511m)
- .r
CADD- Lead CAD oealgner ($11 Mn
a
PA- Pnrled 0.vittent (E65Tn
Subeensultents
AMC -Aerial Map Complier($90ar)
I
Survey -2 -Men Survey oraw(52.,)
=
TPM
l rt
r?�ifta3Y
Haum
Geomchnical
PotM1OlinO
Cortosion
fatal
Hours
Girect
Cads
QC
PE
PD
PU
RW
CADD
PA
AMC
Truffle
Survey
Hours
S
Hours
S
Hours
5
Phase 1- PraUerign
A:
Allgnmen3Stutlla3
8
0
12
20
2D
0
22
0
0
0
0
82
Stt ?24
0
S0
0
$0
0
50
62
S206
511,630
e.
roppe!apmpsplvey
0
0
0
0
0
89
0
0
100
0
54
242
$31,946
0
$,
0
SO
0
50
N2
53,954
E37.012
C.
Orah Pro-0eal8n Amman
fD
2
32
12
0
0
24
4
0
0
0
04
512,650
0
EO
0
SO
0
50
6<
S610
51],2]6
D.
Final PrtrDeslgn Ra pn
6
1
12
6
0
0
12
2
0
0
0
41
56.203
0
50
0
30
0
50
a
$618
$6,821
9uMeLI Ph...1
26
3
56
33
20
a0
50
6
100
0
54
449
$64,233
0
$0
0
$0
0
E0�
449
34,506
360,739
Phaes I - O.elpn
A.
Ga.Umbeleal lnvesUgellon
1
0
2
0
0
0
0
6
0
0
0
S
$539
111
$15.650
0
SO
0
5o
i
SO
$17,188
. 6.
survey gneNcledin Ph -land 37
...... ........_,..
0
0
0
0
0
0
0
0
0
0
0
0
SD
0
EO
0
SD
0
50
0
30
30
C.
C.
Palhale 111vesVBelian
0
0
6
6
0
0
6
0
0
0
0
1B
$2616
0
SO
185
$37,003
6
SO
203
50
539619
D.
�Pmjed 6chedule
Z
o
6
0
0
0
0
0
0
O
0
8
E1.424
0
$O
0
SO
0
50
0
50
31 434
E.
Team Meatinge
12
0
12
0
0
0
0
6
0
0
0
30
$4.750
0
EO
0
30
0
50
30
aide
41656
F.
Certefie_n_An_of) ale
2
0
4
0
0
0
0
0
0
0
0
6
E1,076
o
EO
0
$0
44
$5,933
So
50
$7.009
G.
COnsWCdon Plana
52
0
84
60
0
a
180
0
0
76
0
452
563,268
0
$0
a
50
0
so
452
S297
$63.565
60 %Despi R ,
8
4
16
3
0
0
16
4
0
0
0
56
$3,344
0
$0
0
SO
0
EO
56
5650
59,99<
_90 %D.algd ROv Mm
6
4
14
4
0
0
12
4
0
0
a
44
$6568
0
SO
0
$0
117
515759
161
5650
S22.977
Final Plan Review
4
2
8
2
0
0
8
4
0
0
a
26
$3.778
0
$0
0
SO
0
S3
26
5450
SaR20
H.
_- S_pav(rs_tions and Bid Stlledule
6
G
40
4
0
D
0
0
0
0
0
20
54848
0
50
0
SO
D
50
26
E100
b4,940
I.
Opinion bf Pmbebla Cana auction Caal
2
0
10
2
D
0
0
D
0
0
0
19
52408
0
50
0
50
0
SO
i.
SO
12A06
J.
Adders. Prepere53n
4
0
10
2
0
0
0
2
0
0
0
18
$2910
0
50
0
50
a
SO
18
$50
12.966
Subtotal Phases
99
10
190
86
0
0
120
20
0
76
0
703
$102,544
111
516,650
185
$37,003
161
421,692
1160
S2,297
3180,105
Ph... 3 - C.h.tm.8on Phu. SeM.d.
A.
......
Pmjeet Maetin0e (10 migsj
_•___._.....,_._ ............... .
10
D
20
0
G
0
0
2
0
0
0
32
55,510
0
Sb
0
$0
0
EO
32
5100
$5.610
D.
Lontractofa Requesb (orinformatlon (15 RFI'a)
10
0
tfi
4
0
0
0
2
0
0
0
32
S5,390
0
30
0
$0
5
$618
Ji
5100
E6,tOB
C.
.Minor Plan ROWiona (2l bean of_81eX Time)
3
0
B
0
0
0
12
2
0
D
0
24
53,310
0
50
0
$O
5
$690
29
$ IOO
$4,148
O.
Site Made, (13 Man, of 2 madden)
0
0
16
0
0
0
0
0
0
0
0
16
E2,784
0
So
0
$0
B
$Load
24
side
$3.914
E.
Shop DrevMg Revlew(]5SUbmiaele)
B
0
20
16
44
0
0
0
a
0
o
88
$12,452
0
$0
0
50
5
S690
93
$300
Squ2
F.
