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HomeMy WebLinkAbout09 - Industrial Way 36-Inch Water MainCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 April 26, 2005 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: INDUSTRIAL WAY 36 -INCH WATER MAIN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. RECOMMENDATION: Approve a Professional Services Agreement with HDR Engineering Inc., of Lake Forest, California, for engineering services for the Industrial Way 36 -Inch Water Main Replacement project at a contract price of $121,900 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Water facilities within 16th Street and Industrial Way are targeted to be replaced as part of the Water Master Plan due to their age and a need for increased capacity. The existing 14 -inch system was built in 1950 and has outlived its useful life. In addition, there is an existing 30 -inch transmission main, built in 1923, that traverses the General Services yard parallel to Industrial Way. The 30 -inch main is very deep (20 plus feet) and is adjacent to buildings within the General Services Yard and along Industrial Way. A failure of this main could cause significant structural damages. The proposed project replaces the existing 14 -inch and 30 -inch mains with a single main located within the street right -of -way in Industrial Way between Superior Avenue and Old Newport Boulevard /15th Street (see attached location map). Preliminary construction costs are estimated at $1,000,000. Two firms responded to the City's request for proposals for water transmission design services last fall: • Tettemer & Associates • HDR Engineering (HDR) SUBJECT: Industrial Way 36 -inch Water Main — Approval of Professional Services Agreement with HDR Engineering April 26, 2005 Page 2 Staff negotiated with HDR to provide the necessary scope of services for a fee of $121,900. HDR recently merged with another professional engineering firm, CVGL, who has provided similar services competently and professionally on projects for the City and other local agencies in Southern Califomia. The scope of HDR's 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 and street improvements plans 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 $121,900 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: W Sean Crumby, 'P.q. Associate Civil Engineer Attachments: Professional Services Agreement Project Location Map Submitted by: f .Ste I Badum Pf6lic Works Director a ^l8 I�IOdM3N c� Q � CY) $ $ Z T F W = K (n F Q Q W I ?i U � � N Z � a z w P w *BAV 2JONBdns o.7 J U) M Z M Z Z Q Z L b O F- PP QOM m (A ` a �- v~i a w�3 z o z w z a 2 � 1-- w a 3 �- � w LLI U) w w LLI F- N N W r 1 CO Q J 0 Z r° W m / Y W Q O oz z w O �r rz� W Z _ ~~ - XQI A a- LLI U m ZOF-- M 0=. LLI �? Q U_ F n/ Q< aW W O 1 M Z Z Q Z L b O F- PP QOM w O v~i a w o z M Z Z Q Z L b O F- PP QOM "RECEIVED AFTER AGENDA FRiNI'TED:" PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING INC. FOR • INDUSTRIAL WAY WATER MAIN REPLACEMENT PROJECT THIS AGREEMENT is made and entered into as of this _ day of , 2005, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and HDR ENGINEERING, INC., a corporation whose principal place of business is 26250 Enterprise Court, Suite 150, Lake Forest, California, 92630 ( "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 replace the 14 -inch water main in Industrial Way between Superior Avenue and Newport Boulevard. As part of the upgrade, City desires to eliminate a 30 -inch water transmission main that traverses the City's General Services Department yard, parallel to Industrial Way. City intends to combine and replace the existing 14 -inch and the 30 -inch water mains into a single, 36- inch water main located with the street right -of -way in Industrial Way. • C. City desires to engage Consultant to prepare Plans and Specifications and construction cost estimates for the above water main improvement project, provide assistance during bidding and construction support services ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal members of Consultant for purposes of Project shall be James A. Cathcart, P.E., and Steven A. Friedman, 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 Work attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's • control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery, or mail. 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, the Fee Schedule included in the Scope of Work, 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 Twenty -one Thousand, Nine Hundred and 001100 Dollars ($121,900.00) 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 Work 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. 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 Work 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 Steven A. Friedman, P.E., 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 fumish the necessary personnel to complete the Project on a timely basis as . contemplated by this Agreement 3 A 7 ADMINISTRATION • This Agreement will be administered by the Public Works Department. Michael J. Sinacori, P.E., shall be 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. 