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HomeMy WebLinkAbout14 - Water Pump StationsMarch 14, 2000 CITY COUNCIL AGENDA ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR ZONE III AND ZONE IV WATER PUMPING STATONS RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with John Powell and Associates for a fee of $18,949 and with Mark Balan & Associates for a fee of $27,944. DISCUSSION: The Zone III and Zone IV water pump stations at the Big Canyon Reservoir site serve the areas east of Jamboree Road. Both stations were constructed in 1972. As the Newport Center area developed and Corona del Mar built up, output demand has also increased from the Zone III station. The equipment at this station is almost 30 years old and needs to be upgraded to improve efficiency. The City retained the civil engineering firm of John Powell & Associates to evaluate the Zone III and Zone IV pump stations' operation and efficiency under present and future conditions. Their study recommended replacing the pumps and electrical control panels and adding a backup power supply for the Zone III station. The installation of variable frequency drives was proposed to manage the fluctuation of demands in Zone III more efficiently. The existing electrical controls for the Zone III and IV stations are housed in a metal enclosure, adjacent to the pump station. In an effort to provide improved working conditions for the operation staff, it is proposed to move both electrical panels inside the existing Big Canyon Reservoir control room. Although only the Zone III controls were recommended to be moved as part of the Powell study, the Zone IV controls should also be upgraded to current technology to improve the operation of the Zone IV station. The other functions of the Zone IV station are operationally sound and do not need upgrading at this time. The proposed Zone III pump station upgrade will provide new pumps, electrical motors, variable frequency drives, electrical control panels, and backup generator power supply for selected pumps. Only minor modifications and adjustments will be needed for the above and belowground piping systems. Most of the pump and installation work will be accomplished by the Utilities Division staff. SUBJECT: Approval of Professional Services Agreements for Zone III and Zone IV Water Pumping Stations March 14. 2000 Page 2 Additional electrical engineering services are required to design the electrical panels and control systems. Before the new pumps and electrical motors can be ordered, the services of a civil engineer will be required to design a pump and motor for a variable speed drive, valve design, and the preparation of specifications to bid the various elements of the mechanical improvements for the pump station. Proposals were requested from Mark Balan & Associates, for the preparation of plans and specifications related to the electrical control improvements; and John Powell & Associates, Inc., for preparation of mechanical bid specifications for the pump, motor and valves. After reviewing the qualifications and proposals of both firms, Staff recommends Mark Balan and Associates be retained to perform the electrical design efforts for a fee of $27,944 and John Powell and Associates, be retained to prepare the mechanical bid specifications for a fee of $18,949. Attached for review and approval are both professional services agreements accompanied with their respective proposals. RECOMMENDATION AND FUNDING: $764,000 was budgeted for the Zone III Pump Station improvements and is available in the Water Enterprise Fund under Capital Project Account No. 7503- C5500531. Staff recommends approval of the professional services agreement with John Powell and Associates and with Mark Balan and Associates. The remaining funds will be re- budgeted into the next fiscal year for the purchase of the standby generator, pumps, and installation of the control panels. Resa�" submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: '6zc Michael inacori, . E. Utilities Engineer Attachments: Draft Professional Services Agreement with John Powell and Associates Draft Professional Services Agreement with Mark Balan and Associates f: \users\pbw \shared \councll\fy99.00 \march- 14tzone Ill & zone Iv.doc • a PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF ZONE 111 and Zone IV CONTROL PANEL IMPROVEMENTS THIS AGREEMENT, entered into this day of , 1999, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and Mark Balan and Associates, whose address is 19871 Yorba Linda Boulevard, Suite 105, Yorba Linda, California, 92686, (hereinafter referred to as "Consultant'), 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 Calif omia 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 make improvements to the Zone III and Zone IV Pump Stations ( "Project'). C. City desires to engage Consultant to provide professional electrical engineering services for the design of the Zone III and Zone IV Panel Improvements upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of Project are Mark Balan, P.E., Principal and D. D. Chatterjee, P.E., as Project Engineer. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. -1- 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 day of 2000, and shall terminate on the day of 2000, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of twenty seven thousand and nine hundred and forty -four dollars ($27,944). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City, payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. -2- 0 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and 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. STANDARD OF CARE 4.1 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 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. Consultant -3- S represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor", construction means, methods, techniques, sequences or procedures or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. -4- tp 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Mark Balan to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit 'B ", whether or not considered to be key personnel, without City's prior written -5- approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 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, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Ss3 7 Consultant' s control. 8.2 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. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, -7- 01 property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of 0 Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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 agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that 0 Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant -10- 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. SEE B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DXF) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Eldon Davidson shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the -12- 14 Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -13- s 23. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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. -14- ,u All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, Attention Public Works Director 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Mark Balan Mark Balan and Associates 19871 Yorba Linda Boulevard Suite 105 Yorba Linda, Ca 92686 (714) 970 -2000 Fax (714) 970 -1237 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. -15- li 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. 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 -16- 1� 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LIM LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Don Webb, Director Public Works City of Newport Beach CONSULTANT 0 Mark Balan President Mark Balan and Associates \\mis_ l\ sys \users\pbwlshared\agreements \fy 99- 00\Balan Zone III & IV Panel Design.doc -17- ,Q March 6, 2000 Mr. Michael Sinacori, P.E. Project Manager City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 SUBJECT: PROPOSAL TO PROVIDE ELECTRICAL ENGINEERING SERVICES FOR THE NEWPORT ZONE III AND ZONE IV PUMP STATION IMPROVEMENTS DESIGN Dear Mr. Sinacori: In response to your request, Mark Balan & Associates (MB &A) is pleased to submit this proposal /agreement to the City of Newport Beach (Client) for electrical engineering consulting services for the Zone III and Zone IV Pump Station Improvements Design (Project). It is our understanding that the City desires to implement improvements identified in the Newport Zone III and IV Pump Station Improvement Study (Powell, 1999). It was determined that all the pumps should be replaced with new, identical sized pumps and a new 300 horsepower pump should be added. A separate contract to perform mechanical, civil and structural improvements will be performed in conjunction with this work. The following scope of services is included in this proposal. I. SCOPE OF SERVICES Based on our current understanding of the Project, Mark Balan & Associates (MB &A) will provide the following engineering services: TASK NO: DESCRIPTION 1. Field Visit, review existing As Built Drawings and verify conditions it applies to the above project. 2. Coordinate with SCE for service split between Zone III and Zone IV loads. 19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686 (714) 970 2000 - Facsimile (714) 970 1237 WEB SITE: http: / /www.balan.com E -Mail: mail @balan.com Page t TASK NO: DESCRIPTION Prepare modifications to existing Single Line Diagram and demolition plans 4 Design Modifications to existing Pump controls and integrate with proposed system Design new single line diagram for two (2) at 300 HP and two (2) at 150 HP Pumps with VFDs for Zone III and new single line diagram for Zone IV.. Design new MCC line -up for the above loads. Design Power Distribution for the above Pumps. Design new Emergency Generator Connection for portable emergency power to the above Zone III Pumps. Design miscellaneous 120 volts AC to receptacles etc., 10 Prepare 50 %, 100% and Final Plans and specifications and cost estimates. I I Project Management and meetings (max. 2 meetings of 4 hrs. each) Assumptions: 1. All necessary background drawings will be furnished to us in AutoCAD Re] 13 or 14 files by City. 2. Existing Service has adequate capacity for the above proposed scheme. II. CLIENT FURNISHED SERVICES The following services or information will be provided by Client or its consultants: A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant project information or data. B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. Application and processing of all required permits. D. All required surveys and photogrammetry services including complete topographic information based upon lambert coordinate system, location and plotting of property lines, right of ways, and easements, ground survey and spot elevations for obscured or 19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686 (714) 970 2000 - Facsimile (714) 9701237 WEB SUE: http: / /www.balan.com E -Mail: mail @balan.com Page 2 flat areas, and critical drainage and tie in locations, flow line elevations of sewer and drainage manholes, and other information necessary to support the planning or design services. E. Planning, design and cost estimating for the following disciplines or specialty areas, including: Environmental services Architectural services Landscape Architectural services Materials testing Mechanical, Civil and Structural F. Coordination and processing with all utility companies, except as included in the Scope of Services G. Front -end documents and/or purchase orders required to purchase or bid equipment and construction work. H. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. I. Mechanical/Civil Structural Engineering: It is assumed that the City will enter into a separate design contract for mechanical, civil and structural al work.. III. FEES AND CONDITIONS A. The Services described in Section I, Scope of Services will be provided on an hourly rate basis in accordance with the Mark Balan & Associates Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. The Scope of Services shall have an initial upper limit of $27,944. We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please feel free to contact me at (714) 970 2000 extension 30. Very truly Iyours, A, C 5 MARK BALAN & ASSOCIATES Mark H. Balan, PE., Principal 19871 Yorba Linda Blvd., Suite 105, Yorba Linda, California 92686 (714) 970 2000 - Facsimile (714) 970 1237 WEB SITE: http: / /www.balan.com E -Mail: mailCabalan.com Page 3 as PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF ZONE III and Zone IV PUMP STATION IMPROVEMENTS THIS AGREEMENT, entered into this day of , 1999, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and John Powell & Associates, Inc., whose address is 175 Calle Magdalena, Suite 101, Encinitas, California, 92024, (hereinafter referred to as "Consultant'), 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 Calif omia 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 make improvements to the Zone 3 and Zone IV Pump Stations (`Project'). C. City desires to engage Consultant to provide professional engineering services for the design of the Zone III and Zone IV Pumps and Valves upon the terms and conditions contained in this Agreement. D. The principal members of Consultant for purpose of Project are Skip Griffin, P.E., Senior Vice President and James Strayer, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. -1- 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 day of 2000, and shall terminate on the day of 2000, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of eighteen thousand and nine hundred and forty -nine dollars ($18,949). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City, payable by City within thirty (30) days of receipt of invoice, subject to the approval of City. -2- 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and 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. STANDARD OF CARE 4.1 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 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. Consultant -3- represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor", construction means, methods, techniques, sequences or procedures or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 53 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Skip Griffin to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written -5- .,'7 approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule specified in Exhibit "A ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City, and the assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 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, which purportedly causes a delay, and not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond i� Consultant's control. 8.2 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. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, -7- property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of El 0 Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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 agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that M M Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant -10- 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. -11- 33 B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DXF) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Eldon Davidson shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. 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. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the -12- �. Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -13- ZG 23. CONFLICTS OF INTEREST A. 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 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. B. 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 termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultants violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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. -14- 30 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach, Attention Public Works Director 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Charles A. "Skip" Griffin Jr., P.E. John Powell & Associates, Inc. 175 Calle Magdalena, Suite 101 Encinitas, CA 92024 (760) 753 -1120 Fax (760) 753 -0730 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 15- 3-? 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. 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 -16- ao 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation in Don Webb, Director Public Works City of Newport Beach CONSULTANT M Charles A. "Skip" Griffin Jr., P.E. Senior Vice President John Powell & Associates, Inc. \ Mis_ 1\ sys \users\pbw\shared\agreements \fy 99 -ONohn powell -zone III design.doc -17- x EXHIBIT "A" March 1, 2000 Mr. Michael Sinacori, P.E. Project Manager City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 SUBJECT: PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR THE NEWPORT ZONE III PUMP STATION IMPROVEMENTS DESIGN Proposal No.: 151.011 Dear Mr. Sinacori: In response to your request, John Powell & Associates, Inc. is pleased to submit this proposal/agreement to the City of Newport Beach (Client) for engineering consulting services for the Zone III Pump Station Improvements Design (Project). It is our understanding that the City