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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 N N N C d E c E a Q. E y U 6. Q v W O o CD H o R Q U p 0 d C d m� �o`o s X Z R m J W W C U UC —y�m a � N U O W O m O U c W <6 O Q iV N'.n N 1;0 0 N ` a er w �n O M E9 N M I o Q tl I I i CO M O W -: FAQ b!: vii:. f9 W fq I •- M i V F es- � r o � o co o'v v � !v a e ,C Nf O OWN O N;O O N I W tOQ)..M N LV V a ONi N M M H h C L L R d d N d R V O O L I G d d N y A R U_ O NI C N L O U', 2 v Ci 2 �.c C, C d:. O. 0,.. Lm ..N OH O _O N V B t, Q,', m'. 0 Li L t � w m m» rn c m v L p N N C C O U T U V ry . N p 2 N O R o O a E 0 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 )\ 3�\} \2£� /@ } {# EEL g$ xZ(,M a ` §)\7 [ } {/ // 7 /\ ») ( \a »fkf ;a ¥R /aa 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 z j � 5 O Pga J �J,ACPRTHUR ) `� 30" MAIN EX.� r a N m PO TIE INTO /� V yo 1B " MAIN EX. D O ✓ ✓��w� LEGEND EA SWG E T wWIx EASTNG vi-STE E Rnww OR W:E E16fWG STORM ORAN:WE 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.). �9:4 Oki khI1ORM-11111IWJII 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 cJr i.,�+ � Gp�nl lJrxppn Berth �' r[Iri�nn,•,i[ly `nl.'itr5l:1[fn[i iiJ rr�I �,fal r..l ..f[.,'n•o.. r[�.: Inc 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 $370031 183 524,720 1.931 16.15]1 1102,621 P<m1e<eLn 9uGron<Ciynl< PM- RO)<G Merup, 5f19YTt) C <emWtial- MUallund Anetla;e<, be OC - au.D, C- ,Sl($'.am PaMOnO- Uneerynm4 S.W.,lnc PE - P Jfcrs 61 {nver(11}UM Cmmm6n -V BA C —.N Eroieen - PD - PIP.M. Oealpn (31 "ft) PI] -Pmnlh end then. (1117/1) RW - RigbrnM1"Eno (stator) CADO — Land CAD Designer (41 IMO PA- PmIm N<hhmp85Mq 9ubmnadlNntS AMC -A.A. Mep Canlpllea (SMA,r) TMM4 -Tn9e COmW 2419 Rah 1112M) l rr rvly.2:Nan euvry CroW n242MI e-22M T'.:n4„]^.9: ..+j•.T �a Deemcnmcal Po:nolm0 I CA--.. I row U+eal PM QC PE PD PU RW CADO PA AMC Tnni< survey Houn Noun 1 e un 1 s I Noun t rmun :mu Pnva.1- Pr.- OeelOn I _A �A06]�me015Ndlaa e 0 12 20 20 0 22 0 0 0 0 E2 311!24 0 50 0 $01 0 SGI t2 S205I SSi 530 B. Te 0 0 0 0. 0 as 0 e 100 0 L 2a1 3] ],5.6 0 30 6 SJI C 5,, I: S105a, L']Oq G _OOnpp_k__6vry - DnO PIa- Dealgn Amin 10 2 52 12 0 0 N 4 0 0 0 G< 512.658 0 f0 0 131 - Sol cc 56�: S:'316 o. 'Final P]WUl Raen e 1 12 a 0 0 12 2 0 0 0 n 16.205 0 so 0 ICI a sa sfi:e s6 en EaCtool Ph... 11 26 3 56 36 20 as 5e 6 100 0 51 a4o 16•,2JJl 0 SC 0 Sol 0 So m9 1a506I 168, 739 Ph...3 -Ool9n 1 0. DOOtOr__... ldvm00ed9n 1 0 2 0 0 0 0 0 0 0 0 ] $S]8 111 316,650 0 'a 0 IOI I. Li IBE S_ 3wvvy (Intl udedNPllaaval aria') 0 0 0 0 0 0 0 0 C a 0 D so 0 to L Sa 0 f0l :. So eul 30 C._PONOIa NVeIIIOeHen 0 0 6 6 0 0 6 0 O 0 0 15 $2fi16 0 30 165 "7 on L 36 }0l 1]9619 p, 2 0 6 0 0 0 0 0 0 0 0 S 51.24 0 so 0 Sal 0 ` -OI a a,j SS .7. E T..MmMH! St. ]2 0 12 a 0 0 0 6 4 0 0 30 4,753 0 So 0 f 0 501 ]0 11 :I 1+ 5S8 F. LnrmSle1f 2 0 4 0 0 0 0 0 0 0 0 5 11,0 76 0 $0 G SC ++ S55]St .0 n 52 b1: O. .COnsia, APlana 52 0 84 60 0 0 180 0 0 2fi 0 452 $61.263 0 50 J SD� [ 124.' 