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. 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. • 11 • 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). 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 5 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. 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. Acceptable 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 Califomia, with an assigned policyholders' Rating of A (or higher) and Financial Size • Category Class VII (or larger) in accordance with the latest edition of .V s • Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 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 Coverage. 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 under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. 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: • i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds 7 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 party except after thirty (30) calendar days written notice has been received by City. F. rmely 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 • M • 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 Work. 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. r1 U 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. All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD 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. 9 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 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 10 • 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. 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. 11 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: Attn: Michael J. Sinacoh, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Steven A. Friedman, P.E. 26250 Enterprise Court, Suite 150 • Lake Forest, CA 92630 Phone: 949 - 454 -4828 Fax: 949 - 454 -4801 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. 12 • 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 Work or any other attachments attached hereto, the terms of this Agreement shall govern. 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. 13 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 Attomey for the City of Newport Beach ATTEST: an LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach HDR ENGINEERING, INC.: By: James A. Cathcart, Vice President Print Name: By: Chief Financial Officer Print Name: Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Billing Rates 14 0 • • orofessional enaineerina services for the 0 Scope of Work HDR's proposed scope of work for the Industrial Wzv 36 -inch Water Main Replacement project is divided into tasks required to achieve your proiect goals and successfully complete the project. The Water Main Master Plan Improvement Program recommends upsizing an existing 14 -inch water main in Industrial Way between Superior Avenue and Newport Boulevard. The new pipeline is recommended to be a 36 -inch cement mortar lined and coated steel pipeline. Based on the maps included in the RFP, it is estimated that the project includes approximately 1;200 feet of 36 -inch pipeline. Task 1 - Project Management 1.1. Project Management. HDR's project management approach is to partner with the City`s staff for `ine successful execution of the work. The project will begin with the preparation of a PMP to • define relationships and establish a clear understanding of the project goals and the critical success factors that will be required to meet these goals. The PIv/P will describe the organization of the project, give clear lines of communication and reporting relationships, detail the scope, schedule, and budget; and describe the cost and schedule control procedures. Pro iect management also includes HDR team coordination, internal team meetings, budget and schedule review =, and invoicing activities. In addition_, project management includes communication and coordination with the City, preparation of correspondence with the City, and project document control and administrative activities. 1.2. Project Kick -Off Meeting. The technical work on the project will be initiated with a kick -off meeting. HDR will prepare the agenda and other materials for the meetings and provide meeting- minutes to all participants. During the meeting; HDR will discuss pertinent information required to start the project, and review the project basis. We will 040221-042102L05 project present a detailed schedule and define the lines of communication; so that the project is well organized from the start. We will establish regular monthly technical meetings where project issues will be discussed, and decisions made and documented. 