HomeMy WebLinkAboutC-2552(A) - Engineering Service for Upper Newport Bay Water Transmission Main Replacementi/
TO: FINANCE DIRECTOR
Public Works
FROM: CITY CLERK
DATE: December 17, 1985
CITY OF NEWPORT BEACH
SUBJECT: Contract No. C- 2552(A)
OFFICE OF THE CITY CLERK
(714) 640 -2251
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Description of Contract Professional Engineering Services Agreement
for Final Design of the Upper Newport Bay Water Transmission Main
Replacement
Effective date of Contract December 10, 1985
Authorized by Minute Action, approved on December 9, 1985
Contract with Kenneth I. Mullen
Address Consulting Engineers, Inc.
629 Camino de Los Mares
San Clemente. CA 92672
Amount of Contract (See Agreement)
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Wanda E. Andersen
City Clerk
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attach.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
FOR FINAL DESIGN
OF THE UPPER NEWPORT BAY WATER TRANSMISSION MAIN REPLACEMENT
THIS AGREEMENT is made and entered into this 100 day of December ,
1985, by and between the CITY OF NEWPORT BEACH, a municipal corporation,
hereinafter referred to as "CITY," and the firm of KENNETH I. MULLEN, CONSULTING
ENGINEERS, INC., a California corporation, hereinafter referred to as
"ENGINEER."
WITNESSETH:
WHEREAS, the water transmission main in question is a significant part
of the City of Newport Beach water distribution system; and
WHEREAS, that water main is presently broken and not in service and
must be replaced in order to insure proper continued water deliveries to the
citizens of Newport Beach; and
WHEREAS, ENGINEER has submitted a proposal dated November 25, 1985, for
engineering and design of a replacement for the 24- inch- diameter pipeline
crossing beneath the Upper Newport Bay with all related facilities and appur-
tenances hereinafter referred to as "PROJECT "; and
WHEREAS, CITY desires to accept said proposal;
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
do agree as follows:
I. GENERAL
A. CITY engages ENGINEER to perform the described services for the
consideration hereinafter stated.
B. ENGINEER agrees to perform said services in accordance with the
terms and conditions hereinafter set forth.
C. ENGINEER agrees that all services required hereunder shall be
performed under his direct supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under State and
local law to perform such services. ENGINEER shall not sublet, transfer or
assign any work except as otherwise provided for herein or as authorized in
advance by CITY.
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II. SERVICES TO BE PERFORMED BY ENGINEER
The specific duties required of ENGINEER to complete the design of
PROJECT are as follows and ENGINEER agrees to perform these duties for the con-
sideration hereinafter stated:
A. Prepare a bound design report for PROJECT. Said report shall
provide a discussion of PROJECT background, its history and a summary of the
PROJECT need. All of the relevant design parameters shall be discussed. Key
topics considered relevant to the design and to be included in the report are as
follows:
1. Operational and Design Duty Requirements of the Pipeline
a. There should be discussion of the operating pressures,
flow rates and pipeline transients.
b. Comment on how the line fits into the distribution
system and consider present and future system requirements.
c. Minimum PROJECT design life shall be 50 years.
ENGINEER may determine that a longer design life is appropriate.
2. Cost and Pipeline Materials Analysis
a. Make a detailed comparative analysis of various
pipeline materials and discuss the suitability of those materials for use on
this PROJECT. A present worth analysis should be performed.
b. Comment on the ability of the material considered to
withstand any probable adverse conditions, its corrosion resistance, significant
maintenance considerations, and its practicality for installation.
c. Note that a section of the existing pipeline was
replaced with approximately 109 linear feet of salvageable ball joint ductile
iron pipe. This was used to repair a previous main break.
d. Consider the costs of a cathodic protection system,
j protective coatings or linings or pipeline encasement where appropriate.
