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HomeMy WebLinkAbout06 - C-3411 - Irvine Avenue 24-inch Water Main Transmission Main ReplacementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 May 11, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Michael J. Sinacori, P.E. msinacori @city.newport- beach.ca.us SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENTS WITH IRVINE RANCH WATER DISTRICT AND COSTA MESA SANITARY DISTRICT FOR JOINT UTILITY EFFORTS WITH THE IRVINE AVENUE 24 -INCH WATER MAIN TRANSMISSION MAIN REPLACEMENT PROJECT - CONTRACT NO. 3411 AND AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE ENGINEERING. RECOMMENDATIONS: 1. Approve Reimbursement Agreements with the Irvine Ranch Water District (IRWD) and the Costa Mesa Sanitary District (CMSD) for construction of water and sewer facilities with the City's Irvine Avenue 24 -inch Water Transmission Main Replacement Project. 2. Approve Amendment No. 2 to Professional Services Agreement with Dan Boyle Engineering (DBE) for a not -to- exceed fee of $29,940. DISCUSSION: On April 24, 2001, the City Council approved a professional services agreement with Daniel Boyle Engineering for the design of the Irvine Avenue 24 -inch Water Transmission Main Replacement Project between University Drive and South Bristol Street. The plans and specifications were to be included in the County of Orange Irvine Avenue Street Improvement project for the same limits. However, the County has been delayed and is reducing the project limits to between Mesa Drive and South Bristol Street. Unfortunately, the City's existing 12 -inch water transmission main through this area will most likely see more failures before the road project is completed, now planned for 2006 /07 fiscal year. Therefore, the City is proceeding on the water main replacement ahead of the County road improvements. In an effort to minimize community impacts and to prepare for the planned road improvements, City staff has coordinated with IRWD and CMSD who have facilities within Irvine Avenue. IRWD has plans to replace a 6 -inch local distribution water main between Mesa Drive and University with a new 12 -inch water main to better provide SUBJECT: Approval of Reimbursement Agreements with IRWD and CMSD and Amendment No. 2 with DBE April 27, 2004 Page 2 additional fire protection and supply. In addition, the CMSD will need to relocate and replace some older sewer facilities in preparation of the City water main replacement project. By jointly building these facilities all agencies would save cost on administration, mobilization and traffic control. The County would also appreciate relocating and replacing all utilities ahead of their road improvements to simplify that effort. The City, IRWD and CMSD are much more familiar with utility type projects and can better manage these projects directly. The City will act as lead agency for the replacement of IRWD and CMSD and these efforts will be individually bid under one joint project. IRWD and CMSD will provide inspection for their specific facilities, but, the City will have overall authority for implementing the replacement facilities. Attached for Council consideration are the reimbursement agreements with IRWD and CMSD. The terms are identical for each with the exception that the City will not charge an administration fee to CMSD, since their relocation benefits the City by allowing the abandonment of sewer mains in conflict with the proposed 24 -inch Water Transmission Main. The City realizes significant cost saving by reducing the number of steel bends and fittings to avoid the existing sewer mains. The CMSD reimbursement agreement stipulates that the City provide the plans and specifications for the relocation of their sewer facilities. Attached for Council consideration is Amendment No. 2 for $29,940 to Dan Boyle Engineering for the design of the proposed CMSD sewer facilities. Their scope includes preparing final plans and specifications along with providing coordination, bidding and construction support for CMSD related to their relocation and replacement sewer facilities. Funding for the professional services amendment is available in Water Transmission Main Master Plan CIP, account number 7501- C5500386. Environmental Review: The project will be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines when the project is authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Preparers by Submitted chael J. 3inacori, P.E. <f__,,-gtep G. Badum Principal Engineer P Ic Works Director Attachment: Reimbursement Agreement with !RW Reimbursement Agreement with CMSD Amendment No. 2 to Professional Services Agreement with DBE File No. PR -10364 REIMBURSEMENT AGREEMENT BETWEEN IRVINE RANCH WATER DISTRICT AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION OF IRWD IRVINE AVENUE 12" DOMESTIC WATER MAIN FROM MESA DRIVE TO UNIVERSITY DRIVE