Loading...
HomeMy WebLinkAbout09 - C-3037 - Big Canyon Reservoir Disinfection & Water Quality FacilitiesJuly 23, 2002 CITY COUNCIL AGENDA ITEM NO. 9 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC., FOR ADDITIONAL DESIGN SERVICES RELATED TO THE BIG CANYON RESERVOIR DISINFECTION AND WATER QUALITY FACILITIES, CONTRACT NO. 3037 RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Tetra Tech, Inc., (formerly ASL Consulting Engineers) increasing their fee by $129,800 for additional design services related to the disinfection and water quality improvements at Big Canyon Reservoir (BCR). BACKGROUND: The BCR is a 600 Acre -Foot (200 million - gallon) potable water storage reservoir located in Corona del Mar. The full capacity of the reservoir provides the City with 10 days of average water demand storage. If an emergency takes place within the City, those 10 days could be extended by implementing water conservation measures. This facility was originally constructed in the early 1960's as a main delivery point for the imported Metropolitan Water District supply. During the 1950's, the City's wells in Huntington Beach began to experience saltwater intrusion and were subsequently abandoned when the BCR was put into service. An open water reservoir was an acceptable facility in the 1960's. However, as water quality standards have become more stringent over the years, the Department of Health Services (DOHS) mandated the City cover its reservoir or abandon the facility. This mandate has been in effect since 1994. In 1994, the City was in the midst of designing and constructing the Groundwater Development Project and funding was already committed to this effort. The City planned to comply with the mandate and cover the reservoir by setting aside reserves to complete the $5 million project. Staff has also requested Federal Funding assistance over the past four years. The City prepared an initial study pursuant to CEQA requirements and also conducted two public hearings about the scope of the project and solicited input on the project and alternatives. As a result of the study, a Mitigated Negative Declaration was prepared and approved by the City Council on June 27, 1994. As part of the mitigations, Staff is SUBJECT: Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc., for Additional Design Services Related to the Big Canyon Reservoir Disinfection and Water Quality Facilities, contract No, 3037 JULY 23, 2002 Page 2 required to hold another public meeting with representatives of the adjacent homeowners to discuss the planned landscape screening associated with the project. This will be scheduled as Staff nears completion of the design process. CONSULTANT SCOPE OF SERVICES AND FEE: In March 1995, Staff hired ASL Consulting Engineers (ASL) to prepare the contract documents for the subject project. At that time, ASL was a 7 office company focused in California and Arizona. In 1999, ASL was purchased by Tetra Tech, Inc., a national firm with 150 offices worldwide. Tetra Tech is ranked 11th in the Engineering News Record's top 500 national firms. The original scope of work included: • Preparation of a preliminary design report • Preparation of detailed specifications • Preparation of detailed construction plans • Preparation of special provisions for project construction • Compilation of contract documents for bidding and awarding a contract for construction • Construction management assistance The cost for these services was $192,000. The preliminary design report was completed in August 1995, and the consultant was placed on hold until funding was secured. In addition to covering BCR, a new disinfection system will be installed to eliminate the current gaseous chlorine system with a much safer liquid chloramination facility (chlorine and ammonia). The disinfection system was planned as a stand -alone construction contract, however, Staff recently reviewed the design of the cover and realized the new disinfection system needed to be integrated into the project. The disinfection feed points into the reservoir and a mixing system must be integrated into the cover design. Staff requests additional services from Tetra Tech to provide the disinfection design, the mixing system, and a view analysis of the proposed cover facilities. If Council approves Amendment No. 1 to the Agreement, the combined project title will be The Big Canyon Reservoir Cover and Disinfection Facilities. Tetra Tech's fee will be increased by $129,800 to accomplish the additional design. The advantages of having one project would be: • Design coordination between two separate consultants would be eliminated - Tetra Tech would design all the facilities. • The aggressive schedule for the project could be realized by eliminating the 3- month process of requesting proposals and hiring another consultant to perform disinfection system design services. SUBJECT: Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc., for Additional Design Services Related to the Big Canyon Reservoir Disinfection and Water Quality Facilities, contract No. 3037 JULY 23, 2002 Page 3 SCHEDULE & FUNDING: If approved, the additional disinfection system design efforts can commence immediately. The overall project schedule requires the consultant's plans and specifications be completed and ready for advertising for bids by December 2002. At that time, the requirements for Federal funding will be known and the exact construction schedule can be determined. Funds