Record Crew.,
2
0
6
0
0
0
S
20
0
0
0
35
$1,916
0
50
0
SO
0
So
38
$450
$ea66
O.
Conalrvdlon Slaking
0
0
fi
0
0
20
0
0
0
0
50
76
515.844
0
30
d
$O
0
EO
76
$200
$16,044
Gubtetal Ph...3
32
0
94
20
4l
20
20
26
0
0
50
306
$49,314
0
30
0
$0
22
$3,020
320
51,350
553,692
Total Estimated Hours and Fee for Phases 13
167
13
340
166
64
108
298
52
100
76
104
1468 1
$216,091
111
$16,650
485
S37,001
183
S24,720
1,917
58,161
$302,617
Plains, Stall
subconsuleAds
PM- P,.J.e Modem, (S19a/nr)
G.,IaI ml- H-1, moral Tamdaree, Inc
QC- Quasi, Control ($1 tern
PaNOIInO' Umnammad Solute -, I..
PE- Pm)eed eavincer(SlTU)m
Corrosion V A AConsultlng Engineers
PG - Pipeline Oessgn (310Th)
PU - Permit and tNWea ($I I7IDf)
M- RighW-any as(S13511m)
CADD- Lead CAD oealgner ($11 Mn
PA- Pnrled 0.vittent (E65Tn
AMC -Aerial Map Complier($90ar)
Tmffl -TnMo Cd.l(Avg Rete SI1781)
Survey -2 -Men Survey oraw(52.,)
Psomas
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
JAN 2 5 2011
Agenda Item No. 15
January 25, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Patrick Arciniega, Senior Civil Engineer
949 - 644 -3347 or parciniega @newportbeachca.gov
SUBJECT: CORONA DEL MAR WATER TRANSMISSION MAIN -PROFESSIONAL
SERVICES AGREEMENT FOR CONTRACT NO. 4603
ISSUE
Staff requests approval of a professional services agreement to hire a consultant to
design the Corona del Mar Water Transmission Main project.
RECOMMENDATION
Approve a Professional Services Agreement with PSOMAS of City of Santa Ana,
California, for design and construction support services at a not -to- exceed fee of
$302,617.00, and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION
The City's 1998 Water Master Plan identified the need for a new transmission main
from Big Canyon Reservoir to the Corona del Mar (CDM) area to provide redundancy,
improve supply pressures and increase fire supply flows. The City completed a
preliminary design alignment analysis report in January 2001 for the CDM Water
Transmission Main. The report recommended an alignment using the street rights -of-
way of Pacific View Drive, San Miguel and MacArthur Boulevard for the new
transmission main. In 2007, the City completed an update to the Water Master plan
and reconfirmed the need for this transmission main. In addition, other transmission
main improvements were identified in the CDM area.
This project calls for a new 30" water transmission main extending from the existing 30"
main in Pacific View Drive down the recommended alignment to the existing 30" main at
the intersection of East Coast Highway and MacArthur Blvd. Additionally, a 24 -inch
transmission main was recommended in 2007 that would extend from East Coast
Highway to Bayside Drive on Carnation Avenue to replace an older main on Goldenrod
Avenue.
Corona del Mar Water Transmission Main
PSOMAS Professional Services Agreement
January 25, 2011
Page 2
--,I
This.project will also relocate the City's regulator structure with the Metropolitan Water
Disfrict System (CM -1) in East Coast Highway at Fernleaf Avenue to a new location that
is out of the Coast Highway right -of -way and onto Dahlia Avenue (exact location to be
determined during pre- design efforts).
In accordance with Council Policy F -14, on September 21, 2010, staff invited six firms to
submit proposals for design of this water transmission main improvement project. Six
proposals were received on October 18, 2010. A team of Public Works staff members
familiar with water main projects independently reviewed the proposals and evaluated
each firm's qualifications, past experience on similar projects, and availability before
ranking PSOMAS as the most qualified. Upon selection, staff negotiated with PSOMAS
to provide design and construction support services for a not -to- exceed fee of
$302,617.00. PSOMAS has satisfactorily completed similar water main projects for the
City and other Southern California agencies in the past.
The scope of PSOMAS's professional services includes the following:
• Preliminary design, which includes field reconnaissance, utility coordination,
design recommendations and detailed report.
• Design, which includes the preparation of construction documents.
• Post design, which include bidding and construction support services.
ENVIRONMENTAL REVIEW
As part of the preliminary design effort, staff will prepare and fill out an environmental
checklist per California Environmental Quality Act (CEQA) to determine what level of
review will be necessary for the project. It is anticipated that a negative declaration
(ND) may be required. The environmental review will be prepared per CEQA .
PUBLIC NOTICE
There was no public noticing required for this contract approval action.
FUNDING AVAILABILITY
Sufficient funds are available in the following budgeted accounts for the project.
Account Description Account Number Amount
CDM Interconnect Replacement 7511 -C600 -2005 $ 75,000.00
CDM Transmission Main 7511- C6002008 227.617.00
Improvements $ 302,617.00
Prepared by:
P trick Arciniega, P.E.