3. Geotechnical Report and Site Geology
a. Provide information about the site geology, soil
characteristics and topography and discuss their relevance to design.
b. Discuss the need for field soils testing, boring logs
and /or other geotechnical sampling. Define the required testing and data needed
for design and make appropriate recommendations. If no testing is recommended,
the report should so state.
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c. If testing is deemed necessary by ENGINEER and such
testing is performed, report on the results of same and make appropriate
detailed recommendations.
d. Provide information and recommendations about submarine
pipe bedding. Specific comments /recommendations are to be made on:
(1) Channel bottom scour and sediment transport.
(a) Due to tidal flows.
(b) Due to storm flows.
(c) A combination of both tidal and storm flows.
(2) Lateral pipe support or hold down, if necessary.
(3) Submarine pipe bedding and scour mitigation
measures, if necessary.
B. Prepare detailed construction plans and specifications. Said
plans and specifications shall be suitable for use in bidding the PROJECT and
for field use during the actual field construction. The specific requirements
are outlined as follows:
1. Provide a project title sheet with location and vicinity
map. Detailed general and construction notes may be placed on this sheet.
2. Provide detailed plan and profile sheets covering the
entire project length. Said plans shall use a plan scale of 1" = 40'. The
vertical (profile) scale may be 1" = 4' or 1" = 8' as may be appropriate for
the project topography, but the former is highly preferable and shall be pro-
vided where at all practical.
The bounds of these drawings should extend beyond the
actual limits of construction to include all valves and fittings pertinent to
shutdown and pipeline isolation. Plans should also show concise tie -in and
pipeline appurtenance locations. Details shall be provided where applicable.
3. Provide plan only sheets for construction and tie -in
details, fittings and fabrication dimensioning and for pipeline appurtenances
such as air- vacuum release valves, blowoffs, flushouts, test plugs, etc.
Detail scales shall be as deemed appropriate by ENGINEER.
a. All tie -ins and pipeline appurtenances shall be con-
cisely detailed showing all fittings with callouts and dimensions.
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4. Provide a plan view showing the project staging or assembly
location. Scale shall be 1" = 40'. The area on the westerly side of the bay
bounded by Pacific Coast Highway (PCH) and Dover Drive is a likely area for this
activity and is recommended.
5. Provide any small plans, sketches, or exhibits needed to
process the various PROJECT permits.
6. All plans shall be drawn with ink on mylar. The standard
sized, 22" x 36 ", blank plan sheets, plan and profile sheets, and City title
sheet mylars will be supplied to ENGINEER at no charge by CITY. The most
current booklet of standard drawings and design criteria are available from the
clerk at the Public Works counter in City Hall and shall be incorporated into
the plans where appropriate.
a. Plans and /or sketches for permit exhibits may be drawn
on smaller sheets. This work shall be at the discretion of the Project Engineer
for CITY.
7. A complete set of construction specifications is to be pre-
pared by ENGINEER. The specifications shall cover all aspects of the PROJECT
including materials, application and use of same, as well as construction
methods.
a. The use of various standard specifications is recom-
mended. The City has adopted the 1985 edition of the "Standard Specifications
for Public Works Construction" (A.K.A. "The Green Book ") for use on all
construction projects. It shall be used, but articles may be modified where
appropriate.
b. The use of AWWA and ANSI specifications are required
for pipeline materials and fittings as well as for linings, coatings and pipeline
encasement.
c. Where cathodic protection is required, if at all,
N.A.C.E. standards shall be used.
d. Where the preparation of metalic or steel surfaces is
required for application of coating materials, S.S.P.C. specifications shall be
used,
C. A complete set of contract documents shall be prepared by
ENGINEER. Documents shall be in a sufficient form for mailing as bid packages.
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1. ENGINEER shall provide 20 sets of completed contract docu-
ment packages for bidding purposes.
I
a. Said packages shall include all construction plans,
detailed specifications and standard document forms.
(1) Copies of the standard bonding, insurance and con-
tract document forms will be provided to ENGINEER by CITY.
