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AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
16th Street Pump Station Design
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this i,3- +w
day of October, 1996, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as "City ") and Carollo Engineers, a Partnership
(hereinafter referred to as "Consultant') is made with reference to the following:
RECITALS:
A. On November 13, 1995, a Professional Services Agreement was entered
into by and between City and Consultant, hereinafter referred to as "Agreement'.
B. City and Consultant mutually desire to amend the Agreement to provide
for additional services not required in the Agreement and an increase in compensation.
NOW THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to Consultant to cover
engineering design services performed during the term of the Agreement is $113,531.
The fee shall be increased by $50,600, to cover the cost of additional services
described in this AMENDMENT NO. 1. The revised maximum fee is $164,131.
2. The term of this Agreement, is not to extend beyond January 31, 1997.
3. The standard hourly rates established for Agreement shall continue in
effect and shall be unchanged through January 31, 1997.
4. Consultant agrees to provide the following additional services:
a. Continued meetings with City staff as necessary during
construction of the City initiated Pump Station re- design.
b. Design and construction services as requested by the City,
including cathodic protection, control systems and requests for
information and /or clarifications from the contractor for completion
of the Pump Station.
Amendment No. 1
Professional Services Agreement
Carollo Engineers
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written.
APPROVPD,tNS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harklessz
City Clerk �r
inn
r ry
W
2
City of Newport Beach,
a municipal corporation
U),—j
John Hedges, Mayor
"City"
Carollo Engineers,
a Partnership
G. William Knopf, Partner
"Consultant"
Allen C. Todd, P—artner
"Consultant"
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: September 27, 1994
(714) 644 -3005
9- y7- 99�
SUBJECT: Contract No. C- 2968(A)
Description of Contract Professional Services Agreement for
Design & Field Monitoring & Geotechnical Work for Groundwater
Development Project
Effective date of Contract August 23 1994
Authorized by Minute Action, approved on August 22, 1994
Contract with John Carollo Engineers
Address 3100 South Harbor Blvd., Suite 200
Santa Ana, CA
Amount of Contract (See Agreement)
Wanda E. Raggio P
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
AUG 2 Z 1994
TO: Mayor & Members of the City Council
FROM: Utilities Department
August 22nd, 1994
CITY COUNCIL AGENDA
ITEM NO. 1b
SUBJECT: AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR
DESIGN & FIELD MONITORING & GEOTECHNICAL WORK AT THE
16TH STREET SITE FOR THE GROUNDWATER DEVELOPMENT PROJECT
Authorize the Mayor and City Clerk to execute Amendments to the
previously approved Professional Services Agreements on behalf of the
City, with the firms:
1. Converse Consultants Orange County [C- 3004 -A]
2. DMc Engineering, Inc. [C- 3004 -D]
✓ 3. John Carollo Engineers [C -29681
4. Daniel Boyle Engineering, Inc. [C- 2961 -A1
BACKGROUND:
The City of Newport Beach has previously approved several
professional services agreements with the consulting engineering and geotechnical
firms listed above, to design facilities and monitor construction activities for the
various parts of the Groundwater Development Project at the 16th Street Utilities
Yard and Reservoir Site.
During the initial grading of the reservoir site, the geotechnical firm
discovered a fault that crossed the project site. This discovery required the City to
perform a number of additional geotechnical and geological field investigations to
better determine the location, nature and extent of the fault feature. In order for
the City to complete the geotechnical reports and finalize the soils engineering for
the designs of the proposed underground concrete reservoir and the pump station,
an amended agreement is necessary with the geotechnical engineering firm. The
geotechnical and geological work is underway, but cannot be completed without
an amended agreement. These services are being provided by Converse
Consultants Orange County under contract C- 3004 -A.
Discovery of the fault also required the City to prepare revised plans
and specifications for completion of the Interim Mass Grading & Storm Drain
Relocation Project (Contract No. 2979). The change order for the contractor to
perform additional grading to allow relocation of the proposed reservoir was
approved by the City Council at the meeting on July 25th, 1994.
(3 -9J
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August 22, 1994 - Page 2
Amendments to Professional Services Agreements
Groundwater Development Project
The design consultant, DMc Engineering, was directed to complete
the plan revisions for the Interim Mass Grading Project under their open -
ended, professional services contract, C- 3004 -D. An amended agreement with
them is necessary for the City to provide field surveying and staking for the
contractor and to complete the interim and ultimate site improvement grading
plans that are appurtenant to the reservoir design (in its revised location) and
appurtenant to the City's revised concept to combine the reservoir and pump
station construction into one construction contract.
The City has opted to relocate the proposed reservoir easterly of the
fault feature to avoid possible ground disturbance and related structural
problems. This change in location has resulted in the need to have the
reservoir and pump station design consultants perform a number of additional
design reviews and modifications.
The reservoir design consultant, Daniel Boyle Engineering, Inc.,
was required to re- evaluate the seismic and structural design parameters to
insure that the proposed structure was adequately designed to withstand the
forces of the theoretical "maximum probable earthquake" on the Newport-
Inglewood Fault and on the newly discovered fault feature. Moving the
reservoir also requires redesign and additional drafting of the reservoir
underdrain system, inlet piping, outlet piping and numerous structural details
related to the roof access and overflow hatches.
The pump station design consultant, John Carollo Engineers, has
also performed a series of additional design reviews and structural
calculations related to the seismic design of the pump station building and the
geotechnical aspects of the pump station and its piping. The pump station
design consultant has been asked to include a chlorine gas scrubbing system
as a safety precaution along with the water disinfection systems they were
originally asked to design. Additionally, the consultant has been asked to
prepare plans for a fire alarm and sprinkler system that was not part of the
original scope of work.
Another change necessitated by moving the reservoir closer to the
pump station, was to combine the two components (reservoir and pump station)
into one construction contract. This change was necessary to prevent
unavoidable logistical conflicts that would have occurred between more than one
contractor working on different project components within the smaller site. The
process of contractor pre - qualification and the combined reservoir and pump
station design was approved by the Council at the meeting on July 11th, 1994.
All four (4) firms are currently working on the Groundwater
Development Project under agreements previously approved by the City
Council. Agreements with the geotechnical consultant, Converse Consultants
and the civil engineering and surveying firm, DMc Engineering were approved
by the City Council April 25th, 1994. The agreement with the reservoir design
engineer, Daniel Boyle Engineering, Inc., was approved by the City Council on
October 25th, 1993. The agreement with the pump station design consultant,
John Carollo Engineers was approved November 22nd, 1993.
0 •
August 22, 1994 - Page 3
Amendments to Professional Services Agreements
Groundwater Development Project
The work on the reservoir and pump station at the Utilities Yard
are "critical path" schedule items (that is, if these project components are
delayed; then the entire project will be delayed by the same duration) .
The proposed services will be performed under the original
Professional Services Agreements and the attached Agreement Amendments,
outlining the additional work required of each consulting engineering firm.
