HomeMy WebLinkAboutC-2961(C) - 16th Street Reservoir/Pump Station, Professional Services, construction management0
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TO: Mayor & Members of the City Council
FROM: Public Works Department
August 26, 1996
CITY COUNCIL AGENDA
ITEM NO. l o
SUBJECT: AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS FOR
GEOTECHNICAL, ENGINEERING AND CONSTRUCTION
MANAGEMENT SERVICES FOR THE 16TH STREET RESERVOIR
AND PUMP STATION AS PART OF THE GROUNDWATER
DEVELOPMENT PROJECT
RECOMMENDATIONS:
If desired, authorize the Mayor and the City Clerk to execute
amendments to the original Professional Services Agreements, on
behalf of the City, with the following firms:
1. Converse Consultants Orange County (C- 3004 -A)
2. Carollo Engineers (C- 3004 -P)
3. Daniel Boyle Engineers, Inc. (C- 2961 -C)
The City of Newport Beach previously approved several professional services
agreements with the geotechnical, consulting engineering and construction
management firms listed above, to design facilities and monitor construction
activities for the various components of the Groundwater Development Project
at the 16th Street Reservoir and Pump Station site.
During the course of construction of the 16th Street Reservoir & Pump Station,
changes in the scope of the project have slowed the completion of the facility.
These changes include redesign of the disinfection facility at the 16th Street
Pump Station, contractor materials delay, extra earthwork and unforeseen field
conditions. The added contract time has extended the Reservoir completion
date from May 1996 to January 1997. Geotechnical work and construction
management have continued to be required during the time extension. The
scope of work for the original consultant contracts did not anticipate the time
extension. The agreement amendments provide for the services necessary to
complete the project. The added costs for these amendments were included in
the revised Groundwater Development Project cost estimate that was presented
at the August 12, 1996, City Council meeting and do not increase the overall
cost of $23.7 million.
August 26, 1996 - Page 2
Amendments to Professional Services Agreements
Groundwater Development Project
DISCUSSION: 0
Converse Consultants Orange County has been the geotechnical engineering
firm for the 16th Street Reservoir and Pump Station. In addition, they have
provided field monitoring services for Reach Nos. 2, 3, Utilities Yard
Improvements and the well sites. The amendment to Converse Consultants
agreement will allow for the geotechnical services to complete the 16th Street
facilities and Reach 3. In addition, because of Converse's current experience
with the Utilities Yard and Reach 3, additional services were requested for the
completion of the final Utilities Yard Improvements and Reach Nos. 3a and 3B.
The hourly rates for services approved in the original agreement by City
Council on April 28, 1994, will remain in effect for this amended work effort.
Carollo Engineers is the design consultant for the 16th Street Pump Station
and has performed a series of additional design and structural services related
to the redesign of the pump station's disinfection facility and its piping. The
effort originally envisioned for the design /build approach to the redesign was
considerably less than what was required. The original envisioned redesign
effort was to take no more than three months to complete. Because of several
required design modificaations to the electrical, telemetry, structural,
mechanical and architectural components of the pump stations that were
included in this redesign, the consultant's effort took almost nine months. The
consultant was asked to include additional design /construction services for the
installation of the revised disinfection facility. The hourly rates for services .
approved in the original agreement by City Council on September 25, 1995, will
remain in effect for the amended work effort.
Daniel Boyle Engineering, Inc., is the construction management firm for the
installation of the 16th Street Reservoir and Pump Station. The redesign of the
disinfection facility associated with the Pump Station has caused the contract
to extend beyond the original project completion date of May 1996. This
amendment to Daniel Boyle Engineering's original agreement will allow the
construction manager to continue their efforts for the remaining six months of
construction. The firm has provided construction management, inspection and
resident engineering services during the first eighteen months of the project.
The hourly rate for services approved in the original agreement by City Council
on January 9, 1995, will remain in effect for the amended work effort.
The proposed services will be performed under an amendment to the individual
Professional Services Agreements which provide the required services that are
summarized as follows:
GROUNDWATER DEVELOPMENT PROJECT - GEOTECHNICAL
INVESTIGATION & FIELD CONSTRUCTION MONITORING
CONSULTANT: Converse Consultants Orange County
TERM: Extended to July 1997
FEE: Original contract fee, including two change orders, was
$215,400 and the amended contract fee is $101,800, for
a total fee of $317,200.
SERVICES: Geotechnical Investigation and Construction Services
August 26, 1996 - Page 3
Amendments to Professional Services Agreements
Groundwater Development Project
• 2. GROUNDWATER DEVELOPMENT PROJECT - PROFESSIONAL
ENGINEERING AND CONSTRUCTION SERVICES FOR 16TH STREET
PUMP STATION
CONSULTANT: Carollo Engineers
TERM: Extended to January 1997
FEE: Original contract fee was $113,531 and the amended
contract fee is $50,600, for a total fee of $164,131.
SERVICES: Engineering and Construction Support Services
3. GROUNDWATER DEVELOPMENT PROJECT - CONSTRUCTION
MANAGEMENT SERVICES FOR 16TH STREET RESERVOIR & PUMP
STATION
CONSULTANT: Daniel Boyle Engineering, Inc.
TERM: Extended to January 1997
FEE: Original contract fee was $253,090 and the amended
contract fee is $140,700, for a total fee of $393,790
SERVICES: Construction Management Services
Funds for these capital project related services are available in the Water Fund
under Capital Projects account numbers 7504- C5500094 and 7504- C5500095.
Staff recommends approval of the amendments to the professional services
agreements.
• Respectfully submitted,
(od
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Mic ael J. Sinacori, P.E.
Utilities Engineer
Attachments: Amendments to Professional Services Agreement for
Converse Consultants Orange County
Carollo Engineers
Daniel Boyle Engineering, Inc.
MJS:sdi
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Original Professional Services Agreements for
Converse Consultants Orange County
Carollo Engineers
Daniel Boyle Engineering, Inc.
AMENDMENT NO.1 •
PROFESSIONAL SERVICES AGREEMENT
Geotechnical Investigation & Materials Testing
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as "City ") and Converse Consultants, Orange
County, a California corporation (hereinafter referred to as "Consultant") is made with
reference to the following:
RECITALS:
A. On May 12, 1995, a Professional Services Agreement was entered into by
and between City and Consultant, hereinafter referred to as "Agreement ".
B. City and Consultant mutually desire to amend the Agreement to provide
for additional services not required in the Agreement and an increase in compensation. •
NOW THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to Consultant to cover
geotechnical investigation and materials testing services performed during the term of
the Agreement is $185,700. The fee shall be increased by $101,800, to cover the cost
of additional services described in this AMENDMENT NO. 1. The revised maximum fee
is $317,200, which includes two (2) previously approved change orders of $25,000 and
$4,700.