1.3. Meetings. Regularly scheduled monthly meetings will be held during the design phase of the project. Some of the monthly meetings will coincide with the progress submittal review meetings. HDR will provide an agenda and meeting - minutes. In addition to technical issues and submittal reviews, the meetings will include progress reviews of the past months activities, budget review, and schedule review to keep the City informed of the project's progress. We will also feature a look -ahead at the coming month's activities and a review of critical pending issues. 1.4. Project Schedule. A detailed project schedule will be prepared and provided at the project kick -off meeting. The schedule will identify task durations, meeting dates, critical milestones, and other information pertinent to the schedule. The schedule will be updated monthly. Task 2 - Survey Services 2. 1. Data Collection. Conduct the following data collecting activities: • Perform a field reconnaissance survey to become familiar with the pipeline alignment, develop a photographic inventory, and identify difficult construction areas. • Review record drawings, utility atlases, existing geotechnical information, and other data supplied from the City that may be applicable to the alignment. • Research at City and County offices for local survey control and street centerline information. 2.2. Survey. Survey services consist of the following: • Measure coordinates of visible street monuments along the apparent street centerline and provide Exhibit A i L7 professional engineering services for the project• ASCII file coordinate listing and Held notes to will also include a retdev of available corrosion Engineer. reports from existing facilities; soil test results, and • Mark manhole; utility and valve vaults in the field prior to the aerial photography. • Establish survey ground control for aerial *_napping using NTTAD83 coordinates and NAVD88 county benchmark elevations. • Aerial mapping by photogrammetric methods at 20 scale, one foot contour interval, of the 200 - foot wide mapping strip. Final product will be an Autocad digital drawing file by the team. • Budget 4 hours survey field crew time and office support to measure coordinates and elevations of critical design features or measuring manhole invert elevations, as directed by Engineer, and provide ASCII file coordinate listing and field notes to Engineer. 2.3. Survey of potholed utilities. It is assumed that a total of five locations will be potholed to confirm the location of the connection points to existing water mains and conflicting utilities. This task includes surveying location and depth of identified utilities. Task 3 — Utility Conflict Resolution 3.1. Collect Data. Collect utility maps regarding existing, proposed, and abandoned utilities to determine potential conflicts with the proposed alignment. Identify and plot all above - ground and below- ground utilities on the preliminary drawings. 3.2. Coordinate Field Markouts. Arrange for mark - outs and potholing with various utilities (the work to survey the potholed utilities is included in Task 2). 3.3. Technical Memorandum. Prepare a memorandum identifying conflicting utilities and making recommendations to remedy conflicts. Task 4 — Cathodic Protection 4.1. Report. Conduct a corrosion investigation and prepare a memorandum documenting findings and recommendations. The corrosion investigation shall include a review of the proposed alignment and geotechnical report if prepared for this project. It 040221-042103-05 the anaiysis of fne corrosive effects of the native soils, groundwater_ and stray currents on existing pipelines. The report shall include discussions of the investigative measures performed, test results. calculations, and design, recommendations. 4.2. Design of Cathodic Protection Measures. Prepare designs and specifications for corrosion monitoring and cathodic protection measures, trench backfill materials, pipeline lining and coating, and joint insulation. Task 5 — Prepare Plans and Specifications 5.1. Calculations. HDR vAl prepare design calculations for each project component that will follow a standard format. All calculations will be completed with a clearly stated design objective, assumptions, procedures, results, and recommendations. The preliminary calculations could include: horizontal and vertical alignment • control, pipe external loads; pipe interval loads, welded joint design, joint restraint, welding calculations, bedding and baclfill design; corrosion design, structural calculations for appurtenance design, air and vacuum relief calculations, buoyancy and collapse calculations, pipe specials, and outlet reinforcement design. 5.2. Drawings. HDR will prepare a complete and accurate set of contract documents ready for solicitation of competitive bids. A complete set of construction drawings will be prepared for all portions of the work in accordance with the City's standards and format. All drawings will be prepared using AutoCAD and drafted on mylar. Plan and profile drawings will be prepared at a scale of one inch equals 20 feet. A preliminary sheet list is included in the level of effort. City standard details will be used where appropriate and special details will be developed for connections to existing facilities. HDR estimates that the project will include three • plan and profile sheets for the 36 -inch pipeline. fq engineering services for the • Submittals will be maue w the C.i:) at 56 percent, 90 percent. 