Funds for these capital project related services are available in
the Water Fund under Capital Projects accounts numbered 7503 - 98500016,
7503- 98500018, 7503 - 98500212 and 7503 - 98500218.
The revised design contract requirements and issues relating to
combining the reservoir and pump station into one construction contract
were discussed and previously considered by the City Council at the Utilities
Committee meeting on May 181h, 1994, and June 6th, 1994, and in closed
session at the Council meeting on April 25th, 1994.
If approved, the necessary professional services efforts will be
able to continue without further project delays being incurred. A majority of
these additional services are critical to the timely and successful
implementation of the Groundwater Development Project. Staff recommends
approval of these professional services agreement amendments to insure the
project components are designed to reflect the required changes and
additions and that they are done with a minimum of cost and delay to the
proposed project.
Respectfully submitted,
7RAntE4RT
Jeff Staneart, P.E.
Utilities Director
JS:sdi
Attachments: Professional Services Agreements for Groundwater Development Project
A: Amendment No. I to Agreement with Converse Consultants Orange County
B: Amendment No. 1 to Agreement with DMc Engineering
C: Amendment No. I to Agreement with Daniel Boyle Engineering, Inc.
D: Amendment No. I to Agreement with John Carollo Engineers
9 4
SUMMARY OF AMENDED AGREEMENTS
The proposed services are to be performed under the amended individual
Professional Services Agreements which provide the required services in accord
with the previous Council approved fee schedules and agreements. The
Agreement Amendments for each firm are attached. A summary of the
additional costs and length of design contracts is given below:
1. GROUNDWATER DEVELOPMENT PROJECT - GEOTECFWCAL INVESTIGATION &
FIELD CONSIRUCIION MONITORING
CONSULTANT:
Converse Consultants Orange County
ORIGINAL TERM:
January 1994 to December 1994
ORIGINAL FEE:
Not to exceed $64,000 based on standard hourly rates
SERVICES:
Geotechnical Investigation and Construction Services
REVISED TERM:
Extended to July 1995
ADDITIONAL FEE:
Not to exceed $23,000 based on standard hourly rates
2. GROUNDWATER DEVELOPMENT PROJECT - FIELD SURVEYING, CIVIL ENGINEERING
& PROJECTMANAGEMENT
CONSULTANT:
DMc Engineering
ORIGINAL TERM:
January 1994 to December 1994
ORIGINAL FEE:
Not to exceed $143,000 based on standard hourly rates
SERVICES:
Field Surveying, Civil Engineering & Project Management
REVISED TERM:
Extended to July 1995
ADDITIONAL FEE:
Not to exceed $138,000 based on standard hourly rates
3. GROUNDWATER DEVEIAFMENTPROJECF- CIVIL ENGINEERING, SEISMIC &
SIRUCIURAL DESIGN SERVICES FOR 3.0 MII.UON GALLON RESERVOIR CONSIRUCHON
CONSULTANT:
Daniel Boyle Engineering, Inc.
ORIGINAL TERM:
October 1993 to March 1994
ORIGINAL FEE:
Not to exceed $118,800 based on standard hourly rates
SERVICES:
Civil Engineering, Structural Engineering & Seismic Design
REVISED TERM:
Extended to December 1994
ADDITIONAL FEE:
Not to exceed $32,600 based on standard hourly rates
4. GROUNDWATER DEVELO PMENTPROJECT- CIVIL ENGINEERING, SEISMIC,
SIRUCTURAL & MECHANICAL DESIGN SERVICES FOR 30 CFS PUMP STATION WITH
CHLORINE & AMMONIA DISINFECTION SYSIEM
CONSULTANT:
John Carollo Engineers
ORIGINAL TERM:
November 1993 to August 1994
ORIGINAL FEE:
Not to exceed $143,333 based on standard hourly rates
SERVICES:
Civil, Structural, Seismic, Mechanical & Process Engineering
REVISED TERM:
Extended to December 1994
ADDITIONAL FEE:
Not to exceed $130,585 based on standard hourly rates
0
L
RMENDMENT No.1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN OF
A 30 CFS PUMP STATION
AS A PART OF
THE GROUNDWATER DEVELOPMENT PROJECT
THE UTILITIES YARD EXPANSION - PHASE II
THIS AMENDMENT to the written agreement dated November 23rd, 1993, is
made and entered into this z3a' day of August, 1994, by and between
"CITY", and "CONSULTANT ".
WITHESSETH:
WHEREAS, "CITY', as part of its 'PROJECT" has determined that certain
additional professional services are required that were not originally foreseen, and;
WHEREAS, implementation of the "PROJECT" requires these additional
engineering services from a qualified engineering consultant. (These engineering
services are collectively referred to as "SERVICES'), and;
WHEREAS, "CITY', has solicited and received a proposal from
"CONSULTANT" to perform these additional "SERVICES' and other incidental, but
essential professional services, as outlined herein below, and;
WHEREAS, "CITY', desires to accept the proposal for the additional
"SERVICES" submitted by "CONSULTANT ", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
and understood that:
I. GENERAL
A. 'The original professional services agreement dated November 23rd, 1993,
remains in full force and effect, except as modified by this amendment.
0
0
Il. ADDITIONAL SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following additional professional services
for "CITY ".
A. "CONSULTANT" shall provide the additional necessary services to complete
the defined tasks associated with the design of the "PROJECT ". Those tasks
include the following:
1. Additional Meetings
a. "CONSULTANT" shall attend additional "PROJECT" design and
coordination meetings with the "CITY" and the "CITY's" other design
consultants as may be necessary to address the revised geotechnical,
seismic and site design data.
b. "CONSULTANT" shall keep the City Project Manager apprised of the
progress being made on the "CONSULTANT'S" design activities. Such
appraisal shall be made via telephone, in writing as appropriate and via
the meetings mentioned herein below.
c. "CONSULTANT" shall meet with the City staff for an additional 90%
design review, and for an additional 100% design review relative to the
relocation of the reservoir for the "PROJECT ". Numerous other
meetings may be held on an as- needed basis.
d. "CONSULTANT" shall review and comment on plans and
specifications prepared by reservoir design consultant for consistency
with the combined plans, specifications and bid package.
2. Review Additional Data
a. "CONSULTANT" shall, in an effort to relay relevant information to their
staff, review the pertinent background data obtained at the additional
meetings with City staff and /or as provided by "CITY" during the
course of the "PROJECT ".
b. "CONSULTANT" is entitled to rely on materials provided by or
through City without independent evaluation by "CONSULTANT ".
