Loading...
HomeMy WebLinkAbout09 - Civic Center & ParkCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 or FTse @NewportBeachCa.gov SUBJECT: CIVIC CENTER AND PARK — MATERIAL TESTING AND INSPECTION SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC. ISSUE: Staff requests approval of a professional services agreement to hire a consultant to provide material testing and inspection services for the Civic Center and Park Project. RECOMMENDATIONS: 1. Approve a Professional Services Agreement with Koury Engineering & Testing, Inc. (Koury) of Chino, California, to provide material testing and inspection services for the Civic Center and Park Project at a not -to- exceed contract price of $865,498.00 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve Budget Amendment 11113A- appropriating $865,498.00 from the Major Facilities Master Plan Fund to Newport Beach Civic Center Project Account No. 7410- 01002009. DISCUSSION: The City Council on April 27, 2010, approved a Construction Manager at Risk contract with C.W. Driver to provide full and complete construction administration, coordination and observation services for the Civic Center and Park Project. Accordingly, C.W. Driver solicited interest from nine firms to propose for material testing and inspection services and all nine firms submitted their qualifications and proposals. The firms were AESCO, All City Inspection, Construction Testing and Engineering, Dick Nigra Inspections, Koury Engineering, Leighton Consulting, Ninyo & Moore, Quality Assurance Inspections /Twining Inc., and Smith -Emery. C.W. Driver staff reviewed the firms' qualifications, related experience, and performance records. Five firms were interviewed by C.W.Driver and City staff. Koury was selected as the firm that would provide the City with the best overall services. Upon selection, Koury's fee schedule and hourly rates were found consistent with the current market for Civic Center and Park — Material Testing and Inspection Services Koury Engineering Professional Services Agreement September 14, 2010 Page 2 the skills and experience required for the work. Koury's scope of work is included within the attached PSA. ENVIRONMENTAL REVIEW: Material testing and inspection services are not subject to review by the California Environmental Quality Act (CEQA). FUNDING AVAILABILITY: With the approval of the recommended Budget Amendment in the amount of $865,498.00, sufficient funds will be available in the following account for the project. Account Description Newport Beach Civic Center Prepared by: I, P.E. Civil Engineer Account Number Amount 7410- C1002009 $ 865.498.00 Total: $ 865,498.00 Submitted by: men u. rsaoum lic Works Director Attachment: Location Map Professional Service Agreement with Koury Engineering & Testing, Inc. W ry O SAN tiro v �R�VF �O JP X92 J�� N� F� oR�vE J� P FARALLON D F J� Q Qo V O�Q- �Q- Q- LOCATION MAP NOT TO SCALE CIVIC CENTER AND PARK MATERIAL TESTING AND INSPECTION SERVICES PROFESSIONAL SERVICES AGREEMENT WITH KOURY ENGINEERING & TESTING, INC. FOR NEWPORT BEACH CIVIC CENTER AND PARK PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and KOURY ENGINEERING & TESTING, INC., a California Corporation whose address is 14280 Euclid Avenue, Chino, California, 91710 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new City Civic Center and Park. C. City desires to engage Consultant to provide material testing and inspection services associated with the Newport Beach Civic Center and Park Project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Dave Menefee. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of December, 2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eight Hundred Sixty -Five Thousand, Four Hundred Ninety -Eight Dollars and no /100 ($865,498.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: Professional Services Agreement Page 2 A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated DAVE MENEFEE to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. FONG TSE, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Professional Services Agreement Page 3 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner Professional Services Agreement Page 4 relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Professional Services Agreement Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Professional Services Agreement Page 6 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party Professional Services Agreement Page 7 or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its Professional Services Agreement Page 8 officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an Professional Services Agreement Page 9 immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3321 Fax: 949 - 644 -3308 Professional Services Agreement Page 10 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Dave Menefee Koury Engineering & Testing, Inc. 14280 Euclid Avenue Chino, CA 91710 Phone: 909 - 606 -6111 Fax: 909 -606 -6555 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 of seq.). , 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. Professional Services Agreement Page 11 29. 