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HomeMy WebLinkAbout10 - C-3412 - Irvine Avenue Water Main ReplacementMay 8, 2001 CITY COUNCIL AGENDA ITEM NO. to TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: IRVINE AVENUE WATER MAIN REPLACEMENT FROM SANTIAGO DRIVE TO UNIVERSITY DRIVE AND JAMBOREE ROAD FROM SAN JOAQUIN HILLS ROAD TO EASTBLUFF DRIVE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH ASL, INC., CONTRACT NO. 3412 RECOMMENDATION: Approve a Professional Services Agreement with Tetra Tech ASL (ASL) of Irvine, California for a contract price of $180,240 and authorize the Mayor and the City Clerk to execute the agreement. PROJECT DESCRIPTION: The operational characteristics of the City's water transmission system were reviewed for supply capacity during the preparation of the City's Water Master Plan (due to be completed in 6 months). Upon review it was determined the transmission mains in Irvine Avenue need more capacity to serve the airport area and provide a secondary connection from the east to the west side of the City. The existing Irvine Avenue transmission main varies in diameter from 12- inches to 16- inches. The hydraulic analysis included in the Water Master Plan indicated that the entire reach should be a 24 -inch diameter transmission main to provide the required additional capacity. The 12 -inch diameter main between Santiago Road and University Drive has only 25 percent of the capacity of a 24 -inch diameter main. Most of the existing transmission line in Irvine Avenue was constructed in the late 1950's and early 1960's. There have been several breaks in this 2.5 -mile reach of water line in the last five years. The existing 40 to 45 -year old line may have another 10 to 15 -year lifespan, but in all probability, several more breaks will occur during this time period. The installation of a new 24 -inch transmission line is recommended over the installation of a new 18 -inch diameter parallel line. The cost to construct one 24- inch line is more (15 to 20 percent) but it would eliminate the questionable future performance of the old water lines. SUBJECT: IRVINE AVENUE WATER MAIN REPLACEMENT FROM SANTIAGO DRIVE TO UNIVERSITY DRIVE AND JAMBOREE ROAD TO SAN JOAQUIN HILLS ROAD TO EASTBLUFF DRIVE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH ASL, INC. May 8, 2001 Page 2 The Irvine Avenue 24 -inch transmission main needs to be constructed in several phases because of funding constraints. The following is a summary of the various reaches of work for the Irvine Avenue transmission mains: Reach 1 24 -inch University Drive to South Bristol Street $1,500,000 Reach 2 24 -inch Santiago Drive to University Drive $1,300,000 Reach 3 24 -inch Santiago Drive to Dover Drive $1,300,000 Reach 4 12 -inch Dover Drive to Sherington Place $ 495,000 The design services to be provided for with this contract will prepare plans and specifications for Reach 2, 6,500 linear feet of 24 -inch transmission main. The design of Reach 1 was authorized at the last City Council meeting. Design services were also requested for the replacement of 2,700 linear feet of transmission main within Jamboree Road between San Joaquin Road and Eastbluff Drive. The Jamboree Road transmission main serves as the second supply line to the airport area. It also serves the areas around the Eastbluff community. The existing 18- inch steel pipeline was constructed in 1958 and has had two main breaks within the last year. The failures were due to corrosion at the joints because of corrosive soils around the pipe and there is evidence that the remaining pipe also has corrosion problems. The replacement pipeline will be the same type of 24 -inch water main as the one being designed for Irvine Avenue. Both of these reaches of pipeline will be combined into one construction contract. THE SELECTION PROCESS: Five firms were selected to propose on the design services for three separate reaches of pipelines: Phases 1 and 2 of Irvine Avenue, and the reach along Jamboree Road. Each of the following five firms did provide the City a written proposal as requested: Boyle Engineering Corporation Daniel Boyle Engineering, Inc Civiltec Engineering, Inc. The Keith Companies Tetra Tech ASL, Inc. The Utilities Manager, the Utilities Engineer, and the City Engineer reviewed the proposals to evaluate each firm's qualifications, past experience on similar projects, and availability before