3. Additional Engineering
a. "CONSULTANT" shall review the additional information provided by
the City's consulting geologist and geotechnical engineer and shall
evaluate the information deemed pertinent to the "PROJECT" and the
structural design of the proposed pump station, piping and related
buildings and equipment.
b. "CONSULTANT" shall review the additional information provided
by the City's other consulting civil engineers related to the site
configurations and grading and shall evaluate the information
deemed pertinent to the "PROJECT" and the various design aspects
of the proposed pump station.
c. "CONSULTANT" shall review the additional information provided
by the City's other consulting civil engineers related to the site
configurations and shall revise the piping and facilities appurtenant
to the proposed pump station and the "PROJECT" and the various
design aspects of the site improvements, other underground utilities,
the proposed reservoir, and the proposed pump station.
d. "CONSULTANT" shall perform the necessary design tasks to include
a chlorine scrubbing system in the pump station along with the water
disinfection systems originally scoped.
e. "CONSULTANT" shall perform the necessary tasks to add the
building extension to the easterly end of the pump station and
treatment building.
f. "CONSULTANT" shall perform the necessary tasks to design and
add a fire protection, alarm and sprinkler system to the pump
station building as required by the "CITY'S" Fire Department and
Building Department.
4. Additional Plan Preparation
a. "CONSULTANT" shall complete the required drawings and plans for
the "PROJECT" as necessary to include the chlorine gas scrubbing
facilities, the building extension, and revisions related to the revised
location of the reservoir and other proposed site improvements.
b. "CONSULTANT" shall complete the additional required drawings and
revise the plans previously completed for the "PROJECT" as necessary
for relocation of the reservoir and the revised site grading configuration
and as necessary to combine the reservoir and pump station
components into one package.
c. "CONSULTANT" shall perform those additional services necessary
for combining the plans for the proposed reservoir with the plans
from Daniel Boyle Engineering, Inc., related to the design and
construction of the proposed reservoir.
0
5. Additional Specification Preparation
a. "CONSULTANT" shall perform those additional services necessary
for constructing the chlorine and ammonia disinfection system, the
chlorine gas scrubbing system, the proposed building extension and
inclusion of an alarm and fire protection sprinkler system and for
combining the plans and specifications for the proposed pump station
with the plans and specifications from Daniel Boyle Engineering, Inc.,
related to the design and construction of the proposed reservoir.
b. "CONSULTANT" shall complete preparation of the required additional
detailed written technical specifications and furnish them to the "CITY"
for incorporation into a single bid package being prepared by the
"CITY's" reservoir design consultant.
c. "CONSULTANT" shall complete preparation of special provisions for
site construction and bind them for "PROJECT ".
6. Cost Estimate & Schedule
a. "CONSULTANT" shall prepare a detailed written cost estimate and
construction schedule which shall include the ammonia disinfection
facilities, a building extension, and design and construction revisions
that are related to the revised reservoir location and other site and
grading improvements for "PROJECT ". Estimate shall be transmitted to
"CITY" with a written memorandum of transmittal and explanation.
(1.) Any opinion of construction cost prepared by "CONSULTANT"
represents his judgment as a design professional and is supplied for
the general guidance of the "CITY ". Since "CONSULTANT" has no
control over the cost of the labor and material, or over competitive
bidding or market conditions, "CONSULTANT" need not
guarantee the accuracy of such opinion as compared to Contractor
bids or actual cost to the "CITY ".
III. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified additional services, "CITY" hereby agrees
to compensate "CONSULTANT" on an hourly basis as set forth under
Section VIII, titled, "PAYMENT & FEE SCHEDULE" of the original
professional services agreement, dated November 23rd, 1993.
B. In no event shall the total amount paid for these additional and supplemental
services be greater than a sum of one hundred thirty thousand five hundred
eighty five dollars ($130,585), except as provided for in the original
professional services agreement and herein below.
•
1. This amount is inclusive of the additional compensation to be paid to
"CONSULTANT" for the additional services to be provided by
"SUBCONSULTANT's"
IV. SUBCONTRACTORS
A. In consideration for the specified additional services, "CITY" hereby agrees
to compensate "CONSULTANT" services to be performed by the previously
designated "SUBCONSULTANT ".
B. Payment for "SUBCONSULTANT's" services shall not be more than ten
thousand two hundred twenty dollars ($10,220.00) and shall be paid to in
accord with the limits of the "not -to- exceed" fee as set forth under Section
VII, titled, " SUBCONTRACTORS & ASSIGNMENT' in the original
professional services agreement, dated November 23rd, 1993.
C. "CONSULTANT" may utilize United Fire Service, Inc. as a sub - consultant to
perform the fire sprinkler design as assist in preparing these plans.
Compensation for these sub - consulting services shall be included in the
maximum fee not- to -be- exceeded, as listed above.
D. No additional compensation shall be made therefor.
V. MORE ADDITIONAL SERVICES
A. No change in character or extent of the work to be performed by
"CONSULTANT" as part of this amendment to the original professional
services agreement, dated November 23*d,1993, shall be made without
prior written approval from "CITY ".
B. All work, with the exception of the construction phase services required to
advertise for construction shall be completed no later than October 10, 1994.
It is mutually agreed by "CONSULTANT' and "CITY" that liquidated
damages of five hundred dollars ($500.00) per calendar day shall be assessed
"CONSULTANT' for delays beyond the specified completion date. These
damages shall be deducted from the "CONSULTANT'S' fee. Provided,
however, that "CONSULTANT" shall not be responsible for damage or delay
in performance caused by events beyond the control of "CONSULTANT ".
C. In consideration for performance of additional and supplemental services
authorized by "CITY" in writing, "CITY" hereby agrees to compensate
"CONSULTANT" an amount based upon the hourly rate as defined in the
"FEE SCHEDULE ".
D. However, except that an additional increase in the total compensation
exceeding thirty thousand dollars ($30,000.00) shall require an amended
Agreement for such additional services between the "CONSULTANT"
and "CITY ".
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement Amendment
on the first date above written:
APPROVED AS TO FORM:
ATTEST:
94
Wanda Raggic,
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
Clarence Tur ,Mayor
John Carollo Engineers
a Partnership
G. William Knopf, Partner
"CONSULTANT"
Allen C. Todd, Partner
"CONSULTANT"
City of Newport Beach John Carollo Engineers
3300 Newport Boulevard, P. O. Box 1768 3100 South Harbor Boulevard, Suite 200
Newport Beach, California 92659 -8915 Santa Ana, California 92704
(714)644 -3011 (714)646 -5204 FAX (714)540 -4300 (714)540 -4349 FAX
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
/Z - / -y3
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: December 1, 1993
SUBJECT: Contract No. C- 2968(A)
Description of Contract Professional Services for Design of a
Pump Station Groundwater Development Proiect - Utilities Yard
Expansion, Phase II
Effective date of Contract November 23, 1993
Authorized by Minute Action, approved on November 22. 1993
Contract with John Carollo Engineers
Address 3100 South Harbor Blvd.. Suite 200
Santa Ana, CA 92704
Amount of Contract (See Agreement)
k" 6 '
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
cry ?;- 1 C!':'
NOV 2 2 1993
TO: Mayor & Members of the City Council
FROM: Utilities Department
0
November 22nd, 1993
(V
C -2-W(A)
CITY COUNCIL AGENDA
ITEM NO. 11
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
14,000 GALLON PER MINUTE CAPACITY WATER PUMPING STATION
PREPARATION OF DETAILED PLANS & SPECIFICATIONS BY
JOHN CAROLLO ENGINEERS
RECOMMENDATION:
If desired, authorize the Mayor and the City Clerk to execute
a Professional Services Agreement on behalf of the City, with
John Carollo Engineers to prepare detailed Plans and
Specifications for construction of a 14,000 gallon per minute
water pumping station for a fee not to exceed $143,333.
