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HomeMy WebLinkAbout06 - CDM Water Transmission Main��EWPORr . ® CITY OF NEWPORT BEACH Lofty C®fl.110 ciP Staff Report Agenda Item No. 6 February 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3311, dawebb(cDnewportbeachca.00v PREPARED BY: Patrick Arciniega P.E., Senior Civil Engineer 949 - 644 -3347, parcinieoa(cDnewportbeachca.00v APPROVED: 4s: - (,- �i TITLE: Approval of Professional Services Agreement with Willdan Geotechnical; and Amendment No. 3 to Professional Services Agreement with PSOMAS for the Corona del Mar Water Transmission Main ABSTRACT: The Corona del Mar Water Transmission Main project will require geotechnical and material testing as well as specialty inspection services during construction. The City requested proposals from three firms and selected Willdan Geotechnical (Willdan) to perform the testing and specialty inspection services for this project. Additionally, the contract dollar amount for design and construction support services provided by PSOMAS under their existing agreement has almost been reached. Due to increased work necessary during the design phase as well as a need for additional construction support services, increased contract funding is needed to support these design and construction services. RECOMMENDATIONS: 1. Approve the Professional Services Agreement with Willdan in the amount of $187,400.00 for geotechnical and material testing and specialty inspection services; and authorize the Mayor and City Clerk to execute the agreement. Approve Amendment No. 3 to the January 25, 2011, Professional Services Agreement with PSOMAS increasing the compensation by $55,912 for additional design and construction support services and authorize the Mayor and City Clerk to execute the amendment. I 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 2 FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for the Professional Services Agreements associated with the Corona del Mar Transmission Main project. Funds are available in the CDM Transmission Main Project Account No. 7511- C6002008. 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 Agreement with 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 RFI'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: David A. Nebb 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 PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN GEOTECHNICALFOR CORONA DEL MAR TRANSMISSION MAIN PIPELINE IMPROVEMENTS THIS AGREEMENT FOR PROFESSIONAL. SERVICES ( "Agreement') 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 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: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as It is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to 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: "4 -1.UN 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. 2. SERVICES TO BE PERFORMED 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 PERFORMANCE 3.1 Time is of the essence in the performance oi' Services wider this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to 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 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates 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. 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. 4.3 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 o 36 4.4 Consultant shall not receive any compensation for Extra Wok 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 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ross Khiabani, 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 removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Patrick Arciniega, 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 shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in, the execution of Its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional WILLDAN GEOTECHNICAL Page 3 o 36 standards" shall mean those standards of practice recognized by one (1) or more first - class firrns performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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 all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 page 4 o 36 '10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. 'The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to 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 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. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of WILLDAN GEOTECHNICAL Page 6 o 36 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 orjoint - 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 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 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 All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. WILLDAN GEOTECHNICAL Page 6of36 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 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 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. 