PROJECT NO. 10364 This Agreement is made and entered into this _ day of 2004, by and between IRVINE RANCH WATER DISTRICT, a California Water District formed and existing pursuant to California Water District Law, hereinafter referred to as "IRWD ", and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, the CITY currently proposes to construct a 24 -inch Water Transmission Main on Irvine Boulevard between South Bristol Street and University Drive, the general location of which is depicted on Exhibit "A" to this Agreement, which document is by this reference incorporated herein; and WHEREAS, IRWD plans to replace approximately 1,400 linear feet of 12 -inch domestic water main and appurtenances along Irvine Avenue between University Drive and Mesa Drive as depicted on Exhibit "A ", hereinafter referred to as "IRWD FACILITIES "; and WHEREAS, CITY proposes to construct its 24 -inch Irvine Avenue Water Main, and the IRWD FACILITIES as a joint project to minimize impacts to the public and to provide cost savings and efficiency to both agencies, in lieu of construction of the IRWD FACILITIES by IRWD with an independent contract; and WHEREAS, IRWD is amenable to the construction of IRWD FACILITIES by CITY at the cost of CITY, which cost is to be reimbursed by IRWD after the work is completed and accepted; and WHEREAS, IRWD FACILITIES shall be the property of IRWD in accordance with the terms and conditions hereinafter set forth. Ae Newport Rev. 10/03 -1- NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants hereinafter set forth, do agree as follows: SECTION I. CITY agrees to initiate and pursue to completion along with its construction of the above - described improvements, the construction of IRWD FACILITIES as shown on Exhibit "A" to this Agreement, and IRWD agrees to cooperate with CITY with respect to the construction and schedules for completion of IRWD FACILITIES. SECTION 2. CITY agrees that IRWD FACILITIES shall be completed pursuant to IRWD approved plans and specifications ('Plans and Specifications ") which shall be supplied by IRWD. SECTION 3. The parties agree that the construction of IRWD FACILITIES shall be included in CITY proposed construction Contract No. C -3411, titled Irvine Avenue 24 -inch Water Transmission Main Replacement between South Bristol Street and University Drive and IRWD FACILITIES shall be bid as a separate item or items that can be deleted from the project. Upon opening of bids by CITY, CITY will submit the bid results to IRWD for review or approval. CITY agrees that bids received for the construction of IRWD FACILITIES shall be subject to the approval of IRWD prior to award of the construction contract for IRWD FACILITIES; and further agrees that in the event IRWD does not approve such bids, this Agreement may be terminated by either party. IRWD shall have a period of fifteen (15) calendar days for review of the bid results and approval of the successful bidder. The total estimated construction cost for IRWD FACILITIES is 5500,000; however, the amount to be reimbursed by the IRWD shall be based on the actual costs of construction of the IRWD FACILITIES. Upon award of the construction contract, CITY shall provide IRWD with one (1) original copy of the fully executed contract documents and one (1) copy of each of the bid forms. CITY shall promptly inform IRWD during the course of construction of any change orders to such contract. Copies of proposed change orders affecting the IRWD FACILITIES will be provided to IRWD within five (5) working days of submission to CITY. All change orders shall be subject to IRWD approval if and to the extent any of IRWD FACILITIES are affected thereby. IRWD agrees not to unreasonably withhold its approval to such change orders, and agrees to reimburse CITY for the cost of all change orders that it approves relating to the IRWD FACILITIES. AgrNewport Rev. 10/03 -2- SECTION 4. CITY agrees that if any revision during design or construction is requested by CITY to the Plans and Specifications, and such revision would increase the cost of the IRWD FACILITIES, such increased costs shall be bome by CITY, and shall not be reimbursed by IRWD. The cost of any revisions requested by IRWD shall be reimbursed by IRWD as provided herein. IRWD agrees that if any revision during design or construction is requested by IRWD to the Plans and Specifications, and such revision would increase the cost of the IRWD FACILITIES, such increased costs shall be bome by IRWD, and shall be reimbursed by IRWD. SECTION 5. IRWD agrees to accept IRWD FACILITIES when IRWD FACILITIES have been completed by CITY in accordance with all requirements of Plans and Specifications, including any change orders approved by IRWD as provided in Section 3 hereof. For each progress payment, including the final progress payment, made by CITY to its contractor, CITY shall submit an invoice to IRWD setting