BACKGROUND:
The Groundwater Development Project requires construction of
a reservoir and a pumping station at the City's Utilities Yard site on 16f
Street. This reservoir and pump station will receive water from the proposed
wells in Fountain Valley at a rate of approximately 14,000 gallons per
minute and allow its delivery through the City's water distribution system
and into Big Canyon Reservoir.
The project plan requires a water pumping station at the
Utilities Yard to lift water from the 3.0 million gallon reservoir through the
City's pipeline system and into Big Canyon Reservoir on the easterly side of
the City. The pump station will match the capacity of the City's proposed
water wells. This will allow the project to be operated continuously under a
variety of hydraulic demand conditions ranging from high -flow, afternoon,
summer demands to low -flow, nighttime, winter demands.
To initiate this phase of the project, staff implemented a
"qualifications -based selection" (QBS) process for the necessary professional
engineering design services. The QBS process was provided for by the
Federal Government in 1972 under Public Law No. 92 -582. This law, known
as the Brooks Architect- Engineering Act of 1972, specifically addressed the
process of selecting architects and engineers based on qualifications. This
was done recognizing that these services relate directly to project issues
affecting public health and safety, such as buildings, structures and public
water supplies.
Page 2
Groundwater Development Project
Pump Station Design Contract
November 22, 1993
In 1989, the Brooks Act was amended by the Federal Government
under Public Law No. 100 -656. California has enacted legislation to conform to
the revised Federal Law under SB -419, which was also enacted in 1989. This
bill amended the Government Code, Section 4526. As a result, California law
provides for a QBS process for any political subdivision or state or local agency
in California. In effect, this precludes "bidding" for professional engineering
services. Instead, it requires that consultant's be selected on criteria relating to
competence, experience, ability and qualifications. A key excerpt from Section
4526 of the State Government Code reads, "Notwithstanding ......... selection by a
State or local agency for professional services of private architectural, engineering,
land surveying, or construction project managementfirms shall be on the basis of
demonstrated competence and on the professional qualifications necessary for the
satisfactory performance of the services required."
The City of Newport Beach has a procedure for obtaining
professional services. The Public Works and Utilities Departments use
essentially identical procedures to obtain professional engineering services. In
keeping with this procedure, the City solicited "statements of qualifications"
from a number of professional design firms. Based on these "statements of
qualifications" proposals were solicited from seven of the most qualified firms.
This was done by written "requests for proposals" or RFP's. A copy of the
project RFP is attached as Exhibit "B ".
The seven firms that were invited to propose were selected based on
their previously submitted statements of qualifications and experience. All seven
firms submitted responses to the request for proposals. The firms were: Robert
Bein, William Frost & Associates, MacDonald- Stephens Consulting Engineers,
Daniel Boyle Engineering Inc., John Corollo Engineers, AKM Consulting
Engineers, Boyle Engineering Corporation, and ASL Consulting Engineers
The written proposals were reviewed by the Utilities Department
Selection Committee. The committee was comprised of the Utilities Director,
the Deputy Utilities Director, a principal from an independent registered
professional engineer from a private Civil Engineering firm. On the basis of a
detailed ranking of the various firms, the selection committee chose John
Carollo Engineers as the most qualified firm to perform the required
professional services. The numerical ranking of the selection committee and
criteria is attached as Exhibit "C"
A summary discussion of the detailed criteria used to evaluate the
qualifications of the six engineering firms is also provided as an attachment to
this report. Refer to Exhibit "D ". The key areas of review were:
1. Proposal Content
2. Project Understanding
3. Project Experience
4. Project Team
5. Project Management
6. Project Schedule
7. Labor Costs
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Page 3
Groundwater Development Project
Pump Station Design Contract
November 22, 1993
The most highly qualified firm for this project was selected based
on the listed criteria and their abilities demonstrated on other similar projects
in the past. The firm of John Carollo Engineers has a team of exceptionally
qualified, technical professionals and designers who have extensive experience
with similar water treatment and water pump station construction projects in
Southern California and throughout the Southwestern United States. As a
result, the selection committee and staff believe that the consultant's team will
be able to best provide a high quality, cost - effective, timely, professional
design product.
The proposed Professional Services Agreement with the
successful proposing consultant, John Carollo Engineers provides for:
preparation of a preliminary design report; preparation of detailed
specifications; preparation of detailed construction plans; written special
provisions for project construction; and compilation of documents suitable for
bidding and awarding a contract for construction. A copy of the professional
services agreement is attached as Exhibit "A'.
If approved, the final design effort can commence almost
immediately. The critical -path schedule for timely completion of the overall
project requires that the consultant's plans for this phase of the project be
completed by the end of March 1994. This phase of the Groundwater
Development Project must be carefully coordinated with the reservoir design
and other pipeline design components. Construction of the pump station is
proposed to begin following the construction of the 3.0 million gallon reservoir.
The Professional Services Agreement requires completion of the design plans
and specifications by August 151h, 1994.
Funds are available for this design contract in the Water Fund
under Capital Projects Account No. 7503 - 98500218. Staff recommends
approval.
Respectfully submitted,
JBPP SPANeART
Jeff Staneart, P.E.
Utilities Director
iS:sdi
Attachments: "A ": Professional Services Agreement
"B ": Request for Proposals
"C ": Proposal Evaluation Matrix
"D ": Proposal Matrix Criteria
• . C- Zydoa(A)
RGREEMENT
PROFESSIONAL SERVICES
FOR THE DESIGN OF
A PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
UTILITIES YARD EXPANSION - PHASE II
THIS AGREEMENT is made and entered into this 23"0 day of
November, 1993, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and John Carollo Engineers, a Partnership, hereinafter
referred to as "CONSULTANT ".
WITHESSETH:
WHEREAS, "CITY ", desires to secure an alternate source of reliable water for its
municipal water system by implementing a Groundwater Development Project to
construct water wells and delivery facilities to deliver potable water to its customers, and;
WHEREAS, "CITY ", as a part of the Groundwater Project, must construct facilities
to collect water and pump it through the water system, and;
WHEREAS, as a part of this project "CITY" must pump the collected well water
from it's 3.0 million gallon reservoir and distribute it to CITY's customers, and;
WHEREAS, "CITY" desires to construct a pumping station with a pump building;
a chlorine and ammonia disinfection facility; a telemetry and monitoring system; and all
appurtenant facilities, which are hereinafter collectively referred to as "PROJECT ", and;
WHEREAS, implementation of the design for said "PROJECT" requires the
services of a qualified civil engineering design consultant, and;
WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT"
for preparation of the "PROJECT" design and to provide certain other essential
professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and has evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
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NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the terms
and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required hereunder shall be performed
under his direct supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to perform
such services. "CONSULTANT" shall not subcontract, transfer or assign any work
except as otherwise provided for herein or as authorized in advance by the "CITY ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed professional services to "CITY ".