22. 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. 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 borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. WILLDAN GEOTECHNICAL page'Yof36 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 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. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Patrick Arciniega, Senior Civil Engineer Public Works City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 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 Pagel 8of36 Attn: Ross Khiabani, PE, GE WILLDAN GEOTECI-INICAL 1515 South Sunkist Street, Suite Anaheim, CA 92806 Phone: 714- 634 -33,18 Fax: 714- 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 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required; that party shall be deemed In default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting 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 13 of 36 county, state and federal laws, rule$, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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. 29.4 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 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. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's 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 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] WILLDAN GEOTECHNICAL Page 110 or 16 WILLDAN GEOTECHNICAL Page ma of 36 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN�Y'S OFFICE nnta- L /11 / 13 Aaron C.'Harp City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation h Keith Curry Mayor CONSULTANT: WILLDAN GEOTECHNICAL, a California corporation Date: By: Ross Khiabani Director of Geotechnical Services Date: Bv: Roy Gill Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements WILLDAN GEOTECHNICAL Page 12of 36 EXHIBIT A SCOPE OF SERVICES f36 WILLDAN GEOTECHNICAL Page A -1 -\,n /�WI,L.LiDAN Exhibit A Corpor-ate Documentafioll Corporate tatua /iDvvnarsNtip Willdan Geotechnical is it division of Willdan Cngineering, it wholly- owiled subsidiary of Willdan Group, [tic., it publicly traded California Corporation, listed on the NASDAQ stock exchange. Willdan Group has provided professional consu Ili ng services to public entities since its inception in 1964. Starting in 1.999, Willdan Group collected its geotechnical engineering services into an operating division which did business as Arroyo Geotechnical until 2003, when it was renamed Willdan Geotechnical to reflect the integrated nature of all of Willdtnl Group's operating divisions. Willdan Geotechnical's principal place of business is located at 1515 S Sunkist Street, Suite E, Anaheim, California. lWanagement Tenure Ross Khiabani, PE, GE, is the Senior Vice President and Director of Geotechnical and Material Testing Services of Willdan Geotechnical. Ross has lead Willdan Geotechnical since 2003, He has more than 30 years of experience providing professional geotechnical engineering, materials lusting, and inspection services in Southern California. Girish Agrawal, PhD, PI;, GC, is the Principal Engineer for Willdan Geotechnical. Girish has been with Willdan Geotechnical since 2009. He has nearly 20 years of experience providing professional geotechnical engineering and construction support services in California. Joseph M. Ritchey is the Operations Manager for Willdan Geotechnical's Materials Testing & Special Inspection DeparUnent. Joe has been with Willdan Geotechnical since 2004. He has over 25 years of experience providing construction inspection and materials testing services, Joe manages and supervises the material testing, special inspectors, and deployment of inspectors and technicians. Financial Strength The Willdan Group has sustained a healthy financial perfoimancu record clue to a strong, dependable reputation in the engineering consulting and municipal services industries. There are no (mown conditions that will impede Willdan's ability to successfully complete geotechnical City of Newport Beach, Poblk Works Doparlment Goolarl -Weil, hlalefial Teslinp, ind Spocial lnspcclioo Servicos 17 of 36 engineering and materials testing; /inspection assignments Ier the City of Newport Beach Department of Public Works. 