2. The term of this Agreement, is not to extend beyond July 1, 1997.
3. The standard hourly rates established for Agreement shall continue in
effect and shall be unchanged through July 1 1997.
4. Consultant agrees to provide the following additional services:
a. Continued meetings with City staff as necessary during
construction of the City initiated Pump Station re- design,
construction of the Reach No. 3, Reach Nos. 3A & 3B pipelines, •
Fountain Valley Well Sites and the completion of the Utilities Yard
Improvements.
AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as "City ") and Daniel Boyle Engineering, Inc., a
California corporation (hereinafter referred to as "Consultant') is made with reference to
the following:
RECITALS:
A. On March 1, 1995, a Professional Services Agreement was entered into
by and between City and Consultant, hereinafter referred to as "Agreement'.
B. City and Consultant mutually desire to amend the Agreement to provide
for additional services not required in the Agreement and an increase in compensation.
NOW THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to Consultant to cover
construction manager services performed during the term of the Agreement is
$253,090. The fee shall be increased by $140,700, to cover the cost of additional
services described in this AMENDMENT NO. 1.
2. The term of this Agreement, is not to extend past December 31, 1996.
3. The standard hourly rates established for Agreement shall continue in
effect and shall be unchanged through December 31, 1996,
4. Consultant agrees to provide the following additional services:
a. Continued meetings with City staff as necessary during the
construction of the City initiated re- design of the Pump Station.
b. Field Monitoring and Inspections during the completion of the
Reservoir and Pump Station.
i
Amendment No. 1
Professional Services Agreement
Daniel Boyle Engineering, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written.
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
City of Newport Beach,
a municipal corporation
Mayor
City
DANIEL BOYLE ENGINEERING, INC.,
a Califs corporation_
Hooker, J /../P.E., Vice
Amendment No. 1
Professional Services Agreement
Converse Consultants
• b. Field Monitoring and Inspection Services during the remaining
portions of the Reservoir and Pump Station, pipeline reaches,
construction at the Tamura School and Dolphin Avenue Well Sites
and completion of the Utilities Yard Improvements.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written.
• APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
•
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
City
CONVERSE CONSULTANTS,
a California corporation
Thomas Scheil, P.E., Vice President
Consultant
AMENDMENT NO.1 •
PROFESSIONAL SERVICES AGREEMENT
16th Street Pump Station Design
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as "City ") and Carollo Engineers, a Partnership
(hereinafter referred to as "Consultant') is made with reference to the following:
RECITALS:
A. On November 13, 1995, a Professional Services Agreement was entered
into by and between City and Consultant, hereinafter referred to as "Agreement'.
B. City and Consultant mutually desire to amend the Agreement to provide
for additional services not required in the Agreement and an increase in compensation.
NOW THEREFORE, the parties hereto agree as follows: •
1. The maximum fee to be paid as compensation to Consultant to cover
engineering design services performed during the term of the Agreement is $113,531.
The fee shall be increased by $50,600, to cover the cost of additional services
described in this AMENDMENT NO. 1. The revised maximum fee is $164,131.
2. The term of this Agreement, is not to extend beyond January 31, 1997.
3. The standard hourly rates established for Agreement shall continue in
effect and shall be unchanged through January 31, 1997.
4. Consultant agrees to provide the following additional services:
a. Continued meetings with City staff as necessary during
construction of the City initiated Pump Station re- design.
b. Design and construction services as requested by the City including
cathodic protection, control systems and request for information
and /or clarifications from the contractor for the completion of the
Pump Station.
•
Amendment No. 1
Professional Services Agreement
Carollo Engineers
• IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
•
ATTEST:
LaVonne Harkless
City Clerk
•
2
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
City
CAROLLO ENGINEERS
a Partnership
G. William Knopf, Partner
Consultant
Allen C. Todd, Partner
Consultant
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AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT •
Construction Management Services
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this
day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as "City") and Daniel Boyle Engineering, Inc., a
California corporation (hereinafter referred to as "Consultant') is made with reference to
the following:
RECITALS:
A. On March 1, 1995, a Professional Services Agreement was entered into
by and between City and Consultant, hereinafter referred to as "Agreement'.
B. City and Consultant mutually desire to amend the Agreement to provide
for additional services not required in the Agreement and an increase in compensation. •
NOW THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to Consultant to cover
construction manager services performed during the term of the Agreement is
$253,090. The fee shall be increased by $140,700, to cover the cost of additional
services described in this AMENDMENT NO. 1. The revised maximum fee is $393,790.
2. The term of this Agreement, is not to extend beyond January 31, 1997.
3. The standard hourly rates established for Agreement shall continue in
effect and shall be unchanged through January 31, 1997.
4. Consultant agrees to provide the following additional services:
a. Continued meetings with City staff as necessary during the
construction of the City initiated re- design of the Pump Station.
b. Field Monitoring and Inspections during the completion of the
Reservoir and Pump Station.
Amendment No. 1
Professional Services Agreement
Daniel Boyle Engineering, Inc.
• IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
2
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
City
DANIEL BOYLE ENGINEERING, INC.,
a California corporation
Thomas B. Hooker, Jr., P.E., Vice President
Consultant
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•
RGREEMENT
FOR PROFESSIONAL SERVICES FOR
GEOTECHNICAL TESTING & INVESTIGATION
FOR
THE GROUNDWATER DEVELOPMENT PROJECT
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Coh- r&Ap -r rw.: C-3oo`r
THIS AGREEMENT is made and entered into this day of May, 1995, by
and between the City of Newport Beach, a municipal Corporation, hereinafter referred to
as "CITY ", and Converse Consultants Orange County, a California Corporation,
hereinafter referred to as "CONSULTANT"'.
WITHESSETH:
WHEREAS, "CITY" owns and operates a municipal water system and desires to
add a groundwater supply source and water facilities to deliver water more reliably to
its customers, and;
WHEREAS, "CITY ", as part of its goal to have a groundwater source, seeks to
install an underground concrete reservoir, a 24 cfs pump station and expand existing
facilities located at the Utilities Yard, construction of these improvements is hereinafter
collectively referred to as "PROJECT ", and;
WHEREAS, "CITY" requires field testing and inspection services during the
construction of the "PROJECT ", and;
WHEREAS, "CITY" desires to break "PROJECT" in to five (5) specific portions;
(A) Reservoir and Pump Station, (B) Reach #2 Pipeline Installation, (C) Reach #3
Pipeline Installation, (D) Dolphin Well Site, and (E) Tamura School Well Site, all
consisting of construction services and exploration, and;
WHEREAS, implementation of the "PROJECT" requires these services and
reports from a qualified geotechnical engineering professional. (These services and
reports are collectively referred to as "SERVICES "), and;
. WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT"
for performing these "SERVICES" and other incidental, but essential professional
services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and evaluated
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
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• NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required hereunder shall be
performed under their direct supervision, and all personnel engaged in the
work shall be fully qualified and authorized or permitted under State and local
law to perform such services. "CONSULTANT" shall not sublet, transfer or
assign any work except as otherwise provided for herein or as authorized in
advance by the "CITY ".