ranking Tetra Tech ASL the highest for Reach 2 of the Irvine Avenue transmission mains and for the reach of pipeline on Jamboree Road. ASL has extensive experience in designing transmission mains and has successfully completed several projects for the City. In addition, they were the design engineers for the Green Acres reclaimed water mains that extended through Newport Beach in 1998, which included installations on Jamboree Road. A fee of $180,240 was negotiated with ASL to complete both reaches of pipeline design. Q- SUBJECT: IRVINE AVENUE WATER MAIN REPLACEMENT FROM SANTIAGO DRIVE TO UNIVERSITY DRIVE AND JAMBOREE ROAD TO SAN JOAQUIN HILLS ROAD TO EASTBLUFF DRIVE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH ASL, INC. May 8, 2001 Page 3 SCOPE OF SERVICES: ASL will prepare the project plans and specifications for the installation of new 24 -inch water transmission main between Santiago Drive and University Drive. Prior to completing final design plans and specifications, they will evaluate pipeline alignments to consider traffic impacts during construction and future operation and maintenance needs. ASL will also provide the design plans for the pipeline replacement on Jamboree Road between San Joaquin Hills Road and Eastbluff Drive. Complete design efforts include construction drawings which detail all connections, pipeline appurtenances, traffic control requirements, preparation of detailed written special provisions, bid documents, quantity estimates, and an overall cost estimate. Funds for this project are available in the Master Plan Water Transmission Main Account No. 7501- C5500386. Staff recommends approval of the professional services agreement with Tetra Tech ASL to prepare the ptapAnd specifications for the subject project. Respectfully su ed, PUBLIC WO PARTMENT Don Webb, Director By: / i L ) L Michael J. Sinacori, P.E. Utilities EngineWr Attachments: Project Location Maps Professional Services Agreement with Tetra Tech ASL 2 �i t 133915 701SIYG 141ROS L—� z � .c = Q Z W 0 c j' W U X00 ���yjs LL O ° " ~n w Z W :No ca 2 m W y O. Q 2 U O `1' CIO ON�H0�1 CL ° ILJI Z3 Q Q LL add Z � 0m U W H 3A1YG VS3H 3 co 3A1YG VS3H �'v�'ERSAFN 3nN3Av YVH 730 CIO JJUS93NNR j U Q Ltl W ELL a (VM VH07 t 919 � m r � O o a N a Ltl a V. i.-., N - z 3AV 739VSt VIWS Q W a z 0 a is ~ oysa Q 4 3 z 0 2 � 3NN0 C7 p 133915 ONZZ 09b't1NVS � I J �i t MAMMA C C avow ,ivanoH C - -L W L C � F W I E HOC HOC x 0 OOVIJAVS o zl V, [ W3 W }' o ? W � W m z 2 U w m ccs oa n. Y C Z 3 U- :3 oa U Z � Z W CC O y d � y � Q ca co Z Z O .CC C= cr. a. cc °C W W H ~ Q H 3 Q Q Z 0 a w 0 J 5 - pso WOMEN p 'o ,000 -./ :-THOS ! 11 Ct 0A P., V z f- a z LU W uj mom CO2 o a CO2 CL �: co UJ = Z3 LL 0 LU LU co Q V) LLJ Z� LLJ CL LLJ CL Lli CL C3, I " L I J:, Cj- LLJ e LLJ X f CL ,000 -./ :-THOS ! 11 Ct 0A P., V z f- a z LU W uj mom CO2 o a CO2 CL �: co UJ = Z3 LL 0 LU LU co Q V) LLJ Z� LLJ CL LLJ CL Lli CL C3, I PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH ASL, INC. FOR DESIGN OF IRVINE AVENUE WATER MAIN REPLACEMENT FROM SANTIAGO DRIVE TO UNIVERSITY DRIVE AND JAMBOREE ROAD FROM SAN JOAQUIN HILLS ROAD TO EASTBLUFF ROAD THIS AGREEMENT, entered into this 24"' day of April 2001, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Tetra Tech ASL, Inc., whose address is 16241 Laguna Canyon Road, Ste. 200, Irvine, California, 92618, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to replace the water transmission main in Irvine Avenue from Santiago Drive to University Drive and in Jamboree Road from San Joaquin Hills Road to Eastbluff Road. ('Project "). C. City desires to engage Consultant to provide professional civil engineering services and prepare the plans and specifications for the Project, upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of the Project are: Tom Epperson, Project Manager and Steve Tedesco, Vice President. -1- h E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the 24th day of April 2001, and shall terminate on the 30"' day of June 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of one hundred eighty thousand, two hundred forty dollars and 00/100 ($180,240.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City payable by City within thirty (30) days of receipt of invoice subject to the approval of City. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will -3- 7 perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and .warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or EI /D omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Michael J. Sinacori, P.E., to be its -5- Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant in accordance with the schedule attached as Exhibit "C ". The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each parry hereby agrees to provide notice to the other party so that all delays can be addressed. 9. CITY POLICY Consultant will discuss and review all matters relating to policy and project .IM 12- direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on -7- I; or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, it's elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall �:E apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, 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. 9 I5 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-ventu re. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement -10- /6 by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. -11- I C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E., shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a -12- 19 failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. -13- / B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Michael J. Sinacori, P.E. City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 -14- 2O All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Tom Epperson Tetra Tech ASL, Inc. 16241 Laguna Canyon Rd. Suite 200 Irvine, CA. 92618 (949) 727 -7099 Fax (949) 727 -7097 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. -15- Z 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a different character. 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. -16- 22- 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file format. All written documents shall be transmitted to the City in Microsoft Word 97 and Microsoft Excel 97 and be consistent with Microsoft Office 97. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -17- .'J EXHIBIT "A' SCOPE OF WORK We have organized the scope of work to include typical tasks required for each project. Project I consists of the water transmission main replacement on Irvine Avenue from Santiago Drive to University Drive. Project 2 consists of the water transmission main replacement on Jamboree Road from San Joaquin Hills Road to Eastbluff Road. The scope of work is based on the assumption that two different plan sets will be required but only one specification. We propose to provide the following Scope of Services: A. Preliminary Design Project Kick -off a. Attend project kick -off meeting with City to review the project scope, schedule, budget and work plan. b. Authorize corrosion subconsultant to proceed with preliminary investigation. 2. Design Survey and Mapping a. Provide survey control using County's GPS coordinate system. b. Perform field survey to provide horizontal and vertical control and set aerial targets. C. Provide aerial topographic mapping. Topographic mapping will be in a digital format at I foot contour intervals with a horizontal scale of I inch = 40 feet. Final plan and profile sheets will include the aerial photograph for reference. d. Perform field survey to provide clarification of aerial mapped features and augment horizontal and vertical control data. e. Additional Mapping and Survey. We will perform the above subtasks (2.a through 2.d) for the following additional area: Irvine Avenue from 19`" Street/Dover Drive to Sherington Place. 3. Data Gathering a. Obtain the following data from the City: • Survey records • Design criteria and hydraulic data • Environmental documentation • Street, water, sewer and storm drain plans b. Meet with the City to discuss: project overview, permit requirements, working hours, construction access, trench backfill requirements, pavement removal and replacement and future projects. Also obtain any existing geological data available. Prepare meeting minutes and distribute to all attendees for their concurrence. CITY OF NEWPORT BEACH TETRA TECH ASL !mine Avenue and Jamboree Road Water Transmission Main Replacement 1 L SCOPE OF WORK 4. Utility Research a. Contact Underground Services Alert (USA) for a computer printout of all utilities registered within the project limits. b. Send/deliver preliminary notice to each utility advising them of the project and requesting utilities information. C. Send second utility notice including preliminary