9?r4Becd 1Ullidershuu9iug We understand that the City of Newport Beach (City) requires gcotechnical, special inspection, materials testing and non-dcslructive testing of all Welds for the Corona Del Mar Transmission Main Pipeline Improvement Project. This project calls for the installation of 5,300 linear feet of new 30" CNILc %TW steel pipe transmission main extending from the existing 30" main in Pacific View Drive clown the proposed alignment to the existing 30" main at the intersection of East Coast Highway and MacArthur Blvd. An additional 2,610 linear feet of new 24" CIVIL &TW steel pipe will tie into the connection or the new 30" CML &TW steel pipe at MacArthur Blvd. and East Coast Highway and extend down Carnation Avenue to tic into the existing 24" water main on Bayside Drive. The work involves both open -cut and jack and bore construction. The City's existing regulator structure from Metropolitan Water District System (CM -1) in, East Coast Highway at Fernleaf Avenue will be relocated to Dalilia Avenue. The existing CM -1 regulator structure will be removed and a replacement line from the new regulating structure will tie into the existing line at the old structure. Lastly, the construction of the new CM -1 vault in Dahlia Avenue will require relocating the existing 8" sewer main and installing a new 16" CML &TW steep pipe in Dahlia Avenue and 5 "' Avenue. Scope of services Geotechnical Willclan Geotechnical understands that our efforts will be directed by the City's Construction Manager. We propose to perform all required geotechnical observation and testing during all phases of the proposed construction. The services will be provided in accordance with the applicable building codes, per requirements of approved project plans, and specifications. o Review of all the plans and specifications. Our team will familiarize themselves with all the details of the project. a Attend preconstruction meeting. Soil technician on site during trench excavation, pipe bedding placement, trench backfill and jack and bore operation with engineering support on an as needed basis. Technician City of Newport Beach, Public Works Department Genlrchltiral, PAnh aial Tr sthig. alld 8pnolat tnspedion Ssrvices 18 of 36 ., Gootodulk;al shall perl'ornl all necessary field testing (nuclear gauge) of compacted backlill to ensure proper compaction for pipe hedding and roadway subsurf lce. Soils technician on site to perform all necessary aggregate base and asphalt density testing at roadways. Perform as needed laboratory testing to determine soils engineering and index property: • Provide engineering support, technician coordination, engineering review, test reporting, QA /QC, and administrative support services. • We will promptly submit (laity field- testing reports indicating information pertinent to the work performed and their compliance or non- compliance to the project documents aril applicable codes. These will be provided to, the owner, client and /or building official for review. • The written daily reports at a minimum will include, (late of issue, project title and number, name of the individual making the observation and testing, description of wort( area /material tested, result of observation /test data and interpretation of the data, and professional opinion as conclusions and recommendations, A sumple field (laity report will be presented in the beginning of the job and approved by project construction manager. Materials As stated in the Project Understanding section, Willdau understands that our efforts will be directed by the City's Construction Manager. We anticipate putting a least inspector on the project with all applicable licenses — reinforced concrete and structural steel welding/bolting our inspcetol' will also perform dyc penetrant testing oil all welds in order to reduce die need for multiple inspectors onsite. Our designated 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 following is a list of minimum services provided: . o Attend preconsiruction and bi- weeldy construction meetings,. U Review of all the plans and specifications. Our team will familiarize themselves with all the details of the project. o ICC certified structural steel assembly /bolting inspector during all phases of structural steel assembly /construction. Review welder and material certifications prior to field welding. Observe and /or lest all bolted aril welded connections per approved plans /specifications and applicable building code requirements. U ICC certified reinforced concrete inspector daring construction of any and all structural concrete elements. Inspect the placement of reinforcing steel for compliance with the City of Nowport Beach, Pllbn6 Works Deparbneat Goohddutica;, blafadal Teslinp, and Speciallnsporlioa Survires 3 19 of 36 NNILLDAN plans and specifications. Monitor the placement and QC of concrete, non - shrink grout, anchors and epoxy. Sample and test the concretc/unn- shrink grout for slump, temperature and compressive sn'ength. • hispect