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. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Professional Services Agreement Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFECE OF�THE CITY ATTORN Leonie Mulvihill p; Assistant City Attorney t ATTEST: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Keith D. Curry, Mayor CONSULTANT: KOURY ENGINEERING & TESTING, INC. By: Richard D. Koury, President and Chief Executive Officer A Dave Menefee, Senior Vice President and Chief Operating Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 13 EXHIBIT A ENGINEERING & TESTING, INC. May S, 2010 C W. Driver 15615 Alton Parkway Ste 130 Irvine, CA 92618 Attn: Rick Schafer Koury Proposal No. 10 -0263 Subject Request for Qualifications for Material Testing and Inspection Services for the Newport Beach Civic Center and Park Project Dear Mr. Schafer. Koury Engineering & Testing, Inc. appreciates the opportunity to provide our qualifications in response to the RFP for material testing and inspections services associated with the Newport Beach Civic Center and Park Project. We are capable of providing a full range of geotechnical monitoring, material testing and special inspection services for all phases of the project. Our objective is to provide C.W. Driver with qualified staff to ensure that the project's required quality control goals are met. Our qualified staff includes multi - certified inspectors, field technicians and laboratory technicians. Since 1992, Koury has been providing materials testing and deputy'inspection services on the Division of the State Architect, governmental agencies, and private development projects. Through the quality services we provide, we currently hold contracts with many public agencies on similar types of projects, such as the City of Orange, the City of Riverside, the City of Pomona and the County of Los Angeles. We've also built long term partnerships with many Southern California school and college districts like North Orange County Community College District, Los Angeles Unified School District and Los Angeles Community College District. We are confident that you will be pleased with our professional approach, project experience, quality control procedures and desire to provide cost effective service. We look forward to supporting the Newport Beach Civic Center and Park Project. Regards, Koury Engineering & Testing, Inc. Dave Menefee Sr. Vice Presldent(COQ 10 -0263 Koury Engineering, Inc. - Chino, CA (909) 606 -0111 • vnre.kouryengineering.com page 1 Basis for Budget Breakdown Cost Our project engineer reviewed the following documents for the Newport Beach Civic Center and Park Project located in Newport Beach, California: 1. A set of civil and structural drawings dated February 18, 2010 prepared by Bohlin Cywinski Jackson. The structural drawings pertained only to the Council Chambers, City Hall and the Library Expansion. 2. A construction Schedule dated April 14, 2010 provided by C.W. Driver. Per the Request for Proposal the estimated budget breakdown is to be a not to exceed amount. However, the estimate budgetary numbers were prepared based on assumptions and the construction schedule. Elements of the project have not been designed prior to this proposal. Therefore, the budget breakdown is only considered a not to exceed amount on the adherence of the construction schedule and our assumptions. Should Koury be granted the project, we would request the opportunity to prepare a revised estimate budget based on final design plans. Based on our review of the drawings, we understand that the project will consist of the construction of a new city hall building, 450 stall concrete parking structure, new council chamber building, existing library expansion and various site improvement projects which include retaining walls and pedestrian bridges. During construction, Koury will provide construction observation and material testing to assure that the performed work complies with the project's requirements and specifications. Upon completion of the project, we will prepare a final observations report, including the results of all the tests performed. Our proposed services include, but are not limited to, the following list: • Review Plans, Reports and Project Specifications. • Review mix designs for concrete. • Observe, inspect, sample and test all structural concrete placed at the project site including the placement of the all reinforcing steel used on the project site. Tests will include: air content, shrinkage, compressive strength of concrete, slump test, temperature of fresh mix concrete and tension testing of cast in place anchor bolts. • Observe, sample and test all post- tensioning strands used on the project site. • Observe and inspect all structural steel erection including welding and high strength bolting. This will include performing non - destructive examinations of all qualifying welds in addition to torque /pull testing all high strength slip critical bolts. • Perform structural steel shop fabrication inspections. • Upon receiving the Client's written request, Koury will prepare a final report(s) documenting our observations and tests performed during construction. The final report(s) will be prepared in accordance with the attached Master Fee Schedule and typically take 10 to 14 working days to be prepared and submitted. Koury realizes each client's project needs are different and upon request, we can also provide the following services: • Attend Pre-construction meetings. • Attend weekly meetings. • Respond to Reviewing Agencies. 