plans requesting the utility verify locations of their facilities and identify any possible utility conflicts. d. Send third utility notice including final plans to each utility for their information and coordination during construction. e. Maintain a complete record of all utility contacts and responses and copy all correspondence to the City. 5. Corrosivity Evaluation It should be noted that our corrosion subconsultant previously prepared a corrosion control report covering Project 2 as part of the Newport Beach Pipeline Extension. Therefore, we will only need to review the previous report and update it based on the current field conditions and knowledge of the construction of the reclaimed water main. a. Review preliminary alignment and conduct limited soil resistivity survey to determine cathodic protection design paramenters. b. Conduct a Wenner 4 -pin soil resistivity survey. C. Review records for locations of potential stray current interference sources. d. Prepare a Cathodic protection design analysis Corrosion Control Report to be included in the Pre- Design Report. 6. Identify Pothole Requirements a. Verify location of utilities based on information obtained from available record documents. b. Perform job walk to identify conflicts and inconsistencies. C. Identify critical utilities which need to be potholed. 7. Alignment Alternative a. Evaluate alignment considering utility location, constructability, traffic assessments, citizen impacts, jurisdictional concerns and permit requirements. Alternatives will be prepared on the Newport Beach Pipeline Extension construction plans for Project 2. b. Provide exhibits and prepare cost estimates for alignment determined. C. Meet with the City to discuss the alignment. 8. Geotechnical Investigation (City will subcontract) CITY OF NEWPORT BEACH TETRA TECH ASL Irvine Avenue and Jamboree Road Water Transmission Main Replacement 2 rl SCOPE OF WORK 9. Street Crossings a. Evaluate the intersection crossings, open -cut versus bore and jack. b. Prepare estimate of construction costs. C. Evaluate possible locations for the proposed bore pits. Prepare sketches showing the proposed locations. 10. Connections a. Determine the required points of connections. b. Meet with the City to review these connection points. C. Prepare sketches of each of the proposed connection points. 11. "Draft" Pre- Design Report a. Prepare report including the following critical issues: City traffic /pavement replacement requirements, agency requirements, corrosivity evaluation, pothole requirements, determined alignment, street crossing and proposed connections. b. Prepare cost estimates for each alignment. C. Submit three copies in a three -ring binder format. d. Separate draft Geotechnical Report. 12. Final Pre - Design Report a. Meet with the City to discuss the comments on the "draft" pre- design report. b. Make revisions to the report based on City's review comments. C. Submit five copies of the final pre- design report. B. Final Design Finalize Design Concepts a. Present final design concepts at project meeting with City to assure agreement in scope before proceeding with final plans. b. Meet with City to verify traffic control, pavement replacement, construction phasing and work hours. C. Initiate public relations Community Impacts meeting for Project I "Back Bay Project" and Project 2 "Fashion Island" if requested by City. Preparation of Base Maps a. Plot utilities on base maps based on information obtained from the available record documents unless revised due to USA markings. For Project 2, we will use our previous topography and utilities (based on record drawings) for the preliminary work up to the 50% design submittal. This will allow us to "jump start" the project as we will not need to wait for the preparation of the topography mapping and responses to the utility research. CITY OF NEWPORT BEACH TETRA TECH Irvine Avenue and Jamboree Road Water Transmission Main Replacement 3 2 SCOPE OF WORK b. Perform field walk to verify plotting of utilities. 