2. ENGINEER shall prepare a detailed ENGINEER's estimate of
materials and costs for use in the public bid invitation and for budgetary
purposes.
D. Additional services to be provided by ENGINEER as part of this
contract include but are not limited to the following:
1. ENGINEER shall provide assistance as needed during
construction regarding interpretation and application of the construction plans
and specifications.
2. ENGINEER shall provide a limited amount of general super-
vision during construction if it is so requested by CITY. Detailed inspection
shall be the sole responsibility of CITY.
3. ENGINEER shall provide assistance during the final inspec-
tion and during the testing of the completed facility.
4. ENGINEER shall correct the original mylar construction
drawings to reflect "as- built" conditions upon completion of PROJECT construction
and shall deliver same to CITY when revisions are complete.
III. DUTIES OF CITY
services:
approval.
CITY agrees to provide the following information, materials and
A. All environmental documentation required to obtain PROJECT
B. All work necessary to obtain permits from the U.S. Coast Guard,
the California Coastal Commission, the U.S. Army Corps of Engineers, and the
California Regional Water Quality Control Board, except for those exhibits,
drawings and sketches to be provided by ENGINEER and mentioned herein above.
C. Execute a separate contract with a soils engineer to provide a
geotechnical investigation and soils sampling and provide design data and make
same available to ENGINEER for his use in preparation of the design report and
the engineering drawings.
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1. Provided that ENGINEER has made written recommendations to
CITY that this work is necessary for proper design.
D. Provide all standard mylar, plan and profile sheets necessary
for completing the engineering drawings.
E. Provide all information, materials, data, reports, plans and
maps as are existing and available that may be necessary for carrying out the
work outlined herein.
F. Provide all personnel and equipment as may be required to
pothole, survey, locate and measure the existing facilities and improvements in
the vicinity of PROJECT.
IV. TIME OF COMPLETION
All services to be performed by ENGINEER, as outlined herein above,
necessary and prerequisite to CITY's advertising an invitation for public
bidding of PROJECT shall be completed within sixty (60) calendar days of the
date of execution of this Agreement.
ENGINEER shall present the design report and preliminary engi-
neering drawings to CITY for review no later than forty -five (45) calendar days
from the date of execution of this Agreement.
V. OWNERSHIP OF DOCUMENTS
Original drawings, reports, notes, maps and other documents
relating to the plans shall become the exclusive property of CITY and may be
reproduced as deemed necessary by the City Engineer or his duly authorized
representative. No report, drawing, map, document or other data given to or
prepared or assembled by ENGINEER pursuant to this Agreement shall be made
available to any individual or organization by ENGINEER without prior written
approval by CITY. CITY agrees to hold harmless and indemnify ENGINEER against
all damages, claims and losses arising out of any re -use of the plans and speci-
fications by CITY.
VI. RIGHT OF TERMINATION
A. CITY reserves the right to terminate this Agreement at any time
by giving ENGINEER seven (7) days' prior written notice. Notice shall be deemed
served when delivered personally or upon deposit in the United States mail,
postage prepaid, addressed to the ENGINEER's business office at 629 Camino de
Los Mares, San Clemente, California 92672.
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B. In the event of termination due to errors, omissions, or negli-
gence of ENGINEER, CITY shall be relieved of any obligation to compensate
ENGINEER for that portion of work affected by such errors, omissions, or
negligence of ENGINEER. If this Agreement is terminated for any other reason,
CITY agrees to compensate ENGINEER for the actual services performed up to the
effective date of the Notice of Termination, on the basis of the fee schedule
contained herein.
VII. PAYMENT AND FEE SCHEDULE
A. In consideration for the performance of the specified services,
CITY hereby agrees to compensate ENGINEER a lump sum fee not to exceed the
amount of Twenty -one Thousand Five Hundred Dollars ($21,500).
B. The contract amount shall be paid in monthly partial payments
based on billing for hours expended and costs incurred during the preceding
month. Billings submitted shall be based on the FEE SCHEDULE set forth below.