Senior Civil Engineer
Corona del Mar Water Transmission Main
PSOMAS Professional Services Agreement
January 25, 2011
Page 3
Submitted by:
G. Badum
orks Director
Attachment: Location Map
Draft PSA with Psomas for the CDM Transmission Main Improvements
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CORONA DEL MAR TRANSMISSION MAIN IMPROVEMENT EXHIBIT
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-4603
PROFESSIONAL SERVICES AGREEMENT WITH
PSOMAS FOR
CORONA DEL MAR WATER TRANSMISSION MAIN
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this day of 2010, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and
PSOMAS, a California corporation ( "Consultant "), whose address is 3 Hutton Centre
Drive, Suite 200, Santa Ana, CA 92707 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to construct a new 30" water transmission main from the existing
30" water transmission main on Pacific View Drive, down San Miguel Drive and
MacArthur Boulevard to East Coast Highway.
C. City desires to engage Consultant to provide engineering design and
construction support services for the new 30" water transmission main ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Joseph
Boyle, PE.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on 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 ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to.
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Two
Thousand, Six Hundred Seventeen Dollars and no /100 ($302,617.00) without prior
written authorization from City. No billing rate changes shall be made during the-term of
this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
Professional Services Agreement Page 2
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the.
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER 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 Joseph Boyle, PE to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Patrick
Arciniega or his designee, shall be the Project Administrator and shall have the authority
to act for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the, Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
Professional Services Agreement Page 3
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company.for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers
and employees (collectively, the "Indemnified Parties) from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
Professional Services Agreement Page 4
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence,
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
M 01*1»7 2"81►
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 and/or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
Professional Services Agreement Page 5
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, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder. by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employers Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Professional Services Agreement Page 6
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement; in the
minimum arnount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference. to a given coverage feature is for purposes of clarification
Professional Services Agreement Page 7
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture-
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work outlined
in the Scope of Services. The subconsultants authorized by City to perform Work on this
Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts
and omissions of the subcontractor. Nothing in this Agreement shall create any
contractual relationship between City and 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. The City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
Professional Services Agreement Page 8
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the Work. City agrees that Consultant shall not
be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data, (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration, or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a
CD, and should comply with the City's digital submission requirements for Improvement
Plans. The City will provide AutoCAD file of City Title Sheets. All written documents
shall be transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. 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
authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
Professional Services Agreement Page 9
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose -any
Professional Services Agreement Page 10
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Patrick Arciniega
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -644 -3347
Fax: 949 - 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: Joseph Boyle, PE
PSOMAS
3 Hutton Centre Drive, Suite 200
Santa Ana, CA 92707
Phone: 714 - 751 -7373
Fax: 714 - 545 -8883
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
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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
Professional Services Agreement Page 11
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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
Professional Services Agreement Page 12
authorship of the Agreement or any other rule of construction which might otherwise
apply.
35. 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.
36. 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.
37. 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.
38. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
a
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICTF�E CITY ATTORNEY
Date: I
By:
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Michael F. Henn
Mayor
CONSULTANT: PSOMAS, a California
corporation
Date:
E.
Blake Murillo
Chief Executive Officer
Date:
in
Loren Slklow
Chief Financial Officer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Professional Services Agreement Page 14
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Exhibit A - Revised Scope of Work
Project Understanding
1 H ie City of Newport Beach ("City)
completed a prelimimuY design
alignment analysis report in January
2001 for the Big Canyon Reservoir u i
Corona Del Nlar WaterTransmissiun
iblain. The report recommended an
alignment within the street right -of-
way of Pacific View Drive, San Miguel
Drive and MacArthur Boulevard for (he
new transmission main, as shown in the
exhibit provided in the City's Request for
Proposal (RFP).
The project calls for a new 30 -inch
and Organization Chart
Photo I - MacArthur Boulevard and San Miguel Drive
cement and mortar lined steel cylinder transmission main extending from the existing
30 -inch main in Pacific View Drive along the recommended alignment to the existing 30-
inch main at the intersection of East Coast Hiahwav and
Photo 2 - City Regulator Structure in East. Coast
Highway at Fernleaf Avenue
MacArthur Boulevard.
There is currently a single water transmission main
originating from the 161" Street Pump Station (on the
west side of the City) which connects to the Big Canyon
Reservoir on the east side. The installation of this new
30 -inch pipeline will provide a secondary transmission
main, which will be a critical facility if a failure of
the existing transmission system occurs. In addition,
the new water main will benefit the water system by
increasing system pressures in the southerly portion of
the City's Zone 2 system.
This project also includes relocation of the City's
regulator structure from the Metropolitan Water District
(MWD) System (CM-1) in East Coast Highway at Femleaf Avenue to a new location out
of the highway right -of -way on Dahlia Avenue.