forth IRWD's portion of the progress payment, accompanied by a copy of any documentation processed with the progress payment or other documentation to substantiate the calculation of the IRWD portion. Within thirty (30) days following receipt from CITY of each such invoice for the IRWD portion of a construction progress payment, IRWD shall deposit with CITY the amount of such invoice, plus an additional amount equal to four percent ( 4 %) of the invoiced contractor costs for the IRWD FACILITIES, which shall be considered the CITY's "Administrative Fee," and shall cover the costs of all items associated with geotechnical services, permits, construction, administration, , compaction testing, accounting and legal costs. SECTION 6. IRWD shall pay the invoiced amounts without offset or reduction within the time frame set forth in Section 5. SECTION 7. IRWD shall have sole and absolute discretion as to all aspects of design and construction of IRWD FACILITIES, and IRWD shall inspect the construction of IRWD FACILITIES as it deems necessary to assure compliance with the Plans and Specifications, including shop drawing review and /or material inspection thereof. IRWD will promptly notify CITY of any portion of the work on IRWD FACILITIES which appears not to conform to the Plans and Specifications, and shall work through the CITY's inspector in all items associated with the construction contract. The determination of IRWD as to conformity of IRWD FACILITIES with Plans and Specifications shall be made in IRWD's sole and absolute discretion; however, IRWD agrees not to unreasonably withhold its approval as to such conformity. CITY shall require its contractor to construct IRWD FACILITIES so that IRWD FACILITIES conform to Plans and Specifications. CITY agrees to assume full responsibility for AgrNm,porl Rev. 10/03 -3- certifying or obtaining certification of the compaction of backfill material over IRWD FACILITIES. SECTION 8. At the time of completion and acceptance of IRWD FACILITIES, CITY agrees to furnish IRWD with "as- built" red -lines prints and one (1) copy each of the compaction reports and certificate, and cut sheets. SECTION 9. It is mutually agreed between the parties hereto that notwithstanding the fact that CITY shall accomplish the construction of IRWD FACILITIES subject to reimbursement, IRWD FACILITIES to be completed hereunder, together with the necessary franchises, licenses, easements, rights -of -way, and other privileges, shall at all times be subject to the applicable rates, rules, and regulations of IRWD, as modified or amended from time to time. CITY hereby disclaims any interest in IRWD FACILITIES and does hereby transfer and assign to IRWD any and all right, title, and interest it may have in IRWD FACILITIES, subject to the CITY's right to reimbursement of the construction costs of the IRWD FACILITIES as outlined herein. IRWD shall own, operate and maintain IRWD FACILITIES following acceptance thereof. SECTION 10. CITY will guarantee or cause its contractor for IRWD FACILITIES to guarantee such IRWD FACILITIES against defects in workmanship and materials for a period of one (1) year from the date of acceptance by IRWD. It is further agreed that CITY shall assume the responsibility that IRWD FACILITIES shall be brought or restored to full compliance with the requirements of Plans and Specifications, including any test requirements, for any portion of IRWD FACILITIES which during said one (1) year period are found not to be in conformance with the provisions of Plans and Specifications. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY contractors or material manufacturers with respect to IRWD FACILITIES. The guarantee and obligations under this section shall in no way be relieved by IRWD inspection and/or approval of IRWD FACILITIES. This section sets forth the entire guarantee and warranty of CITY with respect to IRWD FACILITIES, but this section shall in no way limit any expressed or implied warranties of other persons, with respect to IRWD FACILITIES. SECTION 11. CITY shall indemnify, defend and hold IRWD, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of IRWD FACILITIES and prior to acceptance by IRWD, as a result of any work or action performed by or on behalf of CITY, its officers, agents, employees or engineers, save and AgrNewport Rev. 10/03 -4- except in those instances where such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of IRWD, its officers, agents, employees or engineers or by any act or omission for which IRWD, its officers, agents, employees or engineers are liable without fault. IRWD shall indemnify, defend and hold CITY, its officers, agents, employees and engineers, harmless from any expense, liability or claim for death, injury, loss or damage to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by IRWD, its officers, agents, employees or engineers, with respect