for the design are available and have been budgeted in the Water Enterprise Fund under the following accounts: Description Account Amount Big Canyon Reservoir Disinfection Modifications 7503- C5500689 $ 92,000 Big Canyon Reservoir Covering Project 7503- C5500690 37,800 Total $129,800 Respectfully submitted, PIC WORKS DEPARTMENT S phen G. Badum, Director 1 By: M e J. S) �aco 1, P.E. Principa ivil Engineer Attachments: Big Canyon Reservoir Exhibit Amendment to Professional Services Agreement Original ASL Professional Services Agreement BIG CANYON RESERVOIR COVERING AND DISINFECTION FACILITIES AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. (formerly ASL Consulting Engineers) This AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this _ day of August, 2002, by and between the City of Newport Beach, a municipal corporation, (hereinafter referred to as "CITY ") and Tetra Tech, Inc., whose address is 16241 Laguna Canyon Road, Suite 200, Irvine, California, 92618, (hereinafter referred to as "Consultant), is made with reference to the following: RECITALS: A. On March 27, 1995, City and Consultant, formerly ASL Consulting Engineers, entered into a Professional Services Agreement, hereinafter referred to as "Agreement", for engineering services for the Big Canyon Reservoir Floating Cover Project, hereinafter referred to as "Project." B. City desires to assign the Agreement to Tetra Tech, Inc., who purchased ASL Consulting Engineers in July 1999. C. City and Consultant mutually desire to amend Agreement, hereinafter referred to as Amendment No. 1 as provided here below. Now, Therefore, the parties hereto agree as follows: 1. Section V of the Agreement, Time of Completion and Liquidated Damages, paragraph 1, shall be replaced with the schedule attached in Exhibit B to this Amendment. 2. Section IX of the Agreement, Payment and Fee Schedule: Section B, shall be replaced with the fee schedule attached in Exhibit B to this Amendment. Section D, Part 2 shall be deleted from Agreement. 3. Section X, Additional Services: Consultant shall perform the additional services to prepare the plans and specification of the Mixing System within the Big Canyon Reservoir and the planned Disinfection System Improvements to operate the covered reservoir, identified in attached Exhibit A dated July 8, 2002. The fee for the additional services identified in this Amendment No. 1 is $129,800. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: City Attorney Bv: City Clerk CITY OF NEWPORT BEACH, A municipal corporation BY: Mayor TETRA TECH, inc F: \USERS \PBMShared\Agreements \FY 02 -03 \Tetra Tech - Big Canyon Cover.doc TETRA TECH, INC. Exhibit A Infrastructure Services Group July 8, 2002 Michael J. Sinacori, P.E. Utilities Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Reference: Big Canyon Reservoir Floating Cover Request for Contract Revision and Continuance of Project Dear Mr. Sinacori: The Big Canyon Reservoir Floating Cover project has been on hold for several years now. Tetra Tech, Inc. has a contract for preliminary design, final design and construction phase services. On April 10, 1995, we submitted our Preliminary Design Report on the project. As you requested, we have reviewed our existing contract and the work completed to date. After reviewing this information it is our desire to continue the project as the City's Design Engineer. This letter outlines some contract revisions and additions which we believe are prudent to successfully complete this project. We have also included a revised project schedule. Since the completion of the Preliminary Design Report there have been several significant things that have happened in the industry. As you may already know, the Department of Health Services (DOHS) issued a report that was extremely critical of the use of floating covers. In fact, the report was recommending that their use be discontinued. In response to this report, the CA -NV Section of AWWA formed a committee and worked closely with the DOHS to prepare a Design and Operations Standard for Floating Cover Reservoirs. Tetra Tech was involved in the review and commenting on this Standard. In addition, several of the reservoirs which were used as a model for Design and Operations were the same projects the City and Tetra Tech visited during the preliminary design efforts. Since the preliminary design stage, Tetra Tech has also completed the design of three additional floating cover projects. Our 2.0 million - gallon project in Palm Desert uses a new cover material called Polypropylene. This material was evaluated in 1995 for the City but it was decided not to use it because it did not have a track record on similar projects. Since then the City has indicated that they prefer to use polypropylene for the cover material. I62 i € cqg n,� Ctin'ror Roa<'. S!.Eitc 200, rvim CA 92EI'S Te1949.727.7099 44;).727 -709' (*TETRATECH,INC. Infrastructure Services Group Michael J. Sinacori, P.E. July 8, 2002 Page 2 The City wishes to have several digital photo renderings prepared, depicting the proposed improvements to the reservoir site including the cover appearance and landscaping. The photos will be prepared for presentation to the City Council. Tetra Tech has also been involved in evaluating water quality in reservoir projects. We understand that this is a concern of the City staff and that the staff is currently working with McGuire Environmental Consultants and Flow Science on solutions. During