The project scope of work also includes the design of approximately 2,000 linear feet
of 24 -inch transmission main in Camation Avenue between East Coast Highway and
Bayside Drive. The new pipeline will provide a connection between the existing 30-
inch main in East Coast Highway and an existing 18 -inch main located in Bayside
Drive. The primary purpose of the proposed pipeline is to replace an existing pipeline
in Goldenrod Avenue and provide further system reliability. The pipeline connection in
East Coast Highway will consist of either a separate tee connection at Camation Avenue
or installation of a "cross" fitting at the proposed MacArthur Boulevard/Coast Highway
connection point in order to combine the two proposed connections and minimize the
pipeline shutdown duration. If the option to construct a cross fitting at MacArthur is
selected by the City, a 24 -inch pipeline will need to be constructed in Coast Highway
parallel to the existing 30 -inch main for a distance of approximately 200 feet to the
intersection of Camation Avenue.
P S 0 M A S Exhibit A- Revised Scope of Work and Organization Chart I I
Cny of Newpon Beach Exhibit A - Revised Scope of Work
�:`' Engmee"g Sep. +ce;In, .n,n.0el ma.
'` wn,ns:nnRhhne and Organization Chart
Project Approach
\Vc have rcvietoed die City's Request For Proposal (KEPI thoroughl% and perforated a
detailed reconnaissance of the proposed pipeline alignment and regulator valve vault re-
location.'rhe RFP dearly describes the anticipated scope of the pre- design, final design
and construction phase engineering services. We have prepared a fete of our thoughts
regarding key design issues on the following pages.
Water Main Construction at East Coast Highway and
MacArthur Boulevard
Photo 3 - View to North at East Coast Highway and
MacArthur Boulevard
Extra caution will be required for construction of the water
transmission main connection in East Coast Highway at
MacArthur Boulevard due to extremely high traffic volumes
experienced at this location (See Photo 3). Due to the critical
nature of the City's existing water transmission pipeline, the
pipeline shutdown time will need to be minimized, potentially
requiring nighttime construction to expedite this effort. Psomas
will prepare construction plans and traffic control plans clearly
delineating proposed lane closures and work hours acceptable
to the City Public Works Department.
Our geotechnical engineer will perform a soil boring in this
vicinity to determine soil characteristics and the potential for
groundwater. If groundwater is present, Psomas will prepare
specifications clearly defining the responsibilities of the
Contractor regarding dewatering efforts, including provision of a dewatering bid item in
the bid schedule.
Pressure Regulator Valve Vault
The City desires to relocate their
existingMWDCM - I regulator valve
vault from East Coast Highway to
Dahlia Avenue. This relocation to a
local street will provide a much safer,
more accessible location for City
maintenance crews. Psomas will provide
detailed construction plans showing the
proposed pipeline connections to the
existing transmission main in East Coast
Highway and provide detailed plan and
section views of the new valve/meter
vault. The exact size of the vault will be
Photo 4 - Proposed Regulator Valve Vault Location in
Dahlia Avenue
determined based on City engineering
and operational requirements. An H2O traffic -rated cover consisting of either a bolted -
down stainless steel access hatch or a 36 -inch diameter manhole, will provide access for
City crews through a "quiet" access cover. Depending on the needs of the City, electrical
P S O M A S Exhibit A- Revised Scope of Warkand Organization Chart 1 2
' +: • , C.1y.fYe,.,p1,i8eatn Exhibit A - Revised Scope of Work
Eng,neenno Sp—,es lo, 0,1,na erl ua,
❑a„snmsm „nmee ^c and Organization Chart
scr%ICC could he plot idCd [011ie vault if required litr Control equipment. ventilatiim Or
sump pump,.
As discussed above. the saute issues involving connections la the City's existing
transmission main ill -East Cost Higllwa.., will need to be addressed fur the new regulator
valve vault.
Traffic Control Plans
During the Pre - Design Phase of the project, Psomas will coordinate with the City
to define the conceptual approach to be used in the development of traffic control
plans. Once the approach to the construction concept has
Additional attention will
be given to the safety of
pedestrians and cyclists in
the work area as well as
ingress /egress at
commercial driveways.
been defined, Psomas Traffic Control staff will prepare a
work area traffic control plan that considers the needs of the
Contractor's construction operations and conforms to the
general requirements of the City, Caltrans Traffic Controls for
Construction and Maintenance Work Zones, or the California
Manual on Uniform Traffic Control Devices (MUTCD).
Traffic control plans will show a minimum of 2,200 feet of
roadway at a scale of I” = 40' with relevant medians, striping
and work area. Plan sheets will be prepared to show the location
of the designated work area necessary and typical work area
signage, barricades and traffic control devices. Plans will be submitted for City review
and comment at all Final Design Phase submittals (60 %, 90% and Final Approval).
Due to the narrow right -of -way on Carnation Avenue, 'we have included preparation of a
detour plan to divert traffic around the proposed construction area.
Corrosion Control
We understand the critical nature of this steel transmission main and fully agree with
the City's desire to use tape and mortar coated pipe for corrosion protection, as well as
providing a corrosion analysis to determine any additional corrosion protection measures.
We have included V & A Consulting Engineers (V &A) on the Psomas Team for
performance of this engineering task. V &A specializes in corrosion engineering, and
in fact, provided corrosion engineering design services (as DeC Consultants prior
to acquisition by V &A) to Psomas for the City's Irvine Avenue Transmission Main.