to IRWD FACILITIES construction; or (ii) following IRWD acceptance of IRWD FACILITIES with respect to maintenance and operation, save and except in those instances where such expense, liability or claim is proximately caused in whole or in part by any act, omission or negligence of CITY, its officers, agents, employees or engineers, or by any act or omission for which CITY, its officers, agents, employees or engineers are liable without fault. SECTION 12. CITY shall cause its contractors for the construction of IRWD FACILITIES to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and to include IRWD as an additional insured on all insurance policies that CITY requires its contractors to provide. As evidence of such insurance coverage, CITY shall, prior to commencement of construction of IRWD FACILITIES, provide IRWD with certificates of insurance and insurance endorsements in forms that are acceptable to IRWD. SECTION 13. IRWD shall have the right to terminate this Agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than CITY, including IRWD, IRWD FACILITIES construction is not accomplished or completed, IRWD shall remain obligated for the actual amount of any costs incurred by CITY for the IRWD FACILITIES, plus the four percent (4 %) Administrative Fee as set forth in Section 5 above, to the date of termination. The CITY shall have the right to terminate this agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than IRWD, including CITY, IRWD FACILITIES construction is not accomplished or completed, IRWD shall remain obligated for the actual amount of any costs incurred by CITY for construction of the IRWD FACILITIES, plus the four percent (4 %) Administrative Fee as set forth in Section 5 above, to the date of termination. AgrNewport Rev. 10103 5- The provisions of Sections 10 and 11 shall survive the expiration or termination of this Agreement. SECTION 14. Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty -four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: IRWD: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92619 Attn: General Manager CITY: City of Newport Beach 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Public Works Director SECTION 15. This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and IRWD. This Agreement constitutes the entire Agreement between CITY and IRWD and supercedes all prior understandings and Agreements between the parties with respect to the subjects hereof. This Agreement may be modified only in writing signed by both parties hereto. SECTION 16. In the event of any declaratory or other legal or equitable action instituted between CITY and IRWD in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attomeys' fees. SECTION 17. Any approval required to be given by either party pursuant to this Agreement, shall be deemed given if no response to the party's request for such approval is received by the requesting party within fifteen (15) days following the request for such approval. IN WITNESS WHEREOF, the parties to the Agreement have executed this Agreement on the date hereinabove written. IRVINE RANCH WATER DISTRICT By General Manager ATTEST: AgrNewport Rev. 10/03 -6- Dated By Secretary /Assistant Secretary APPROVED AS TO FORM: By Legal Counsel, Irvine Ranch Water District CITY OF NEWPORT BEACH By Mayor ATTEST: By City Clerk APPROVED AS TO FORM: City Attorney for City of Newport Beach AgrNewport Rev. 10/03 -7- Dated Dated Dated Dated Dated REIMBURSEMENT AGREEMENT BETWEEN COSTA MESA SANITARY DISTRICT AND THE CITY OF NEWPORT BEACH FOR THE CONSTRUCTION OF CMSD SEWER MAINS ON IRVINE AVENUE AT MESA DRIVE This Agreement is made and entered into this — day of , 2004, by and between COSTA MESA SANITARY DISTRICT, a California Sanitary District formed and existing pursuant to the Sanitary District Act of 1923, hereinafter referred to as "CMSD ", and CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, the CITY currently proposes to construct the Irvine Avenue 24 -inch Water Transmission Main Replacement between South Bristol Street and University Drive, hereinafter referred to as "CITY PROJECT ", the general location of which is depicted on Exhibit "A" to this Agreement, which document is by this reference incorporated herein; and WHEREAS, CMSD plans to replace approximately 800 linear feet of parallel 12 -inch sewer mains with 400 linear feet of new 18 -inch sewer main along Irvine Avenue between University Drive at Mesa Drive as depicted on Exhibit "A ", hereinafter referred to as "CMSD FACILITIES "; and WHEREAS, CITY proposes to construct the CITY PROJECT and the CMSD FACILITIES as a joint project to minimize impacts to the public and to provide cost savings and efficiency to both agencies, in lieu of construction of the CMSD FACILITIES by CMSD with an independent contract; and WHEREAS, CMSD is amenable to the construction of CMSD FACILITIES by CITY at the