1"263 Koury Engineering, Inc. • Chino, CA (909) 606 -6111 • w .kouryengineering.com page 6 The following is an itemized budget breakdown for anticipated construction testing and inspection services_ ♦ Mass Grading /Shoring /Export -% Rate Cost ICC Inspectors 320 hrs Water Content (WC) Inspector 40 $69.50 $ 22,240 hrs Laboratory/Eng Fees $95.00 $ 3,800 LS $ 15,330 ♦ Parking Garage 41,370 ICC Inspectors 1920 hrs Water Content(WC)Inspector 40 $69.50 $ 133,440 hrs Laboratory/Eng Fees $95.00 $ 3,800 LS $ 16,410 ♦ Council Chambers 153,650 ICC Inspectors 528 hrs WC / NDT Inspector $69.50 $ 36,696 120 hrs Laboratory/Eng Fees $95.00 $ 11,400 LS $ 5,595 ♦ City Hall 1 53,691 ICC Inspectors 5048 hrs WC / NOT Inspector $69.50 $ 350,836 848 hrs Laboratory/Eng Fees $95.00 $ 80,560 LS $ 34,185 ♦ Library Expansion 465581 ICC Inspectors 576 hrs WC / NOT Inspector $69.50 $ 40,032 136 hrs Laboratory/Eng Fees $95.00 $ 12,920 LS $ 5,890 ♦ North Park 58,842 ICC Inspectors 136 hrs WC Inspector $69.50 $ 9,452 24 hrs Laboratory/Eng Fees $95.00 $ 2,280 LS $ 2,550 ♦ Central Park 14,282 ICC Inspectors 432 hrs WC / NOT Inspector $69.50 $ 30,024 104 hrs Laboratory/Eng Fees $95.00 $ 9,880 LS $ 3,465 ♦ Pedestrian Foot Bridge over San Miguel Drive 43,369 ICC Inspectors 528 hrs WC / NOT Inspector $69.50 $ 23,908 120 hrs Laboratory/Eng Fees $95.00 $ 6,840 LS $ 3;965 34,713 Total Estimated Budget for construction testing and inspection services: 865,498 1"263 Koury Engineering, Inc. • Chino, CA (909) 606E111 - www.kouryengineering.com page 9 EXHIBIT B CONSTRUCTION MATERIAL MONITORING AND TESTING Inspector- Concrete ............._._..._......._........_..._..................__......_......_......................_.. Inspector Batch Plant ..........._.._......._.......$ 69.50 Per Hour ._.._......._ ................_..................._.........._ ...._.......__...._............ ......... Inspector --- Inspector - Concrete Post Tension.........__... - - - - -$ 69.50 Per Hour "... .......op........___...._......_.__...."_...._.._ . .................__...._....... Inspector- Concrete Pre - stressed at Fabrication Shop... $ - �'�� "�' "" 69.50 Per Hour Inspector - Shotcrete ......_. ........ P.__._....__.__......__" ........................._.... ................_........._...$ ......._..." 69.50 Per Hour ....................._....._......__......_..__ ...... _...._....._.............. _....... ...... Inspector- Masonry ......_........eldi_......_...._..._........__..._...." ..._.. .......... $ 69.50 Per Hour .............._.. ......................-.._..... Inspector - Strucfural Steel and Welding.. �--- g..._.op...._.. °-- - -' � -- $ 69 "50 Per Hour .._....._.........._._._....... _.. - ... ....... ..._. .. Inspector - SWctural Steel at Fabrication Shop � � � " " " "'���������' $ 69.50 Per Hour Inspector Fireproofing P ...................._............-..._......._..."_..._._..._..._ .........._........._..._._...$ P P 9-.._..._......_........._._...__ 69.50 Per Hour .............._.....-...-............_....-...._................. ......_............_...._.....$ Inspector - Glu -Lam Beams/Gusses at Fabrication Shop...._..._........._ 69.50 Per Hour .. .....".. e cti ....................... ............................... Nan - Destructive Testing: Dye Penetrant, Magnetic Particle Inspection_.................................... $ 95.00 Per Hour Dye Penetrant, Non - Destructive Testing: Dye Penetrant, Developer, Cleaner......._...... velope Cl _..._..... $ 95.00 Per Hour ...._ .............._................. .........__...................$ Non-Destructive Testing: Magnetic Particle Powder 15.00 Per Can ...................................................................... ............................... Non - Destructive Testing: Coup. ant..._..........._ $ 20.00 Per 6 oz ..............................._..........._._....._............._......_ ............................._$ Water Content Technician......_ .............. .............................:: 60.00 Per gallon ._._ ................................................. ......._...._..............._.$ Radiography Technician .....................__......._.......................... 95.00 Per Hour ................__......_.....: .... .. ._ .... ..... Radiography Truck ......... .......... .................._....._.._.. ...... _$ 95.00 Per Hour _........._......_....._......