recent meetings with the City, McGuire and Flow Science, it was decided that new disinfection facilities should be constructed. Our revised proposal includes the costs of the civil, structural, mechanical, electrical, and process design of new sodium hypochlorite and aqueous ammonia systems. McGuire is currently evaluating a pilot study using chlorine dioxide disinfection. The final results will be available in November. As a result, Tetra Tech will prepare preliminary design plans and specifications for a chlorine dioxide disinfection system, to be located in the existing chlorine building. The scope and fee for services for the final design plans and specifications will be developed during this effort. The following pages include our proposed scope, fee and schedule revisions. We have also included qualifications from some of our recent chemical feed projects. Tetra Tech is very excited about this project and we look forward to completing it successfully for the City of Newport Beach. If you have any questions please feel fine to contact us. Sincerely, X/!�/ Steve/ Tedesco, P.E. Vice President SDT /cg J: \0606 \055 \1005sdtRev3.doc(Contrect) Attachments 1* TETRA TECH, INC. Infrastructure Services Group City of Newport Beach Big Canyon Reservoir Floating Cover SCOPE OF SERVICES The existing contract between the City of Newport Beach and Tetra Tech, Inc. is for a total fee of $192,000. The fee is broken down as follows: Design Phase Services Construction Services $141,967.00 $ so 03333 00 $192,000.00 To date Tetra Tech has completed and billed $75,276.06 on this project including $14,844.25, which was construction phase services for the valve vault structure. Therefore a total of $116,723.94 is remaining. The following additional services are recommended to complete the design phase of the project: • Photo Rendering Study • Mixer and/or Baffle Analysis and Design • Review of latest AWWA DOHS Standards for Floating Cover Design and Operations • Sodium Hypochlorite /Ammonia Feed System • Chlorine Dioxide Feed System Total The revised contract amount will be as follows: Design Construction Total $ 10,000.00 $ 12,800.00 $ 3,000.00 $ 92,000.00 $ 12.000.00 $129,800.00 $286,611.25 $ 35.188.75 $321,800.00 Since our billing rates have significantly changed we request that we be allowed to bill at our current hourly rates attached as Exhibit A. F1USERS \PBW\Shared \Contracts \FY 02 -03 \Big Canyon Reservoir Covering and Disinfection Improvements - C- 3037 \Design \1005sdtRev3 Noe (Contract) (* TETRATECH,INC. Infrastructure Services Group City of Newport Beach Big Canyon Reservoir Floating Cover SCHEDULE Tetra Tech will complete the project in accordance with the following schedule: Item • Approval of Contract Revisions • 50% Plans and Specs • City Review • 90% Plans and Specs • City Review • 100% Plans, Specs and Estimate Completion Date Tuesday, July 23, 2002 Wednesday, August 7, 2002 Wednesday, August 21, 2002 Wednesday, October 9, 2002 Wednesday, October 30, 2002 Monday, December 2, 2002 FdUSERS \PB W\Shared\Contracts \FY 02 -03 \Big Canyon Reservoir Covering and Disinfection Improvements - C- 3037\ Design \1005sdtRev3 l.doc(Contract) TETRATECH,INC. Infrastructure Services Group Exhibit B 2002 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional EngineeringInt ern /Technician ...................$ 44.00 Designer /CAD Operator/Engineer I........... $ 82.00 Engineer II and III/Senior Designer.......... $ 92.00 Planner......................... ..............................$ 94.00 Senior Engineer /Landscape Architect........ $ 103.00 Project Engineer /Project Coordinator........ $ 120.00 Project Manager /Sr. Project Coordinator... $ 135.00 Senior Project Manager .............................. $ 150.00 Program Director /Project Director ............. $ 180.00 Administrative Survey /Mapping Survey Technician ...... ............................... $ 87.00 Surveyor/Field Supvsr. /Sr. Survey Tech.... $ 97.00 Two - Person Survey Party .......................... $ 172.00 Two - Person Survey Party with GPS.......... $ 210.00 Three- Person Survey Party ........................ $ 250.00 Survey Travel Time (Two - person) ............ $ 83.00 Survey Travel Time (Three - person) ........... $ 118.00 Construction Administrative Clerk ... ............................... $ 38.00 Construction Observer ............................... $ 72.00 Word Processor /Admin. Support ............... $ 54.00 Senior Construction Observer.................... $ 78.00 Graphic Designer ........ ............................... $ 90.00 Resident Engineer....... ............................... $ 110.00 Construction Manager . ............................... $ 140.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 15 %. Reimbursable In -House Costs Photo Copies (B &W 8.5 "x I I") ...... $0. l0/Each Photo Copies (B &W I I "x17") ....... $0.35/Each Color Copies (up to 8.5 "x1 I ")........ $1.50/Each Color Copies (to 11 "x17" ) .............. $2.50/Each Forensic Engineer .............. ............................... Court Appearances, Expert Witness Testimony, Depositions, and Preparation for Testimony.... *Minimum $1,000.00 for half day plus expenses. Blueprints ........ ............................... $ 0.35 /S.F. Computer Time ............................. $10.00 /Hour Mileage ............ ............................... $ 0.40/Mile ................................ ............................... $250.00 ................................ ............................... $350.00* NOTE: All rates are effective to October 1, 2002. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond October 1, 2002. F: \USERS \PBw\Shared \Contracts \FY 02 -03 \Big Canyon Reservoir Covering and Disinfection Improvements - C- 3037 \Design \1005sdtRev3 I.doc FGREEM ENT PROFESSIONAL SERVICES FOR DESIGN OF THE BIG CANYON RESERVOIR FLOATING COVER Tx THIS AGREEMENT is made and entered into this rvlhcWiSIN� filF_ e0.1��N day of March, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and ASL Consulting Engineers, a California Corporation, hereinafter referred to as "CONSULTANT ". WIT NESSETH: WHEREAS, "CITY ", in conjunction with Metropolitan Water District's decision to cover the San Joaquin Reservoir, desires to cover Big Canyon Reservoir, and; WHEREAS, "CITY ", as part of the Big Canyon Reservoir Covering Project must construct facilities to implement a new floating cover on the Big Canyon Reservoir, hereinafter referred to as "PROJECT ", and; WHEREAS, implementation of said "PROJECT" requires the services of a qualified engineering design consultant, and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" for "PROJECT" design, as well as to provide certain other essential professional services, as outlined herein below, and; WHEREAS, "CITY" has reviewed the previous experience and has evaluated the expertise of "CONSULTANT" and desires to accept the proposal submitted by "CONSULTANT ", and; NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: I. GENERAL A. "CITY" engages "CONSULTANT" to perform the described services for the consideration hereinafter stated. B. "CONSULTANT" agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. "CONSULTANT" agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY ". II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY ". A. "CONSULTANT" shall provide the necessary services to complete the defined tasks associated with the design phase of the 'PROJECT ". Those tasks include the following: 1. PRELIMINARY DESIGN a. Preliminary Assessment Develop a detailed assessment of each of the aspects of the proposed Scope of Work for the site in order to select the most feasible and efficient type of cover system and associated facilities (drainage system, lighting, fencing and floor lining or repair patterns, anchoring, fastening, and maintenance) of various flexible cover systems. b. Field Design Surveys Obtain property surveys, elevation of bench marks, and all topographical information, either by field survey or aerial photography, as well as all related note reduction, plotting, analysis, interpretation, etc. as needed for the project design. As a minimum, this shall include: (1.) Dimensional location of property lines to a fixed easily located "permanent" point or object at intersections. (2.) Provide both pictorial and literal station locations and distances of all objects within survey boundaries, to provide a cross check. True north shall be indicated as point of reference. (3.) Extend all survey information at least 10 feet through intersections in all directions. (4.) Indicate if street is paved on centerline by dimensional reference to curb or property line (right -of -way line) and running lines or building lines. (5.) Identification of all manholes by utility or company name. (6.) Include types of paving existing on all streets with all transition changes located. (7.) Give all numerical addresses where possible, and indicate if empty lots exist. (8.) Specify material and utility poles contained in or possibly affected by survey area. (9.) Include all angles turned at intersections and directional changes made on running lines or base lines with reference to true centerline of streets. (10.) All elevations shall be tied to U.S.G.S. datum. c. Site Investigation Obtain all site information necessary for the design work. This work shall include activities such as, but not limited to, utility research and verification. Submit five (5) copies of all borings information, analyses, and reports as part of the Pre -Final Design submittal requirements to "CITY ". d. Preliminary Report Prepare a detailed report, including estimated costs, preliminary layout drawings, manufacturers' information, an implementation schedule and recommendations as part of this phase. e. Project Management Submit monthly reports describing the progress of work, work remaining and the project budget remaining. f. Meetings The project manager shall meet with "CITY ", as a minimum, on a monthly basis during the 'PROJECT ". 2. FINAL DESIGN Upon approval of the preliminary design report, preparation of detailed engineering plans, specifications and cost estimate the "PROJECT' will commence. a. Review existing drawings of the existing facilities. b. Acquire permits required by applicable codes from the necessary agencies. Coordinate the work with the Division of Safety of Dams, Department of Water Resources, State of California. "CITY" will provide assistance and pay all application and permit fees. c. Preparation of Maintenance and Protection of Vehicular and Pedestrian Traffic Control Plan for construction, (if required). d. Prepare plans, specifications and contract documents for covering the facility with a floating cover. The plans shall include accurate, measured drawings (including property lines, utilities, plans, sections and elevations) of the proposed work and the site. e. Submit to "CITY" for review and approval