Corrosion control recommendations will likely include placement of magnesium anodes
along the pipeline alignment, bonding ofjoints, installation of corrosion test stations, and
wrapping of all buried metallic surfaces with wax tape.
Project Management Approach
Psomas proposes to assign our two most experienced water pipeline engineers to the
CDM Transmission Pipeline project. Mr. Joseph Boyle, PE, with over 26 years of pipeline
experience, will serve as our Project Manager. As shown in the Project Team and Project
Experience sections of this proposal, Mr. Boyle has managed and designed numerous large
diameter pipelines in Southern California, including serving as Project Manager for the City
F S O M A S Fxhlbit A- Revised Scope ofWark and Organization Chart 13
1-71 my.po;aexoh Exhibit A - Revised Scope of Work
E nq�m:? u,q }o, "cgs f., C. n nma UM
Pae, and Organization Chart
of NC„vporl Hcach',s Irvine Avenue Water Main Re placer is nt project. M I Vernon AVcisman.
possesses over 29 ,ear.. of experience in civil engiueeriq . and pipeline design, He
Iecenlh Completed the design ofseveial large diameter steel watei pipelines and a pressure
educing station modiheatiun project for Irvine Ranch Water District. Mr. Weisman is
lainiIial with the Ciiv, siandaids and procedures, having served as Resident t::ngineer for
dte Cil1''s Section i Sewer I.,ih Station Upgrade project on I.inIc Balboa Island and brines a
construction perspective to every project he works on.
As Project Manager. Mr. Boyle will prepare weekly and monthly piojecl status reports to
update (lie City's project manager. Each weekly status report will consist of a brief e -mail
summarizing the activities completed the previous week and the activities planned for the
upcoming week. The monthly status reports will provide more detail, summarizing the
work completed and reviewing work status related to budget and schedule. The project
schedule will also be updated on a monthly basis for inclusion in the monthly status report.
Quality Assurance and Quality Control
The Psomas quality assurance /quality control (QA /QC) program will follow our standard
I6- Point" policies, procedures, and internal documentation plan. This plan begins during
the initial proposal and budget phase and concludes with the project close -out. The plan
also includes ongoing quality assurance with our "Checkmate" system that documents
technical aspects of the project assuring accountability. Our QA /QC officer for this
project, Mr. Harvey Gobas, PE, will assist our Project Manager, Mr. Joseph Boyle, PE, in
successfully completing all aspects of the program.
Key QA /QC junctures throughout the project delivery phase include:
/ Upon completion of the draft and final versions of the Basis of Design Memorandum
/ Prior to the 60% submittal of plans and specifications
P Prior to the 90% submittal of plans and specifications
Prior to the 100% submittal of plans and specifications
Our quality control reviewers will be experienced in- house, independent professionals
in their respective fields who are not otherwise involved in the day -to -day design of the
project.
1n addition to our standard QA /QC internal o - - - a o - o
procedures, experience has taught us the most
reliable path to quality is to "engineer" quality No Amount of "quality
into our design process itself. This includes: by inspection °will deliver
Proactive Listening to Clients — Our goal quality if the team itself lacks
is to give our clients what they want. We the requisite experience.
believe all of us working together produce
a better design than all of us working separately, so active communication with our
clients is an important part of the overall quality process.
1 Experienced Design Teams — Our core project team (including subconsultants) has
worked together on numerous similar water production facility projects, as well as a
F S O M A S Exhibit A - Revised Scope of Work and Organization Chart 14
city olWe•ra.oBeach Exhibit A - Revised Scope of Work
Engmee"mg servken IC• Corona Del Ala+
r,ar,,n„ss,onP,oeline and Organization Chart
Z. variety of other public utilities p,oiccts and eumbmes u%er a century of e.NpeIfence in
civil anginecnn".
The Two-Engineei Rule —I lie Itxo- Engineer Rllle assures all delivered work
is prepared by and reviewed bt tnvo engineer. in responsible charge. usually the
project manager and project engineer. Overall qualiq assurance by inspection is then
undertaken by a third quality revie++• engineer who is typically an officer of the firm.
Scope of Work
The scope of work for the project consists of three phases:
Phase I —Pre -Design. Phase I requires a pre - design report to analyze all issues
involving the proposed 30 -inch and 24 -inch transmission main alignments. The
report will also analyze the best location for relocation of the existing pressure
regulator out of East Coast Highway to Dahlia Avenue, or another location that
achieves the same goal of eliminating lane closures on Coast Highway.
Phase 2 — Design I Phase 2 involves preparation of construction plans for 5,300 lineal
feet of 30 -inch steel transmission main in Pacific View Drive, San Miguel Drive
and MacArthur Boulevard, 2,000 lineal feet of 24 -inch steel transmission main in
Carnation Avenue, and relocation of the existing turnout from its current location in
East Coast Highway to Dahlia Avenue.
Phase 3 — Construction Phase Services I Phase 3 will provide construction support
services for the City during construction of the pipeline. Some of these duties will
include, but are not limited to, construction meetings, site visits, shop drawing
reviews, construction staking, and preparation of record drawings.