interior mortarjoints for cracks and take photos of each joint on a.s- needed basis on 30" and 24" lines. • provide engineering support, inspector /technician coordination, dispatch, material engineering review, test reporting, QA /QC, and administrative support services. • Observation and inspection of external corrosion protection of pipe field welded joints. Archaeological /Paleoniologicnl P/lonitariug The archaeological monitoring is to ensure that known archaeological resources are not inadvertently impacted by construction activities or equipnneat and to identify buried archaeological material that could be destroyed by construction. Archaeological material consists Of objects modified or used by people in the past. Such material may consist of features or artifacts, such as hearths, projectile points and other stone tools or historic -age artifacts of feahu•es, 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 (lie remains of plants and animals, which existed on earth prior to mankind. Such material may consist of fossilized bone, teeth, leaves, stems, shells, etc. Tile archaeological /paleontological monitoring will be performed under (he direction of the experts following all written and verbal safety instructions from the construction contractor at all times, The only exception is if /when n monitor deeds to temporarily either stop construction or route construction around a sensitive area or finds exposed by the construction activities. In those eases, the authority to divert equipment and activities lies with the monitor and not the construction contractor. All monitors have training and experience working around construction equipment and will coordinate with the applicable equipment operator to ensure the safety of all persons in the construction area. City of Nowporl Beach, Public Works Doparfinent GnnG;rbnical, Pd.darial Toslin! /, and spar "i�l lnsprclior; Services a 20 of 36 EXHIBIT B SCHEDULE OF BILLING RATES f 36 WILLDAN GEOTECHNICAL Page B -1 ENCH BACKFILL, SUBGRAD5, AGGREGATE BASE, AND ASPIIALT TESTING Soils Technician Fir $ 78 Field Vehicle Usage Hr $ 6 Project Geotechnlcal Engineer Fir $ 175 Equipment Usage - No Charge Hr $ - So1I Compaction Curve Ea $ 165 Soil Gradation Ea $ 65 CMB Gradation Ea $ 175 Asphalt Max. Denslty Ea $ 176 Sand Equivalent Ea $ 65 SOILS & AGGREGATE TESTING & OBSERVATION SERVICES T Technician Field (Interior Inspection & Photos ) 798 $ 62,244 798 $ 3,990 32 $ 5,600 0 $ 5 $ 825 2 $ 130 3 $ 525 3 $ 626 4 $ 280 Hr $ 76 64 $ 4,000 J SERVICES TOTAL: $ 4,800 STRUCTURAL STEEL WELDINGIBOLTING Field Welding /Bolling Inspection Hr $ 75 784 $ 58,800 Non - Destructive Testing - ( Dye Penetrant) Hr $ 6 784 $ 4,704 In addition to Inspector rate STRUCTURAL STEEL WELDINGIBOLTING TOTAL: $ 63,604 r Supervision, Dispatch & QA/QC Hr $ 68 110 $ 7,480 Administrative/Typing Support Hr $ 32 60 $ 1,920 Engineering Review & QA/QC Hr $ 32 175 $ 5,600 QA/QC ENGINEERING & ADMINISTRATIVE SUPPORT SERVICES TOTAL: $ 16,000 ARCHEOLOGICAL AND PALEONTOLOGICAL MONITORING Field Monitoring and Final Reports (estimated) $ 30,000 TOTAL ESTIMATED COST: $ 187,400 22 of 36 Fee Schedule) - Personnel Corona Del Mar Water Traait;mission Main Construction Effective JInualy 1, 20'13 tp Project Completion WONICAL STAFF GEOTE'CHNIGAI, 75.00 Principal /Chief Englneer / Geologlst • ....... ............................100 Senior Geotechnical EnglneedGeoloolsl ...........................175 Project Engineor /Geologist..........• .......... ............................150 Senior Staff Engineer /Geologist ............. ............................120 Staff Englneer / Geologlst ........................ ............................100 Sr. Soil Technician (Mon- provailing Wages) ........................ 70 Sr. Sell Technician (Prevailing Wages) ... .............................78 Soil Technician (Non- prevailing Wages ).., .......................... 70 Soil Technician (Prevailing Wages) ....... .............................78 SPECfAl. INSPECTION Construction Material Engineer ........ ............................... 155 Supervisor......................................... ............................... 110 Special Inspection (Non - Prevailing Wages) ......................•.. 60 Special Inspection (Prevailing Wages) ............................... 75 ConcreteTest Report .............•............ ......................1........ 10 11 11 I)Ykl�d {i(�crl bra I l'lir;al onr:h ADMINISTRATIVE Computer Dale Entry ............................ ..........................75.00 Clerical.................... ............................... ......................... 75.00 Word Processing ... ............................... ..........................60.00 ComputerTime ...... ............................... ..........................15.00 CADOperator ........ ............................... ..........................85.00 -rwpe& WITNESS cl al Enginaer /Geologlst ................ .........................350.00 Prin p Staff assignmants dapend on availabill(y of personnel, site location, and the level of experience (hat will satisfy the technical requirements of the proJec( and meet the prevailing standard ofprofessional care. -rhe above srlinduln Is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Travel time to and from the lob site will be charged at the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be Invoicod at cost plus fifteen percent (15"G).A subconsellant management fee of Gfleon percent (15 %) will be added to the direct cost of all subeonsultant services to provide for lho cost of administration, consultation, and coordinallon. Pago 1 of 2 23 of 36 U(-A ) rai:i_oly Corona Del Mar Wafer' Tr'anamiselou I&Iin Co 1IS&MV01I Effective Jantaaly 1; 2013 to PlOject CDmpletioli Pclera£t;ta a ecen phil,l acl©ir Pe®heV ias In -81h1 Moisture and Density (ASTM D2937) ...............20.00 Grain Size Analysis (ASTM D422) Sieve Only (3" to #200) ....................... ..........................70.00 15.00 Sieve and 1- Iydromete1% ........................ ...............:........12.0.00 30.00 Percent Passing #200 Sieve (ASTM DTI 40) ............. 50.00 Altai beig Limits (ASTM D4310) MUMPoint .................................. ............................... '110.00 OnePoint .................................... ............................... 75.00 Specific Gravity (ASTM D854) .... ....I .......................... 75.00 Sand Equivalent (ASTM D2419) . ............................... 75.00 C®rnpactio» And earirig strength Modified Proctor Compaction (ASTM D1557) Method A or B K' Mold) ......::................. .........................165.00 Method A or B (6" Mold) ........................ .........................175.00 Cnmpaction, California 216 .................... ...................:.....180.00 California Bearing Ratio CBR (ASTM D1883) 3 points .............................. I .... .- ..... I ............. : ................... 450.00 R -Value .:.......................................... ........................I...... 260.00 5( ear wr& Qh Torvane /Pocket Penetrometer....... ... ............................... 15.00 Direct Shear - per point 30.00 Cnnsnlldaled- Drained per pt. (ASTM D3080) ............... . 85.00 Residual per pt. ....... ..........................:.... .........................120.00 Unconfined Compression (ASTM D2 166) ....................... 120.00 Unconsolidated - Undralnod (UU) .::......... .........................150.00 ' 'YQSrJt7A /$� %ES$S Extraction /Asphah ............................... ............................... '185 Hveem /Marshall Maximum Density ..... ............................... 220 Wash Gradali on .................................. ............................... 100 JJ oafem rinr/ ����C-. I� .11 ..1�_�I if1 �::FII 11YU;m1'J 1 6JO41 ;t;ii< tll.,il(, ' 077SOtIG1�f`1017�(iOttal:PSC c)hd u14rgfl li'.e,{'s Consoliclalion (ASTM D2435 a load Increments w /one time -rate .... .........................160.00 .... 20.OD Additional load Increment ................... ..........................25.00 30.00 Additional Time rate per load increment ...................... 50.00 Single point (collapse test) ................. ..........................50.00 Single Load Swell (ASTM D4546) Ping sarnpla, field moisture ................. ....:....................70.00 Ring sampler air dried ........................ .......................... 70.00 Remolded sample per specimen ........ ......:...................50.00 Expansion Index (ASTM D4829/UBC 2.9. 2) ...............12.5.00 . f�aboa fy476a y Constant Head (ASTM D2434) .. ........... ..................... 235.00 Falling Head Flexible Wall (ASTM D5084) .................286.00 Trlazlal Permeablllty (CPA 9100) ............................... 330.00 Cheink'd Tests Corroslvlly (pH, reSISllvlty, sulfates, chlorides) ........... 165.00 Organic content (ASTM D2974) .......:. ..........................70.00 pbn#- kii0ion, Maferial.T sting 6 X12 Concrete Cylinder ( C39) ................................ .... 20.OD 2', 4 ", 6" Diameter Concrete Cores (Test Only) ........... 30.00 Mortar and Grout, Cylinder and Cubes.: ...................... 