100 percent, and a final review set. upon approval of the final review set; HDR will prepare the final mylar drawings for signature. The Cin's comments will be incorporated into each subsequent set of plans. Three sets of contract documents and cost opinion will be made for each submittal. At a m nimum each submittal shall contain the following information: 50 percent submittal. Preliminary title sheet, base plan and profile sheets, preliminary connection details and appropriate section details. Submittal shall also include preliminary quantities and a cost opinion. 90 percent submittal. Final plans and complete specifications, and final a_uantities and a final cost opinion. 100 percent submittal. Final plans and specifications, final quantities and cost opinions. • Final submittal. Final plans and specifications, and revised final quantities and cost opinions. Final n ylars and electronic files. One set of original mylars and copy ready specifications. An electronic set of drawings will also be submitted in AutoCAD format. 5.3. Specifications. The specifications portion of the contract documents will consist of currently approved City front -end documents and general conditions. HDR will prepare a bid form, special provisions, and technical specifications for the project based on a CSI format. A set of specifications will be submitted with each submittal as defined in Task 5. 5.4. Cost Opinion. The HDR cost estimating team will prepare quantities and construction cost opinions in support of each submittal. Task 6 — Permits 6.1. Caltrans Permit. Identify permit requirements •at the 50 percent design submittal. HDR's fee assumes that traffic control plans and a permit from Caltrans will be required for this project. Permit 040221-042)0305 project applications will be prepared and submitted at the 90 percent submittal. The agency comments will be incorporated into the 100 percent complete submittal. A total of 16 roan -hours to acquire the permit is assimmed, which includes one Caltrans meeting. 6.2. City of Costa Mesa. Identify permit requirements at the 50 percent design submittal. HDR's fee assumes that traffic control plans and a permit from the City will be required for this project. Permit applications will be prepared and submitted at the 90 percent submittal. The agency comments will be incorporated into the 100 percent complete submittal. A total of 8 man-hours to acquire the permit is assumed, which includes one City of Costa Mesa meeting. 6.3. Traffic Control. Traffic control plans A411 be prepared in accordance with the latest "WATCH" manual, Caltrans Traffic Manual, and the City of Newport Beach requirements by our subconsultant, Traffic Control Engineers, at the City's request. After preliminary pipe alignment has been approved by the City, traffic control plans will be prepared in 1 " =40` scale using AutoCAD. Traffic control concept plans will be prepared showing the proposed construction staging, number of lanes to be maintained, work hours, duration of each phase, construction area dimensions; etc. After the City approves the traffic control concept plan, final traffic control plans will be prepared and will show the following items: • Existing roadway and striping layout • Proposed pipeline locations • Traffic control devices — cones, signs, delineators, arrow boards, barricades, k- rails, crash cushions, etc. • Traffic control notes, legend, and work hours • Typical cross section of work area • Construction zone dimensions FM professional AWy7-7 engineering services for the • Submittals will be maue w the C.i:) at 56 percent, 90 percent. 100 percent, and a final review set. upon approval of the final review set; HDR will prepare the final mylar drawings for signature. The Cin's comments will be incorporated into each subsequent set of plans. Three sets of contract documents and cost opinion will be made for each submittal. At a m nimum each submittal shall contain the following information: 50 percent submittal. Preliminary title sheet, base plan and profile sheets, preliminary connection details and appropriate section details. Submittal shall also include preliminary quantities and a cost opinion. 90 percent submittal. Final plans and complete specifications, and final a_uantities and a final cost opinion. 100 percent submittal. Final plans and specifications, final quantities and cost opinions. • Final submittal. Final plans and specifications, and revised final quantities and cost opinions. Final n ylars and electronic files. One set of original mylars and copy ready specifications. An electronic set of drawings will also be submitted in AutoCAD format. 