cost of CITY, which cost is to be reimbursed by CMSD after the work is completed and accepted; and WHEREAS, CMSD FACILITIES shall be the property of CMSD in accordance with the terms and conditions hereinafter set forth. AgrNewport Rev. 10/03 -1- NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants hereinafter set forth, do agree as follows: SECTION 1. CITY agrees to initiate and pursue to completion along with its construction of the CITY PROJECT, the construction of CMSD FACILITIES as shown on Exhibit "A" to this Agreement, and CMSD agrees to cooperate with CITY with respect to the construction and schedules for completion of CMSD FACILITIES. CITY will be project administrator for the completion of the CITY PROJECT and CMSD FACILTIIES. SECTION 2. CITY agrees that CMSD FACILITIES shall be completed pursuant to CMSD approved plans and specifications ( "Plans and Specifications ") which shall be supplied by CITY consultant preparing the plans and specifications for the CITY's 24 -inch Water Transmission Main. SECTION 3. The parties agree that the construction of CMSD FACILITIES shall be included in CITY PROJECT, Contract No. C -3411, and CMSD FACILITIES shall be bid as separate items. Upon opening of bids by CITY, CITY will submit the bid results to CMSD for review and approval. CITY agrees that bids received for the construction of CMSD FACILITIES shall be subject to the approval of CMSD prior to award of the construction contract for CMSD FACILITIES; and further agrees that in the event CMSD does not approve such bids, this Agreement may be terminated by either party. CMSD shall have a period of fifteen (15) calendar days for review of the bid results and approval of the successful bidder. The total estimated construction cost for CMSD FACILITIES is 5250,000; however, the amount to be reimbursed by the CMSD shall be based on the actual costs of construction of the CMSD FACILITIES. Upon award of the construction contract, CITY shall provide CMSD with one (1) original copy of the fully executed contract documents and one (1) copy of each of the bid forms. CITY shall promptly inform CMSD during the course of construction of any change orders to such contract. All change orders shall be subject to CMSD approval if and to the extent any of CMSD FACILITIES are affected thereby. Copies of proposed change orders affecting the CMSD FACILITIES will be provided to CMSD within five (5) working days of submission to CITY. CMSD agrees not to unreasonably withhold its approval to such change orders, and agrees to reimburse CITY for the cost of all change orders that CMSD approves relating to the CMSD FACILITIES. AgrNewport Rev. 10/03 -2- SECTION 4. CITY agrees that if any revision during design or construction is requested by CITY to the Plans and Specifications, and such revision would increase the cost of the CMSD FACILITIES, such increased costs shall be bome by CITY, and shall not be reimbursed by CMSD. The cost of any revisions requested by CMSD shall be reimbursed by CMSD as provided herein. CMSD agrees that if any revision during design or construction is requested by CMSD to the Plans and Specifications, and such revision would increase the cost of the CMSD FACILITIES, such increased costs shall be bome by CMSD, and shall be reimbursed by CMSD. SECTION 5. CMSD agrees to accept CMSD FACILITIES when CMSD FACILITIES have been completed by CITY in accordance with all requirements of Plans and Specifications, including any change orders approved by CMSD as provided in Section 3 hereof. CITY shall submit an invoice to CMSD for the CMSD FACILITIES upon completion, accompanied by a copy of any documentation processed with the payment or other documentation to substantiate the calculation of the CMSD portion. Within thirty (30) days following receipt from CITY of the invoice for the CMSD portion of a construction, CMSD shall deposit with CITY the amount of such invoice. SECTION 6. CMSD shall pay the invoiced amounts without offset or reduction within the time frame set forth in Section 5. SECTION 7. CMSD shall have sole and absolute discretion as to all aspects of design and construction of CMSD FACILITIES, and CMSD shall inspect the construction of CMSD FACILITIES as it deems necessary to assure compliance with the Plans and Specifications, including shop drawing review and /or material inspection thereof. CMSD will promptly notify CITY of any portion of the work on CMSD FACILITIES which appears not to conform to the Plans and Specifications, and shall work through the CITY's inspector in all items associated with the construction contract. The determination of CMSD as to conformity of CMSD FACILITIES with Plans and Specifications shall be made in CMSD's sole and absolute discretion; however, CMSD agrees not to unreasonably withhold its approval as to such conformity. CITY shall require its contractor to construct CMSD