$ Radiography Film ..................................... ............................... ...._._......." ................._......._................._......:.._....................._...__....... 125.00 Per Shift ._....................- Lab Technician - Pachometer (Includes equipment) .......$ 0.15 Per Sq /In ......... _.....".._... ............................................ ............................_.. Lab Technician - Pull -Out Test on Splay Wires, Embedded Bolts/Anchom/Dowels $ 95.00 Per Hour (i man & includes equipment) ......................................... ......................... Lab Technician - Pull -0ul Test on Splay Wires, Embedded Bolts/Anchors . $ 95.00 Per Hour and Dowels (2 man & includes equipment) ............. ....................................... Lab Technician - Concrete or Masonry Caring - Floors (1 man &includes equipment) $ 135.00 Per Hour .............. Lab Technician - Concrete or Masonry Coring - Vertical and Overhead (2 man &includes equipment) ....._....._._...... - Floor Flatness Testing (Under 10,000 sq/ ft) $ 135.00 Per Hour ................................................................................... ............................... Floor Flatness (Over 10,000 sq/ft, Less than 20,000 sq/ ft).._ $ 600.00 Each ..... ...........__...._............. Floor Flatness (Over 20,000 sq/ft) ............................. ......'..... ...... ..... ......................... $ 0.06 Sq/Ft ..._....._..........._ ....................._........_........ ..........................__... LABROTORY TESTING SERVICES $ 0.05 Sq/Ft ASTM Physical Charteristics CONCRETE C39 Concrete Cylinders Compression Test (6" x 12' g ............................................ .._.........._..._... 0469 Concrete Cylinder Compression Test with MOE (Modulus of Elasticity) $ 20.00 Each . ............................... 0495 Lightweight Fill Concrete (3'x 6").... ...._ $ 500.00 Each .....::................_.. ... C42 Concrete Cores, 6" Max. Diameter, Includes Care Trim .......................... ............................... C42 Shotcrete Cores, 6" Max. Diameter, Including Core Trim $ 35 00 Each ....................... ........._................,,... C42 Gunge Cores, 6" Max. Diameter, Including Core Trim $ 35.00 Each .................. ...._..... ............................... C157 Grout Shrinkage (3 Bars - Four Readings, Up to 90 Days).... $ . $ 35.00 Each ......._ ....................... 0567 Unit Weight of Hardened Light Weight Conaete........................................ ; 225.00 Set C684 Ra id CureConcrete Cylinders ""`° P Cy (Boil Method) °- -. -$ 35.00 Each ......................................... ............................... 0157 Drying Shrinkage (3 Bars -Four Readings, Up To 90 Days) $ 40.00 Each ..._......._....:...__._: 0495 Lightweight Fill Concrete Density -- t y ............... ° °- -... $ 250.00 Set ............................... ............... ............................... Density (Unit Weight) of Concrete $ 35.00 Each .........................._.........:....:..._......... ...._......_............_...... C173 Air Entrainment Test(Volumetric Method) $ 30.00 Each --- ......._........._ ..:.:..........._...... ..............._...._...., C231 Air Entrainment Test (Pressure Method - Non Lightweight Aggregate ).......... .:.:$ 35.00 Each ............. Q78 Flexure Test 6 "x6" Beams ._......._..._......._ - ......... $ 35.00 Each ......... ...................__.._...._. - .. C486 Splitting Tensile 6"x 12' Cylinders .......:.............. ........... $ 85.00 Each 869 Measuring Moisture Vapor Emission Rate 65.00 Each .._ ................. - MASONRY ..................... ............................... A .. $ 35.00 Each BLOCK .C780 Mortar Cylindem(2 "x 4) .... ................................. ....._._........................... ................... C109 Mortar Cubes( 2' x2" J ................_... ...... ....$ 20.00 Each .....:........._..._.........._ ............................. C7019 Grout Prisms 3'x6 ........... " " "'. " " "'. " "' "' ( ' �..:.._..::...._ ............................_.......:................._..... ......$ 20.00 Each ..........................:,..$ 20.00 Each 10 -0263 Koury Engineering, Inc. • Chino, CA (909) 606 -0111 • wwwAouryengineering.com page 10 C1314 Grouted Prisms Compression (Masonry Assemblage) Test <8" x 8" x 16 "......._....._ $ 95.00 Each F C1314 Grouted Prisms Compression (Masonry Assemblage) Test >8" x 8" x 16" _ ............._............ ............. $ 125.W Each C140 Moisture Content as Received each..._ C140Absorption, ....................._........._.._.......... .............._...._........_.. 3 Required.....__ $ 50.00 Each C140 ................._.__......___.............._........_ ._._......._................._$ Measurements...... 40.00 Each C140 _....__ ..............................._.._.._........._..._........... ._....._._......._........_.._$ Compression 58'z 8" x16 ", Qty3 Required._._......._....._.._..._..... 30.00 Each C140 ......._...__....._........___$ Compression>8'x 8" x16 "Qty3 Required.........