ATTACHMENT #1
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Project Name: CI 5520 Site Improvements at
Reservoirs and Pump Stations
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
AECOM TECHNICAL SERVICES, INC.
THIS AGREEMENT is made and entered into this 20 th day of June 2023, by and between CITY OF THOUSAND OAKS, a municipal corporation ("City"), and AECOM TECHNICAL SERVICES, INC. ("Consultant").
City and Consultant agree as follows:
1. RETENTION OF CONSULTANT
City hereby retains Consultant, and Consultant hereby accepts such engagement, to perform the services described in Section 2. Consultant warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by Consultant are as follows:
Professional services in conjunction with Site Improvements at Reservoirs and Pump Stations. Services and deliverables shall generally include design and preparation of Contract Documents and Bidding support, as more particularly set forth in the Scope of Work, attached as Exhibit “A,” which is incorporated herein by reference.
3. COMPENSATION AND PAYMENT
(a)Maximum and Rate. The total compensation payable to Consultant by City for the services under this Agreement SHALL NOT EXCEED the sum of $399,055 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly, at the hourly rates and with reimbursement to Consultant for those expenses set forth in Consultant's Schedule of Fees, attached as Exhibit "B" and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon Consultant until December 31, 2024, after which any change in the rates and expenses must be approved in writing by City's Project Manager (City is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due Consultant for all work described under this Agreement.
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(b)Payment. Consultant shall provide City with written verification of the actual compensation earned, in a form satisfactory to City's Project Manager.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including, if applicable, a list of hours worked by personnel classification). All payments shall be made within 30 days after City’s approval of the invoice.
(c)Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B.”
4. CITY PROJECT MANAGER
The services to be performed by Consultant shall be accomplished under the general direction of, and coordinate with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently is Roner V. del Castillo, PE.
5. TERM, PROGRESS AND COMPLETION
The term of this Agreement is from the date first written above to December 31, 2024, unless term of this Agreement is extended, or the Agreement is terminated as provided for herein.
City Manager or his or her designee shall have the authority to extend the term of this Agreement in writing no more than 3 separate times, for a period of 1 year each Extensions of time shall be memorialized by execution of a written amendment.
Consultant shall not commence work on the services to be performed under the Agreement until (i) Consultant furnishes proof of insurance as required by paragraph 9 below, and (ii) City’s Project Manager gives written authorization to proceed with the work. All services shall be completed within the term of this Agreement.
6. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than Consultant's drafts, notes and internal memorandum), including duplication of same prepared by Consultant in the performance of these services, are the property of City. City shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when requested by City. City agrees to hold Consultant harmless from all
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damages, claims, expenses, and losses arising out of any reuse of the plans, specifications, graphics, brochures, reports, and other documentation for purposes other than those described in this Agreement, unless written authorization of Consultant is first obtained.
7. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTS
This Agreement is for professional services, which are personal to City.
Rosaida Harris is deemed to be especially experienced and is a key member of Consultant's firm, and shall be directly involved in performing, supervising or assisting in the performance of this work. This key person shall communicate with, and periodically report to, City on the progress of the work. Should said individual be removed from assisting in this contracted work for any reason, City may terminate this Agreement.
This Agreement is not assignable by Consultant without City's prior written consent.
No part of the work described in this Agreement may be subcontracted out to other parties.
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Consultant's Damages. Consultant holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement. (b) Defense and Indemnity of Third-Party Claims/Liability.
Consultant shall, to the maximum extent allowed by law, indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City.
Should conflict of interest principles preclude a single legal counsel from representing both City and Consultant, or should City otherwise find Consultant’s legal counsel unacceptable, then Consultant shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay City any
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final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Consultant’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Consultant’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
Coverage shall be at least as broad as:
(a).Commercial General Liability (CGL): Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including without limitation, blanket contractual liability.
(b).Automobile Liability: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as
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Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c).Worker’s Compensation: Consultant shall, at Consultant's sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily injury or disease. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected officials, officers, agents, employees and volunteers for all work performed by Consultant, its employees, agents and subcontractors.