3. Finalize Construction Plans a. The construction plan set will contain the following drawings: Project 1 - Water Line Plans — 6,500 LF • Title sheet (I sheet) • Notes and quantities (1 sheet) • Horizontal control sheet (I sheet) • Plan and profile sheets (7 sheets) • Connection details and sections (2 sheets) • Steel pipe details (2 sheets) • Miscellaneous details (4 sheets) • Corrosion control details (2 sheets) • Traffic control plans 9 sheets Total Sheets 29 sheets Project 2 - Water Line Plaits — 2,700 LF • Title sheet (I sheet) • Notes and quantities (I sheet) • Horizontal control plan (I sheet) • Plan and profile sheets (3 sheets) • Abandonment plan (I sheet) • Connection details and sections (I sheet) • Miscellaneous details (4 sheets) • Steel pipe details (2 sheets) • Corrosion control details (2 sheets) • Traffic control plans 7 sheets Total Sheets 23 sheets Traffic Control Plans — Construction staging and traffic control plans will be critical to the success of the project during construction. Attention to detail and awareness of the daily requirements of the community and businesses will be essential in developing workable traffic control and staging plans. We will work closely with City traffic engineering staff in developing a traffic control plan that will maintain safe vehicular and pedestrian traffic through the project, as well as a safe work area for the construction workers. b. All drawings and design specifications will be prepared in accordance with requirements of the City of Newport Beach "Design Criteria, Special Provisions and Standard Drawings for Public Works Construction," latest edition, which incorporates the "green book" specifications titles, "Standard Specifications for Public Works Construction," latest revision. Plans will be prepared in AutoCAD, Release 14 and shall be plotted on City Standard mylar sheets. CITY OF NEWPORT BEACH TETRA TECH ASL Irvine Avenue and Jamboree Road Water Transmission Main Replacement 4 n SCOPE OF WORK 4. Specifications Prepare detailed special provisions, bid documents and quantity estimates. We will prepare one set of specifications including both Project I and Project 2. The special provisions and contract bid documents will be prepared in accordance with the requirements of the City's design criteria. 5. Permit/Agency Processing a. If bore and jack construction method is utilized, obtain Cal -OSHA mining and tunneling permit. 6. Submittals a. Submit 50% Design Review consisting of, as a minimum, title sheet, base plan and profile sheets, including sketches of connection details and sections. b. Submit 95% Design Review consisting of, as a minimum, final plans reflecting 50% design review corrections; a complete and detailed cost estimate on the contractor's bid proposal form (with cost estimate back -up detail); complete (and bound) special provisions, contract documents and any appendices. Tt ASL will prepare draft and final construction cost estimates with quantities and unit prices for each of the PS &E submittal packages. Backup of cost estimate calculations showing quantities per sheet to match the quantity sheets in the project plans will be provided to the City with each submittal package. C. Submit Final Approval Review consisting of final plans reflecting 100% design review corrections; complete (and bound) special provisions, contract documents and any appendices. d. Submit mylar original drawings and original contract specifications Meetings a. Attend status meetings with the City. For this proposal we have assumed a total of four (4) during the final design. A review meeting will be attended for each submittal review. C. Construction Services I. Provide assistance to City during advertisement and bidding period by answering questions and assisting with the preparation of addendum as required. 2. Attend pre - construction meeting. 3. Review and process all shop drawing submittals. For this proposal, we have assumed a total of 10 shop drawings will be required for each project. 4. Monitor construction progress including preparing modifications to the project plans and/or addenda to the specifications if such changes are deemed necessary by the City. We have assumed a total of six (6) field visits will be required for Project I and 3 and four (4) field visits for Project 2. CITY OF NEWPORT BEACH ASL Irvine Avenue and Jamboree Road {Voter Transmission Main Replacement 5 1. SCOPE OF WORK 5. Prepare "record drawings" drawings once the project construction has been completed from neat legible redlined plans provided by the City or contractor. Revisions will be clouded. CITY'S RESPONSIBILITIES Tt ASL has assumed that the City will be responsible for the following items: Furnish plans and drawings, as are available and appurtenant to the project. 