Following is a detailed description of each task included in the scope of work:
Phase 1 — Pre- Design
A. Alignment Studies. Pre - design services will include development of alignment
studies by investigating all known utilities along the recommended alignments.
Special consideration will be required when analyzing relocation of the regulator
structure from Coast Highway to Dahlia Avenue.
B. Survey. Psomas surveyors will establish survey control and locate ten (10) aerial
targets using a combination of both GPS and conventional survey methods.
Horizontal survey control and aerial targets will be based on the North American
Datum of 1983 (NAD 83). Elevations will be based on the Orange County Surveyor
vertical benchmark system, which is based on the North American Vertical Datum
of 1988 (NAVD 88). The project area will be targeted and flown. The alignment
shown on the site map will be mapped from right -of -way to right —of -way at a scale
of 1 "=40', with 1 -foot contours and spot elevations on a 50 -foot grid (approximately
7,300 feet). The new regulator site at Coast Highway and Dahlia Avenue will also be
covered. Mapping will be prepared using traditional stereo compilation methods and
will be flown at the appropriate flight height to ensure that mapping will meet and/or
exceed National Mapping Accuracy Standards.
F S O M A S Exhibit A- Revised Scope ofwork and Organization Chart 15
�` • {•- _ fin•nl rle.•ppn Peach Exhibit A - Revised Scope of Work
na„aourYm npu,,.' and Organization Chart
1 digital aerial nr[hupII0101 raph gill be included 0n the final plans ror reference
Sun -e_\ X%ill be per lornIcd to determine elegy aliens 01' existing sewer and storm drain
I mnhole rnus and 11ow line elevations and all structures and improvements %whin the
project limits. which mad he pertinent. or in conflict with die proposed desten.
A I'sontas survey crew t 611 survey and locate manholes, measure inverts; and prof ide
a field sketch of each sewer and storm drain manhole, including catch basins or droll
inlets. if any.
Construction staking will be provided by Psomas for the City's Contractor (our fee
for construction staking is included in Phase ; -- Construction Phase Services)
C. Draft Pre - Design Report. A Drah Pre - Design Repot will be prepared in a Ihree-
ring binder format with appropriate exhibits using the required aerial photograph.
Traffic control considerations and utility interferences will be analyzed in the report.
The report will recommend alignments for the entire project, based on the utility
information received from the City and other utility owners. A cost estimate will be
prepared for comparison of each alternative. We have budgeted for two (2) pre- design
meetings with the City to clearly establish the City's desires and preferences on
alignment decisions and critical connection points. Five (5) copies will be submitted
for review and approval by the City.
D. Final Pre - Design Report. Psomas will meet with the City to review and discuss the
City's comments on the Pre - Design Report. Psomas will submit five (5) copies of the
Final Pre - Design Report, incorporating all comments from the City's review of the
Draft Pre - Design Report.
Phase 2 — Design
A. Geotechnical Investigation. Our geotechnical consultant, Hushmand Associates,
will drill, log and sample eight (8) soil borings with a hollow -stem auger drill along
the pipeline alignment. The borings will be drilled to a depth of 15 feet below ground
surface or practical refusal, whichever is reached first. Documentation of the surface,
subsurface and groundwater conditions, and the engineering properties of the soils
encountered during the site investigation will be provided. Laboratory testing will be
performed on the sampled soils to evaluate the engineering properties. A geotechnical
report will be prepared including recommendations for compaction and paving
requirements. Corrosion tests for sulfate and chloride contents, pH and soil resistivity
will also be performed.
B. Survey. Aerial mapping and topographic survey are included in Phase t
— Pre- Design. Construction staking is included in Phase 3 — Construction
Before any potholing efforts Phase Services.
are made, Psomas will C. Pothole Investigation. We have included Underground Solutions on our
provide a pothole exhibit to project team to perform 35 air /vacuum pothole excavations of existing
the City of Newport Beach utilities to aid with the vertical alignment of the proposed domestic water
project manager for his/her pipeline, e.g., critical crossings with existing sewer, storm drain, and dry
review and concurrence. utilities. Pavement will be repaired with "Perma- Patch" asphalt mix and is
guaranteed for a three -year period.
F S O M A S Exhibit A - Revised Scope of Work and Organization Chart 16
?-91 City of W-ron Beach Exhibit A - Revised Scope of Work
.f r 3N Empoe<nn_Servrtes lm Lnnna riot ;a.0
: r,anvms%ionPlpehne and Organization Chart
t ) Proler.t Scheclulrl I'reptre and update the project schedule throu Lltout the Course
of the project The schedule will include the pre- tdesiLn. design. buldim_. :nrj
construction phases. and will itdentif% shop drawing re%ie%% and appro%al iinu <. as
%%ell as pipeline manulacturing and cdcli%er) times
L Team Meetings. Schedule and lead meetings with the Cily and attested ulilih
cnmpanics to assure all design, operational, and maintenance issues are beine
addressed. 'Fire. Engineer will prepare each meetim {'s agenda and provide mcetinL
minutes and action items. A total ol'sis (6) meetings is anticipated.
