HomeMy WebLinkAbout11 - Irvine Avenue 24-inch Water Main ReplacementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
September 28, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Sean Crumby
949 -644 -3311
scrumby@city.newport-beach.ca.us
SUBJECT: IRVINE AVENUE 24 -INCH WATER MAIN REPLACEMENT -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
TETTEMER & ASSOCIATES
RECOMMENDATION:
Approve a Professional Services Agreement with Tettemer & Associates, of Irvine,
California, for Engineering Services for the Irvine Avenue 24 -Inch Water Main
Replacement project at a contract price of $148,308.00 and authorize the Mayor and
City Clerk to execute the Agreement.
DISCUSSION:
As part of the Water Master Plan, the water facilities within Irvine Avenue and Dover
Drive were targeted to be replaced due to their age and an increase in the need for
capacity. The existing system was built in 1956 and has outlived its useful life. Due to
funding constraints, the update of the water system within Irvine Avenue and Dover
Drive was split into five smaller projects. The projects are as follows:
Phase
Proposed
Limits
Status of Project
Work
1
24 -inch
Irvine Avenue - University Dr. to
Award planned for October 28, 2004
South Bristol St.
2
24 -inch
Irvine Avenue - Santiago Drive to
Construction Complete. NOC Filed 10/14/2003
University Drive
3
24 -inch
Irvine Avenue -Dover Drive to
Project Design Considered Under this Contract
Santiago Drive
4
24 -inch
Dover Drive — Irvine Avenue to
Project Design Considered Under this Contract
West Cliff Drive
5
12 -inch
Irvine Avenue — Dover Drive to
Construction Complete. NOC Filed 3/23/2004
Sherin ton Place
In an effort to expedite the replacement schedule due to recent failures on Dover Drive,
Phases 3 and 4 are recommended to be replaced as one project. The project limits are
within Irvine Avenue between Santiago Drive and Dover Drive, and within Dover Drive
between Irvine Avenue and Westcliff Drive. Three firms were invited to submit
proposals to provide professional engineering services.
SUBJECT: Irvine Avenue 244nch Water Main Replacement - Approval of Professional Services Agreement with Tettemer &
Associates
September 28. 2004
Page 2
Two firms responded to the City's request for proposals; Tettemer & Associates, and
HDR, Inc. Staff reviewed the proposals to evaluate each firm's qualifications, past
experience on similar projects, and availability before unanimously recommending
Tettemer & Associates to complete the Irvine Avenue and Dover Drive 24 -inch Water
Main Replacement.
Upon selection, staff negotiated with Tettemer & Associates to provide the necessary
scope of services for a fee of $148,308.00. Tettemer & Associates has provided similar
services competently and professionally on projects for other local agencies in Southern
California.
The scope of Tettemer & Associates professional engineering services will include:
• Setting and locating aerial control targets
• Provide an aerial topographic survey
• Provide a topographic base map
• Conduct utility research
• Coordinate an encroachment permit with the City of Costa Mesa
• Preparation of Water Main Improvement Plans
• Preparation of Traffic Control Plans
• Preparation of Project Specifications
• Preparation of construction quantities and cost estimates
• Assistance during bidding and construction
• Preparation of As -Built Plans
Funding Availability:
Funds for this project are available in the following account:
Account Description Account Number Amount
Water Enterprise 7501- C55000386 $148,308.00
Environmental Review:
Engineering design services are not a project as defined in the California Environmental
Quality Act (CEQA) Implementing Guidelines. However, an environmental review and
the appropriate documentation will be prepared after the scope of construction work
has been finalized.
Prepared by:
Sean Crumby, P.E.
Associate Civil Enginee
Attachments: Professional Services Agreement
Project Location Map (all phases)
Submitted by:
�S'tep G. Badum
Pu c Works Director
PROFESSIONAL SERVICES AGREEMENT WITH
TETTEMER & ASSOCIATES CONSULTING ENGINEERS
FOR
IRVINE AVENUE 24 -INCH WATER TRANSMISSION MAIN
CONTRACT NO. 3708
THIS AGREEMENT is made and entered into as of this day of
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and TETTEMER & ASSOCIATES a corporation whose address is 19
Technology Drive, Irvine, California, 92618 -2334 ( "Consultant "), and 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 remove, replace, and /or rehabilitate selected portions of
existing Water Transmission Mains within Irvine Avenue between Santiago Drive
and Dover Drive, and within Dover Drive between Irvine Avenue and Westcliff
Drive.