151565 `60X Uealgn Revicw 8 4 18 8 0 0 Ifi 4 0 0 0 56 38,SU 0 f0 .. So 6 341 -- ic, Ie59• 90R Dee10!l.Revlew 6 4 14 4 0 0 12 4 0 0 a o• 16,565 0 So 0 10 n' 55_9: A2 <'•i Fnal Plen fteNew 4 2 8 2 0 0 6 + 4 0 0 26 SJ,Re 0 SO a Sal C "' .a Said 4}28 H_'Spec:lntlom and Bid Smedu0 6 0 18 4 0 0 0 0 0 0 0 21 f!9<P D SOI o 301 ? 501 L• 516 >•9h I. OpWan E1P'EVbl4 Cam0uNOn COaI 2 0 10 2 0 0 0 0 0 a 0 la 12.409 0 S4I a f0l 'i Sd 4 SO S }a0E J. Addenda Pn radon 4 0 10 2 0 0 0 2 0 0 0 15 13.918 0 f0 S0 0 f0 le 130 52.966 Subtotal Ph*.&2 !9 10 190 e8 0 0 220 20 0 76 203 1101.5.1 111 516,650 105 Sn.003 162 121,6511 1160 V.IO] 5180,165 P11aaa ]- Cenataunlon Pllaaa 9aMcsa I A. Pm eq Mee11n0a IO mtOa) 10 0 20 0 0 0 0 2 0 0 0 32 55,510 0 10 0 fel 0 50' ,. S, $$.to S. COnhngoNRe Bean brlMOrmvOon(15 RFI'a) 10 0 16 4 0 0 0 2 0 0 0 12 t5.350 0 50 4 SJ 5 5613 .- S. F, 1C9 ...............9......_.. ...... .,. .. _ ,Miner Plen_ReNa R.A.S. noun el5:ell Tlmel 2 D e o 0 0 12 z o 0 a z• sJ.11e a SD a so S. SE50 CS SYO > +10: _4 0. SIIa Wna(a V. its 812 nn 0ec0) 0 0 16 0 0 0 a 0 0 0 0 16 St28• 0 50 c SCI P 11 :]Ol :+ 51551 094 E. Snapp s ReVAw(25 Subm)nala) e 0 20 t6 4 0 0 0 0 0 0 eG 512,•12 0 so a Sol 1 5,54' 9] SSa.I iU,44 F. RewM OTNnpa 2 a ! 0 0 0 E 20 C a 0 Ja 1..,5 0 o C IO L SO S +50 54 A66 0. CenalNNen BnMa G 0 6 0 0 20 0 0 0 0 50 }6 fi5,3u 0 50 0 SO 0 SL 12001 St. S.M.l Ph...3 52 0 9• 20 44 20 20 26 0 0 30 309 1.9.114 0 4G 0 30 21 ...mj 328 .31,]50: 153.632 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 $370031 183 524,720 1.931 16.15]1 1102,621 P<m1e<eLn 9uGron<Ciynl< PM- RO)<G Merup, 5f19YTt) C <emWtial- MUallund Anetla;e<, be OC - au.D, C- ,Sl($'.am PaMOnO- Uneerynm4 S.W.,lnc PE - P Jfcrs 61 {nver(11}UM Cmmm6n -V BA C —.N Eroieen - PD - PIP.M. Oealpn (31 "ft) PI] -Pmnlh end then. (1117/1) RW - RigbrnM1"Eno (stator) CADO — Land CAD Designer (41 IMO PA- PmIm N<hhmp85Mq AMC -A.A. Mep Canlpllea (SMA,r) TMM4 -Tn9e COmW 2419 Rah 1112M) rr rvly.2:Nan euvry CroW n242MI PIOmd1 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,, A rb �o -�I to i? I� PRO �i • •i �l +1 -, +-+ N O V M � O � U U mmW F� 1-4 e �i •1' v a-+ 4J v 4J Q,! "d N v ^�^I Ind v I .l W- O O U O O v N rt3 U bA 0 AV N rl W O Q.1 Ll i� CIO 0 O Q� Qj w u rl ^� cu Ci v O A-. 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