P. Corrosion Analysis. V &A Consulting Engineers %till perform a corrosion analysis
and make recommendations for corrosion protection of the pipeline. Corrosion
protection details will be incorporated in the construction documents.
G. Construction Plans. Prepare detailed construction drawings in AutoCAD (2007
version or later) and in accordance with City drafting standards. Each plan sheet will
be on City standard 24" x 36" sheets. Plan and profile sheets will be prepared at a
scale of t" = 40' horizontal and I" =4' vertical and will cover approximately 1,000
feet of pipeline per sheet. Design services will include preparation of construction
drawings showing plan and profile views of the pipeline, all connection details,
all pipeline appurtenances, preparation of detailed written special provisions, bid
documents, quantity estimates and an overall cost estimate.
Construction plans will be submitted to the City for review at the 60 %, 90% and
100% completion levels. Eight (8) full -size copies will be provided for each
submittal. The following deliverables will be provided with each design review
submittal.
60% Design Review. Submit 60% complete plans, a refined cost estimate, and
preliminary special provisions for review and comment from the City.
90% Design Review. Submit 90% complete plans reflecting 60% design review
corrections, a complete and detailed cost estimate on the Contractor's bid proposal
form (with cost estimate back -up detail), complete and (and bound) special
provisions, contract documents and any appendices, for final approval from the City's
Public Works Department.
Final Approval Review. Submit final plans reflecting 90% design review corrections,
complete (and bound) special provisions, contract documents and any appendices, for
final approval and plan signature by the City.
Upon resolution of all City review comments, a final signed plan set consisting of a
Mylar for the title sheet and bond plots for the remaining sheets will be prepared and
submitted for the City's approval.
The City anticipates a period of two (2) weeks for plan reviews of each submittal.
Each plan submittal will be reviewed with City staff in a preview meeting. Psomas
will attend the meeting to explain or answer any remaining questions. We will
submit the final electronic files to the City on two (2) separate compact discs with
AutoCAD files contained on one CD and a second CD containing a single PDF of the
entire construction drawing set.
P S 0 M A S Exhibit A - Revised Scope of Work and Organlzatlon Chart 17
Exhibit A - Revised Scope of Work
City of Newport 9eadr
Eg.eenng S, vemOA ma,
and Organization Chart
I'he lollots•ing plmo ,heels are anticipaled fur the project
Sheet No.
2
N
m
14
51
16
17
18
19
20
21
22
23.
24
Title Sheet
Standard Symbols and Abbreviations, Vicinity Map, Index Map and Sheet Index
Construction Notes. Basis of Bearing, Benchmark, Public Aoencles and Utilities,
City Gcneral Water Notes and Notice to Contractor
30 -Inch WTM Plan and Profile - MacArthur Boulevard
30 -Inch WTM Plan and Profile - MacArthur Boulevard
30drich WTM Plan and Profile - MacArthur Boulevard
30 -Inch WTM Plan and Profile -San Miguel Drive
30 -Inch WTM Plan and Profile - San Miguel Drive
30 -Inch WTM Plan and Profile - Pacific View Drive
24 -.Inch WTM Plan and Profile- Carnation Avenue
24 -Inch WTM Plan and Profile - Carnation Avenue
24 -Inch WTM Plan and Profile - East Coast Highway
Regulator Valve Vault Piping Plan and Profile - Dahlia Avenue
Regulator Valve Vault Mechanical Plan - Plan View, Section Views and
Miscellaneous Mechanical Details
Construction Details -lap Welded Slip Joint, Butt Strap Joint, Pipeline Trench,
Tie -In Connection Details
Corrosion Protection Plan and General Notes
Corrosion Protection Details
Corrosion Protection Details
Traffic Control Plan -Title Sheet
Traffic Control Plan - MacArthur Boulevard
Traffic Control Plan - San Miguel Drive
Traffic Control Plan - Pacific View Drive
Traffic Control Plan - East Coast Highway
Traffic Control /Detour Plan - Carnation Avenue
H. Specifications and Bid Schedule. Prepare technical specifications and a bid schedule.
Psomas will provide complete design services for the project in accordance with
the Standard Specifications for Public Works Construction (latest edition, including
supplements), and the City of Newport Beach Design Criteria, Standard Special
Provisions and Standard Drawings (2004 Editions).
I. Opinion of Probable Construction Cost. Prepare an itemized opinion of probable
construction cost for submittal at the 90% and 100% design completion levels.
I Addenda Preparation. During the bidding period, Psomas will assist with providing
information and clarification of bid documents to prospective bidders and we have
budgeted for the preparation of four (4) addenda, if so requested by the City.
PS 0 M A 5 Exhibit A- Revised Scope of Work and Organization Chart 18
o`t$')f,•o Gryollae•,noineazn Exhibit A - Revised Scope of Work
r X En,.f,.�q ; =incur4u Corona Del Alai
„..,,,,,I,•0. ".. and Organization Chart
Phase 3 — Construction Phase Services
A. Project Meetings. \Vc will at 10 project meetings of one ( I) hour each during the
construction period, including preparation nfageIda and documentation of meeting
nlinuics,
B. Contractor's Requests for Information. Respond to appioxinmiely 15 contractor
Requests for Infnnnadon.