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. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of this Project shall be Robert
S. Reid, P.E.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on the 31st day of December, 2006, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit C. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed One Hundred Forty Eight Thousand Three Hundred Eight Dollars
and no /100 ($148,308.00) without additional authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved 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.
FA,
4.3 Consultant shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means
any work that is determined by City to be necessary for the proper
completion of the Project, but which is not included within the Scope of
Services and which the parties did not reasonably anticipate would be
necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of
Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Robert S. Reid to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Michael J. Sinacori 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.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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8. STANDARD OF CARE
8.1 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 perform all services in a manner commensurate
with 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.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 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.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties) from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
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Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or 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 approval
for 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 means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceotab /e Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Reauirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coves. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
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under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Covera e. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain 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).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf
of the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
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party except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. 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.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: 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
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. 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- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
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 by City or persons other than
Consultant is waived 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 provide to City 'As- Built' drawings, and a copy of digital
AutoCADD and tiff image files of all final sheets within ninety (90) days after
finalization of the Project. For more detailed requirements, a copy of the City of
Newport Beach Standard Design Requirements is available from the City's
Public Works Department.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for 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 original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. 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
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competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all 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.
22. 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 and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. 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 to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
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.
lit$]
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The 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 any 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.
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 immediate
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Robert S. Reid
Tettemer & Associates
19 Technology Drive
Irvine, CA 92618 -2334
Phone: 949 - 923 -6277
Fax: 949 - 923 -6077
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28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. 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.
31. 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 herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
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33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
CITY OF NEWPORT BEACH,
A Municipal Corporation
IN
Mayor
for the City of Newport Beach
TETTEMER & ASSOCIATES:
By: By:
LaVonne Harkless, Robert S. Reid
City Clerk President
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Project Schedule
Ii
�gwvpgT
of a Proposal Am Tettemer & Associates
Irvine Avenue and Dover Drive
3 = 24 -inch Water Main Replacement
«oa" Irvine Avenue- Santiago Drive to Dover Drive
Dover Drive Irvine Avenue to Westdiff Drive
EXHIBIT "A"
SCOPE OF SERVICES
Tettemer proposes to complete the scope of work as follows:
I ENGINEERING DESIGN
A. Data Collection/UtilityResearch
Tettemer will review reports, record drawings, and other information affecting the
project. Sources for such information will include the City's Water Master Plan, street
improvement plans, water improvement plans, any available City construction plans
and/or specifications, utility information, legal descriptions, or other pertinent
information prepared by the City, or others which are related to the project.
Tettemer will research and obtain record data from the City of Newport Beach, utility
companies, and any other agencies having existing or proposed facilities or jurisdiction in
the project area. Besides the City's water and sewer facilities, additional utilities that we
will contact include, but are not limited to, natural gas, petroleum, storm drains,
telephone, electrical, traffic control facilities, cable television companies, manholes and
other structures. Tettemer will coordinate with these agencies to obtain facility
information and to verify the horizontal and vertical locations of the existing and any
proposed facilities that will parallel or intersect each of the project areas. Tettemer will
accurately indicate on the construction plans the locations and elevations of all existing
and proposed utilities, improvements, and related facilities. Information pertaining to
utilities such as material, size, depth, and horizontal location will also be identified on the
construction drawings.
We will also describe the water transmission main project to the affected utilities and
provide approximate construction dates. In addition to determining the locations of their
facilities, we will request the utilities to provide supplemental information of any new
construction that is planned. If any utility has construction plans that coincide with the
City's water transmission main project, we will coordinate the construction activities.
Traffic control and pavement replacement would be essential items to strategically plan if
simultaneous construction is planned.
Once the proposed alignment has been studied and preliminarily set, Tettemer and the
City's project manager will work together to determine strategic locations for potholing
to be performed. These locations will predominately be for existing utilities that have the
highest probability of posing a problem during construction. These facilities are usually
ones that normally are at the same depth as the proposed water main or have large
diameters that make them difficult to avoid or relocate. After the City's subcontractor
P1345 Page 1 July 29, 2004
Ewe
Propose/ Am Tettemer & Associates
L^ A Dixsivn N The Kenn CwnVenms
fj Irvine Avenue and Dover Drive
= 24 -inch Water Main Replacement
Irvine Avenue - Santiago Drive to Dover Drive
Dover Drive Irvine Avenue to Westcliff Drive
has completed the potholing, Tettemer will adjust our base maps to reflect the pothole
data.