five (5) copies each per submission. of all drawings and specifications to adequately size, locate and describe all elements of the "PROJECT", including the following: (1.) All drawings, at appropriate scales, and outline specifications required to locate and describe all site and building development, all reconstruction, equipment and site utilities. (2) An updated itemized breakdown of probable construction costs. (3.) An updated project master schedule, including recommendations regarding time to carry the project through completion of Bidding /Award. (4.) Recommendations to "CITY" on any required changes in space allocatiori, materials, layout or budget. f. Prepare an updated schedule of work progress, review dates, submissions, and completion of work. Prepare and submit to the Deputy Utilities Director monthly outlines of all work undertaken during the month. Submittals will consist of any models or photographs, drawings, sketches, specifications, or work outlines required to adequately describe work progress. g. Prepare the necessary documents from the previously approved preliminary design, incorporating "CITY's" recommendations concerning the preliminary design, a mutually agreed upon preliminary budget, and any other applicable "CITY ", government, agency, commission or institute standards. (1.) Furnish five (5) copies each per request for final approval: (i) All drawings, at appropriate scales, and outline specifications required to completely and accurately size, locate, and describe all site and building development, all building systems, typical construction details, all required details for special construction including plans, profiles, sections (both full and partial), wiring diagrams and structural details. (ii) An updated, detailed report of the subsurface site investigation performed including boring logs, if necessary. (iii) An updated, itemized breakdown of probable construction costs. (iv) An updated project schedule. (v) An outline of deviations from the approved preliminary design and budget. (vi) Recommendation to "CITY" on any required changes in program or budget. (vii) Obtain and submit to "CITY" copies of all required letters of approval and permits due from all concerned local, county, state, and federal agencies, departments or commissions. h. Construction Documents Based upon the approved final design documents and any further adjustments in scope or quality of construction, or in the project budget authorized by the Utilities Department, prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for the construction of each project as well as the bid proposal prepared by "CONSULTANT ". "CONSULTANT'S" front end documents will be used. The "CITY" will be selling the contract documents to the prospective bidders. (1.) During the construction documents phase, perform the following (i) Prepare the final contract documents from the approved final design documents in accordance with "CIT Y's" established General Contract Conditions and contract forms, all items of work clearly identified to the specific contract. (ii) Verify compliance with applicable codes, laws, and standards. (iii) Submit to "CITY" a final detailed breakdown of probable construction costs. (iv) Submit a probable schedule of construction. (v) Prepare, with assistance from the "CITY ", Supplementary General Conditions and Special conditions for "PROJECT ". (vi) Supply five (5) complete sets of final construction documents to the Utilities Department for final review and approval. (vii) Schedule of drawings. (2.) Final drawings will be completed, including all necessary schedules and details following accepted engineering practices. All drawings will be on 22 -inch x 34 -inch sheets and will include both a standard scale notation and a visual scale (for microfilming). (3.) Specifications will be written in " CONSULTANT's" choice of format, subject to the following requirements and approval of the Utilities Department: (i) Sixteen Division format. Each Division shall be divided into Sections as appropriate. The CSI three part Section ( "GENERAL "; "PRODUCTS"; "EXECUTION ") organization be used within each Section, as well as the five digit Section designation numbers. (ii) Page size shall be 81/2 -inch x 11 -inch, printed single sided. (iii) Specify quality products using proprietary product names, followed by the words "or equal "; Dr shall specify a minimum of two (2) acceptable manufacturers or products, which are equally suited for the particular application. (iv) Use "short form" specifications, brief and concise, omitting lengthy descriptions of materials or methods. (v) Master specifications, including computer programmed master specifications, if used, shall be pre - edited as required to fit the requirements of the "PROJECT ". i. Acceptance of Construction Documents Upon approval and signature by the Director, the final design documents will be considered accepted. (1:) Furnish "CITY" with mylars of the final plans along with the originals (camera ready) of both the specifications and bid proposal. (2.) Answer questions from bidders regarding the content or interpretation of the drawings and specifications. (3.) Prepare necessary revisions and clarification to the drawings and specifications and any resulting addenda. (4.) Attend and assist "CITY" at required pre -bid meetings. 