C. CITY agrees to reimburse ENGINEER for the actual cost of repro-
duction of copies of plans and related documents and other expenditures
authorized in advance by CITY at the rate of cost plus Fifteen Percent (15 %).
D. CITY shall remit payments to ENGINEER within thirty (30) days
after receipt of ENGINEER's invoice. Invoice shall include classifications of
personnel, dates and hours worked in the performance of services specified in
Section II herein above.
E. FEE SCHEDULE
lassification
Principal
Senior Engineer
Engineer
Registered Sanitarian
3 -Man Survey Crew
2 -Man Survey Crew
Computer with Operator
Designer
Draftsman
Secretary
Resident Engineer
Mileage
Subcontracted Services
VIII. ADDITIONAL SERVICES
Rate per Hour
85.00
75.00
62.50
46.00
100.00
82.00
60.00
42.00
39.00
22.00
34.50
.30
Cost + 15%
No change in character, extent, or duration of the work to be per-
formed by ENGINEER shall be made without prior written approval from CITY. In
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consideration for performance of additional services authorized by CITY in
writing, CITY hereby agrees to compensate ENGINEER an amount based upon the
hourly rate shown in the FEE SCHEDULE hereinabove; except that an increase in
the total compensation exceeding Two Thousand Five Hundred Dollars ($2,500)
shall require that an amendmended agreement for such additional services be
executed by the ENGINEER and CITY.
IX. RECORDS
ENGINEER shall maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by CITY that
relate to the performance of the services under this contract. All such records
shall be maintained in accordance with generally accepted accounting principles
and shall be clearly identified and readily accessible. ENGINEER shall provide
free access to the representatives of CITY or its designees at all proper times
to such books and records, and gives the CITY the right to examine and audit
same, and to make transcripts therefrom as deemed necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to
this Agreement.
X. INSURANCE
A. On or before the date of commencement of the term of this
Agreement, ENGINEER shall furnish the CITY with certificates showing the type,
amount, class of operations covered, effective dates and dates of expiration of
insurance policies. Such certificates which do not limit ENGINEER's indem-
nification, shall also contain substantially the following statement: "The
insurance covered by this certificate may not be cancelled or materially
altered, except after Ten (10) days' written notice has been received by CITY."
B. ENGINEER shall maintain in force at all times during the per-
formance of this Agreement policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "A" (or higher) and Financial Size Category Class VIII
(or larger) in accordance with an industry -wide standard and licensed to do
insurance business in the State of California.
1. An appropriate industry -wide insurance rating standard
shall be deemed "BEST'S KEY RATING GUIDE," latest edition.
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ages:
C. ENGINEER shall maintain the following minimum insurance cover-
Liability Insurance
General liability coverage in the following minimum limits:
Bodily Injury
Property Damage
$250,000 each person
$500,000 each occurrence
$500,000 aggregate
$100,000 each occurrence
$250,000 aggregate
A combined single limit policy with aggregate limits in the
amount of $1,000,000 will be considered equivalent to the required minimum
limits.
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils
for which it has agreed to provide insurance, ENGINEER shall look solely to its
insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any
insurer providing insurance to either ENGINEER or CITY with respect to the ser-
vices of ENGINEER, a waiver of any right of subrogation which any such insurer
of said ENGINEER may acquire against CITY by virtue of the payment of any loss
under such insurance.
E. Failure to Secure
If ENGINEER at any time during the term of this Agreement,
should fail to secure or maintain the foregoing insurance, CITY shall be per-
mitted to obtain such insurance in the ENGINEER's name or as an agent of
ENGINEER and shall be compensated by ENGINEER for the costs of the insurance
premiums at the maximum rate permitted by law computed from the date written
notice is received that the premiums have been paid.