B. Design Surveys
Tettemer will be responsible for all field surveying required to properly design the
project. The aerial photographs will be included on the final plans for reference. The
survey control shall be established using the County's GPS coordinate system. The
survey control will conform to N.A.D. 83 California Coordinate System values
horizontally, and either N.A.V.D. 29 or 88 vertical datum.
Tettemer proposes to use aerial photogrammetric mapping to generate the base maps.
Surface control points will be established for the aerial photographs. The control points
will serve as the basis for establishing horizontal and vertical control of the proposed
water transmission main alignment. Digital maps will be generated from the aerial
photographs at a 1' = 20' scale, with 1 foot contour intervals. Mapping limits will be
based on sidewalk to sidewalk area along the proposed route. The basis of bearing and
benchmark will be indicated on the construction plans.
A field investigation will be performed to verify the accuracy of the as -built drawings and
the aerial photographs. Our surveyors will gather information on topographic features
and culture features such as manhole covers, water valve caps, electrical pull boxes, and
curbs. Finally, we will obtain the rim and invert elevations of sewer and storm drain
manholes that are along the alignment.
C. Corrosion Analysis
Our Corrosion Control specialist will conduct representative Wenner 4 -pin soil resistivity
test for the proposed pipeline alignment. We will review the soil data and prepare a letter
report describing the degree of soil corrosivity relative to the pipe materials to be
installed. The report will also include the recommendations for corrosion control and
corrosion monitoring systems with cost estimate.
The construction drawings will include typical detail installation drawings of the
recommended primary corrosion monitoring/corrosion control system components,
including test stations, pipe joint bonding, dielectric isolation, anodes, etc. The pipeline
stations for the proposed facilities will be shown on the final construction plans.
D. Construction Plans
All drawings and design specifications shall be prepared in accordance with requirements
of the City of Newport Beach Design Criteria, Special Provisions and Standard
P2345 Page 2 July 29, 2004
?ART
d o Proposal Tettemer 6 Associates
Irvine Avenue and Dover Drive A O 'on vI The Ke M Canpemes
= 24 -inch Water Main Replacement
Irvine Avenue- Santiago Drive to Dover Drive
Dover Drive Irvine Avenue to Westcliff Drive
Drawings for Public Works Construction" 2004 edition, which incorporates the "green
book" specifications entitled, "Standards Specifications for Public Works Construction,"
2003 edition. All specifications and drawings will be subject to final review an
acceptance by the City of Newport Beach, Public Works Department.
Tettemer will use AutoCAD 2002 to prepare the construction plans. The construction
drawings will be plotted at 1" = 20' horizontal scale for the plan and either 1" = 4' or 1" _
8' vertical scale for the profile. All plans will be drawn on 24" x 36" size sheets and will
include the City of Newport Beach's standard title block format. For maximum time and
labor efficiencies, and to ensure that the City's input is incorporated into the final design,
Tettemer will submit plans and specifications to the District for review at the fifty percent
(50 %), ninety percent (90 %), one hundred percent (100 %) and final design milestones.
The title sheet of the contract drawings will contain the project title, space for approval
signatures, and the date. The index sheet will contain the vicinity map, location map,
utility and agency index, list of standard symbols, list of abbreviations, general notes,
erosion control notes, sheet index, benchmark and basis of bearings.
Tettemer will design the proposed pipeline including the pipe shell structural design.
Construction plans and specifications will include pressure class, joint design details,
lining and coating details, bedding, and backfill details, anchorage and thrust restraints,
material specifications, proper handling during pipe transportation, and pipe installation
methods, as necessary.
Tettemer will indicate all pipeline appurtenances such as the inter - system connections,
blow -off valves, air release -air vacuum valves, corrosion protection, mainline valves,
water sampling stations, and telemetry system, including site improvement, vaults, and
enclosures that may be required on the construction plans.
E. Traffic Control Plans
Comprehensive traffic control and detour plans will be completed. We will process the
plans through the City of Newport Beach and the City of Costa Mesa. The final traffic
control plans will be prepared to the satisfaction of these governing agencies and
included in the construction documents.
F. Project Specifications
Tettemer will prepare contract documents for bidding and construction purposes
including bid proposals, specifications, and special provisions. Items such as the bid
proposals, specifications, and special provisions will be prepared in most current version
of Microsoft Word.