3. SERVICES DURING CONSTRUCTION a. Pre - Construction Meetings Attend or send a qualified representative to "CITY" for a pre - construction conference, to be announced subsequent to award of Contract. b. Clarification of Construction Documents Upon written request of "CITY ", prepare any required clarification drawings or written interpretations of the construction Contract Drawings and Specifications required to adequately demonstrate the full intent of the Contract Documents and to interpret and clarify the Construction Contract Drawings and Specifications and General and Supplemental General conditions as necessary for the proper execution or progress of the work. Any interpretations and clarifications will neither change the intent of the construction Contract Documents nor authorize the expenditure of additional funds. Also, "CONSULTANT" shall be available for field questions via telephone from "CITY's" designated representative concerning minor changes or interpretation of the design. c. Shop Drawing Review Provide prompt review of contractor's submittals of shop drawings, samples and product data to determine conformance with the design concept and information given in the Construction Contract Documents. "CONSULTANT" shall note approved substitutions and variations from "PROJECT" specifications and make appropriate corrections as required. Copies of all submittals will be forwarded to "CITY" for final approval and distribution. "CONSULTANT" shall also review submissions of sub - contractors, material suppliers, project phasing and schedules. d. Site Visits "CONSULTANT" shall make up to fifteen (15) field visits to the construction site(s) to attend progress meetings and /or answer design questions. Based upon observations made at the site(s), "CONSULTANT" shall make recommendations to the "CITY" concerning necessary tests or evaluations affecting possible rejection of contractors work in place or methods of construction. e. Pre -Final Inspection Attend a pre -final inspection of the work site as scheduled by "CITY ". The Construction Phase shall be considered complete when final payments to each prime contractor have been approved by the Utilities Department, or, in the absence of the approved final payment, such other date as may be determined by the Utilities Department. f. Preparation of Operations and Maintenance Manual Prepare an operations and maintenance (O&M) manual outlining the frequency of maintenance, product literature of products used during construction, repair methods, repair procedures, including for small tears and holes in the floating cover material. g. Training of City Staff This task shall include the training of "CITY" staff for the operation and maintenance items. Use of graphs, videos, slides and other handout materials is encouraged. The training shall be hands on training. "CONSULTANT" shall allow a minimum of three (3) days for training. h. Project Record Drawings No later than three (3) months after completion of the construction phase, transmit to "CITY" a complete set of "PROJECT" Record Drawings or similar material, prepared from information supplied by each of the prime construction contractors; per requirements in the Construction Contract Documents. III. DUTIES OF THE CITY In order to assist "CONSULTANT" in the execution of his responsibilities under this Agreement, "CITY" agrees to provide the following: A. Background information, reports, contracts, specifications, proposals or agreements as may be available or are in existence, which may be germane to the proper preparation and completion of "CONSULTANT's" defined duties. B. Survey records and easement information, as are available and appurtenant to "PROJECT ". C. Design criteria, hydraulic data and other technical information, as are available and appurtenant to "PROJECT ". D. Assist "CONSULTANT" with interpretation of "CITY" standards and design criteria. Meet with "CONSULTANT" as necessary to provide input or direction on matters pertaining to completion of specifications and final construction plans. E. Act as Project Manager and provide construction administration and field inspection on proposed "PROJECT ", once designed and awarded for construction. F. Provide blueprinting, CADD plotting, copying and other services through "CITY's" reproduction company for each of the required submittals and for bidding purposes. "CONSULTANT" will be required to coordinate the required submittals and bid plans with the "CITY's" reproduction company, Banana Blueprint. Each reproduction request must be approved before services are provided. G. "CONSULTANT" shall arrange times so "CITY" staff can meet with "CONSULTANI "' to review plans, specifications and other documentation provided by "CONSULTANT" relative to "PROJECT ". "CITY" will return all comments within seven (7) calendar days. H. "CONSULTANT" will have plans and specifications approved and signed by the Utilities Director by March 1`,1995. Liquidated damages accrue as of 5:00 PM March 1`,1996. IV. PROJECT MANAGER "CONSULTANT" shall assign the tasks of this project to a Project Manager, who will coordinate all phases of the "PROJECT ". The Project Manager shall be available to "CITY" at all times. "CONSULTANT" has designated Steve Tedesco, P.E. to be Project Manager. No change in this assignment is to be made by "CONSULTANT" without prior written consent of "CITY ". V. TIME OF COMPLETION AND LIQUIDATED DAMAGES "CONSULTANT" shall commence work immediately upon receipt of written notice to proceed. Work as required herein, shall be completed in a diligent and