desires to implement improvements identified in the Newport Zone III Pump Station Improvement Study (Powell, 1999). It was determined that all the pumps should be replaced with new, identical sized pumps and a new 300 horsepower pump should be added. It was also determined that the control valves should be upgraded. It is our understanding that POWELL will basically be providing technical criteria and selection of pumps and valves for the City to purchase and install. POWELL will provide no detailed AUTOCAD drawings. A separate contract to install electrical improvements will be performed in conjunction with this work. The following scope of services is included in this proposal. I. SCOPE OF SERVICES Based on our current understanding of the Project, John Powell & Associates, Inc. (Powell) will provide the following engineering services: A. MEETINGS AND SITE VISIT - Prepare for and attend one site visit. B. BACKGROUND, COORDINATION, AND PHASING - Review pump station as -built drawings and assess system limitations. Coordinate with City staff as necessary concerning dimensional requirements and Uo Mr. Michael Sinacori March 1, 2000 Page 2 of 6 operational needs, etc. C. PUMP AND MOTOR DESIGN - Finalize the required pump size, type and configuration. It is proposed that two 150 horsepower pumps and one 300 horsepower pump will be replaced, and a new 300 horsepower pump will be installed. The pumps will operate at variable speeds and all have new inverter duty motors. Identify two manufacturers (if available) that can meet the desired pump characteristics. Discuss variable speed operation needs and obtain budgetary estimates for the pumps and motors from the manufacturers or their representatives. Coordinate motor sizing and strip heater power requirements. D. VALVE DESIGN - Finalize the size and identify preferred manufacturers for proposed check valves. Identify physical pipe limitations (upstream and downstream diameters) and note the impact the installation to the City. The check valves will replace the existing Cla -Val valves. E. SPECIFICATIONS - Provide technical section specification sections for the pumps, valves, aluminum pump enclosures, and electrical components proposed. It is anticipated that the City will prepare a purchase order for the pumps, motors, valves and enclosures, and a second separate bid package for electrical work. H. ADDITIONAL ENGINEERING SERVICES If requested by Client, Powell will provide the following Additional Services, beyond the services included in Section I, Scope of Services: A. OPTIONAL SERVICES — Retrofit projects can involve significant effort in comparison to actual construction cost. To minimize initial efforts, the following tasks may be considered as optional services that the City may want to add to the Scope of Services. • SURGE ANALYSIS - It is typically recommended that a surge analysis be performed when pump station capacity is increased. Surge analyses can assist in determining the type of control valve and closing speeds. If the City currently experiences minimal surges in the system, the City may decide to pass on this alternative. • BALL VALVE DESIGN - The current scope proposes check valves based on a City comment during the report. Check valves are I Mr. Michael Sinacori March 1, 2000 Page 3 of 6 more straightforward than ball valves. Ball valves and their related design issues (providing adequate pilot control water, closing speed, etc.) could be added in lieu of check valves. Ball valves are initially more expensive, but also have minimal headloss resulting in energy savings. • PUMP CAN AND PUMP CONDITION ASSESSMENT - Assessing the condition of existing pumps and valve cans could be performed to verify that existing equipment is adequate to provide desired flowrates and operation. It is proposed that all pumps will currently be replaced and the existing cans will be utilized. • EDISON REBATE ASSISTANCE - Assist the City in applying for Edison rebates for installing energy efficient equipment. This would likely be an as- needed task since the time and effort to complete these regulatory issues can vary greatly. • GAS COMPANY COORDINATION - It is assumed that the City will coordinate with the Gas Company to obtain necessary supply to a new generator. Powell or its Subconsultants could assist with coordinating design issues related to providing a natural gas supply to the proposed generator. • AQMD COORDINATION - It is assumed that the City will coordinate with the South Coast Air Quality Management District to obtain necessary permits and correspondents necessary to install and operate the proposed natural gas generator. • FRONT -END DOCUMENT ASSISTANCE - It is assumed that the City with develop "front end" bidding documents. Technical specifications, as proposed in the scope of services, shall be provided to the City for inclusion into the City's standard bidding documents. If desired, Powell could assist with preparation of these documents such as bid schedules, takeoffs, project descriptions, etc. • IMPROVEMENT PLAN - Prepare a single AutoCAD design drawing showing a schematic site plan with proposed civil improvements and sections of both the 150 horsepower and 300 horsepower pumps and control valves. It is assumed that two submittals will be required due and then final mylar drawings. Plans will be prepared at the 50- percent, 100 - percent, and final levels. It is anticipated that the plan will be used by the City and u2 Mr. Michael Sinacori March 1, 2000 Page 4 of 6 eventually be added to the electrical bid documents generated from a separate contract. • FINAL COST ESTIMATE — Prepare a final cost estimate of the proposed improvements. • BIDDING AND CONSTRUCTION SUPPORT SERVICES - If desired, Powell could provide assistance during bidding and construction support services during bidding. This could