A. "CONSULTANT" shall provide the necessary services to complete the defined tasks
associated with the design of the "PROJECT ". Those tasks include the following:
1. Meetings with City staff.
a. "CONSULTANT" shall keep City Project Manager apprised of the progress
being made on the "CONSULTANT'S" design activities. Such appraisal shall
be made via telephone, in writing as appropriate and via the meetings
mentioned herein below.
b. "CONSULTANT" shall meet with the City staff for an orientation meeting,
again for a 50% preliminary design review, again for a 90% design review,
and again for a 100% design review for the "PROJECT ". Other meetings
may be held on an as- needed basis.
c. As a part of "CONSULTANT'S" requirement to coordinate the project,
"CONSULTANT" shall meet with the "CITY" and "CITY's" other consultants
for design of the rough grading; demolition; storm drain relocation;
underground reinforced concrete reservoir; precise grading and additionally
with the "CITY's" Architect for coordination of the Phase II Utilities Yard
Expansion Project. CONSULTANT" shall also meet at the request of "CITY ",
or additionally as may be necessary to coordinate the interrelated aspects of
other Groundwater Development Project phases and components.
2. Review Background Data.
a. "CONSULTANT" shall, in an effort to relay relevant information to their staff,
review the pertinent background data obtained at the meetings with City
staff and /or as provided by "CITY" during the course of the "PROJECT ".
b. "CONSULTANT" is entitled to rely on materials provided by or through
City without independent evaluation by "CONSULTANT ".
3. Preliminary Project Report
a. "CONSULTANT' shall complete a preliminary report design that will include:
description and schematic of the control system, analysis of the pumping
system, including number of pumps and their combined characteristics, an
analysis and schematic of the disinfection system, an analysis of system
hydraulics and layout of all facilities within the pump station.
4. Plans Preparation
a. "CONSULTANT" shall complete the required drawings and plans for
'PROJECT'. A listing of those drawings included in this phase shall include
at least the following:
1. Preparation of a "Title Sheet' with legend, notes, benchmark, basis of
bearings and vicinity map associated with the 'PROJECT'.
2. Preparation of plans as required to detail the installation of the pump
station including the building, pumps, valves, piping, electrical,
telemetry, details and appurtenances in accord with City Standards
associated with the 'PROJECT ".
3. Preparation of 'Plan and Profile Sheets" as required to detail the
influent water main to the proposed underground reinforced concrete
reservoir and the discharge water main to the existing 30 -inch water
main in 16th Street, including details and appurtenances in accord with
City Standards associated with the 'PROJECT'.
b. "CONSULTANT' shall deliver up to fifty (50) complete and approved
by the "CITY' plan sets for construction bidding purposes.
4. Specifications Preparation.
a. "CONSULTANT" shall complete preparation of detailed written
specifications, bid proposal, standard special provisions, special provisions,
compile City standard contract forms, and bind them for 'PROJECT'.
b. "CONSULTANT' shall utilize City Standard Specifications and shall
prepare them in the standard format.
Construction documents are intended to be publicly bid as a complete
package which shall meet the requirements of "CITY' and all applicable
local and State laws.
c. "CONSULTANT' shall deliver up to fifty (50) complete and approved by
the "CITY' specification sets. "Complete set' means bound standard
specifications with special provisions, contract documents, bid proposal,
engineers estimate and reduced construction drawings with a colored
cover page and acetate front and back cover.
5. Cost Estimate & Schedule.
a. "CONSULTANT" shall prepare a detailed written cost estimate and
construction schedule for 'PROJECT ". Estimate shall be transmitted to
"CITY" with a written memorandum of transmittal and explanation.
Any opinion of construction cost prepared by "CONSULTANT"
represents his judgment as a design professional and is supplied for
the general guidance of the "CITY'. Since "CONSULTANT' has no
control over the cost of the labor and material, or over competitive
bidding or market conditions, "CONSULTANT' need not guarantee
the accuracy of such opinion as compared to Contractor bids or
actual cost to the "CITY'.
6. Construction Phase Services
a. "CONSULTANT' shall perform the following during the construction phase:
1. Visit the site at scheduled intervals or as otherwise agreed by the
"CITY" and "CONSULTANT ", to become generally familiar with the
progress and quality of the work and to provide assistance to the
"CITY" to verify the work is being performed substantially in accord
with the contract documents.
2. "CONSULTANT' shall not be required to make exhaustive or
continuous on -site inspections to assess the quality or quantity of
work and shall not be responsible for the contractor's failure to carry
out the work in accord with contract documents.
3. Prepare change order work and review shop drawings as requested by
"CITY ", including all drawings or specifications necessary to describe and
detail the work to be added, deleted or modified. Should said work
require a substantial addition to the plan set, then additional
compensation to "CONSULTANT" would be authorized.
4. Prepare "record" drawings based upon change orders and addenda to
the extent approved by "CITY" and incorporated into the construction
of the Project. "CITY" shall require the contractor to submit "as- built"
drawings of actual construction installations to "CONSULTANT" for
use in preparing "record" drawings.
5. If the "PROJECT" involves construction of any kind, the parties agree
that the "CITY" and "CONSULTANT" shall be indemnified to the fullest
extent permitted by law for all claims, damages, losses and expense
including attorney's fees arising out of or resulting from Contractor's
performance of work including injury to any worker on the job site
except for the sole negligence of "CITY" or "CONSULTANT ". Both
"CITY" and "CONSULTANT" shall be named as additional primary
insured(s) by Contractor's General Liability and Builders All Risk
insurance policies without offset and all Construction Documents and
insurance certificates shall include wording acceptable to the parties
herein with reference to such provisions.
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6. "CONSULTANT" shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction selected by
contractors or the safety precautions and programs incident to the work
of contractors and will not be responsible for Contractor's failure to
carry out work in accord with the Contract Documents.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his responsibilities under
this Agreement, "CITY" agrees to provide the following:
A. Provide any background information, reports, contracts, specifications,
proposals or agreements as may be available or are in existence, which may be
germane to the proper preparation and completion of the "CONSULTANT's"
defined duties.
B. Provide a field and control survey to accurately reflect the existing surface
conditions. This survey will be used to prepare accurate base sheets.
C. Provide a geotechnical report reflecting the existing conditions and outlining
seismic and geotechnical design parameters. This report and recommendations
will be used for design purposes.
D. Provide a hydraulic model reflecting the existing hydraulic conditions for the
area of Zone 2. This data will be used for preliminary and final design.
E. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or direction
on matters pertaining to completion of specifications and final construction plans.