FACILITIES so that CMSD FACILITIES conform to Plans and Specifications. CITY agrees to assume full responsibility for certifying or obtaining certification of the compaction of backfill material over CMSD FACILITIES. AgrNewport Rev. 10,/03 -3- SECTION 8. At the time of completion and acceptance of CMSD FACILITIES, CITY agrees to furnish CMSD with "as- built" mylars of CMSD FACILITIES and one (1) copy each of the compaction reports and certificate, and cut sheets. SECTION 9. CITY will guarantee or cause its contractor for CMSD FACILITIES to guarantee such CMSD FACILITIES against defects in workmanship and materials for a period of one (1) year from the date of acceptance by CMSD. It is further agreed that CITY shall assume the responsibility that CMSD FACILITIES shall be brought or restored to full compliance with the requirements of Plans and Specifications, including any test requirements, for any portion of CMSD FACILITIES which during said one (1) year period are found not to be in conformance with the provisions of Plans and Specifications. This guarantee is in addition to any and all other warranties, expressed or implied, from CITY contractors or material manufacturers with respect to CMSD FACILITIES. The guarantee and obligations under this section shall in no way be relieved by CMSD inspection and/or approval of CMSD FACILITIES. This section sets forth the entire guarantee and warranty of CITY with respect to CMSD FACILITIES, but this section shall in no way limit any expressed or implied warranties of other persons, with respect to CMSD FACILITIES. SECTION 10. CITY shall indemnify, defend and hold CMSD, its officers, agents, employees, and engineers harmless from any expense, liability or claim for death, injury, loss, damage or expense to persons or property which may arise or is claimed to have arisen during construction of CMSD FACILITIES and prior to acceptance by CMSD, as a result of any work or action performed by or on behalf of CITY, its officers, agents, employees or engineers, save and except in those instances where such expense, liability or claim is proximately caused in whole or in part by any act, omission, or negligence of CMSD, its officers, agents, employees or engineers or by any act or omission for which CMSD, its officers, agents, employees or engineers are liable without fault. CMSD shall indemnify, defend and hold CITY, its officers, agents, employees and engineers, harmless from any expense, liability or claim for death, injury, loss or damage to persons or property which may arise or is claimed to have arisen either (i) as a result of any act performed by CMSD, its officers, agents, employees or engineers, with respect to CMSD FACILITIES construction; or (ii) following CMSD acceptance of CMSD FACILITIES with respect to maintenance and operation, save and except in those instances where such expense, liability or claim is proximately caused in whole or in part by any act, omission or negligence of AgrNewport Rev. 10/03 -4- CITY, its officers, agents, employees or engineers, or by any act or omission for which CITY, its officers, agents, employees or engineers are liable without fault. SECTION 11. CITY shall cause its contractors for the construction of CMSD FACILITIES to obtain insurance coverage sufficiently broad to insure the matters set forth in this Agreement and to include CMSD as an additional insured on all insurance policies that CITY requires its contractors to provide. As evidence of such insurance coverage, CITY shall, prior to commencement of construction of CMSD FACILITIES, provide CMSD with certificates of insurance and insurance endorsements in forms that are acceptable to CMSD. SECTION 12. CMSD shall have the right to terminate this Agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than CITY, including CMSD, CMSD FACILITIES construction is not accomplished or completed; CMSD shall remain obligated for the actual amount of any costs incurred by CITY for the CMSD FACILITIES. The CITY shall have the right to terminate this agreement at any time, subject to the provisions of this section. If at the request or direction of a party other than CMSD, including CITY, CMSD FACILITIES construction is not accomplished or completed; CMSD shall remain obligated for the actual amount of any costs incurred by CITY for construction of the CMSD FACILITIES. The provisions of Sections 9 and 10 shall survive the expiration or termination of this Agreement. SECTION 13. Any notice or other written instrument required or permitted by this Agreement to be given to either party shall be deemed received when personally served or twenty -four (24) hours after being deposited in the U.S. Mail, postage prepaid, registered or certified and addressed as follows: CMSD: Costa Mesa Sanitary District P.O. Box 1200 Costa Mesa, CA 92628 Attn: Manager /District Engineer CITY: City of Newport Beach 3300 