efficient manner to the execution of its completion. All work, with the exception of the construction phase, services required to advertise for construction shall be completed no later than March 1`, 1996. It is mutually agreed by "CONSULTANT" and "CITY" that liquidated damages of three hundred dollars ($300.00) per calendar day shall be assessed "CONSULTANT" for delays beyond the above specified completion date. Said damages shall be deducted from "CONSULTANT's" fee. Provided, however, that "CONSULTANT" shall not be responsible for damage or delay in performance caused by events beyond "CONSULTANT's" control. The term of this Agreement shall expire thirty (30) calendar days after the date the "PROJECT" is completed and accepted by "CITY ". It is agreed and understood by both. parties, that this is sufficient time to complete all such activities and tasks associated with the "PROJECT ", including "as- built" drawing preparation. VI. OWNERSHIP OF DOCUMENTS Original drawings and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than for this "PROJECT ", or any use of incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be made available to any individual or organization by "CONSULTANT" without prior written approval by "CITY ", unless required by subpoena. "CONSULTANT"' may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. "CONSULTANT" is granted permission to show prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VII. RIGHT OF TERMINATION A. "CITY" reserves the right to terminate this Agreement without cause at any time by giving "CONSULTANT" five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to the "CONSULTANT'S" business office 101 Pacifica, Suite 150, Irvine, California, 92718. B. "CONSULTANT" may terminate this Agreement after ten (10) days' written notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial failure to perform in accord with the terms of this Agreement, if, "CITY" has not corrected it's non- performance within that time. C. In the event of termination due to errors, omissions, or negligence of "CONSULTANT ", "CITY" shall be relieved of any obligation to compensate "CONSULTANT" for that portion of work directly affected by such errors, omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for any other reason, "CITY" agrees to compensate "CONSULTANT" for the actual services performed up to the effective date of the "Notice of Termination ", on the basis of the fee schedule contained herein. VIII. SUBCONTRACTORS AND ASSIGNMENT A. None of the services included in this Agreement shall be assigned, transferred, contracted or subcontracted without prior written approval of "CITY ". B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the other party; provided, however, that claims for money due or to become due "CONSULTANT" from "CITY" under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to "CITY ". C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the services of a private geotechnical firm, private landscape architect, and covering construction. Said geotechnical firm, Converse Consultants, Inc., said landscape architecture firm, Lynn Capouya, and said construction consultant, C. W. Neal, Inc., hereinafter referred to as "SUBCONSULTANT's ", shall be directed and compensated by "CONSULTANT" as if said firm were a direct employee of "CONSULTANT ". 1. Compensation for "SUBCONSULTANT's" services shall not be more than twenty - eight thousand five hundred dollars ($28,500.00) and shall be paid in accord with the limits of the "not -to- exceed" fee listed herein below. No additional compensation shall be made therefor. IX. PAYMENT & FEE SCHEDULE A. In consideration for the specified services, "CITY" hereby agrees to compensate "CONSULTANT" on an hourly basis as set forth below in the "PAYMENT & FEE SCHEDULE ". In no event shall said amount be.greater.than the amount of one-, _ hundred and ninety -two thousand ($192,000), inclusive of the subcontract services defined herein, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Principal.............................................................. ............................... $135.00 Sr. Project Manager /Sr. Managing Engineer ............................... 125.00 Project Manager /Managing Engineer ........... ............................... 115.00 Project Engineer /Sr. Project Coordinator ...... ............................... 98.00 Senior Engineer /Project Coordinator ............ ............................... 100.00 SeniorEngineer .................................................. ............................... 88.00 Engineer II and III ............................................. ............................... 80.00 Designer /CAD Operator /Engineer I ............. ............................... 75.00 Designer /Draftsperson .............................................. :.................... 65.00 Draftsperson....................................................... ............................... 60.00 Technician.......................................................... ............................... 48.00 Sr. Construction Inspector ............................... ............................... 62.00 Construction Inspector ..................................... ............................... 56.00 Planner................................................................ ............................... 88.00 Mapping Coordinator ....................................... ............................... 