F. Review plans, specifications and other documentation provided by
"CONSULTANT" relative to "PROJECT" in a timely fashion.
G. Act as the Project Manager and provide construction administration and field
inspection on the proposed project, once designed and awarded for construction.
IV. TIME OF COMPLETION AND LIQUIDATED DAMAGES
"CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. Work as required herein, shall be completed in a diligent and
efficient manner to the execution of its completion. All work, with the exception of
the construction phase services required to advertise for construction shall be
completed no later than August 15, 1994. It is mutually agreed by
"CONSULTANT" and "CITY" that liquidated damages of five hundred dollars
($500.00) per calendar day shall be assessed "CONSULTANT" for delays beyond
the above specified completion date. Said damages shall be deducted from the
"CONSULTANT's" fee. Provided, however, that "CONSULTANT" shall not be
responsible for damage or delay in performance caused by events beyond the
control of "CONSULTANT ".
The term of this Agreement shall expire thirty (30) calendar days after the date the
"PROJECT" construction is completed and accepted by "CITY ". It is agreed and
understood by both parties, that this is sufficient time to complete all such activities
and tasks associated with the "PROJECT ", including "as -built drawing" preparation.
V. OWNERSHIP OF DOCUMENTS
Original drawings and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "PROJECT ", or any use of incomplete
documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify
"CONSULTANT" for any damages incurred as a result of such use. No report,
drawing, map, document or other data given to or prepared or assembled by
"CONSULTANT" pursuant to this Agreement shall be made available to any
individual or organization by "CONSULTANT" without prior written approval by
"CITY ", unless required by subpoena.
"CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement. The
right to publish shall be at the sole discretion of the "CITY" and written permission
must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket
publishing approval shall not be granted.
"CONSULTANT" is granted permission to show to prospective clients the reports
and data which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to the "CONSULTANT's" business office
at 3100 South Harbor Boulevard, Suite 200, Santa Ana, California 92704.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if, the "CITY" has
not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for
any other reason, "CITY" agrees to compensate "CONSULTANT" for the actual
services performed up to the effective date of the "Notice of Termination ", on the
basis of the fee schedule contained herein.
VII. SUBCONTRACTORS AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY ".
B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY ".
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C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the
services of a private architectural firm to complete those tasks which require
related professional tasks. Said architectural firm, Paul J. Ruffing, A.I.A.,
hereinafter "SUBCONSULTANT ", shall be directed and compensated by
"CONSULTANT" as if said firm were a direct employee of "CONSULTANT ".
1. Compensation for "SUBCONSULTANT's" services shall not be more than
seven thousand nine hundred twenty dollars ($7,920.00) and shall be paid
in accord with the limits of the "not -to- exceed" fee listed herein below. No
additional compensation shall be made therefor.
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to
compensate "CONSULTANT" on an hourly basis as set forth below in the
"PAYMENT & FEE SCHEDULE ". In no event shall said amount be greater
than the amount of one hundred forty three thousand three hundred thirty-
three dollars ($143,333.00), inclusive of the, subcontract services defined
herein, except as otherwise provided for herein below.
B. PAYMENT AND FEE SCHEDULE
personnel hourly rates
Partner -in- Charge .............................................. ...............................
$130.00
Engineer / Scientist VIII ................................... ...............................
125.00
Engineer / Scientist VII .................................... ...............................
122.00
Engineer / Scientist VI ..................................... ...............................
101.75
Engineer / Scientist V ....................................... ...............................
97.25
Engineer / Scientist IV ..................................... ...............................
80.25
Engineer / Scientist III ...................................... ...............................
75.50
Engineer / Scientist II ....................................... ...............................
68.50
Engineer / Scientist I ........................................ ...............................
65.25
Engineering Aid VI ........................................... ...............................
77.75
Engineering Aid III ........................................... ...............................
68.00
Engineering Aid II ............................................. ...............................
63.25
Engineering Aid I .............................................. ...............................
31.50
Engineering Technician VII ............................ ...............................
77.25
Engineering Technician VI .............................. ...............................
70.25
Engineering Technician V ............................... ...............................
66.00
Engineering Technician IV .............................. ...............................
58.50
Engineering Technician III .............................. ...............................
51.75
Engineering Technician II ..... ............................... ..........................
44.25
Engineering Technician I ................................ ...............................
32.25
Clerical................................................................ ...............................
39.50
Word Processor ................................................. ...............................
45.25
OfficeAides ........................................................ ...............................
24.00
C. The contract amount shall be paid to "CONSULTANT" in monthly partial
payments based on the amount of hours worked and expenses incurred during
each monthly pay period based on the actual hours of labor expended as approved
by the Project Manager for "CITY ". The sum of the partial payments shall not
exceed ninety percent (90 %) of the maximum fee as set forth in paragraph "A"
herein above. The balance of the total amount earned shall be paid upon
completion of the work specified herein.
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D. In addition to the not -to- exceed fee, "CITY" agrees to reimburse "CONSULTANT"
for the actual cost (plus 10 %) for all outside expenses including those for:
reproduction for copies of plans, reports and related documents, material costs
authorized in advance by the Project Engineer for "CITY ", and other reasonable
expenses, where such costs have been advanced by "CONSULTANT" and
approved in advance by "CITY ".
1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of his duties
and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within
thirty (30) calendar days of the receipt of said records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of "CONSULTANT's"
equipment, hardware, software materials or reproduction. Said costs are
non - compensable. Time expended by "CONSULTANT's" personnel on such
equipment shall be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized in writing in
advance, by "CITY", "CITY" hereby agrees to compensate "CONSULTANT" an
amount based upon the hourly rate as submitted to "CITY" in the "FEE
SCHEDULE ". An increase in the total compensation exceeding fifteen thousand
dollars ($15,000.00) shall require that an amended Agreement for such additional
services be executed by the "CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by "CITY" that relate
to the performance of the services specified under this Agreement. All such
records shall be maintained in accord with generally accepted accounting
principles and shall be clearly identified and readily accessible. "CONSULTANT"
shall provide free access to the representatives of "CITY" or its designees at all
proper times upon reasonable notice to "CONSULTANT" to such books and
records, and gives "CITY" the right to examine and audit same, and to make
transcripts therefrom as deemed necessary at "CTTY's" cost, and to allow inspection
of all work, data, documents, proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance policies.
"CONSULTANT" shall use the "CTTY's" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT's" indemnification, and also contain substantially the following
statement: "The insurance covered by this certificate may not be canceled, non -
renewed, except after thirty (30) days' written notice has been received by
"CITY ". Coverage may not be reduced or otherwise materially altered.
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B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement, policies of insurance required by this Agreement; and said
policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "B" (or higher) and Financial Size Category "XV" (or
larger) in accord with an industry-wide standard and shall be licensed to do
business in the State of California. However, the minimum rating for the
"CONSULTANT'S" Errors & Omissions carrier shall be "B + ", "VIII" or better.