(d).Professional Errors and Omissions Insurance: Consultant shall, at Consultant’s sole cost and expense throughout the term of this Agreement, and any extensions thereof, carry professional errors and omissions coverage of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate, with tail coverage for an extended reporting period of three (3) years.
If Consultant maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Consultant shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
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Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and no-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be excess of Consultant's insurance and shall not contribute with it and shall be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of 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 a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications - to waive their right of recovery prior to a loss. Consultant hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a). The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b). Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c). If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Consultant shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate
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named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
10. RELATION OF THE PARTIES
(a). Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. (b). No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. CORRECTIONS
In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work that may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Consultant or withheld from any funds due to Consultant hereunder.
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12. TERMINATION BY CITY
City may terminate without cause any or all of the services agreed to be performed under this Agreement upon 30 calendar days’ written notice. If termination is for cause, no advance notice need be given. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within 30 days following submission of a final statement by Consultant unless termination is for cause. In such event, Consultant shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors, agents and consultants.
14. AUDIT OF RECORDS
Consultant shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination of this Agreement. Consultant agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Consultant shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Consultant with respect to this Agreement.
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15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
Consultant is unaware of any City employee or official that has a financial interest in Consultant's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer, encourage or accept any financial interest in Consultant's business by any City employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Ventura County.
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20. TAXPAYER IDENTIFICATION NUMBER
Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
21. NON-APPROPRIATION OF FUNDS
Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
22. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City and Consultant.
23. USE OF THE TERM “CITY”
Reference to “City” in this Agreement includes the City Manager or any authorized representative acting on behalf of City.
24. PERMITS AND LICENSES
Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
25. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.
26. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
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27. ENTIRE AGREEMENT BETWEEN PARTIES
Except for Consultant's proposals and submitted representations for obtaining this Agreement, this Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services and contains all of the covenants and agreements between the parties with respect to said services.
28. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
29. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Roner V. del Castillo, PE
Public Works Department
City of Thousand Oaks
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
TO CONSULTANT: Ben P. Horn, PE
Principal/Managing Engineer
AECOM Technical Services, Inc.
3027 Townsgate Rd. Suite 140
Westlake Village, CA 91361
30. SIGNATURES
(a)Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b)Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e., files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
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(c)Digital/Electronic Signatures. This Agreement may be executed using digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a city-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first above written.
AECOM TECHNICAL SERVICES, INC.
Ben P. Horn, PE
Principal/Managing Engineer
Armand Tatevossian
Secretary
CITY OF THOUSAND OAKS
Kevin McNamee, Mayor
ATTEST:
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
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APPROVED BY DEPARTMENT HEAD:
Clifford G. Finley, Public Works Director
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
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EXHIBIT A
Scope of Work
The scope of engineering services defined herein, shall apply to the improvements at Reservoir and Pump Station sites to address site fencing; reservoir overflow pipe capacity review for containment of tank overflow, and onsite and off-site drainage improvements, for containment and proper discharge of flows; new pump canopies; door replacements; roof upgrades/replacement; LED lighting; vault cover; addition of emergency generators; electrical improvements; and surge tanks operational Improvements.
Consultant shall perform the following tasks:
Task I: Project Management and Meetings
Consultant shall arrange and conduct all meetings and workshops, prepare a meeting agenda two days in advance for City Project Manager’s review/comments, prepare the meeting summary of discussions/decisions, and email a copy to all attendees for review and concurrence. The meeting summary shall include action items by City and/or Consultant.
Consultant’s project management shall include but not be limited to the management of all subconsultant team members, coordination with the City Project Manager, and submission of project invoices in a format acceptable to the City.
Task 1.1 Kickoff Meeting (allow 3 hours - ZOOM) – To include as a minimum: the project team introduction, formalizing methods of communication, Consultant presenting project approach and receiving feedback from City staff, discussing project schedule and milestones, providing a list of requested project information and documents, etc.
Task 1.2 Progress Meetings (estimate 5 meetings at 2 hours each - ZOOM) - To discuss progress of the work, project challenges, schedule updates, proposed recommendations, etc.