Newport Blvd. P. O. Box1768 Newport Beach, CA 92658 -8915 Attn: Public Works Director AgrNewport Rev. 10/03 -5- SECTION 14. This Agreement shall be binding upon and inure to the benefit of the successor and assigns of CITY and CMSD. This Agreement constitutes the entire Agreement between CITY and CMSD and supercedes all prior understandings and Agreements between the parties with respect to the subjects hereof. This Agreement may be modified only in writing signed by both parties hereto. SECTION 15. In the event of any declaratory or other legal or equitable action instituted between CITY and CMSD in connection with this Agreement, the prevailing party shall be entitled to recover from the losing party all of its costs and expenses, including court costs and reasonable attorneys' fees. SECTION 16. Any approval required to be given by either party pursuant to this Agreement, shall be deemed given if no response to the party's request for such approval is received by the requesting party within fifteen (15) days following the request for such approval. IN WITNESS WHEREOF, the parties to the Agreement have executed this Agreement on the date hereinabove written. COSTA MESA SANITARY DISTRICT By Dated President ATTEST: By Dated Secretary APPROVED AS TO FORM: By Dated Attorney for the Costa Mesa Sanitary District CITY OF NEWPORT BEACH AgrNewport Rev. 10103 -6- By Dated Mayor ATTEST: By Dated City Clerk APPROVED AS TO FORM: City Attomey For City of Newport Beach S AgrNewport Rev. 10/03 -7- Dated N +W E S NTS .2 1� Ix ;e SMER R� AnO 0 oo PROPOSED 24" 8" CITY OF NEWPORT. IT WATER LINE 12" PROPOSE /. wl WATER MAIN " Exhibit "A"', IRVINE AVENUE WATER MAIN REPLACEMENT 7J DESIGN OF IRVINE AVENUE WATER MAIN REPLACEMENT FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE ENGINEERING This AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this day of , 2004, by and between the City of Newport Beach, a municipal corporation, (hereinafter referred to as "City ") and Daniel Boyle Engineering, Inc, whose address is 23231 South Pointe Drive, Suite 103, Laguna Hills, California 92653, (hereinafter referred to as "Consultant "), is made with reference to the following: A. On May 31, 2001, City and Consultant entered into a Professional Services Agreement, hereinafter referred to as "Agreement ", for engineering services for the Design of the Irvine Avenue Water Main Replacement from University Drive to South Bristol, hereinafter referred to as "Project." This Agreement is scheduled to expire on June 30, 2005. B. City and Consultant have entered into Amendment No. 1 of the Agreement, dated August 1, 2002. C. City desires to enter into this Amendment No. 2 to reflect additional services not included in the Agreement or prior Amendment and to extend the term of the Agreement to December 31, 2005. D. City desires to compensate Consultant for additional professional services needed for Project. Specifically, this Amendment No. 2 authorizes Consultant to perform additional engineering design services for the relocation of the Costa Mesa Sanitary District's sewer facilities, which is required by the City's water main replacement project. E. City and Consultant mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant shall be compensated for services performed pursuant to this Amendment No. 2 according to "Exhibit A" dated May 9, 2003 attached hereto. 2. Total additional compensation to Consultant for services performed pursuant to this Amendment No. 2 shall not exceed Twenty -Nine Thousand Nine Hundred Forty and Dollars ($29,940.00). 3. The term of the Agreement shall be extended to December 31, 2005. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date first above written. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: By: City Clerk for the City of Newport Beach CITY OF NEWPORT BEACH A Municipal Corporation M Mayor for the City of Newport Beach DANIEL BOYLE ENGINEERING, INC By: Tom Hooker, P.E. President F:\ USERS \PBW\Shared\Agreements \FY 03 -04 \Boyle -Irvine Avenue -Amend 2.doc °° DFI EL 00 GINEERIMG V. Consulnno Enornccrs ' CITY OF NEWPORT BEACH P.O. Box 1768 Newport Beach, CA 92658-8915 Attention: Mr. Michael J. Sinacori, P.E. Utilities Engineer City of Newport Beach Irvine Avenue Water Transmission Main Replacement Costa Mesa Sanitary District Sewer Relocations Addendum No. 2 to Scope of Services INTRODUCTION May 9, 2003 In accordance with your request, this letter provides an estimate of the additional effort required to design and prepare construction plans for the proposed Costa Mesa Sanitary District (CMSD) sewer relocations in Irvine Avenue at the intersection of Mesa Drive. The City intends to locate the proposed 24 -inch water transmission main with an 8 -foot offset from the westerly curb in Irvine Avenue. In the vicinity of Mesa Drive this proposed alignment will be in conflict with an existing 12 -inch gravity