11. SERVICES TO BE PERFORMED BY CONSULTANT
A. "CONSULTANT" shall provide the necessary professional services to "CITY" to
complete the defined tasks associated with the "PROJECT ". Those tasks include
. the following:
1. Meetings with City staff
a. "CONSULTANT" shall keep "CITY" Project Manager apprised of the
progress being made by the "CITY's" contractor. Such appraisal shall
be made via telephone, in writing as appropriate and via meetings
mentioned herein below.
b. "CONSULTANT' shall meet with City staff on an as- needed basis.
2. Review Background Data
a. "CONSULTANT' shall, in an effort to relay relevant information to
their staff, review the pertinent background data obtained at meetings
with City staff and /or as provided by "CITY" during the course of the
"PROJECT ".
b. "CONSULTANT" is entitled to rely on materials provided by or through
"CITY" without independent evaluation by "CONSULTANT ".
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3. Reservoir and Pump Station - Construction Services •
a. Observation, testing and evaluation of the site during construction of
the reservoir and pump station.
i. Dirt removal
ii. Installation of the underdrain system
iii. Backfill
iv. Fine grading and subgrade preparation for the reservoir
hopper bottom
V. Contractor's dewatering methods
vi. Compaction of fill and backfill around reservoir and pump station
vii. Placement of gravel or aggregate base material
viii. Preparation of reports
ix. Evaluation of survey readings.
b. Concrete and Masonry Services
i. Review contractor's concrete mix
ii. Cast at least five (5) concrete cylinders for each 40 -150 cubic yards
of concrete placed
iii. Inspect CMU wall grout pours
iv. Compression testing of concrete cylinders after 7, 14, & 28 days
v. Compression of grout samples
vi. Curing of concrete cylinders by water submergence
vii. Prepare reports after each series of compression tests.
4. Reach No. 2 Pipeline Installation - Construction Services
a. Geotechnical Services
i. Field test compaction at vertical intervals of approximately two
(2) feet horizontal intervals of approximately 200 feet
u. Laboratory testing for sand equivalency of imported soils
iii. Evaluate the suitability of the pipe subgrade soils (thus assessing
the need for overexcavation of unsuitable soils)
iv. Evaluate suitability of excavated native materials to be used as
backfill at the reservoir site
v. Testing of imported backfill
vi. Prepare a report of test results, with evaluations, after each series
or group of tests
vii. Soils consultation during the course of construction.
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• 5. Reach No. 3 Pipeline Installation - Construction Services
a. Geotechnical Services
i. Field test compaction at vertical intervals of approximately two
(2) feet horizontal intervals of approximately 200 feet
ii. Laboratory testing for sand equivalency of imported soils
iii. Evaluate suitability of the pipe subgrade soils (thus assessing the
need for overexcavation of unsuitable soils)
iv. Evaluate suitability of excavated native materials to be used as
backfill at the reservoir site
V. Testing of imported backfill
vi. Prepare a report of test results, with evaluations, after each series
or group of tests
vii. Provide consulting services during construction.
6. Dolphin Well Site - Exploration & Construction Services
a. Design Phase
i.
Assemble and review geologic and boring information near the
site and note the proximity of pertinent geologic features
ii.
Perform site reconnaissance
iii.
Contact Underground Service Alert relative to the location of
existing utilities at the site in light of planned drilling program
iv.
Obtain permit, if necessary, prior to field drilling
V.
Drill one (1) boring to a depth of thirty feet within the project area
vi.
Perform Standard Penetration Tests
vii.
Locate and log all field exploration work, and obtain soil samples
for laboratory testing
viii.
Record the groundwater level in the boring, if present
ix.
Perform laboratory tests on soil samples obtained from the
exploration, tentatively including moisture content, density,
gradation, shear resistance, expansion and corrosivity tests (pH,
chlorine, sulfates and resistivity)
X.
Interpret and evaluate the field and laboratory data
xi.
Prepare an engineering report containing "CONSULTANT'S"
conclusions and recommendations on:
a)
b)
c)
d)
e)
f)
g)
40 h)
Site preparation and grading requirements
Excavatability of fill embankment soils
Acceptability of site soils for use as fill and backfill
Installation of utilities
Foundation types, depths and allowable soil bearing values
Anticipated settlement
Lateral earth pressures for retaining wall design
Pavement design.
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b. Construction Phase
40
i. Observation and testing during site grading
ii. Observation and testing during utility line backfilling and
compaction
iii. Laboratory testing, as necessary, tentatively including sand
equivalency, gradation, compaction, corrosivity, and "R" value
iv. Evaluate suitability of pipeline, footing and floor slab subgrade
soils
V. Field density testing during backfilling of the retaining wall and
building footings
vi. Providing consultation services, as necessary
vii. Preparing and engineering report, with test results, presenting
"CONSULTANT's" opinion as to the conformance of the
earthwork and foundation construction with the requirements of
the contract specifications.
7. Tamura School Well Site - Exploration & Construction Services
a. Design Stage
i. Assemble and review geologic and boring information near the
site and note the proximity of pertinent geologic features
h. Perform site reconnaissance
iii. Contact Underground Services Alert relative to the location of
the existing utilities at the site in light of our planned drilling
program
iv. Obtain permission from property owners prior to field drilling
V. Drill one hollow stem auger boring to a depth of about 15 feet
within the project area
vi. Locate and log all field exploration work, and obtain soil
samples for laboratory testing
vii. Record the groundwater level in the boring, if present
viii. Perform laboratory tests on soil samples obtained from the
exploration, tentatively including moisture content, density,
gradation, consolidation and corrosivity tests (pH, chlorine,
sulfates and resistivity)
ix. Interpret and evaluate the field and laboratory data
x. Prepare an engineering report containing "CONSULTANT's"
conclusions and recommendations:
a) Site preparation and grading requirements
b) Acceptability of site soils for use as fill and backfill
c) Installation of utilities
d) Foundation types, depths and allowable soil bearing values
e) Anticipated settlement. .