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F. Additional Insured
CITY, its City Council, boards and commissions, officers,
agents, servants and employees shall be named as an additional insured under all
insurance policies required under this Agreement. The naming of an additional
insured shall not affect any recovery to which such additional insured would be
entitled under this policy if not named as such additional insured; and an addi-
tional insured named herein shall not be held liable for any premium or expense
of any nature on this policy or any extension thereof. Any other insurance held
by an additional insured shall not be required to contribute anything toward any
loss or expense covered by the insurance provided by this policy. Proceeds from
any such policy or policies shall be payable to CITY primarily, and to ENGINEER
secondarily, if necessary.
XI. WAIVER
A waiver by CITY 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.
XII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or
for damages by reason of an alleged breach of any provisions of this Agreement,
the prevailing party shall be entitled to receive from the losing party all
costs and expenses in such amount as the court may adjudge to be reasonable
costs of litigation.
XIII. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of
every kind or nature whatsoever between the parties hereto and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein. No
verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both CITY and ENGINEER.
XIV. HOLD HARMLESS
ENGINEER shall indemnify and hold harmless CITY, its City Council,
boards and commissions, officers, agents, servants, and employees from and
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against any and all loss, damages, liability, claims, suits, costs and expenses,
whatsoever, including reasonable costs of litigation, regardless of the merit or
outcome of any such claim or suit, arising from or in any manner connected to
ENGINEER's errors, negilgent acts, omissions, or work conducted pursuant to this
Agreement or arising from or in any manner connected to persons firms or cor-
porations furnishing or supplying work, services, materials, equipment or
supplies thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date first above written:
ROVED AS TO F RM:
D;frol'Korade, Assistant City Attorney
ATTEST:
i
Wanda Raggio, City Cle
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
(714) 644 -3311
CITY OF NEWPORT BEACH,
a Municipal — Corporation
By
FatrertA Wynn, City Manager
p x. Wrew,
KENNETH I. MULLEN
CONSULTING ENGINEERS, INC.
By
Kenneth I. Mullen, Principa
Kenneth I. Mullen, Consulting Engineers, Inc.
629 Camino de Los Mares
San Clemente, CA 92672
(714) 240 -0207
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• . December 9, 1985 ( 2,!
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
TO: CITY COUNCIL C - �, -71 (1q)
• FROM: Public Works Department
SUBJECT: ENGINEERING SERVICES AGREEMENT FOR DESIGN OF THE UPPER NEWPORT BAY
WATER TRANSMISSION MAIN REPLACEMENT (C- 2552)(A)
RECOMMENDATIONS:
Approve the subject agreement with Kenneth I. Mullen, Consulting
Engineers, Inc.; and authorize the Mayor and the City Clerk to exe-
cute the document.
DISCUSSION:
Included in the Water Fund portion of the current capital projects
budget is an appropriation of $30,000 for preparation of plans and specifica-
tions for replacement of the existing 24- inch - diameter Upper Bay water main
crossing northerly of Coast Highway. This line is now 57 years old, has a
recent history of leaks, and the location is not compatible with proposed future
channel dredging projects.
is Proposals for the necessary engineering services have been received
from Kenneth I. Mullen Consulting Engineers, Inc. and from David A. Boyle
Engineering, Inc. Both firms are qualified to perform the work. Acceptance of
the Mullen proposal is recommended based on somewhat better experience with
similar projects, ability to perform the work more quickly, and a lower fee.
Compensation will be based on standard hourly rates, with a stipulated
maximum fee of $24,500. The services to be provided include geotechnical
investigation; ascertaining requirements of the Corps of Engineers and other
permitting agencies; and preparation of the plans, specifications, and cost
estimate.
The estimated construction cost -for the water main replacement proj-
ect, to be budgeted at a later date, is $450,000.
A finding has been made that the project is "categorically exempt"
pursuant to Sections 21083, 21084, and 21089 of the California Environmental
Quality Act. �/J o
S 42,, / 4".- �.
• Benjamin B. Nolan
Public Works Director
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
DEC 91935
APPROVED