1. An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide', latest edition.
C. "CONSULTANT" shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category Amount
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000.00).
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has agreed
to provide general liability insurance, "CONSULTANT" shall look solely to its
insurance for recovery. "CONSULTANT" hereby grants to "CITY ", on behalf of
any general liability insurer providing insurance to either "CONSULTANT" or
"CITY" with respect to the services of "CONSULTANT ", a waiver of any right of
subrogation which any such insurer of said "CONSULTANT" may acquire
against "CITY" by virtue of the payment of any loss under such insurance.
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance policies
required under this Agreement, except Errors & Omissions Insurance. The
naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such
additional insured; and an additional insured named herein shall not be liable
for any premium or expense of any nature on this policy or any extension
thereof. Any other insurance held by an additional insured shall not be required
to contribute anything toward any loss or expense covered by the insurance
provided by this policy. Proceeds from any such policy or policies shall be
payable to "CITY" primarily, and to "CONSULTANT" secondarily, if necessary.
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XII. WAIVER
i
A waiver by "CITY" or "CONSULTANT" of any breach of any term, covenant,
or condition contained herein shall not be deemed to be a waiver of any
subsequent breach of the same or any other term, covenant, or condition
contained herein whether of the same or different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of an alleged breach of any provisions of this Agreement, the prevailing
party shall be entitled to receive from the losing party all costs and expenses in
such amount as the court may adjudge to be reasonable cost of litigation.
XIV. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind
or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both "CITY" and "CONSULTANT ".
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts,
errors or omissions, in the performance of services hereunder.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
Robin Flory
Assistant City
ATTEST:
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92659 -1768
(714) 644 -3011 (714)6405204 FAX
11
City of Newport Beach,
a municipal corporation
John Carollo Engineers
a Partnership
G. William Knopf, Partner
"CONSULTANT"
Allen C. Todd, Partner
"CONSULTANT"
John Carollo Engineers
3100 South Harbor Boulevard, Suite 200
Santa Ana, California 92704
(714)540 -4300 (714)540 -4349 FAA
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REQUEST FOR PROPOSAL
PROFESSIONAL ENGINEERING SERVICES
FOR PUMP STATION DESIGN
GROUNDWATER DEVELOPMENT PROJECT
UTILITIES YARD EXPANSION - PHASE 11
Description and Location of Project
The project to be proposed on is to provide a complete design for installation of
a new pump station and building including five (5) new pumps, piping, valves,
appurtenances, monitoring, control systems, electrical, telephone and
chlorination facilities.
The pump station building will also include a telemetry system to link the
Utilities Department with the City's other satellite facilities and stations.
In addition, this proposal will include a design of an influent water line to an
underground concrete reservoir and the suction side of the pumps. Additionally
the design shall include the discharge line from the pumps to the proposed water
main in 16th Street.
This project will require coordination with many other portions of the Phase H
expansion of the Newport Beach Utilities Yard, which include a 3 million gallon
underground concrete reservoir, a two -story office - warehouse building, garage
buildings, extension of existing garages, construction of retaining walls with site
grading and installation of underground utilities. A conceptual plan is enclosed
for use in preparation of your proposal. (See Exhibit "A ").
The proposed project is located at the City of Newport Beach, Utilities Yard at
949 West 16th Street. This project is a major portion of the City's Groundwater
Development Project and the timing of this phase is crucial to the overall
completion schedule.
Scope of Services
The consultant shall be responsible for complete design services for construction
of the previously described project.
This design responsibility shall include preparation of two separate sets of
construction drawings.
The first set of construction drawings will be for the installation of the influent
line to the underground concrete reservoir and the discharge line from the
pumps to the proposed water main in 16th Street. These plans will include plan
& profile details of the pipeline, all connection details, valves and
appurtenances, preparation of detailed specifications, bid documents, quantity
estimates and an overall cost estimate.
EXHIacr "b"
Ll
Scope of Services Cont.
The second set of construction plans will be installation of the pumps, pump station
building and all appurtenances. This shall include all architectural and structural
plans, details, electrical plans, telephone plans, telemetry, monitoring, control
systems, and chlorination facilities, preparation of its own detailed specifications, bid
documents, quantity estimates and an overall cost estimate.
In addition, the consultant will coordinate this work effort with the many other
phases of the Phase H expansion.
All drawings and design specifications shall be in accord with the requirements of
the City of Newport Beach Design Criteria, Special Provisions and Standard Drawings for
Public Works Construction, Latest Edition" which incorporate the "green book"
specifications titled, "Standard Specifications for Public Works Construction ", latest
revision. All specifications and drawings shall be subject to final review and
acceptance by the City of Newport Beach, Utilities Department Project Manager.
The consultant's proposal shall include a detailed list itemizing the tasks required to
complete the scope of work outlined herein. Each task shall include a detailed
estimate of man -hours required to complete it.
The consultant shall also provide a proposed project schedule depicting the time of
completion for the project design. The schedule shall also include the number of
calendar days required to perform item each task and the total number of calendar
days required to complete the entire project.
The consultant will assign a responsible representative and an alternate, who both
shall be identified in the proposal. The consultant's representative will remain in
responsible charge of the consultant's duties from contract negotiations through
project completion. If the consultant's primary representative should be unable to
continue with the project, then the consultant's alternate representative will
become the primary representative. Any other changes in responsible
representative must be approved, in advance by the City. The City will have the
right to reject other proposed changes in personnel, and may consider any other
changes in responsible personnel as a breach of the contract.
The consultant shall provide a "Fee Schedule" outlining all applicable hourly rates
and costs for services. The proposal shall provide a breakdown of fees associated
with each project task. Most importantly, the consultant shall submit a total fee, not
to be exceeded, which shall include and incorporate all work necessary to complete
the project design.
Additional Responsibilities
The consultant shall be responsible for completing the specified services in
accord with a standard form "Professional Services Agreement" which will be
prepared by the City. Services specified in this agreement shall be taken directly
from the Consultant's Proposal and from this 'Request for Proposal ". The
primary components and provisions of the agreement shall include liability
insurance coverage with errors and omissions insurance in the amount of one
million dollars.
Additional Responsibilities Cont.
The consultant shall prepare the necessary plans in AUTOCad, Release 11 and
shall be plotted on City standard mylar sheets. Project specifications and
contract bid documents shall be prepared in accord with the requirements of
the City's design Criteria. These documents shall be in a bound, protective
cover. An allowance for reproduction shall be made and defined in the
consultant's proposal.
The consultant shall be required to propose a fee to review shop drawings,
submittals related to the design of this project and monitor construction
progress once it is underway. The consultant shall provide guidance and
direction to the City with respect to the installing contractor's general
conformance to plans and specifications. This fee should be based on two stages
of construction. This does not mean the consultant will be responsible for the
project construction inspection, but will instead be expected to provide some
monitoring and, where appropriate, make field recommendations.