__...._........._........_ 45.00 Each C426 .._......._.._..._.._.........$ Linear Shrinkage, Qty 3 Required..._...... 55.00 Each 2 __._....__ ..............._... -. _ ..........___.._... .._.__........ Masonry Core- Compression $ 80.00 Each C42 ............_...._..._ - ....................... ............................... Masonry Shearting........_ ._..._...__$ 55.00 Each C42 ..........................._._.....................__.. ._......._..................... tort' C In Laboratory Core Cutting...........___........._..........._ $ 75.00 Each ........................._ _.........._..........._....... $ 50.00 Each BRICK C67Compression C67 ...................._.._._.._....._....._..._..._........._....._.._........... ..._._........._.._..__.......$ Modulus of Rupture 40.00 Each C67 ._............__......._.... ............. __......._..._................$ Absorption, Soak 50.00 Each C67 ...................... Absorption, Boil......._.._..._ ........... $ 30.00 Each C67 . Absorption, Saturation Coefficient $ 30.00 Each C67 .................._.____............._............... ..............................$ Initial Rate of Absorption 40.00 Each C67Efflorescence............_.._....__.._._ ._..._ ..................._............._..._. ................_......_....._. $ 40.00 Each C67Ef ......................_.........._................... ......._......._......__......$ orescencewlth Mortar............_........._........._........._._ 55.00 Each .............._.... .............._..._......_....$ 65.00 Each STEEL REINFORCING A615/A706 Tensile No.8 Bar and Smaller......_ A615IA706 ..............._......_........_................... ..._........_....._......._...$ Tensile No. 9 To 11 Bar.._ 35.00 Each A615/A706 ........................._...._............_........._........... ........................._._._. Tensile No. 14 Bar $ 45.00 Each A615 /A706 .................................................................................... ............................... Bend Test No.88ar and Smaller..._.__......._ $ 70.00 Each A6151A706 ..............._.........._.._........ :- ...............__...........$ Bend Test No. 9 To 11 Bar 35.00 Each A615/A706 ..........................._......_._...._..................._.. ..._........_..._.............$ Bend No.14 Bar 45.00 Each .0615/.0706 ........................_........._.._.................................._......... .._............................ Bend / Tensile Test No. 18 $ 70.00 Each 706 _ ...................... ..._............._..._......... . ............................... Chemical Analysislia ............ $ 250.00 Each A615/A706 n._........._ ........................:................................... ....__.__.....................$ Cut Campliance....._ 300.00 Each .0615/.0706 ................_.._............_......................_.._ ....._..._......._............$ To Siie Cut To Size (for tes0ng)............_. 55.00 Each ......................_.._.............. ......................_.......$ 10.00 Each STEEL COUPLED WELDED REINFORCING A61 SIA706 Tensile No.8 Bar and Smaller........._ A615/A706 ..................__..............._...._......... ......_.......................$ Tensile No. 9 To 11 Bar 70.00 Each A615IA706 ........... ............................... .. ............................... . ............................... Tensile No. 14 Bar. $ 80.00 Each .0615/.0706 ...._ ..............._.......... ................................................ ............................... Tensile No. 18 Bar .. $ 100.00 Each ..............._........_.._......._............_......._.................... ..............._............... $ 275.00 Each STRUCTURAL STEEL A370 /1`606 Bolt Tensile Test A370 /F606 ........................................................................................ ..............................$ Solt Proof Test 55.00 Each .0370/1`606 .......................................................................................... ............................... Nut Proof Test......._....._._...._.........._ $ 45.00 Each A370/F606 ................_.........._...._....._......... ......_................_......$ Nelson Stud Tensile Test 45.00 Each A370/F606 .......................................................................... ............................... Metal Deck Tensle Test (formed sheet metal) $ 115.00 Each E10- ................... ........._............__....._. .............. Brinell Hardness Test . .:. $ 135.00 Each E18 ............... ......._._...._...:....._....__ ....................... ............................... Rockwell Hardness Test ....$ 45.00 Each A370 /F606 ........................................................................... ............................... Coupon Tensile Test._............__..._ $ 45.00 Each A370 /F606 ................._............................._...._. ................_.............$ Coupon Bend Test 40.00 Each A370/F606 .................................................................................... ............................... Nut/ Bolt / Washer Hardness Test.._....