• b. Construction Phase
i. Observation and testing during site grading.
H. Observation and testing during utility line backfilling and
compaction.
iii. Laboratory testing, as necessary, tentatively including sand
equivalency, gradation, compaction, corrosivity and "R" value.
iv. Evaluate suitability of pipeline, footing and floor slab subgrade
soils.
V. Field density testing during backfilling of the building footings.
vi. Consultation as necessary.
vii. Prepare an engineering report, with test results, presenting
"CONSULTANT'S" opinion as to the conformance of the
earthwork.
III. DUTIES OF THE CITY
A. In order to assist the "CONSULTANT" in the execution of their responsibilities
under this Agreement, "CITY" agrees to provide the following:
1. Any background information, reports, contracts, specifications, proposals
. or agreements as may be available or are in existence, which may be
germane to the proper preparation and completion of the
" CONSULTANT's" defined duties.
2. Assist "CONSULTANT" with interpretation of "CITY" design criteria.
Meet with "CONSULTANT" as necessary to provide input or direction on
matters pertaining to the completion of the report.
3. Review letters and reports provided by "CONSULTANT" relative to
"PROJECT" in a timely fashion.
IV. TIME OF COMPLETION
A. "CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. Work as required herein, shall be completed in a diligent
and efficient manner to the execution of its completion.
B. The term of this Agreement shall expire thirty (30) calendar days after the date
the "PROJECT" is completed and accepted by "CITY ". It is agreed and
understood by both parties that this is sufficient time to complete all such
activities and tasks associated with the "PROJECT ".
•
V. OWNERSHIP OF DOCUMENTS •
A. Original reports and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "PROJECT ", or any use of
incomplete documents, shall be at "CTTY's" sole risk, and "CITY" shall
indemnify "CONSULTANT" for any damages incurred as a result of such use.
No report, drawing, map, document or other data given to or prepared or
assembled by "CONSULTANT" pursuant to this Agreement shall be made
available to any individual or organization by "CONSULTANT" without prior
written approval by "CITY ", unless required by subpoena.
B. "CONSULTANT" may reserve the right to publish materials or reports related
to the work performed or data collected under the provisions of this
Agreement. The right to publish shall be at the sole discretion of the "CITY"
and written permission must be obtained by "CONSULTANT" from "CITY" on
a case by case basis. Blanket publishing approval shall not be granted.
C. "CONSULTANT" has permission to show prospective clients reports and data
which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY' reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the
United States mail, postage prepaid, addressed to "CONSULTANT's" business
office at 15245 Alton Parkway, Suite 100, Irvine, California, 92718 -2307.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if the "CITY"
has not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT". If this Agreement is terminated
for any other reason, "CITY" agrees to compensate "CONSULTANT" for the
actual services performed up to the effective date of the 'Notice of
Termination ", based on the fee schedule contained herein.
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• VII. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY ".
B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT' from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee
in bankruptcy, without such approval. Notice of any such assignment or
transfer shall be promptly furnished to "CITY ".
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the "PAYMENT &
FEE SCHEDULE ". In no event shall said amount be greater than one hundred
eighty five thousand seven hundred dollars ($185,700), except as otherwise
provided for herein below.
B. Payment & Fee Schedule
personnel hourly rates
Principal / Consultants ........ ............................... . $150.00
Principal Professional .................................... ............................... 130.00
Senior Professional ......................................... ............................... 100.00
Project Professional ........................................ ............................... 85.00
Senior Staff Professional ................................ ............................... 75.00
Staff Professional ............................................ ............................... 65.00
Technical Typing & Administrative Support .. .......................... 40.00
Supervising Technician .................................. ............................... 70.00
SeniorTechnician ............................................ ............................... 61.00
Field Technician .............................................. ............................... 49.00
Engineering Graphics .................................... ............................... 49.00
Junior Technician ............................................ ............................... 37.00
TechnicalAid .................................................. ............................... 30.00
C. The contract amount shall be paid to "CONSULTANT' in monthly partial
payments based on the amount of hours worked and expenses incurred
during each monthly pay period, based on the actual hours of labor
expended as determined by the Project Manager for "CITY ". The sum of the
partial payments shall not exceed ninety percent (90 %) of the maximum fee
as set forth in paragraph "A" herein above. The balance of the total amount
earned shall be paid upon completion of the work specified herein.
•
D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse •
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses,
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Project Manager
for "CITY ", and other reasonable expenses where such costs have been
advanced by "CONSULTANT" and approved in advance by "CITY ".
1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of
duties and tasks on a monthly basis. "CITY" agrees to pay
"CONSULTANT" within thirty (30) calendar days of the receipt of said
records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S"
equipment, hardware, software materials, reproduction or mileage.
These costs are non- compensabee. Time expended by " CONSULTANT's"
personnel on such equipment shall be paid on the basis of the "FEE
SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In •
consideration for performance of additional services authorized by "CITY" in
writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount
based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ",
except that an increase in total compensation exceeding thirty thousand dollars
($30,00.00) shall require an amended Agreement for such additional services
between the "CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" 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 specified under this Agreement. All
such records shall be maintained in accord with generally accepted accounting
principles and shall be clearly identified and readily accessible.
"CONSULTANT" shall provide free access to the representatives of "CITY" or its
designees at all proper times upon reasonable notice to "CONSULTANT" to such
books and records, and gives "CITY" the right to examine and audit same, and to
make transcripts therefrom as deemed necessary at "CTTY's" cost, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement.
•
L
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY's" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT's" indemnification, and also contain substantially the
following statement: "The insurance covered by this certificate may not be
canceled or non - renewed, except after thirty (30) days' written notice has been
received by "CITY " ". Coverage may not be reduced or otherwise materially
altered without the same advance notice to "CITY" of such alteration.
B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement all 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
"VIII" (or larger) in accord with an industry-wide standard and shall be
licensed to do business in the State of California.
1. An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide ", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverages:
• Liability Insurance
•
General liability coverage shall be provided in the following minimum limits:
Category
Bodily Injury
Property Damage
Aggregate Liability
EMMIRYTTZ,
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of one
million ($1,000,000) will be considered equivalent to the required minimum
limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one million
dollars ($1,000,000).
10
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 general liability insurance, "CONSULTANT" shall look
solely to its insurance for recovery. "CONSULTANT" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONSULTANT" or "CITY" with respect to the services of
"CONSULTANT ", a waiver of any right of subrogation which any such
insurer of said "CONSULTANT" may acquire against "CITY" by virtue of the
payment of any loss under such insurance.