Task 1.3 Miscellaneous:
a) Reproductions (to be charged at direct cost + 5%)
b) Shipping (to be charged at direct cost + 5%)
c) Travel Time (Consultant shall estimate the budget for travel time based on the number of meetings,
workshops, and site visits reflected in the scope of work.
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The budget for this task shall not be exceeded, unless
the number of meetings or site visits change with prior approval by the City).
Task 1.4 On-Site Progress Meeting: (allow 40 hours) To discuss progress of the work, project challenges, schedule updates, and to have site visit to get better resolution of the project issues.
Task 2: Site Visit and Review of Documents
Task 2.1 Develop a comprehensive list of information needed from the City, and research and review the City provided record
drawings and other pertinent documents for all project sites.
Task 2.2 Conduct visits at each site listed below (allow three full days), to assess the overall extent of the improvements and meet with water operations staff to obtain information on issues or concerns at each site that would include but is not limited to what is listed for each site under Task 4:
Task 2.3 Additional Site Visit (with previous approval by the City) Task 3: Design Concept/Approach Workshop
Workshop #1 (allow for one 8-hr in person) – subsequent to completion of Task 2, Consultant shall develop the project design concept and approach detailing the proposed scope of improvements at each site, and arrange and conduct an in-person workshop outlining the proposed improvements (incorporate exhibits, renderings, photos, etc.) and preliminary cost estimate at each site, anticipated concerns and challenges, present and discuss potential operations impacts during construction activities. and allow for open discussion and questions on the design concept. Based on the outcome of this workshop, Consultant shall submit the workshop minutes outlining the final itemized list of improvements at each site for the City’s concurrence.
Task 4: 50% Design Plans, Specifications, and Cost Estimate (PS&E) In conjunction with results obtained from completion of Task 3, Consultant shall perform the followings tasks, design improvement, and prepare and submit (PDF for City review) the contract documents (PS&E) at 50% completion stage:
A) Kelley Reservoir & Pump Station
a. Installation of canopy for the generator, hydro tank, and pumps
b. Improvements to address onsite/offsite drainage
deficiencies.
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c. Capacity review of tank overflow system and site drainage discharge facilities for improvements to accommodate
overflow due to SCADA failure to stop pumping.
d. Driveway improvements from Whitegate Drive to tank pad. e. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
f. Topographic/utility base maps*
B) Freeway Reservoir
a. Design improvements to existing drainage facilities and tank overflow piping
b. Design to contain overflow onsite
c. Replacement of a section of the perimeter fence
d. Topographic/utility base maps*
C) Lone Oak Pump Station
a. Design to replace existing roof with bigger maintenance access
b. Installation of LED lighting and new Double Door
c. Design of new emergency generator and required
improvements for its complete installation, enclosure,
connection, SCADA integration, and operation.
d. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
e. Topographic/utility base maps*
D) Erbes Pump Station
a. Installation of canopy for the surge tank and pumps
b. Roof replacement
c. Protection of Pump Station from Oak Tree falling
d. Design of new emergency generator and required
improvements for its complete installation, connection, SCADA integration, and operation.
e. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
f. Topographic/utility base maps*
E) Meadows Reservoir
a. Install canopy for Chlorine Analyzer
b. Installation of vault safety railing
c. Installation of a new vault access gate preferably sliding gate F) Wilder Reservoir & Pump Station
a. Installation of a vault cover
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b. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
G) Lang Ranch Reservoir & Pump Station
a. Installation of canopy for the surge tank and pumps
b. Design drainage improvements to prevent flow getting under the tank, expose tank pad weep holes and new drainage
c. Installation of retaining wall
d. Replacement of a section of the perimeter fence
e. Upgrade entry gate
f. Expansion to the existing Pump Station to house water quality boosting sked.
g. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
h. Topographic/utility base maps*
H) Sunset #3 Reservoir & Hydro Pump Station
a. Installation of canopy for hydro tank and generator
b. Pump Station roof improvements
c. V-ditch drainage repair (behind Sunset #3)
d. Topographic/utility base maps*
I) Sunset #2 Reservoir & Pump Station
a. Installation of canopy for pumps
b. Pump pad extension
c. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
J) Sunset #1 Pump Station
a. Improvements for proper and full operation of the existing surge tank.
b. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
K) Oakbrook Reservoir
a. Canopy for Chlorine Analyzer PLC.
b. Replacement of a section of the perimeter fence.