include submittal reviews, addressing request for information letters, preparing record drawings, etc. • DISCHARGE PIPE SECTION PLANS - Powell could add a design sheet to develop sections of discharge piping for the 150 and 300 horsepower pump discharge headers showing the proposed valve improvements and associated piping modifications. • GENERATOR SLAB DESIGN - Powell could include services to design a slab capable of supporting the proposed generator. • PUMP ENCLOSURE ACOUSTICS - Provide a more rigorous evaluation of actual sound mitigation. Through Subconsultant services actual sound level testing and post- improvement estimates could be generated. • PROCESS AND INSTRUMENTATION DIAGRAM — A P &ID does not appear needed for the proposed improvements, but could be added if desired. P &IDs are helpful in identifying control system components. B. Environmental services, including environmental reviews, analysis or studies, permit preparation and processing, attendance to public hearings, etc. C. Assistance with public participation and communications, including planning and participation in public outreach programs, attendance to public meetings and workshops, etc. D. Planning, analysis or design of additional or alternative facilities. E. Construction phase services (except as listed in the Scope of Services) including such services as, assistance during bidding, shop drawing review, office and field engineering support, field observation, Mr. Michael Sinacori March 1, 2000 Page 5 of 6 construction contract administration, change order review and processing, preparation of Record Drawings, etc. F. Any additional project related services not specifically included in Section I, Scope of Services. III. CLIENT FURNISHED SERVICES Client or its consultants will provide the following services or information: A. Copies of all relevant reports, studies, drawings, correspondence, and other relevant project information, dimensions, or data. B. Assign one person to serve as the Client's project manager who has authority to represent the Client and will serve as the point of interface for all project issues and communications. C. Application and processing of all required permits including complete environmental compliance. D. All required surveys and photogrammetry services including complete topographic information based upon lambert coordinate system, location and plotting of property lines, right of ways, and easements, ground survey and spot elevations for obscured or flat areas, and critical drainage and tie in locations, flow line elevations of sewer and drainage manholes, and other information necessary to support the planning or design services. E. Planning, design and cost estimating for the following disciplines or specialty areas, including: Environmental services, Architectural services, Landscape Architectural services, and Materials testing. F. Coordination and processing with all utility companies, except as included in the Scope of Services G. Front -end documents and/or purchase orders required to purchase or bid equipment and construction work. H. A complete written description of all pertinent project information and issues, including all unusual or critical requirements of the Client. I. Electrical design contract. It is assumed that the City will enter into a separate design contract for electrical work. These tasks are anticipated uu Mr. Michael Sinacori March 1, 2000 Page 6 of 6 to include: Modifications to the existing electrical cabinets will be required, variable speed drives will be installed and separate meters will be installed for the Zone III and Zone IV pump stations. IV. FEES, CONDITIONS AND SCHEDULE A. The Services described in Section I, Scope of Services, and Section II, Additional Services, will be provided on an hourly rate basis in accordance with the John Powell & Associates, Inc. Standard Rate Schedule in effect at the time the services are performed. A copy of the current Standard Rate Schedule is attached. The Scope of Services shall have an initial upper limit of $18,949.00. B. The services described in Section I, will be provided within 60 working days of the written notice to proceed. Additional services, if necessary, shall be performed during a mutually agreeable timeframe over and above the 60 -day period. We appreciate the opportunity of offering this proposal, and we look forward to working with you on this project. If you have any questions, please call our project manager, James J. Strayer or me. Respectfully submitted, JOHN POWELL & ASSOCIATES, INC. Charles A. "Skip" Griffin, Jr., P.E. Senior Vice President Principal -in- Charge CAG /JS /cjl Attachment c: James J. Strayer, Powell Sara Maples, Powell I EXHIBIT "B" JOHN POWELL & ASSOCIATES, INC. Project Name: Zone III Pump Station Improvements Client/Owner: Mike Sinacori, City of Newport Beach Pro!. Manager: Skip Griffin /James Strayer Prepared By: James Strayer Date Prepared: 03/01/2000 Proj /Prop No.: 151.011 PO\/ELL ITEM TOTAL I. Labor $18,381 II. Outside Services $0 III. Direct Costs $568 TOTAL $18,949 Classification Table Rate Clerical (CL) P1 $39 Engineering Tech /Administrator I /Word Processor I (AD) P2 $47 Drafter /Field Rep. I /Administrator II /Word Processor II (D) P3 $53 Assistant Engineer /Designer /Field Rep. II/Administrator III (DES) P4 $65 Associate Engineer /Senior Designer /Senior Field Rep /Senior Administrator (SD) P5 $76 Engineer /Resident Engineer /Administrative Manager /Senior Design Manager (E) P6 $84 Senior Engineer /Construction Manager (SE) P7 $94 Supervising Engineer /Senior Construction Manager (SPE) P8 $104 Principal Engineer (PE) P9 $118 Project Director /Senior Management Engineer (DIR) P10 $140 Principal (PR) P11 $149 DATE: 03/01/2000 FILE: 2 -00 151.011 rev Ziii design fee.xls 117 -1 IVR Encinitas. CA 92024 / (760) 753 -1120 at,