20.00 Reinforcing Steel, Tensile and Bend Tests ..................46.00 Cylinders Pick- up ......................... ..........................46.00 Unil'rates`presented are for ini direly perrdrmed geotechnical and construction material laboralory tests, Other tests can be performed in our laboratory, Including rock core, soil cement, and soil lime tests. Addilinnal tests will be quoted on request. The rates will remain firm for a period of 120 days from the date of this submittal. Unit iMos presented herein assume samples are uncontaminated and do not contain heavy metals, acids, carcinogens, or volatile organic compounds that can be measured by an OVA or PID with concentrations greater than 50 ppm. Willdan will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of lest results. Pace 2 of 2 EngInoorinfl l Gootoohrlcal I Envimnn,enial I Rejudal I HOalnland Security 714.U34.3310 I fax: 714.634.3372 1 1515 S. Sunldst Slfeel, Suite E, Anaheim, CA 92806 1 a mmilldan.com 24 of 36 EXHIBIT C 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. -f36 WILLDAN GEOTECHNICAL Page C -1 1.3.4 Professional Liability (Errors & Orriissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim.and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 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. 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 of 36 WILLDAN GEOTECHNICAL Page C -2 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. 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. 1.5.6 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. 1.5.7 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. 1.5.8 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. °_ -. - -- - - f 36 WILLDAN GEOTECHNICAL Page C -3 ATTACHMENT B AIVIENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR 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 day of February, 2013 ( "Effective Date ") 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. 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: 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 expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Dates 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 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." 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation Date: Z A, /13 Date: By; e41��y� ��� By Aaron C. Harp `L Keith D. Curry City Attorney �kb Mayor ATTEST: CONSULTANT: PSOMAS, a California Date: corporation Date: Leilani I. Brown Joseph L. Boyle City Clerk Vice President By: Debra Tilson Lambeck Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services dated December 10, 2012 Exhibit B — Schedule of Billing Rates PSOMAS Page 2 of 36 EXHIBIT A SCOPE OF SERVICES DATED DECEMBER 10, 2012 PSOMAS Page A- of 36 Balancing Ihu Malural and Buill Environntenl 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 and participated in subsequent telephone discussions on November 6 and November I5. Another meeting was held oil 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 pail of the original design scope. In subsequent entails and conference calls on November 6d' and 15ih , 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 1 (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 6d' request to revise the alignment at the intersection East Coast Highway and MacArthur Boulevard based on a redlined sketch provided via emailed PDF. The work effort included 3 Hutton Centre Drive revisions to the alignment, profile, re- stationing, and adjustment of Suite Ana, CA 92707 call -outs. Modifies Sheets 6,13 and 19. Tel 714 .751.7373 Fax 714.645..5M15.08 a3 ,vv .psomas.com 31 of 36 Mr. Patrick Arciniega, PE Page 2 of 3 December 10, 2012 2NEW060400 November 16a' request to revise the alignment at the intersection East Coast Highway and MacArthur Boulevard based on a redlined sketch provided via emailed 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 Sleet 2 and revise the alignment for Lateral "A ". Requires reworking of the steel pipe bend per M11. 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 Judy 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. 32 of 36 Mr. Patrick Arciniego, P1 Page 3 of 3 December 10, 2012 2M:W060400 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 51° Avenue (from East Coast Highway to Fernleaf Avenue) and the valve relocation at Son 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 RFPs, review of shop drawings and preparation of record drawings. We respectfully request you review the attached Exhibit "g" 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 -r J Senior Project blanager Vice President 33 of 36 EXHIBITB SCHEDULE OF 139LLING RATES PSOMAS Page B_ of 36 ui §W §§ §ƒ / e / r� \ <§ 0 //0 t =! £]; 3!/ § {5 G} f \� �) 35 ,36 $$\#; m � \�, § m;;,! -•2 {t \ \_� \\ \- 35;@36 k k / ,| 7. Z !a . tFE! - /! 20 .t! ikf {) ƒ/ \� �) 35 ,36 aO 0 a m N D co w N a 0I U o DRIVE �¢ PA FIC 3 Z d2 SL °� LL aO 77 z Ka m a a y � U A3 uu11 Jp �p -lip 2 gQU�N HILLS ROAD 0 11 a yP2 C W ago °a O 7�j �a m o � 4 P Ew oa,� e.W z 0 3z Z KKK S EAST COAST HWY — `� ❑� I l J C—D 09�� IL W 000ao� a "IL oo IL -o ❑0 C s �o _ 36 36 LN z w 2 U Q