PI345 Page 3 .741Y20
Proposal
> Irvine Avenue and Dover Drive
= 24 -inch Water Main Replacement
«oa Irvine Avenue- Santiago Drive to Dover Drive
Dover Drive Irvine Avenue to Westcliff Drive
AmTettemer & Associates
_ A prvision of The KeO C mPen
The special provisions will carefully describe the contractor's sequence of work for the
water transmission main. The contractor will be instructed of specific requirements and
procedures to connect existing water main facilities to the new pipeline, and methods to
demolish and abandon portions of the existing water main. Additional requirements will
include customer notification procedures, the length of time that the existing water
system may be out of operation, deadlines for installing pipelines in critical areas, and the
range of hours that construction may occur.
G. Estimate of Probable Construction Cost
Tettemer will prepare an engineers estimate of probable construction cost for the project,
including all other associated appurtenant construction costs. Senior design staff with
considerable office design and construction experience will prepare the engineer's
estimate. Our experience has shown that these professionals have a better understanding
of the construction efforts required. Therefore, the accuracy of the construction cost
estimate will be increased. An electronic copy of the construction cost estimate will be
submitted to the City in a Microsoft Excel format.
H. Meetings
Tettemers Project Manger will meet and coordinate work with the City. The Project
Manager will also be responsible for coordinating all design efforts and staffing to ensure
a successfully completed project on time and under budget. The Project Manager will
meet with the City once a month to complete the work within the schedule limits. The
number of meetings will vary by individual project. Our labor budget assumes that eight
meetings will be required during the design process.
I. Design Submittals
The 50% Design Review package will include a preliminary title sheet, base plan and
profile sheets, sketches of connection details and sections, and preliminary quantities and
cost estimates for review and comments from the Public Works Department. Eight (8)
copies of the work in progress will be furnished for the submittal reviews.
The 90% Design Review package will include the 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 for review by the Public Works Department.
Eight (8) copies of the work in progress will be furnished for the submittal reviews.
P1345 Page 4 July 29, 2004
Am Tettemer & Associates
� ee Proposal -
' fi
Irvine A venue and Dover Drive
24 -inch Water Main Replacement
Irvine Avenue- Santiago Drive to Dover Drive
Dover Drive Irvine Avenue to Westc/iffDrive
The 100% Design Review package will include the final plans reflecting 90% 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, for final review by the Public Works
Department. Eight (8) copies of the work in progress will be furnished for the submittal
reviews.
The Final Approval Review package will include final plans reflecting 100% design
review corrections; complete (and bound) special provisions, contract documents and any
appendices, for final approval and plan signature by the Public Works Department. In
addition, final drawings in digital format in AutoCAD 2002 and one (1) set of original
drawings inked on Mylar measuring 24 -inch by 36 -inch will also be provided for the final
submittal.
J. Permit Processing
Tettemer will also process an encroachment permit though the City of Costa Mesa. We
will perform the processing required so that the contractor may obtain the actual permit.
II CONSTRUCTION SUPPORT SERVICES
A. Bid Support
It is anticipated that the proposed construction project will be publicly bid. To achieve
fair and accurate bids, it is important that all contractors receive their information from
the same source. The City's Project Manager will be the primary contractor contact.
When requested by the City, Tettemer will respond to bidder's questions during the bid
advertisement period and provide information and clarification of bid documents to
prospective bidders, including the preparation of complete addenda documentation as
required for City issuance and distribution.
Tettemer's Project Manager will attend a pre -bid meeting with the City and the
contractors. Our Project Manager will also attend the public bid opening.
B. Shop Drawing Review
Our senior engineers will review shop and work drawings submitted by the Contractor.
All correspondence shall be through the City. We will review vendor and lab reports,
certifications or material tests and inspections, and correlate such reports with the
intentions of the Plans and Specifications.
PI345 Page 5 lu/y29, 2004
o a�a o Proposal _ Tettemer 6 Associates
e Irvine A venue and Dover Drive aom'dm n�wan ��
= 24 -inch Water Main Replacement
Irvine Avenue- Santiago Drive to Dover Drive
Dover Drive Irvine Avenue to Westdiff Drive
C. Respond to RFI's
Tettemer will provide clarification of "Requests for Information" (RFI's) from either the
project manager or the contractor, including any new detailed drawings.