L) Arboles Pump Station
a. Roof Improvements
b. Improvements for proper and full operation of the existing surge tank.
c. Drainage improvements
d. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
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e. Topographic/utility base maps*
M) Ventu Park Pump Station
a. Replacement of a section of the perimeter fence
b. Improvements to the existing gate
c. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
N) Pederson Reservoir & Pump Station
a. Gate and Driveway Improvements (wider)
b. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
O) Willow Reservoir & Pump Station
a. Roof Improvements
b. Pump Station fire hardening Improvements to protect the facilities in case of wildfires.
* Consultant shall prepare topographic/utility base maps using aerial photos (GIS) and acquired field data and measurements at a scale of 1"=20' to be used as applicable for design and construction plans. Property boundaries shall be retraced along the proposed improvements and shown on the maps based upon field located monuments field measurements, and record information. The Scope of this Sub-Task varies for each site depending on applicable improvements.
Task 5: City Review Comments (50% PS&E) Workshop
Workshop #2 (allow for 4-hr workshop) - Consultant shall arrange and conduct an in-person workshop with City staff to discuss review comments on 50% PS&E.
Task 6: 90% Design Plans, Specifications, and Cost Estimate (PS&E) Consultant shall incorporate the outcome of Workshop #2 and City review comments into project contract documents and prepare and submit the 90% PS&E for City review (PDF). Consultant shall be responsible for preparing the technical section, bid schedule, and measurement and payment section of the project specifications. The specifications shall be in the City approved format (City will provide samples).
Task 7: Final Draft PS&E)
Incorporate all comments from Task 6 and prepare and submit final draft (100%) for one final check by City staff.
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Task 8: Final PS&E
Incorporate comments from Task 7 and prepare and submit the final PS&E ready to be advertised for bids (one signed and stamped full size set on bond paper for City’s signature + PDF).
Task 8.1 Group improvements into four separate sets of Construction plans (as directed by the City).
Task 8.2 Group improvements into four separate sets of Final Specifications ad Cost Estimates ( as directed by the City).
Tasks 81. and 8.2 shall provide for bidding the project for four separate construction contracts.
Task 9: Optional/Additional Scope
Task 9.1 Additional SCADA Integration at site (TBD by the City).
Task 9.2 Permitting (as required and directed by the City).
Task 9.3 Additional Design for added Misc. improvements at City’s Request.
Task 10: Services During Bid Process
Consultant shall provide engineering support services during the bid phase for 4 projects:
Task 10.1 Attend Pre-Bid Meeting
Consultant shall attend and conduct a mandatory pre-bid meeting (allow 4 hours – in person) prior to the bid opening. Consultant shall present an overview of the project to get the bidders familiar with the project scope and requirements, and to answer any questions they may have. Visiting the sites that Consultant may believe would have an impact on the bids, shall be included and scheduled as part of the pre-bid meeting. Consultant shall prepare meeting notes and log questions from bidders and prepare an addendum for City signature to incorporate all responses to perspective bidders.
Task 10.2 Respond to Requests for Information (RFI’s)
Consultant shall prepare response to up to ten (10) official Request for Information / Clarifications (RFI/RFC) submitted by the bidding contractors to interpret and clarify bidding documents and provide understanding of the project scope. Response to all RFI’s shall be by issuing addenda (see Task 9.3)
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Task 10.3 Provide Addenda as necessary (up to 4)
Consultant shall make corrections, clarifications, modifications, and additions to the construction contract documents (after advertised for bids), address the pre-bid meeting questions, and respond to RFI/RFCs through issuance of up to four Addenda.
Task 10.4 Bids Review & Analysis
Review lowest bid received for accuracy, bidder’s qualifications, and responsiveness, and call bidders’ references for their experience.