__._ $ 40.00 Each A90Metal ..................._..................... ......._..........__..........$ Deck Coating .......:....._.__..._.....__........................._................... 45.00 Ea. Pc A370/F606 ._..._..........._.........:..$ Machining & Preparation of Samples 115.00 Each ............._....._...._........._................ ............................... $ 40.00 Each PRESTRESS A416 Prestressed Strand(Yield/ Tensile)..........___....._....._ ........................... ....................._........$ Sample Preparation (Grease Removal). 125.00 Each ......_......._ ...............: ._ ............ ................._.._.......:.. $ 15.00 Each FIREPROOFING UBC43-8 Oven Dry Density....._.._..........__ UBC 43-8 ............................_._.......................... ........:_..................... Adhesfve/Cohesion Testing $ 45.00 Each ........... ............................... . ............................. ._ ................_......... $ 45.00 Each ROOFING UBC 32 -12 - Tiles (Breaking Strength / Absorption) ..................................................... ............................... MineralShake- Flexural_ $ 60.00 Each ..............._._................................................... ................._............$ MineralShake- Absorption 40.00 Each ...................................................................... ..............................$ Tagging. Material Id and Sampling Tiles 30.00 Each .................................................. ...:.....:..................... Fina(Labcratory Rnatme Material Affidavit Report $ 70.00 Per Hour ................................. ............................... $ 300.00 Each 10 -0263 Koury Engineering, Inc. - Chino, CA (909) 606 -6111 • yr w.kouryengineedng.com page 11 MIX DESIGN C192 Review of Existing Mix Design, Determination of Proportions (3 Bus. Day Result) $ 750.00 Each ...... C792 Review of Existing Ma Design, Determination of Proportions (Same Day Result) ................ .......... 300.00 Each WELD PROCEDURE AND WELDER QUALIFICATIONS Review Existing Welding Procedure Specification (WPS) ......._........._.._ .............................._.. ..._..........._._......._..___ Review Welding Procedure Qualification (PQR) _.......-.... $ 150.00 Each ___..._........_.._............ ... _.. _.... _....... _ ...................... Observe Welder Quate ._.... $ 150.00 Each (1 -ion thick oWI)__..__......... ... ........_..........___.._.....$ Weld Tensile Test Plate (1-inch thick or less)...._..._........- 69.50 Per Hour _ ... ....... .. ..... ._ ......... _..._... .................... ............_......._.. Weld Bend Test Plate (1 -inch thick orless).. .._ $ 50.00 Each ........ .... .......... ...... -._._.........._._.__ ...... ............................... Weld Macro Etch Plate (14nch thick or less).....__ $ 55.00 Each ...... ..._.._....... ._...__ ...................._....._.......... ........._........._........._. - Weld Tensile Test Rebar #3 through #9 .................. $ 70.00 Each ._..... ....._.._................_........_.... ...._..........._.._........... Weld Macro Etch Rebar #3 through # 9 ...... .. $ 90.00 Each .......... . ....._.................. ....._. ...................................... ._ _ ..............._...._....._.._. Weld Tensile Test Rebar #10 through #14 _ $ 70.00 Each ....................._ ......... ......................... _........_-..... .......................__...... Weld Macro Etch Rebar #10 through # 14. _.. $ 125.00 Each ................. ........_.._..........._..__._.._............_..._..... ...................._....._._.. WeldTensile Test Rebar# 18 $ 110.00 Each .....................__......._ _.....................___...... __ _. .............._.._............. WeldMacro Etch Rebar# 16......_.._....inch._..._........_........._......-..._........._......._-_..--... $ 275.00 Each _..._...........__._.._.___.._. X -Ray Plate or Rebar in Laboratory (1 -inch thick or less)...._....._......._ $ 180.00 Each ........... .... .................. . $ 150.00 Each FIELD EQUIPMENT CHARGE Equipment - Torque Wrench ........ - ....... ........... ...._............................ ..........._........_...$ Equipment - Skidmore Bolt Tension Calibrator.. 65.00 Per Day ..............__.._..._..............................._.........._... ......_............._......__ Equipment - Multiplier ......._..._ .__ .................._......... -$ '$ 150.00 Per Day Equipment- Schmidt Hammer........_...._........._ 15.00 Per Day ......................................._..............................._. ...................._.........$ Equipment -Dry Film Thickness Gauge ............................... 40.00 Per Day .......................... .... ... .. ...................... ............................... Equipment - Non -Shrink Grout Mold 2" Cube $ 40.00 Per Day ._.:......_..._._.........._ ............._............................_ .._............... _...........