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. 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 additional insured named herein
shall not be 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
"CONSULTANT" secondarily, if necessary. •
XII. WAIVER
A waiver by "CITY" or "CONSULTANT" 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 different character.
XIII. 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.
XIV. 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 "CONSULTANT ".
ii
•
•
&UNK61@93 ► \[7UUMAIX
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT's" negligent acts,
errors or omissions, in the performance of services hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first
date above written:
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
0
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
,� if C, --) -
John Hedges, Mayor
..C1.N..
Converse Consultants Orange County,
a California Corporation
Scheil, Vice President
.TANT.
City of Newport Beach Converse Consultants orange County
3300 Newport Boulevard, P. O. Box 1768 15245 Alton Parkway, Suite 100
Newport Beach, California 92658 -1768 Irvine, California 92718.2307
(714)6(4 -3011 (714)646 -5204 fax (714)4532880 (714 )4532888 fax
12
z
Robin Clauson
Assistant City Attorney
ATTEST:
0
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
,� if C, --) -
John Hedges, Mayor
..C1.N..
Converse Consultants Orange County,
a California Corporation
Scheil, Vice President
.TANT.
City of Newport Beach Converse Consultants orange County
3300 Newport Boulevard, P. O. Box 1768 15245 Alton Parkway, Suite 100
Newport Beach, California 92658 -1768 Irvine, California 92718.2307
(714)6(4 -3011 (714)646 -5204 fax (714)4532880 (714 )4532888 fax
12
HGREEMENT
PROFESSIONAL ENGINEERING SERVICES
FOR THE MODIFICATION OF THE DISINFECTION FACILITY AT THE
16TH STREET PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this day of Getela
by and between the City of Newport Beach, a municipal Corporation, hereinafter referred
to as "City", and John Carollo Engineers, a Partnership, hereinafter referred to as
"Consultant ".
RECITALS:
A. The City desires to secure an alternate source of reliable water for its municipal
water system by implementing a Groundwater Development Project to construct
water wells and delivery facilities to deliver potable water to its customers, and;
B. The City, as a part of the Groundwater Project, must construct facilities to collect
water and pump it through the water system, and;
C. The City, as a part of this project, must pump the collected well water from it's 3.0
million gallon reservoir and distribute it to City's customers, and;
D. The City desires to construct a pumping station with a pump building; a chlorine
and ammonia disinfection facility; a telemetry and monitoring system; and all
appurtenant facilities to treat the water, as required by the State Department of
Health Services, prior to distribution to the City's water customers, and;
E. The City and the Consultant entered into an agreement on November 22,1993 to
perform the engineering services for the design of the above mentioned pump
station, which included construction related services. The remaining engineering
services on this contract is to provide construction observation and shop drawing
review.
F. City desires additional engineering services to revise and modify the proposed
disinfection system, at the request of the Public Works Director and Fire Chief,
prior to construction of the 16th Street Pump Station that will include: design, shop
drawing review and responses to requests for information from the contractor,
which are hereinafter collectively referred to as Consultant Services, and;
r1
U
11
. Professional Services Agreement
Disinfection Facility at the 16th Street Pump Station
Groundwater Development Project
G. The City requires the engineering services from said Consultant, who is best
qualified to perform these services being the designer of the 16th Street Pump
Station, and;
H. The City has solicited and received a proposal from Consultant for the Consultant
Services, as well as to provide certain other essential professional services, outlined
herein below, and;
I. The City has reviewed the proposal submitted by the Consultant and desires to
accept the proposed scope of services as defined in this agreement.
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
1. GENERAL
A. City engages Consultant to perform the described services for the consideration
hereinafter stated.
• B. Consultant agrees to perform the described services in accord with the terms and
conditions hereinafter set forth.
C. Consultant agrees that all services provided 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. Consultant shall not sublet, transfer or assign any work
except as otherwise provided for herein or as authorized in advance by the City.
D. Consultant shall be responsible to the level of competency presently maintained
by other practicing professional engineers performing the same or similar type of
work at the time the notice to proceed is issued.
E. Consultant shall not be responsible for the means, methods, techniques,
sequences or procedures of construction selected by contractors or the safety
precautions and programs incidental to the work of contractors and will not be
responsible for contractor's failure to carry out work in accord with the Contract
Documents.
F. The services to be performed by Consultant are intended solely for the benefit of
the City. Nothing contained herein shall confer any rights upon or create any
duties on the part of Consultant towards any person or persons not a party to
this Agreement including, but not limited to any contractor, subcontractor,
• supplier or their agents, officers, employees, insurers or sureties_
Professional Services Agreement
Disinfection Facility at the 16th Street Pump Station
Groundwater Development Project
2. SERVICES TO BE PERFORMED BY CONSULTANT
Consultant shall provide the following listed professional services to the City.
Consultant shall provide the necessary means toward completing the defined tasks
associated with the design and construction phases of the Consultant Services.
Those tasks include the following:
A. Task 1
(1.) Design Basis
a. Design a liquid chemical system using sodium hypochlorite and
aqueous ammonia.
i. Design criteria and equipment sizing for new facility.
ii. Process schematics for two (2) aqueous chemical systems.
iii. A preliminary layout of the new facility to be reviewed and
approved by the City.
(2.) Design and Drawings
a. Provide engineering design for the change in the disinfection facility.
i. Civil, structural, mechanical, electrical and instrumentation systems •
for the new system.
ii. Modify existing drawings and prepare new drawings and design
sketches as agreed upon between Consultant and the City.
W. Provide a level of detail necessary for the Contractor to complete the
proposed work.
(3.) Specifications
Modify the specifications and create new specifications and equipment
descriptions as necessary for use by the Contractor in purchasing and
installing the modified disinfection system.
(4.) Cost Estimate
a. Provide an engineer's cost estimate for the new disinfection facility.
b. Consultant has no control over the cost of labor, materials, equipment or
services furnished by others, or over Contractor's method of
determining prices, or other competitive bidding or market conditions,
practices or omissions on the site. Any cost estimate provided by
Consultant will be made on the basis of his experience and judgment.
Consultant cannot and does not guarantee that proposals, bids or actual
construction costs will not vary from cost estimates prepared by •
Consultant.
iProfessional Services Agreement
Disinfection Facility at the 16th Street Pump Station
Groundwater Development Project
. (5.) Meetings
a. Meet with the City, other City departments, the Contractor, equipment
suppliers and City's other consultants to coordinate the changes and
revisions.
b. Meetings shall be held on an as- needed basis to assist the City in
preparing and administering construction change orders, not to exceed
20 hours of said service for the new disinfection facility.