2. Furnish survey records and easement information, as are available and appurtenant to the project. 3. Furnish design criteria, hydraulic data and other technical information necessary to complete the design tasks. 4. Fulfill all environmental requirements. 5. Assist in coordination with governing agencies. 6. Provide blueprinting, CADD plotting, Xeroxing and other services through the City's reproduction company for each of the required submittals and for bidding purposes. We will coordinate the required submittals and bid plans with the City's reproduction company. Tt ASL will be responsible for all other reproduction, including the production of the draft and final pre- design reports. 7. Prepare, distribute and mail all bid documents and addendum. 8. Payment of all fees for permits and applications. 9. Schedule and conduct a preconstruction meeting. 10. Administer and inspect the construction contract. CITY OF NEWPORT BEACH TETRA TECH ASL !twine Avenue and Jamboree Road Rater Transmission Main Replacement 6 n 9 1* TETRATECH ASL EXHIBIT "B" 2001 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Survev/Mappin Engineering Intem/fechnician ...................$ 42.00 Survey Technician ...................................... $ 85.00 Designer /CAD Operator/Engineer I ...........S 78.00 Surveyor/Field Supvsr. /Sr. Survey Tech. ..$ 95.00 Engineer II and III/Senior Designer ........... $ 87.00 Two -Person Survey Party ...........................$ 168.00 Planner .......................... ..............................$ 90.00 Two - Person Survey Party with GPS ........... $ 205.00 Senior Engineer ............ ..............................$ 97.00 Three- Person Survey Party ......................... $ 245.00 Project Engineer/Project Coordinator ......... $ 110.00 Survey Travel Time (Two - person) .............$ 80.00 Project Manager /Sr. Project Coordinator .... $ 125.00 Survey Travel Time (Three- person) ...........$ 1 15.00 Senior Project Manager ..............................$ 140.00 Principal -in- Charge ...... ..............................$ 165.00 Administrative Construction Administrative Clerk .... ..............................$ 35.00 Construction Observer ................................ $ 68.00 Word Processor /Admin. Support ................$ 52.00 Senior Construction Observer ..................... $ 74.00 Graphic Designer .......... ..............................$ 85.00 Resident Engineer ....................................... $ 100.00 Construction Manager .. ..............................$ 130.00 Reproduction, special photography, postage, delivery services, express mail, out -of -area telephone calls, printing and any other services performed by subcontractor, will be billed at cost plus 10 1/o. Reimbursable In -House Costs Photo Copies (B &W) . .....................$0.10/Each Blueprints ......... ..............................$ 0.35 /S.F. Color Copies (up to8.5 "x11") ......... $1. 50 /Each Computer Time .......... ....................$10.00/Hour Color Copies (to l l "x 17") ...............$2.50 /Each Mileage ............................................ $ 0.40 /Mile ForensicEngineer .......................................................................... ............................... ........................$200.00 Court Appearances, Expert Witness Testimony, Depositions, and Preparation for Testimony .................................. ............................... .......................$250.00* *Minimum $1,000.00 for half day plus expenses. 1: \prop01 \p046revfee.doc j i7 �J C s n 0 U m n m m m cn N D1 J C Q E Q� m U c T w y ...... ............................... ........ .......................... ............................. ............................... cc C m J C E co L� � r d N L T .H F U _ 'o Q m a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co m co u� m in m c3 a a w o y a y in m m m n w m m m in y N � E co O N O N N h m o a a a a in in 0 o w w c m d in c3 cr m m m m m m m m m 3 3 m m 3 F c 3 3 3 3 3 3 3 3 3 3 3 co N c C T m T m T m T m T m T m T m T T m T m T m T T m T T y N 4 a a a a a a a A a a a a m a a m a m a O N O N N O h h O O O h itJ O Q N Q) F C d 3 a m o m � m cr E E m m V y E W W H n w E N U m U m a C m n N N (n a N C m C m U m m N d N m m N N C m > m m a cm W o a a w d 'o m e e m co c E o A ¢ cr i°n m ° S o :7 m F Z r > m > m > m > m cr o 2 m = c F Z 5 Y Q U ii d U d U d Uu. 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