5.3. Specifications. The specifications portion of the contract documents will consist of currently approved City front -end documents and general conditions. HDR will prepare a bid form, special provisions, and technical specifications for the project based on a CSI format. A set of specifications will be submitted with each submittal as defined in Task 5. 5.4. Cost Opinion. The HDR cost estimating team will prepare quantities and construction cost opinions in support of each submittal. Task 6 — Permits 6.1. Caltrans Permit. Identify permit requirements •at the 50 percent design submittal. HDR's fee assumes that traffic control plans and a permit from Caltrans will be required for this project. Permit 040221-042)0305 project applications will be prepared and submitted at the 90 percent submittal. The agency comments will be incorporated into the 100 percent complete submittal. A total of 16 roan -hours to acquire the permit is assimmed, which includes one Caltrans meeting. 6.2. City of Costa Mesa. Identify permit requirements at the 50 percent design submittal. HDR's fee assumes that traffic control plans and a permit from the City will be required for this project. Permit applications will be prepared and submitted at the 90 percent submittal. The agency comments will be incorporated into the 100 percent complete submittal. A total of 8 man-hours to acquire the permit is assumed, which includes one City of Costa Mesa meeting. 6.3. Traffic Control. Traffic control plans A411 be prepared in accordance with the latest "WATCH" manual, Caltrans Traffic Manual, and the City of Newport Beach requirements by our subconsultant, Traffic Control Engineers, at the City's request. After preliminary pipe alignment has been approved by the City, traffic control plans will be prepared in 1 " =40` scale using AutoCAD. Traffic control concept plans will be prepared showing the proposed construction staging, number of lanes to be maintained, work hours, duration of each phase, construction area dimensions; etc. After the City approves the traffic control concept plan, final traffic control plans will be prepared and will show the following items: • Existing roadway and striping layout • Proposed pipeline locations • Traffic control devices — cones, signs, delineators, arrow boards, barricades, k- rails, crash cushions, etc. • Traffic control notes, legend, and work hours • Typical cross section of work area • Construction zone dimensions FM o professional ineering services for the Task ; — Biaalrlg'%ssisiance 7.1. Pre -Bid Meeting. The HDR Project Manager will attend the pre -bid conference conducted by the City and a pre -bid field visit; and provide project background information, if necessary. 7.2. Bidder Inquiries and Addendum. HDR will respond to bidder inquiries and written questions during the bid period. One addendum will be prepared as required to update plans and specifications based on issues that arise during the bidding period. Task 8 — Design Services during Construction 8.1. Requests for Information. HDR will respond in a timely manner to RFIs prepared by the contractor and submitted to the City. Clarifications and interpretations of the contract documents will be issued to the City as appropriate for the orderly completion of the work. The clarifications and interpretations will be consistent with the intent of the contract documents. 8.2. Shop Drawing Review. Equipment and material shop drawings and submittals submitted by the contractor will be reviewed and evaluated to determine if they conform to the design concepts and to comply with the contract documents. HDR will also review and evaluate contractor equipment and material substitution requests to determine if they are acceptable. 8.3. Record Drawings. HDR will prepare a recorc set of drawings based on the information provided by the contractor and/or the City. The record drawings will show the changes made during construction as recorded by the contractor and the City 's construction management team. Final drawings will consist of one set of original record drawings on mylar suitable for making reproductions, and an electronic file of the record drawings in AutoCAD. 8.4. Change Order Assistance. HDR will assist the City in assessing the legitimacy of extra work claims 040221 - 042)03-05 project• submitted by the contractor and determine if the value of the affected work is reasonable. Assistance will be provided in the negotiation and processing of construction change orders by the City. Task 3 — Subsurface investioation Geotechnical investigation will include the following tasks: • Project coordination and planning, including permit acquisition, and scheduling the subsurface exploration. • Review of readily available background materials, including published geologic maps and literature, in -house information, stereoscopic aerial photographs, and reports and/or plans provided by the client. • Perform a site reconnaissance to locate proposed borings for utility clearance, and coordinate with Underground