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HomeMy WebLinkAboutAGMT - PSOMAS (Design PSA for Marin Avenue Storm Drain) • DESIGN PROFESSIONAL SERVICES AGREEMENT FOR MARINA AVENUE STORM DRAIN IMPROVEMENTS PROJECT NO SD1201 between \ 0 P RATF�F'q�% i*; ;* $o ?Q. 19 y��o Q.,:Qi if'\;O1/NTV CPS- Successor Agency to the Seal Beach Redevelopment Agency 211 - 8th Street Seal Beach, CA 90740 PSOMAS 3 Hutton Centre Drive, Suite 200 Santa Ana, CA 92707 P — 714-751-7373 This Professional Services Agreement ("the Agreement") is made as of December 10, 2012 (the "Effective Date"), by and between PSOMAS ("Consultant"), a Corporation, and the Successor Agency to the Seal Beach Redevelopment Agency ("Agency") (collectively, "the Parties"). 1 of 12 RECITALS A. The California Department of Finance has approved and determined that the funding for the Agency's Marina Drive Storm Drain Improvements Project No. SD 1201 ("Project") is an enforceable obligation of the Agency. B. Because of its location within the Coastal Zone, the Project requires either a Coastal Development Permit from the California Coastal Commission or a waiver of that requirement from the Commission. On September 26, 2012, the California Coastal Commission issued a waiver of the Coastal Development Permit requirement. C. Consultant has previously performed storm drain design services in connection with the Project. Agency desires additional design work and construction support services in the manner more fully described in Section 1. D. Consultant represents that the principal members of its firm are qualified professional engineers and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. E. On December10, 2012, the Oversight Board for the Agency has reviewed and approved this Agreement. This agreement will not become effective unless and until the approval of the Oversight Board is deemed effective under AB X1 26 and AB 1484. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant has provided those services ("Design Services") set forth in the attached Exhibit A. Consultant shall provide those additional design services and construction management services ("Additional Services") set forth in the attached Exhibit B. 1.2. Consultant shall perform all services under this Agreement on a timely, regular basis and in a manner reasonably satisfactory to the Agency. 1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, State, and local law. 1.4. As a material inducement to Agency to enter into this Agreement, Consultant hereby represents that it has the experience necessary to undertake the services to be provided. In light of such status and experience, Consultant hereby 2 of 12 covenants that it shall follow the customary professional standards in performing all services. 1.5. By executing this Agreement, Consultant represents that, to the extent required by the standard of practice, Consultant (a) has investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. 2.0 Term The term of this Agreement shall commence as of the Effective Date and shall continue for 200 days unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation Consultant has received $153,065 for the Design Services performed. Agency will pay Consultant in accordance with the fee schedule set forth in Exhibit C for the Additional Services but in no event will the Agency pay more than $46,935 for such Additional Services. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the Agency authorizes such work in advance and in writing. The Agency's Executive Director may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior Agency Board authorization. Any additional work authorized by the Agency pursuant to this Section will be compensated in accordance with the schedule set forth in Exhibit C. 4.0 Method of Payment 4.1. Consultant shall submit to Agency monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. Agency will pay Consultant within 30 days of receiving Consultant's invoice. Agency will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. Upon receipt of 24 hours' notice from Agency, Consultant shall allow Agency or Agency's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. Agency's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 3 of 12 5.0 Termination 5.1. This Agreement may be terminated by Agency, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than thirty 30 days prior to the date of termination. 5.2. This Agreement may be terminated by Agency upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The Agency's Executive Director is the Agency's representative for purposes of this Agreement. 6.2. Anissa Voyiatzes, P.E. is the Consultant's representative for purposes of this Agreement. It is expressly understood that the experience, knowledge, capability, and reputation of Anissa Voyiatzes were a substantial inducement for Agency to enter into this Agreement. Therefore, Anissa Voyiatzes shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. Consultant may not change its representative without the prior written approval of Agency, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To Agency: Successor Agency to the Seal Beach Redevelopment Agency 211 - 8th Street Seal Beach, California 90740 Attn: Executive Director To Consultant: PSOMAS 3 Hutton Centre Drive, Suite 200 Santa Ana, CA 92707 Attn: Anissa Voyiatzes 4 of 12 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the Agency or the City of Seal Beach. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details of performing the services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. 8.2. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of Agency and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.3. Consultant shall indemnify and hold harmless the Agency, the City of Seal Beach, and their officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of Agency or City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. Agency shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Agency from Consultant as a result of Consultant's failure to promptly pay to Agency any reimbursement or indemnification arising under this Section 8. 9.0 Confidentiality Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by Agency. Agency shall grant such authorization if applicable law requires disclosure. All Agency data shall be returned to Agency upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 5 of 12 10.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of Agency. Consultant is fully responsible to Agency for the performance of any and all subcontractors. 11.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of Agency. Any purported assignment without such consent shall be void and without effect. 12.0 Insurance 12.1. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subcontractors. 