78.00 Word Processing /Administrative Support ... ..............:................ 45.00 Chief of Surveys ................................................ ............................... 95.00 Two -Man Survey Party .................................... ............................... 150.00 Three -Man Survey Party .................................. ............................... 200.00 C. The contract amount shall be paid to "CONSULTANT" in monthly partial payments based on the amount of hours worked and expenses incurred during each monthly pay period based on the actual hours of labor expended as determined by Project Manager for "CITY ". D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse "CONSULTANT" for the actual cost (plus 10 %) for all outside expenses, including those for: reproduction for copies of plans, reports and related documents, material costs authorized in advance by the Project Manager for "CITY ", and other reasonable expenses where such costs have been advanced by "CONSULTANT" and approved in advance by "CITY ". 1. "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within thirty (30) calendar days receipt of said records and hourly summary: 2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S" equipment, hardware, soft-ware materials, reproduction or mileage. Said costs are non- compensable. Time expended by " CONSULTANT's" personnel on such equipment shall be paid on the basis of the "FEE SCHEDULE" herein above. 10 X. ADDITIONAL SERVICES No change in character, extent, or duration of the work to be performed by "CONSULTANT" shall be made without prior written approval from "CITY ". In consideration for performance of additional services authorized by "CITY" in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase in the total compensation exceeding thirty thousand dollars ($30,000) shall require that an amended Agreement for such additional services be executed by "CONSULTANT" and "CITY'. XI. RECORDS "CONSULTANT" shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by "CITY" that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. "CONSULTANT" shall provide free access to the representatives of "CITY" or its designees at all proper times upon reasonable notice to "CONSULTANT" to such books and records, and gives "CITY" the right to examine and audit same, and make transcripts therefrom as deemed necessary at "CITY's" cost, and allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XII. INSURANCE A. On or before the date of execution of this Agreement, "CONSULTANT" shall furnish "CITY" with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. "CONSULTANT" shall use the "CTTY's" Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit "CONSULTANT's " indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, non - renewed, except after thirty (30) days' written notice has been received by "CITY ". Coverage may not be reduced or otherwise materially altered without the same advance notice to "CITY" of such alteration. B. "CONSULTANT" shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement, and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VIII" (or larger) in accord with an industry-wide standard and shall be licensed to do business in the State of California, unless "CITY" waives this requirement. 1. An appropriate industry-wide insurance rating standard shall be deemed Best's Key Rating Guide, latest edition. 11 C. "CONSULTANT" shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Bodily Injury Property Damage Aggregate Insurance Amount $ 1,000,000 each occurrence $ 1,000,000 aggregate $ 1,000,000 each occurrence $ 1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. Errors & Omissions Insurance Errors & Omissions coverage shall be provided in the amount of one million dollars ($1,000,000). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, "CONSULTANT' shall look solely -to its insurance for recovery. "CONSULTANT' hereby grants to "CITY', on behalf of any general liability insurer providing insurance to either "CONSULTANT" or "CITY' with respect to the services of "CONSULTANT ", 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. E. Additional Insured "CITY", its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to "CITY' primarily, and to "CONSULTANT' secondarily, if necessary. 12 XIII. WAIVER A waiver by "CITY" or "CONSULTANT" 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 different character. XIV. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable cost of litigation. XV. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both "CITY" and "CONSULTANT ". XVI. HOLD HARMLESS "CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council, boards and commissions, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, arising from "CONSULTANT's " negligent acts, errors or omissions, in the performance of services hereunder. 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City Attorney ATTEST: Z" 6 Wanda Raggio City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 (714) 6443011 (714) 646 -5204 fax City of Newport Beach, a municipal corporation John Hedges, Mayor „CI., ASL Consulting Engineers a California Corporation Douglas J. R ' art, Principal "CONSULTANT" 14 ASL Consulting Engineers One Jenner Street Suite 200 Irvine, California 92718 (714) 727 -7099 (714) 727 -7097 fax i r 'K�.�� • 4 �6aJ. IV .f k' i�. i Y n � n " 1 } ;�. t 4�." ! .�. ,�- �.• `'� `mod �; I x =: Is _ 2 .4 � h�V � / S Y� J� • � 1