$ Equipment - Slab Moisture Test Kit 25.00 Per Day ..........__...._ ................._...__................_..........._......_....... ........._.._._...............$ ' Equipment- Air - Entrainment.._....__._.._... 35.00 Per Day _........_._..........._....... ....._._ ...._ - ............._..__...... Equipment - Windsor Probe ............. $ 25.00 Per Day ......... ............... ...._ ............................... ._.._........__..$ ......... ............................... Equipment -Track Charge_ ..................._...._.._.............................................._................._........ 25.00 Per Day ..._..........................$ 55.00 Per Day LABORATORY HOURS Laboratory hours are 7:00 a.m. through 4:00 p.m., Monday through Friday ................... '- .. ... ......................................... Additional charges will be made for off-hours, weekends or holidays as follows: ... _ ......... ........_...._....... .................... Off-hour Laboratory Operations per hour _.. ..._.._......_......__...._.:_. _... -- ...........................$ Saturday laboratory Operations per hour 500.00 Per Hour ................................ ............... ............................... ....... ............................... Sunday or Holiday Laboratory Operations per hour $ 500.00 Per Hour ......... ......... ..................... ......................................... ............................. ............................... 750.00 Per Hour ADMINISTRATIVE SERVICES Administrative Office Support Faxed .............................................................................................. ............................... Project Task Analysis & Tracking ........ .........._........_....._ $ 50.00 Per Hour ........ ........._......_._............ .................... ............................... Report axed. Copied or Sent by US Mail ...................................... $ 65.00 Per Hour ............................... ... ............................... ............. File Retrieval from Archive $ 7.50 Per Sheet ............................................................ ............................... ... ............................... Express / Delivered ..._ ..............................................................._........._..............__........_ $ 40.00 Per File ...._.........._........_._.... $ Cost Plus 20 MISCELLANEOUS SUPPORT FEES TestRush Tracking ..................... ....................... ............................................................. I ....... I ....... . .................. Subsistence Pay .............................. . ... Cost Plus 15A ............................................... ............_..._............ _.....__......................_ TravelCost (Out of town work) ..... ............................... Quote .. ............................... ...... ............................... ........................... SampleDisposal ..............._.._.._._........................................._...._................._........_.... Cast Plus 20% ...._.........._........._..... Parking................................................................................................................. Quote ............................... Cost Plus 20% ENGINEERING AND PROFESSIONAL SERVICES SeniorEngineer/ Senior Geologist ................................................................................................. ............................... Staff Engineer/Geologist ...._ ..............__.................._..............................._............................_.. $ 130.00 Per Hour ....._....._...._......._.....$ ProjectManager/ Field Supervisor ....._......._ ....:...................._..._........._._......:......................... 100.00 Per Hour ....._.._................._...$ Administration 95.00 Per Hour ............. ............._..............._.._.............._..............._.._.......:.._..._........ ...._........._. -------- Drafter - ...._.$ 45.00 Per Hour ......_ ..............._........ ............................... TestTechnicians Lab - Materials . $ 60.00 Per Hour ..................................................................... ......_................._. .................__.........._$ .Test Technicians away from Lab (regular time per hour).._......... 65.00 Per Hour ........................... ............................... ............._,,,.,_.. Technician Report for Special Services !Off Site Testing $ 75.00 Per Hour ............................... ................................................... I ........ Certified Process per Project Invoice ...._ .. $ 200.00 Each .......:.................... .......................:...._: - .._ ......._.........._ ... ...... .......... Pang Court Appearance (4 -Hour Minimum) ..... ..$ 150.00 bimonthly ..................._.........._........._..............,........_._...... ............_._...............$ Preparation for Court Consultation (fn our Office) .................................. 