12.2. Minimum Scope of Insurance. Unless otherwise approved by Agency, coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Professional Liability insurance. Consultant shall provide to Agency the standard form issued by the carrier. 12.3. Minimum Limits of Insurance. Consultant shall maintain limits no less than: General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 6 of 12 Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. Professional Liability: $1,000,000 per claim/aggregate. 12.4. Deductibles and Self-Insured Retentions. Consultant shall inform Agency of any deductibles or self-insured retentions except with respect to professional liability insurance. 12.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 12.5.1. Agency, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to Agency, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of Agency officials which are not also limitations applicable to the named insured. 12.5.2. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects Agency, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of Agency officials. Any insurance or self-insurance maintained by Agency, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of Agency officials shall be excess of Consultant's insurance and shall not contribute with it. 12.5.3. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 12.5.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days' prior written notice by first class mail has been given to Agency, or 10 days' prior written notice by express overnight mail if cancellation is due to nonpayment of premiums. 12.5.5 Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against Agency and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of Agency officials. 7 of 12 12.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:Vlll unless waived in writing by Agency's Risk Manager. 12.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by Agency. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by Agency before services commence. As an alternative to Agency forms, Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 13.0 Indemnification, Hold Harmless, and Duty to Defend 13.1 Indemnity for Design Professional Services. In connection with its design professional services, Consultant shall hold harmless and indemnify Agency, the City of Seal Beach, and their officials, officers, employees, servants, designated volunteers, and those agents serving as independent contractors in the role of Agency or City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. 13.2 Other Indemnitees. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Subsection 13.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the Agency, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of Agency's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant's duty to defend pursuant to this Subsection 13.2 shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees. 14.0 Conflict of Interest 8 of 12 14.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services, or which would conflict in any manner with the performance of the services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by Agency on any matter in connection with which Consultant has been retained. 14.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, Agency shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 14.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of Agency has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to Agency, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Subsection. 15.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 16.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the services. 9 of 12 17.0 Entire Agreement This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 18.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 19.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 20.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 21.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. In no event shall the making by Agency of any payment to Consultant constitute or be construed as a waiver by Agency of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by Agency shall in no way impair or prejudice any right or remedy available to Agency with regard to such breach or default. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 22.0 Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, Agency has the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service with Agency, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 10 of 12 23.0 Attorneys' Fees If a Party commences any legal, administrative or other action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the losing Party all of its attorneys' fees and other costs incurred in connection therewith. 24.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 25.0 Corporate Authority The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by their execution, the Parties are formally bound to the provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 11 of 12 SUCCESSOR AGENCY TO THE SEAL CONSU T BEACH REDEVELOPMENT AGENCY By: ` c By: at _ , ttila R. Ingram, Ex: A.N e Name: 'ssA\ et:-® Director Its: VIA esi Discir Attest: BY: g BY: /Al k)J/)uJ Name: /-EAev.ty R. a044, inda Devine, Agency Secretary Its: ✓ice- Pen/ Approved as to Form: By: 41.1( u /�1 ( �� i Quinn M. Barrow, Agency Counsel Error! Unknown document property name. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .v,���uT nu_sr;�i!ns�ns,.»e..:<:+>�>n:,r�,!a,���•Au_sib.�r_:v.�s�a,.�:PavaY�i!�?✓�c�.u_�<m>�n>,.�<a<���,_�C»r_n,_n State of California County of © t. /', 1y/] /� On / - 10491/;' before me, /Pf,t4 eat A &V w, /IOT 7t1(8' L L Date HeI a,Insert Name and Title of the Oft er personally appeared FrYI)5SPr VCV-1114I .s 4 Jkgve y g•4,54-5 N e(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(,•is/gLe-subscribed to the within instrument and acknowledged to me that he/she/111Cy executed the same in his/her/t authorized capacity(g, and that by his/her/their signaturefg) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. on A.1 <' !'!.s'- CoiummWss bn •1891384 I certify under PENALTY OF PERJURY under the laws Public-cunarra � _ of the State of California that the foregoing paragraph is C0111111._ �r R� Oran Cow u J1 .2811` true and correct. 