The consultant shall include in his proposal a fee to prepare accurate "As- Built"
drawings once both stages of the project construction has been completed. It is
likely that during the course of construction, changes will have to be made
which require revision to the plans and /or specifications. The consultant is
expected to modify the project plans and /or prepare addenda to the
specifications if such changes are deemed necessary by the City.
Provide 50 copies of contract documents and specifications with reduced plans
inserted and 50 bluelines of full size plans to the City for bidding purposes for
both sets of construction drawings.
City's Responsibilities
The City will provide the following to assist the consultant with the project:
1. Plans and drawings as are available and appurtenant to the proposed project.
2. Survey records and information as are available and appurtenant to the project.
3. Previously prepared soils and compaction reports and information as are
available and appurtenant to the project.
4. Design criteria, hydraulic data and other technical information as are
available and appurtenant to the project.
5. Preliminary site configurations, reservoir and pump station
characteristics, site piping design layout and information appurtenant to
these proposed installations.
6. The City shall be responsible for applying and obtaining any required
permits from the City or other governing agencies.
END
• •
Groundwater Development Project
Professional Engineering Design Services
Pump Station Design
Selection Matrix
Average Labor
Cost ($ /Hr.) 85 78 74 95 90 74 86
Total Weighted 3.65 3.45 3.35 3.35 3.25 3.10 3.00
Score
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
EXHIBIT % -"
John
Boyle
Daniel
MacDonald
carollo
RBF
AEM
ASL
Engineering
Boyle
Stephens
Weights
Related Project
Experience
3
4
4
4
4
3
3
25.00%
Project Staff'
Assigned
4
3
3
3
3
3
3
25.00%
Grasp of the
Project
Requirements
4
4
3
2
3
4
3
10.00%
Approach to
Project Management
4
3
4
4
3
3
3
20.00%
Proposed Project
Schedule
4
4
3
4
3
4
3
10.00%
Proposed Labor
Breakdown
3
3
2
2
3
2
3
10.00%
Total Fee ($)
143,333
137,000
239,216
94,300
164,595
254,600
151,380
Average Labor
Cost ($ /Hr.) 85 78 74 95 90 74 86
Total Weighted 3.65 3.45 3.35 3.35 3.25 3.10 3.00
Score
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
EXHIBIT % -"
Groundwater Development Project
Professional Engineering Design Services
Pump Station Design
Evaluation Criteria
Selection Matrix Discussion
Summary:
Proposals were received from seven (7) firms that were requested to
submit proposals for the subject project. These firms were selected based
on previously submitted "Statements of Qualifications ". The seven (7) firms
which submitted proposals are listed below:
1. AKM Consulting Engineers (AKM)
2. ASL Consulting Engineers (ASL)
3. Boyle Engineering Corporation (BEC)
4. Daniel Boyle Engineering, Inc. (DBE)
5. John Carollo Engineers (JCE)
6. MacDonald- Stephens, Engineers, Inc. (MSE)
7. Robert Bein, William Frost & Associates (RBF)
The proposals were reviewed by the selection committee and were ranked
based on the content of their proposals with respect to the following items:
prior experience performing similar services; the project team experience
and the completeness of the discussion relating to their approach to the
project and its design.
Based on a complete analysis of the written proposals, three (3) proposing
firms were deemed most capable to perform work required by this project.
After careful review by the selection committee and additional information
that was requested from the top three (3) firms, the selection committee
recommended that JCE be awarded the proposal. This recommendation is
based on the quality of JCE's proposal with respect to their proposed scope
of work for preliminary and final design and most importantly the
qualifications of the firm's project team.
A ranking matrix is attached. The following paragraphs describe the
rationale behind each ranking, by category.
EXH(B,T "P"
0 Page 2
Groundwater Development Project
Pump Station Design
Consultant Matrix Criteria
Project Understanding
It is imperative that the full scope and extent of the work is clearly
identified and understood by the consultant and that it be clearly presented
in their written proposals.
During the proposal process, all seven firms sought additional information
from the City. Each firm brought members of their proposed project teams
to meet with members of the Utilities Department staff and /or the
selection committee.
Each firm demonstrated a reasonable understanding of the project scope.
However, three of the firms demonstrated a more complete understanding.
They were: JCE, RBF, and AKM.
These three consulting firms demonstrated they had a good understanding
of the necessary coordination efforts required to complete the project
satisfactorily. The coordination effort will be a major part of this project.
This factor is important to the consultant's ability to effectively complete
the design tasks within the parameters of the schedule and cost without
impacting the performance of the design team for the other sub - projects
related to the Groundwater Development Project.
Project Experience
The firms that proposed were ranked on recent project experience relative
to pump station design. Local experience with similar projects was a large
element in determining the ability of the consultant. More weight was
given to firms who had Southern California experience with a greater
emphasis given to Orange County pump station experience. Familiarity
with local water supply conditions, pumps, pump stations, pump station
operations and maintenance, chlorination facilities, telemetry systems and
their integration into design was highly important.
Of the seven proposing firms, RBF and AKM appeared to have the most
experience in designing pump stations. BEC and ASL also had significant
experience with numerous pump station projects.
Project Team
The project staff and their respective abilities and experience are a key
requisite for this project. The work experience of the individual professional
staff members is vital to the success and efficiency of the effort to provide a
finished design product. Given the complexity and specialized nature of this
project, the experience and capability of the project team affects the other
key areas such as ability of the consultant to meet the required schedule and
to provide efficient project coordination with the other interrelated projects
and consultants.
AKM, RBF and ASL had strong personnel as team members assigned to the
project. BEC and DBE provided an above - average team. However, JCE had
the strongest project team proposed. Their designated team members were
all long -term, "in- house" employees with over 10 years of related project
experience.
0 Page 3
Groundwater Development Project
Pump Station Design
Consultant Matrix Criteria
Project Management
The large degree of coordination and design project management that is
required for the various components of the overall project is the single most
important element required for a successful, timely, and quality project. It is
mandatory that the successful firm provide a knowledgeable project manager
or principal of the firm.
RBF, AKM, and ASL provided proven project managers for water resources
design services. JCE proposed the strongest project manager with direct
applicable and successful project management experience on a number of
similar and even more complex projects.
Project Schedule
The project schedule is crucial to insure that overall project is not affected
by the proposed work effort.
Because the schedule for this critical element of the Groundwater
Development Project is very ambitious, every firm had proposed to meet
the required schedule except for BEC which proposed to complete the
project early.
Labor Costs
Fees as well as average labor costs are an important indicator in the evaluation
of the consultants' fees to assure that appropriate time is committed to
complete the designated tasks within a "not -to- exceed" price contract.
An analysis of the total hours allotted for each project task was performed.
This was done to get an idea of the completeness and the level of effort each
consultant proposed to place on the various project task components. The
review looked at both the number of hours, the assigned personnel and the
hourly rates for the various proposed team members. The indicator used in
the evaluation matrix looked at the average weighted hourly labor cost.
In this analysis, the two firms who provided the most thorough engineering
services value were JCE and RBF.