C. Minor Plan Revisions. Provide 24 hours of staff time for minor plan revisions to the
construction drawings.
D. Site Visits. Conduct eight (8) site visits of two (2) hours each during the construction
period.
E. Shop Drawing Review. We have budgeted for review of up to 25 shop drawing
submittals, including perfonning a second review of half of the anticipated shop
drawing submittals. We believe this is a realistic number of submittals for a project
involving a large diameter pipeline, regulator valve vault and appurtenances.
F. Record Drawings. Psomas will prepare record drawings on 24" x 36" Mylar for the
title sheet and bond copies for the remaining sheets at construction completion using
the Contractor's and City Inspector's redlines. Final record drawing Mylar and bond
sheets, AutoCAD electronic files, and PDFs of the final as -built Mylar and bond
sheets will be submitted to the City at the completion of construction.
G. Construction Staking. As required in the City's RPP, a Psomas Survey crew will
provide one (1) set of construction stakes for the 7,300 LF of water main, regulator
valve vault and all appurtenances. The pipeline will be staked at 40 -foot intervals
(steel pipe joints) and at horizontal and vertical angle points. Staking offset will be
based on the Contractor's preference. Stations, offsets and cuts will be provided both
on the ground and on cut- sheets. A copy of the cut sheets will be provided to the City
and Contractor upon completion of staking.
F S O M A S Exhibit A - Revised Scope of Work and Organization Chart 19
CaVo nwpnnBeach Exhibit A - Revised Scope of Work
Fnq.ncc,mq Se�ceilnr COOnE p.•i b1n,
Oawmnt.on P,pchne and Organization Chart
�LW1Q
F
5Mn
is Kays
P 5 0 M A S
Joseph Boyle, PE
P S O M A S
Vernon Weisman, PE
P S O M A S
Harvey Gobas, PE
P S O M A S P S O M A S P S O M A S
Nancy Heim, PE Neha Gaijar, PE John Kaneshiro
MOAN 0056 trqf
P S O M A S P S O M A S
Anissa Voyiatzes, PE Dave Moritz, PLS
Geotechnical
flushmandAssociates, Inc
Ali Bastani, PhD, GE
Potholing
Underground Solutions, Inc
Dave Munson
Corrosion Analysis
V &A Consulting Engineers, !nc
Glenn Wilson, PE
P S O M A S Exhibit A- Revised Scope of Work and Organization Chart 110
EXHIBIT "B"
CITY OF NEWPORT BEACH
Corona D.1 ].far Transmission Pipeline and Carnation Avenue Pipeline
Engineering Services Proposal
Estimated Labor HOUn and Fees
Total Eatlmete l HOUn and Fee for Pheses la 1 167 13 340 146 64 108 298 62 100 76 104 1458 1 5216,091 III 116,650 185 $370031 183 524,720 1.931 16.15]1 1102,621
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Total Eatlmete l HOUn and Fee for Pheses la 1 167 13 340 146 64 108 298 62 100 76 104 1458 1 5216,091 III 116,650 185 $370031 183 524,720 1.931 16.15]1 1102,621
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unfair advantage and his bid should be rejected. Last of all„ Roberts does not qualify as a qualified
contractor i.e. experience.
We wait your response..
Very truly yours,
74ark rkrtu' ich naging Partner
" Taylor flus Serv„ ine, v. San Diego Pa. of Educ., 195 Cal, App. 3d 1331 (1987); MCM Constr., Inc
v. City & County of S.1- 66 Cal. App, 4tb 359 (1918).
"" Valtey Cresi Landscape Inc. v. City Council of the Cio, of Davis, 41 Cal. App. 4th 1432
11996).
'« See, "I" N . . _. t. of Cur.. 11 i at. App. 41h 1446 (1992).
s"t Stimson v. Hanle,, 151 Cal. 379 (1907); Ghilotti Constr. Co. v. City of Richmond, 45 Cal. App.
4th 897 (19%).
"See, e.g., Menefee v. Count.- of Fresno. 163 Cal, App, 3d 1175 (19855.
"" Stlmson va Hardee, 151 Cal. 374 (1907).
ras Menefee v. County of Fresno. 163 Cal. App, 3d 1175 (1985),
xnp See universal S}°- Produets v. Modcsto, 43 Cal. App, 3d 145 (1974),
MCM Constr, Inc, v. City & County of S.F., 66 Cal. App. 4th 359 (1998).
'Il See, e.g., MontereyMech. Co. v. Sacramento Reel County Sanitation Dist., 44 Cal, App, 4th
1391 (1996).
'°` Nee e,g., Educational & Recreational Sews., Inc_ v. Pasadena unified Seh. Dist, 65 Cal. App.
3d 775 (197 ?).
't3 163 C. xl. App. 3d 1173 (1985).
(1996).
"s A ease decided shortly alter Vat/ev C"reet involved �Lnkingiy similar circumstances but reached a
different result. See G[4lotti Constr. Co. v, City or Richmond, 45 Cal. App. 4th 897 (1996), review denied,,
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