25 WITNESS my hand and official seal. Signature ia s C=" -v '•••kei.ia....' Place Notary Seal Above Signature of Hater Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Design Professional Services Agreement Document Date: 12/10/12 Number of Pages: 12 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Anissa Voyiatzes Signer's Name: Harvey R. Gobas ❑ ❑ I 'Idual C✓Corporate Officer—Title(s): �lia-%��feS-4.,1k C✓Corporate Officer—Title(s): tGl/ \r(Cj% taefir ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—O Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: ner Is Representing: 5,0 rnAS /-5 ©2007 National Notary Association•9350 De Soto Ave. PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-8006766827 �R rt e PS <O M A. S' Balancing the Natural and Built Environment November 30, 2012 David Spitz, P.E. Project Manager CITY OF SEAL BEACH 211 8th Street Seal Beach, CA 90740 Subject: Proposal for the City of Seal Beach Marina Drive Storm Drain Improvements CIP No. SD 1201 BID PHASE/CONSTRUCTION SUPPORT SERVICES Dear Mr. Spitz: It was great to finally complete the Construction Documents for this important project for the City of Seal Beach. At the end of October, the signed mylars were hand delivered to you so that the bidding phase of this project can begin. Throughout the Construction Document/Design phase of this project,we have proceeded with completion of the work without any change order requests. We wanted to let you know some of the key tasks that we completed in order to complete the Construction Documents. Since the Coastal Comission approval process went much smoother when compared to other projects, we used that excess budget to complete the following out of scope work: • Topographic Surveying of the intersection of 5.111 Street and Marina Drive (outside of original alignment but used for final alignment). • Geotechnical borings, material testing, and letter report for Box Culvert bedding requirements/depth to groundwater. • Plan and profiles drawings for the proposed Box Culvert were designed in the original "straight" alignment and then realigned/modified to turn down 5rh Street and then continue up Marina Drive. • Additional potholing of utilities was performed to determine exact location of utilities crossing the 5Th Street/Marina Drive realignment. • The construction documents were scaled back to meet available funds that the City will receive; this was what we considered as a "Phase One" of this project. 3 Hutton Centre Drive Suite 200 Santa Ana,CA 92707 Tel 714.751.7373 Fax 714.545.8883 M\2SEAn301nn\ADMIN\ConlraclsWOdilional Services■121130 Marina Drive Add Service 1-Construction Assistance .tMadditions doe "2-0SOroae.cDrn { PSOMAS • • t = • Due to the large width of the double box culvert configuration and the large angles needed for the box culvert alignment, the junction structures were larger than the typical one available from the Standard Plans for Public Works Construction. A structural engineering subconsultant was brought on board to design the structures to meet roadway loading conditions. • Extensive utility coordination with Southern California Edision, Southern California Gas Company, and Verizon Communications in order to have their facilities designed for relocation to avoid the Box Culvert construction (still currently underway). Again, we are pleased to complete this project for you and just wanted to note some of the challenges that we faced through completion of the Construction Documents. In accordance with the City's Request, we are providing this submittal of our fee proposal for construction assistance services and preparation of a Project Water Quality Management Plan (WQMP). The proposal is based on discussions with the City, an estimated two month bidding phase (November— December) and a five month construction phase(January— May), and the scope of work/tasks contained in Exhibit A dated November 29, 2012. The total project fee for the Additional Services is estimated to be 546,935 which would assume weekly construction meetings for the first three months of the project followed by bi-weekly meetings thereafter, for the bidding phase work including one bid addendum, and for the Utility Coordination work that is still currently underway and may not be completed until during the construction phase. All fees quoted are time and materials not to exceed as needed unless noted otherwise. This fee includes the cost of our outside direct costs such as printing of documents, mileage, and preparation of record drawing/final mylars. Our fee proposal should be considered a negotiable offer to perform the services as presented in our proposal. This fee proposal will be valid for 90 calendar days. Should you have any questions regarding this proposal, please do not hesitate to contact me at(714) 481-7902 or joe.mulvihill@psomas.com Sincerely, PSOMAS B. •i✓C Joseph Mulvihill, P.E. Senior Project Manager 2 of 4 PSO M A` S a EXHIBIT A TASKS TO BE PERFORMED Marina Drive Storm Drain Improvements CIP No. SD1201 SCOPE OF WORK—CONSTRUCTION SUPPORT SERVICES November 30, 2012 Project Overview In conjunction with our current contract for the Marina Drive Storm Drain Improvements Project, the City desires to use additional engineering consulting services during the bidding phase and construction phase of this project. The work is described in detail below. Current Under Contract Design services for the Marina Drive Storm Drain Improvements from Corsair Way to 5th Street along Electric Avenue. Proposed Scope of Work A. Prepare a Project Specific Water Quality Management Plan (WQMP) for the Marina Drive Storm Drain Improvement Project. Description of Work Psomas will prepare a WQMP including the following: o Project Description o Determine Potential Stormwater Pollutants, Hydrologic Conditions or Concerns, and Post Development Conditions o Site Description including watershed review and Location Map and Plot Plan o Best Management Practices o Long term Responsibilities for Inspection and Maintenance o Site Plan and Drainage Plan o Educational Materials 3 of 4 B. Provide Engineering Support services during the bidding and construction phases of the Marina Drive Storm Drain Improvement Project. Description of Work Psomas will provide construction support for the following tasks: I. Attend Pre-Bid Meeting/Field walk, if City decides to include as part of the bid process. 2. Assist City Staff in the bid process by remaining "on-call" to answer questions from prospective bidders. Prepare answers to bid questions and bid addendum (one), if necessary. 3. Assist City staff with Bid Analysis, if requested. 4. Attend the Pre-Construction Meeting, if requested by the City. 5. Review and respond to materials submitted, shop drawings and requests for information. 6. On-going coordination and project management including coordinating completed and proposed utility work, attending progress meetings, and other requested meetings. 7. Site observations and field meetings with Contractor for plan clarification and questions (Structural engineer— 8 hours allocated for review/site visit). 8. Prepare and assist with Change Orders, as necessary, due to utility relocations. 9. Prepare record drawings ('As-Builts") of any and all changes recorded during construction by the Contractor. 4of4