•Meeting Agendas (Electronic MS Word and PDF)
•Meeting Notes (Electronic MS Word and PDF)
STANDARDS OF WORK
Standards of work include, but are not limited to, the following:
1. All analyses and recommendations shall be based on the latest applicable codes and engineering calculations to properly size the required systems for the facilities involved.
2. All drawings shall be delivered in AutoCAD dwg format with a layering standard capable of being translated to the City’s CAD and drafting standards using AutoCAD’s CAD standards translator. Specifications shall be provided in Microsoft Word.doc document format for inclusion with the City’s documents, without the need for document format changes.
3. All dimensions shall be in English Units.
PROJECT SCHEDULE
Consultant shall prepare and update a project schedule with tasks and milestones represented in Microsoft Project or Excel. Consultant shall break down the schedule by logical tasks consistent with the scope of work and with enough detail to track project progress. Both a baseline schedule and tracking updates are required. The schedule must reflect realistic estimates of review periods by the City staff for tasks, such as reports, plans, and coordination.
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ADMINISTRATION
Consultant shall submit a consolidated monthly invoice in a format acceptable to the City and broken down in a manner consistent with the Work Plan (see below). Consultant shall include with the monthly invoice a progress report that reflects the work completed within the invoice period.
1.Consultant shall provide the City with copies of written correspondence between Consultant and third parties pertaining specifically to the Project.
2.Consultant shall maintain the project files in accordance with the Work Plan.
3.Consultant shall prepare supporting documents as required.
FORMAL SUBMISSION
Contract documents furnished under this Scope of Work shall be of a quality acceptable to the City. Deliverables must: be of neat appearance, organized and technically and grammatically correct, reflect the incorporation of the City, and other agency review comments, and be checked to meet all of the contract requirements. Final documents shall be submitted to the City in electronic files, upon completion or as otherwise directed by the City.
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EXHIBIT B
AECOM
FEE SCHEDULE FOR PROFESSIONAL SERVICES
Effective January 1, 2023
Engineers, Planners, Architects, Scientists:
Technician $ 92.00 per hour
Engineer l/Specialist l $ 105.00 per hour
Engineer II/Specialist ll $ 137.00 per hour
Engineer lll/Specialist lll $ 161.00 per hour
Engineer IV $ 180.00 per hour
Engineer V $ 205.00 per hour
Engineer VI $ 245.00 per hour
Engineer VII $ 267.00 per hour
Engineer VIII $ 289.00 per hour
Project Manager I $ 207.00 per hour
Project Manager II $ 210.00 per hour
Project Manager III $ 261.00 per hour
Project Manager IV $ 290.00 per hour
Principal $ 298.00 per hour
Construction Administration Personnel:
Resident Project Representative $ 149.00 per hour
Senior 1 Resident Project Representative $ 162.00 per hour Senior 2 Resident Engineer $ 180.00 per hour
Resident Engineer $ 211.00 per hour
Construction Services Manager $ 278.00 per hour
Technical Support Staff:
Clerical/General Office $ 92.00 per hour
Administrative Specialist $ 110.00 per hour
Drafter/CADD Technician $ 93.00 per hour
Assistant CADD Operator $ 115.00 per hour
Designer/CADD Operator $ 130.00 per hour
Senior Designer/Design CADD Operator $ 154.00 per hour
Design/CADD Supervisor $ 170.00 per hour
Direct Project Expenses
Other Reproduction (8 1/2 x11 / 11x17 Color) $1.15 / 1.50 per page Plan Sheet Printing - In House Bond/Vellum/Mylar $3.00/4.00/7.00 per sheet Subcontracted Services/Reproduction Cost + 15% Subcontracted or Subconsultant Services Cost + 15% Auto Mileage for Construction Phase Services IRS rate per mile Travel & Subsistence (other than mileage) Cost
Miscellaneous Materials Cost + 15%
Fee schedule is subject to change annually.
Fee Schedule is subject to change annually, upon mutual agreement. Rates for additional classifications not identified above will be submitted to the client for approval prior to work on task order.
If authorized by the Client, an overtime premium multiplier of 1.5 may be applied to the billing rate of hourly personnel who work overtime to meet a deadline which cannot be met during normal business hours.