(6.) Record Drawings
a. The scope of this task does not include the preparation of record
drawings documenting the actual changes made to the project during
construction. Preparation of record drawings or a new, conformed set of
plans and specifications can be added to the Consulting Services by an
amendment.
B. Task 2
(1.) Construction Phase Services
a. Reviewing Shop Drawing Submittals, not to exceed 160 hours of said
• service.
i. Review shop drawing submittals and resubmittals for the fire
protection system, fire and chemical alarms, bridge crane, the engine
generator and related work.
ii. Review shop drawing submittals and resubmittals for additional
mechanical, structural, electrical and control system work resulting
from design changes which were made during the redesign of the
pump station facility.
b. Response to Requests for Information
i. Provide responses to requests for information (RFI) from the
contractor, as requested by the City, not to exceed 56 hours of said
service.
c. Record Drawings
i. Prepare record drawings upon completion of construction, not to
exceed 70 hours of said service.
ii. City to provide marked up, full-size construction plans from the
Contractor and Resident Engineer. These drawings shall clearly,
accurately and concisely delineate changes in such a manner that a
draftsperson or technician can transfer the data directly to the City
provided mylars.
• iii. Consultant will prepare record drawings on City provided mylars.
4
Professional Services Agreement
Disinfection Facility at the 16th Street Pump Station
Groundwater Development Project
d. Meetings •
i. Consultant will attend weekly construction progress meetings as
requested by the City, not to exceed 15 hours of said service.
3. DUTIES OF THE CITY
A. In order to assist Consultant in the execution of his responsibilities under this
Agreement, the City agrees to provide the following:
(1.) Background information, reports, contracts, specifications, proposals or
agreements as may be available or are in existence, which may be applicable
to the proper preparation and completion of Consultant's defined duties.
(2.) Assist Consultant with interpretation of the City standards and design
criteria. Meet with Consultant as necessary to provide input or direction on
matters pertaining to design criteria, plan review and project administration
of plans and specifications.
(3.) Provide blueprinting, CADD plotting, copying and other services through
the City's reproduction company. Consultant will be required to coordinate
with the City's reproduction company.
4. TIME OF COMPLETION •
Consultant shall commence work immediately upon receipt of written notice to
proceed. All work shall be completed in a diligent and efficient manner to the
execution of its completion.
The term of this Agreement shall expire thirty (30) calendar days after the date
construction for the 16th Street Pump Station is completed and accepted by the City,
which is scheduled for May 26, 1996. It is agreed and understood by both parties,
that this is sufficient time to complete all such activities and tasks associated with the
Consultant Services, including record drawing preparation.
5. OWNERSHIP OF DOCUMENTS
Original drawings and other deliverable documents to be provided by Consultant
under this Agreement shall become the exclusive property of the City and may be
reproduced as deemed necessary by the City or its duly authorized representative.
However, any use of completed deliverables or documents for purposes other than
for the 16th Street Pump Station, or any use of incomplete documents, shall be at the
City's sole risk, and the City shall indemnify Consultant for any damages incurred as
a result of such use. No report, drawing, map, document or other data given to or
prepared or assembled by Consultant pursuant to this Agreement shall be made
available to any individual or organization by Consultant without prior written
approval by the City, unless required by subpoena. •
Professional Services Agreement
Disinfection F�ty at the 16th Street Pump Station
Groundwater Development Project
Consultant may reserve the right to publish materials or reports related to the work
performed or data collected under the provisions of this Agreement. The right to
publish shall be at the sole discretion of the City and written permission must be
obtained by Consultant from the City on a case by case basis. Blanket publishing
approval shall not be granted.
Consultant is granted permission to show to prospective clients the reports and data
which have been accepted by the City as prepared under this Agreement.
6. RIGHT OF TERMINATION
A. The City reserves the right to terminate this Agreement without cause at any
time by giving Consultant five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to Consultant's business office at 3100
South Harbor Boulevard, Suite 200, Santa Ana, California 92704.
B. Consultant may terminate this Agreement after ten (10) days' written notice from
Consultant to the City notifying the City of it's substantial failure to perform in
accord with the terms of this Agreement, if, the City has not corrected it's non-
performance within that time.
C. In the event of termination due to errors, omissions or negligence of Consultant,
City shall be relieved of any obligation to compensate Consultant for that portion
of work directly affected by such errors, omissions or negligence of Consultant.
. If this Agreement is terminated for any other reason, City agrees to compensate
Consultant for the actual services performed up to the effective date of the
"Notice of Termination ", on the basis of the fee schedule contained herein.
SUBCONSULTANTS AND ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of City.
B. Neither Consultant nor the City shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due Consultant from the City under this Agreement may be assigned to
a bank, trust company or other financial institution, or to a trustee in bankruptcy,
without such approval. Notice of any such assignment or transfer shall be
promptly furnished to City.
8. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, the City hereby agrees to compensate
Consultant on an hourly basis as set forth below in the "Payment & Fee
Schedule ". In no event shall said amount be greater than the amount of one
hundred thirteen thousand five hundred and thirty -one dollars ($113,531.00),
• except as otherwise provided for herein below.
iProfessional Services Agreement
DisinfectiM Facility at the 16th Street Pump Station
Groundwater Development Project
It is agreed that the above maximum fee represents an estimated budget of 1,291 •
hours of engineering service to complete the work under Tasks 1 & 2. Engineering
effort required beyond this budget constitute a change in scope and budget and a
basis for an amendment to this Agreement.
B. PAYMENT AND FEE SCHEDULE
personnel
Partner -in- Charge .... ...............................
Engineer / Scientist VIII ..........................
Engineer / Scientist VII ...........................
Engineer / Scientist VI ............................
Engineer / Scientist V .............................
Engineer / Scientist IV ............................
Engineer / Scientist III ............................
Engineer / Scientist II .............................
Engineer / Scientist I ..............................
Engineering Aid VII . ...............................
Engineering Aid VI .. ...............................
Engineering Aid V.. . ...............................
Engineering Aid rV .. ...............................
Engineering Aid III .. ...............................
Engineering Aid 11— ...............................
Engineering Aid I .... ...............................
Engineering Technician VII ....................
Engineering Technician VI ......................
Engineering Technician V .......................
Engineering Technician IV ......................
Engineering Technician III ......................
Engineering Technician II .......................
Engineering Technician I ........................
Clerical................... ...............................
Word Processor ........ ...............................
nFfiru AM.c
hourly rates
. $143.00
148.50
136.25
116.50
107.25
96.00
91.50
82.00
73.25
88.00
82.00
75.00
69.50
66.75
58.25
39.00
86.75
83.75
74.25
6350
58.00
52.75
41.00
45.50
58.75
29.00
C. The contract amount shall be paid to Consultant in monthly partial payments
based on the number of hours worked and expenses incurred during each
monthly pay period based on the actual hours of labor expended as approved by
the Utilities Manager.