sewer main and 10 -inch force main owned by CMSD. The City and CMSD have agreed that the District's sewer pipelines are to be relocated based on the exhibit prepared by DBE dated April 24, 2003. Sewer relocation plans are to be prepared and included in the same bid package as the City's 24 -inch Water Transmission Main and IRWD 12 -inch Water Main Replacement projects. The proposed sewer relocation construction will involve the following: ♦ 95 I.f. of 21 -inch gravity sewer ♦ 405 I.f. of 18 -inch gravity sewer ♦ 20 I.f. of 12 -inch gravity sewer 100 I.f. of 10 -inch sewer force main ♦ 60 I.f. of 8 -inch gravity sewer ♦ 6 sewer manholes ♦ Abandonment of existing sewer mains and manholes 23231 South Pointe Drive • Suite 103 • Laguna Hills • CA • 92653 • (949) 7662600 • Fax (949) 5865186 • www.dhoyle- eng.com City of Newport Beach - Irvine Avenue Water Transmission Main Replacement Addendum No. 2 - 5/9/03 - Page 2 SCOPE OF ADDITIONAL SERVICES The scope of services for the proposed sewer relocation project includes the following tasks: TASK 1 - PRELIMINARY DESIGN 1.1 Prepare Preliminary Design Exhibits - Prepare color exhibits depicting the preliminary design for the sewer relocations. 1.2 Conduct Design Review Meetings - Organize and attend meetings at CMSD to review the preliminary design with the City and the District. TASK 2 - FINAL DESIGN 2.1 Field Review - Conduct a field review to verify the location of existing and proposed utilities and identify any potential conflicts. 2.2 Prepare Construction Drawings - Prepare one plan and profile sheet at a scale of 1 " =20' and three detail sheets including profiles, manhole details and pipeline connection details. The sewer relocation plans will be incorporated with the City Water Transmission Main Replacement plans, so no additional front end sheets will be required. We anticipate that the following plan sheets will be required: Sheet No.1 - Plan of 21 -inch, 18 -inch, 12 -inch and 8 -inch Sewer Main and 10 -inch Force Main (1 " =20' Scale) and Profile of 21 -inch, 18 -inch and 12 -inch Sewer Mains (11" =4' Scale). Sheet No. 2 - Detail Sheet- Profiles of 10 -inch Force Main and 8 -inch Sewer Mains, Manhole Details Sheet No. 3 - Detail Sheet- Manhole Details Sheet No. 4 - Detail Sheet - Wet Well Inlet Connection, Force Main Connection to Pump Station Piping and Connection to Force Main in Mesa Drive 2.3 Prepare Specifications - Prepare bid schedule, special provisions and technical specifications for the sewer construction to be included in the City transmission main bid package. 2.4 50% Design Submittal and Review- Prepare preliminary plan and profile sheets, details and construction cost estimate for review by the City and CMSD. 2.5 95% Design Submittal and Review - Prepare 95% plans, special provisions, technical specifications and updated construction cost estimate for review by the City and CMSD. 2.6 Final Review, Approval and Deliverables - Prepare final plans and specifications for approval by the City and CMSD. City of Newport Beach - Irvine Avenue Water Transmission Main Replacement Addendum No. 2 - 5/9/03 - Page 3 TASK 3 - BIDDING SUPPORT 3.1 Provide Services During Bidding - Provide assistance to City during bidding of project, including answering questions pertaining to the construction drawings and technical specifications and assisting the City to prepare one bid addendum. TASK 4 - CONSTRUCTION SUPPORT 4.1 Shop Drawing Review - Review contractor shop drawing submittals. 4.2 Plan Revisions and Change Orders - Prepare one revision to the plans and specifications as deemed necessary by the City. 4.3 Respond to RFI's and RFC's - Provide assistance to the City in responding to RFIs and RFCs. 4.4 Prepare Record Drawings- Prepare record drawings based on red -lined plans provided by the contractor after construction is completed. TASKS NOT INCLUDED IN SCOPE OF SERVICES Tasks specifically not included in our scope of services are as follows: ♦ Traffic Control Plans - Traffic control plans are to be prepared by Traffic Control Engineering, Inc. undera separate contractwith the City. However, thesetraffic control plans will be included in our construction plan set. ♦ Geotechnical Investigation ♦ Corrosion Analysis ♦ Potholing ♦ Surveying City of Newport Beach - Irvine Avenue Water Transmission Main Replacement Addendum No. 2 - 5/9'03 - Page 4 LABOR HOURS & FEE Our labor hours and fee estimate for the additional services as described above are detailed in the attached Table 1. We propose to provide professional engineering services based upon our Scope of Additional Services as stated above on an hourly basis for a fee not to exceed $29,940. We are prepared to proceed with these additional services upon your authorization. If you have any questions or require additional information, please do not hesitate to call. 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