Services Alert for underground utility location. • Subsurface exploration will consist of three • small diameter borings to depths of approximately 10 feet along the pipeline. The borings will be continuously logged by our representative and relatively undisturbed and bulk samples mill be obtained at selected intervals from the borings for laboratory testing. • Laboratory testing of representative soil samples will include evaluation of in -situ moisture and density, sieve analysis, maximum density, shear strength and soil corrosivity. • Data compilation and engineering analysis of the information obtained from our background review, subsurface evaluation, and laboratory testing. Our engineering analyses and recommendations will include: • Suitability of the proposed construction from a geotechnical perspective. • Description of the site geology and on -site soils anticipated during construction, including an evaluation of potential geologic hazards and trench conditions that may • impact the construction and/or pipeline performance. fq professional a 3�e engineerinq services for the • • Excavation and compaction requirements, including suitabilit}' of the on -site soils for trench backfill. • Evaluation of the depth to groundwater; if encountered. • Analysis of the temporary, stability of the trench excavations and appropriate shoring. • Evaluation of pipeline bedding and pipe zone materials to be used for the projects. • Evaluation of the-corrosion potential of on- site soils. • Preparation of a geotechmcal report presorting our findings, conclusions, and recommendations for pipeline design and construction. Assumptions The following assumptions have been made for geotec'nnical services: • Site access will be granted and truck- mounted drilling equipment will be able to mobilize to the • proposed drilling locations. • Drill cuttings may be used to backfill the exploratory borings. • HDR will not be responsible for utilities not shown on the plans nor marked out by Underground Service Alert. • N &M's evaluation will not include any sampling, testing, or chemical analysis of hazardous materials, should they be encountered along the alignment. Assumptions The following assumptions are included in HDR's scope of work and fee estimate: • The City will provide applicable record drawings and sample contract documents from previous projects to FIDR • The City will provide appropriate design criteria and preferred material requirements to HDR. • The City will provide printing, photocopying, • and other related services through the City =s reproduction company. PIDR will coordinate project printin_ requests through the Cin's Project Manager. • The Cite will v proide forms for _first and second utilin notices _ • The City- will prepare the required environmental documentati on. • City will take dominant role in acquiring permits from Caltrans and City of Costa Mesa. • The City will advertise for construction bids and prepare the bid summary. • The City will print final plans, specifications; and all addenda. • The City has performed the required hydraulic modeling to confirm the pipe sizes. • Potholing of critical facilities will not be performed'oy I=IDR. Potholing can be performed by owners of utilities, or City crews. ) DR will sutvev the depth and location of the potholed utilities. H W'UR :.TfNGW".O Svommei Pmwsais and Q.nfioni.'I� Proposais'3 Wazekb0221 -0:1 Ncwpor, beac'o. ]rvinc Ave 54azc rrv�.mdsnonGnduss Via. 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STANDARD CHARGES FOR PROFESSIONAL SERVICES Effective ,January 1, 2005 !A\ -ZOI:7 Exhibkt B Title `Hourly Rate - 5 Sr. Company Officer 230-270 Company Officer 210-260 Senior Principal Engineer 200-240 Principal Engineer 180-215 Construction Manager 185-220 Senior Project Manager 165-185 Project Manager 145-170 Senior Engineer/ Planner/ Resident Engineer 130-150 Associate Engineer /Planner 100— 135 Assistant Engineer /Planner / Asst. Resident Engr. 95— 120 Staff Engineer /Planner 80— 100 Junior Engineer /Planner 70-95 Technician Manager/ Inspectors 95— 135 Senior Technician /Graphics Designer 75— 110 Technician /Graphics Designer . 75— 100 Assistant Technician /Graphics Designer 65-95 Junior Technician /Graphics Designer 55-80 Field Technicians 55-80 Administrative Manager 85-120 Senior Administrator 80-115 Administrator 75— 100 Assistant Administrator 65-90 Junior Administrator 50-70 Administrative Assistant 55-75 Word Processor 50-70 Secretary 45-65 Clerk 40-60 Junior Clerk 30-50 Intern 35-50 'Hourly rate includes employee direct salary, fringe benefits, overhead (FA.R.), and profit for services performed. EXPENSES In -House Expenses — Technology Charge (per labor hour) Vehicle Mileage (Per Mile) Photocopies (per copy) Plotting (per sq. ft.) Mylar $3.00 Vellum $1.00 Outside Expenses - At Cost Plus 15% Hired Services - Subconsuitants, typing services, etc. $ 4.10 $ .405 $ .10 Color $2.00 Bluelines $1.00 Miscellaneous Supplies - Publications, printing, equipment rental, etc.