D. In addition to the not -to- exceed fee, the City agrees to reimburse Consultant for
the actual cost (plus 10 %) for all outside expenses, including those for:
reproduction for copies of plans, reports and related documents, material costs
authorized in advance by the Utilities Manager, and other reasonable expenses,
where such costs have been advanced by Consultant and approved in advance
by the City.
(1.) Consultant shall provide written records (originals) or exact copies, if
approved by the Utilities Manager, of all expenses incurred, and shall
report all hours expended in the performance of his duties and tasks on a
monthly basis. The City agrees to pay Consultant within thirty (30)
calendar days of the receipt of said records and hourly summary.
•
•
• Professional Services Agreement
Disinfection Fa2f[ity at the 16th Street Pump Station
Groundwater Development Project
(2.) Consultant shall not be compensated for use of Consultant's equipment,
hardware, software materials, "in- house" reproduction or mileage. Said
costs are non - compensable. Time expended by Consultant's personnel on
such equipment shall be paid on the basis of the Fee Schedule herein above.
9. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by Consultant
shall be made without prior written approval from the City. In consideration for
performance of additional services authorized in advance and approved in writing by
the City. The City hereby agrees to compensate Consultant an amount based upon
the hourly rate as submitted to the City in the Fee Schedule. An increase in the total
compensation exceeding eleven thousand dollars ($11,000.00) shall require that an
amended Agreement for such additional services be executed by the Consultant and
the City.
10, RECORDS
Consultant shall maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by the City that relate to the
performance of the services specified under this Agreement. All such records shall be
maintained in accord with generally accepted accounting principles and shall be
clearly identified and readily accessible. Consultant shall provide free access to
representatives of the City or its designees at all proper times upon reasonable notice
• to Consultant to such books and records, and gives the City the right to examine and
audit same, and to make transcripts therefrom as deemed necessary at the City's cost,
and to allow inspection of all work, data, documents, proceedings and activities
related to this Agreement.
11. INSURANCE
A. On or before the date of execution of this Agreement, Consultant shall furnish
the City with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance policies.
Consultant shall use the City's Insurance Certificate form for endorsement of all
policies of insurance. The certificates do not limit Consultant's indemnification,
and also contain substantially the following statement: "Should any of the above
described policies be non - renewed, canceled or coverage reduced before the
expiration date, the company affording coverage shall provide 30 days minimum
advance notice to the City of Newport Beach by first class mail." Coverage may
not be reduced or otherwise materially altered.
B. Consultant shall maintain in force at all times during the performance 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 "VII" (or
larger) in accord with an industry-wide standard and shall be licensed to do
• business in the State of California. However, the minimum rating for
Consultant's Errors & Omissions carrier shall be "B + ", "VIII" or better.
. Professional Services Agreement
Disinfection-Facility at the 16th Street Pump Station
Groundwater Development Project
(1.) An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide", latest edition.
C. Consultant shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category Amount
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Aggregate Insurance
A combined single limit policy with aggregate limits in the amount of one
million dollars ($1,000,000) will be considered equivalent to the required
minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one million
dollars ($1,000,000). .
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 general liability insurance, Consultant shall look solely to its
insurance for recovery. Consultant hereby grants to the City, on behalf of any
general liability insurer providing insurance to either Consultant or the City with
respect to the services of Consultant, a waiver of any right of subrogation which
any such insurer of said Consultant may acquire against the City by virtue of the
payment of any loss under such insurance.
E. Additional Insured
The City, its City Council, boards and commissions, officers, agents and
employees shall be named as an additional insured under all insurance policies
required under this Agreement, except Errors & Omissions Insurance. 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 additional insured named herein shall not be 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 the City primarily, and to Consultant secondarily, if necessary. •
. „i
• Professional Services Agreement
Disinfection Sty at the 16th Street Pump Station
Groundwater Development Project
12. WAIVER
A waiver by the City or Consultant 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 different character.
13. 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.
14. 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 the City
and Consultant.
. 15. HOLD HARMLESS
Consultant shall indemnify and hold harmless, the City, its City Council, boards and
commissions, officers, and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of
litigation, arising from Consultant's negligent acts, errors or omissions, in the
performance of services hereunder.
Li
10
• Professional Services Agreement
Disinfecti acility at the 16th Street Pump Station
Groundwater Development Project
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
Wanda io J
City Clerk 0
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92659 -1768
(714) 644 -3011 (714)646 -5204 FAX
11
City of Newport Beach,
a municipal corporation
��A J
John Hedges, Mayor
City
John Carollo Engineers
a Partnership
G. William Knopf, Partner
Consultant
Todd, Allen C.
Consultant
John Carollo Engineers
3100 South Harbor Boulevard, Suite 200
Santa Ana, California 92704
(714)540-4300 (714)540 -4349 FAX
11
• RGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
FOR THE
16T STREET RESERVOIR & PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this 9'li day of
January, 1995, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Daniel Boyle Engineering, Inc., a California
Corporation, hereinafter referred to as "CONSULTANT'.
W ITHESSETH:
WHEREAS, "CITY' is implementing a municipal groundwater producing
project with water facilities to deliver potable water to its customers, and;
WHEREAS, "CITY' as part of the overall Groundwater Development Project,
must construct certain improvements located at the 16' Street Utilities Yard,
including an underground concrete reservoir, a water pump station, water
disinfection facilities and some associated appurtenant work, collectively hereinafter
• referred to as "PROJECT ", and;
WHEREAS, "CITY" requires construction management and field inspection
services during construction of 'PROJECT ", and;
WHEREAS, "CITY', as part of the construction management services for the
"PROJECT ", desires a project manager and an on -site engineer to oversee construction
and to verify the contractor's compliance with the plans and specifications, and;
WHEREAS, these construction management services require a qualified
professional engineering firm with employees, experienced in construction and
contract management related to reservoir and pump station construction, and;
WHEREAS, "CITY' has solicited and received a proposal from
"CONSULTANT" for construction management, as well as, to provide certain other
essential professional services, as outlined herein below, and;
WHEREAS, "CITY' has reviewed the previous experience and evaluated the
expertise of "CONSULTANT' and desires to accept the proposal submitted by
"CONSULTANT", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
• and understood that:
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I. GENERAL •
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required herein shall be performed
under their direct supervision, and all personnel engaged in the work shall be
fully qualified and authorized or permitted under State and local law to perform
such services.
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following professional services to "CITY ".