350.00 Per Hour Preparation for Court, Consultation (Out of our Office, 4-Hour Minimum) $ 250.00 Per Hour ........................................ : ................$ ........... Expert Witness Testimony (Corporate Officers and Engineers) 250.00 Per Hour ......:..,._ ................_.................... .....:.:........_.............. Deposition (portal to Portal, 4-Hour Minimum) ....... Quotation ............................... . $ 275.00 Per Hour 10 -0263 Koury Engineering, Inc. • Chino, CA (909) 606 -0111 " www.kouryengineedng.mm page 12 'REPORTS Final Materials Compliance Report.... ........ ................. .......... .............._......_....._... Final Laboratory Verified Report (LVR) DSA -292 (Required for DSA Projects).. _............... $ 500.00 Each _..s_ .............._.._... Final Special Inspection Verified Report (SIVR) DSA -291 (Required for DSA Projects)..... ...._...__..$ 500.00 Each Final Laboratory _.. ._..._.._._.__......._- eMaterial Affidavit Report... ........ $ 100.00 Each ..... ........_....._.._.....__ .................. ___.._......__..............._$ y Sum Final Radiography Summary Report_ ..........._.........._..._..............__....._....._................._.._.. 300.00 Each ..__..._._...... Final GPR Summary Report... ...ort..._........_.... _....... _.....$ 200.00 Each Final a ometer Summary Report . _ , .... ._. _.......$ 200.00 Each .. _ Final Materials Testing Summary Report .... .. _ .......... $ 200.00 Each .... ..... _ ...... _.. _. _...... Final lnsituC eil Tensile Report ..... ......_...... . ........_..__. $ 200.00 Each _... . ............... FinalI Ceiling Wire Report .... ....... _............_......_._ ....... .$ 200.00 Each ...................._............_........................ ._....... Re Interim Report from Engineer......_..__........_...... ..... ..... ........... $ 200.00 Each ................................... ....._..._ ........_._._..._....._......._ ---- .. -. $ 500.00 Each " Each report includes a set of 3 stamped volumes. Any extra duplication will cost $150.00. The above indicated report fees are applicable unless quoted otherwise in project's specific proposal and contract. 1"263 Koury Engineering, Inc. • Chino, CA (909) 606 -6111 • wwwAouryengineering.com page 13 Business Search - Business Entities - Business Programs Page 1 of 1 Business Entities (BE) Online Services - Business Search - Disclosure Search - E -File Statements - Mail Processing Times Main Page Service Options Name Availability Forms, Samples & Fees Annual /Biennial Statements Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQ, Contact Information Resources - Business Resources Tax Information - Starting A Business - International Business Relations Program Customer Alert (misleading business saticrations) Business Entity Detail Data is updated weekly and is current as of Friday, July 23, 2010. It is not a complete or certified record of th me: KOURY ENGINEERING & TESTING, INC. mber: C2227510 : 04/03/2000 FAddress; ACTIVE on: CALIFORNIA dress: 14280 EUCLID AVE , State, Zip: CHINO CA 91710 Agent for Service of Proc ess: REGINA LY LE Agent Address: 14280 EUCLID AVE Agent City, State, Zip: CHINO CA 91710 Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Corporations Code section 2114 for information relating to service upon corporations that have surrend • For information on check ng or reserving a name, refer to Name Availability. • For information on ordering certificates, copies of documents and /or status reports or to request a more Information Requests. • For help with searching an entity name, refer to Search Tips. For descriptions of the various fields and status • types, refer to Field Descriptions and Status Defin itii Modify. Search New Search Printer Friendly Back to Search Results Pr vacy Statement I Free Document Rea 'or, Copyright © 2010 California Secretary of State http: //kepICr.sos.ca. aov /cbs. asox OWN/9010 City of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues from unappropriated fund balance X SOURCE: PX Civic Center Construction EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11BA -005 AMOUNT: $865,499.00 IdIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations from the Civic Center Construction Fund unappropriated fund balance to cover the cost of a professional services agreement (PSA) with Koury Engineering & Testing Inc. for material testing and inspection services for the Civic Center and Park Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 410 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Civic Center Construction Fund - Fund Balance $865,498.00 " Description Credit Signed: City Council Approval: City Clerk Date Description Division Number 7410 Civic Center Construction Account Number C1002009 New City Hall /Civic Center $865,498.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: ��A'n�/j' v �l I 7° 9, /(i -(,I Financial Approv Services Director Date Signed: �Ad�miinistrative ( � G JL4A 5/014 Admi trative Approval: 'ty Manager Date Signed: City Council Approval: City Clerk Date