D. Record Drawings
Upon completion of construction, Tettemer will prepare record drawings of the new
water transmission main. Since the City will carry out the inspection of the project,
modifications to the original tracings will be based upon information supplied by the City
and its contractor. The record drawings will incorporate any changes between the
engineering design and the actual construction. The original tracings, after modification,
will become the City's property. The modifications will be made both to the original
mylar sheets and to the digital files.
P1345 Page 6 July 29, 2004
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Tettemer & Associates
City of Newport Beach - Irvine Avenue & Dover Drive 24 -Inch Water Main Replacement
Irvine Avenue - Santiago Drive to Dover Drive; Dover Drive - Irvine Avenue to Westcliff Drive
FEE SCHEDULE -
Compensation for work performed on a time and materials basis will be computed as follows:
MANAGEMENT
Hourly Rate
President..............................................................................................................
............................... $165.00
Vice President 11, Vice President I ..........................................................................
............................... 160.00
DirectorIII ..............................................................................................................
............................... 155.00
Director11 ......................................................................................
............................... .........................150.00
Sr. Project Manager, Supervisor 11 .........................................................................
............................... 145.00
Project Manager, Director I ....................................................................................
............................... 140.00
SupervisorI ............................................................................................................
............................... 135.00
Assistant Project Manager .....................................................................................
............................... 120.00
CIVIL ENGINEERING AND MAPPING SERVICES
Sr. Project Surveyor ...................................................................... ...............................
.........................146.00
ProjectSurveyor .................................................................................................... ...............................
136.00
Sr. Project Engineer ............................................................................................... ...............................
135.00
Sr. Project Designer ............................................................................................... ...............................
130.00
Project Engineer, Sr. Survey Analyst, Processing Manager .................................. ...............................
125.00
Project Designer, Sr. Design Engineer .................................................................. ...............................
120.00
SurveyAnalyst ....................................................................................................... ...............................
114.00
Sr. Designer ........................................................................................................... ...............................
110.00
DesignEngineer, Designer .................................................................................... ...............................
100.00
Sr. Technician, ResearchlProcessing Coordinator ................................................. ...............................
93.00
Jr. Survey Analyst .................................................................................................... ...............................
90.00
Design Technician, Assistant Engineer, Technician, Jr. Engineer ........................... ...............................
88.00
Jr. Technician, Project Coordinator .......................................................................... ...............................
75.00
Engineering/Survey Aide, Office Work ..................................................................... ...............................
68.00
FIELD SURVEY
FieldCoordinator ................................................................................................... ...............................
120.00
SurveyTechnician ................................................................................................... ...............................
92.00
Three Person Crew... .................... $230.00 Three Person GPS Crew ..... ...............................
240.00
Two Person Crew .. .........................199.00 Two Person GPS Crew........ ...............................
210.00
One Person Crew ........................... 145.00 One Person GPS Crew........ ...............................
160.00
PLANNING SERVICES
Principal Planner .... .........................125.00
125.00
Sr. Planner ............. ......:..................115.00
109.00
Project Planner ...... .........................105.00
94.00
Planner............... ...............................
95.00
Assistant Planner, Graphic Designer 80.00
Planning Technician ..........................
70.00
CULTURAL RESOURCES
Project Mgr /Cultural Resources ..........................
125.00
Archa eol ogist/ Paleontologist ...............................
109.00
Field/Lab Supervisor .............. ...............................
94.00
Field/Lab Technician III .......... ...............................
78.00
Field/Lab Technician II ........... ...............................
73.00
Field /Lab Technician I ............ ...............................
65.00
SPECIAL SERVICES
Consultation Re: Litigation ................................................................................... ............................... $375.00
MISCELLANEOUS FEES
The tollovvino services are billed at our cost plus 15 %:
• Map check fees or filing fees advanced by us.
• Transportation. meals and lodging for overnight travel and incidental travel expenses.
• Commercial delivery services, including Federal Express. Express Mail, and Messenger Services.
• Excessive long distance telephone calls, telegrams, and other costs directly applicable to the project.
• Plotting and blueprint services and printing. (The client is encouraged to arrange for printing, other than
prints or plots on our blueprint machine and plotters, to be contracted directly with an outside blueprint
company acceptable to us.)
MILEAGE......................................................................................................... ............................... $ .375 /mile
NOTE: EEO obligations of Exec Order 11246 and 41 CFR Parts 60-1.4,613-250.5 and 60 -741.5 are incorporated in non - exempt US
Government contractslsubcontracts.
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