A. "CONSULTANT" shall provide the necessary services to complete the defined
tasks associated with the "PROJECT ". Those tasks include the following:
1. Meetings with City staff.
a. "CONSULTANT" shall work with "CTTY's" Project Manager to coordinate, •
schedule and conduct the pre - construction meeting.
b. "CONSULTANT" shall keep the "CTTY's" Project Manager apprised of the
progress being made by the "CTTY's" contractor. Such appraisal shall be
made via telephone, in writing as appropriate and via meetings.
c. "CONSULTANT" shall meet with the City staff on a weekly basis, and shall
schedule and document weekly meetings with the "CTTY's" contractor,
"CITY" and its design engineers to discuss project progress and intended
progress for the coming week.
2. Prepare a construction procedure's manual that shall include the following:
a. Key individuals and lines of communication.
b. Determine communication devices and procedures.
c. Establish general reporting procedures.
d. Establish construction reporting procedures, including field clarification's,
change orders and shop drawing reviews.
e. Establish field office security and backup procedures.
f. Develop progress reports and payment request procedures. •
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• g. Develop a master schedule and establish schedule update procedures.
h. Establish document control procedures.
i. Establish a permit tracking system.
j. Establish coordination with adjacent and appurtenant projects (contractors
and design consultants).
k. Establish project close -out procedures.
3. Field Office Set -up
a. "CONSULTANT" shall be responsible for making sure that the contractor's
supplied field office is properly equipped, as specified herein below.
(I.) Office trailer to be provided by Contractor
(2.) Office furniture and equipment to be provided by Contractor.
(3.) "CONSULTANT" shall be responsible for the maintenance of the
construction office, and shall be held accountable and responsible for
any damaged or missing furniture or equipment.
• b. Establish Computer Based Communications
(l.) "CONSULTANT" will utilize a Macintosh Computer provided by the
contractor and tied to "CITY'S" computer network.
(2.) "CONSULTANT" will determine any additional software necessary
for use during "PROJECT ".
4. Construction Services
a. Provide daily updated reports to the Utilities Director.
b. Log and track all shop drawing submittals with respect to "CITY ",
design consultants and contractor.
c. Observe all construction and coordinate observation of specialty
construction. Including, but not limited to all specialty construction such
as: steel reinforcing, waterstop placement, construction joint location,
subdrain system, pump and motor placement, disinfection systems,
electrical, controls and instrumentation and appurtenant work.
d. Observe all major materials deliveries to the site to assure they are in
accord with the specifications and approved shop drawings.
• e. Coordinate testing of all materials in accord with the specifications.
Document construction progress, by preparing a daily record of •
construction, daily construction reports and taking 35 mm
photographs at significant times during construction. Pictures shall
be labeled as to date, location and specific task photographed.
g. Coordinate construction survey, Contractor's survey requests, track
and schedule construction surveying. Monitor survey provided to
Contractor and notify the survey firm in writing of requests for
restaking which will be the Contractor's financial responsibility.
h. Coordinate with adjacent construction activities, including attending
coordination meetings with "CITY ", design engineers and other
contractors regarding construction activities related to the water
transmission main and other piping within 16th Street.
i. Coordination with "CITY" Building and Public Works Department
inspection staff, specialty inspectors, coordinate Contractor's inspection
requests, track, schedule and monitor all inspections.
j. Coordinate soils compaction testing, Contractor's compaction test
requests, track, schedule. monitor soils compaction testing and notify
the geotechnical firm in writing of requests for retesting which will be
the Contractor's financial responsibility..
k. Administer and track all "Requests for Field Clarification ", "Change in .
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractors Notification of Change in
Conditions" and "Contractor's requests for Change Orders". Provide
appropriate response and /or recommendations to and from "CITY ".
Consult with design engineers on all technical matters. Arrange for a
participate in negotiations between "CITY" and the Contractor.
1. Monitor permits under which "CITY" has responsibility, monitor the
expiration dates and make application for extensions when
appropriate. Monitor the Contractor's general compliance and advise
the Contractor when non - compliance is observed.
m. Update and analyze the master construction schedule each week, update
the master construction schedule with the previous week's progress and
the Contractor's anticipated projected work. Analyze actual verses
anticipated progress, milestone dates and final completion. Make
recommendations as necessary and advise "CITY" of changes.
n. Process monthly pay estimates, including review of the Contractor's
work progress with "CITY" representative; review for accuracy and
compare with actual work completed; make appropriate
recommendations to "CITY" on payment issues. Provide summary
report of work performed during each payment period. •
o. Provide document control including processing and filing all project
• correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
p. Monitor Contractor's safety program, including observing the
implementation of the Contractor's safety program and report observed
deviations from this program. (This action will not relieve Contractor of
sole responsibility for job site safety.) "CONSULTANT" shall not assume,
and "CITY" shall not require, that "CONSULTANT" bears any responsibility
or liability for safety of anyone other than their own employees.
"CONSULTANT" will not be required to work or inspect any of the
Contractor's work in unsafe working conditions. Only "CITY" will have the
authority to issue "Stop Work Orders" to Contractors.
q. Observe general site conditions and notify Contractor when excess materials,
etc., must be disposed of and when general site clean up is required.
5. Disinfection and Testing
a. Establish and implement a continuous program to monitor disinfection and
testing activities, including the following:
(1.) Review the Contractor's proposed disinfection, testing and startup
procedure for the reservoir, pumps, piping and appurtenances within
the Pump Station Building. Analyze procedures with City staff and
is design engineers. Assist the Contractor with any approved
modifications to the procedures to meet all requirements.
(2.) Observe and document sweeping, cleaning and swabbing of the
reservoir, pipeline interiors, pump cans, and other appurtenances.
(3.) Observe and document pressure testing of the pipeline and appurtenances
with City personnel and in accord with the specifications and the approved
testing sequence.
(4.) Observe and document the initial filling of the reservoir. Coordinate
survey to monitor reservoir settlement.
(5.) Observe and document disinfection of the entire system in accord
with the specifications.
(6.) Observe and document testing of electrical, telemetry, control, chlorine
and ammonia systems in accord with the Contractor's proposed
sequence. This testing will also include testing and adjustments by
manufacturer's representatives such as control valves, disinfection
systems, etc.
(7.) Coordinate, observe and document testing of the full system (reservoir
. and pump station) in accord with the approved sequence.
6. Project Close Out •
a. Coordinate with City staff, design consultants and Contractor to prepare
project close -out, as follows:
(1.) Determine that all testing has been successfully completed and that
all construction is complete and satisfactory.
(2.) Prepare preliminary punch list of deficiencies.
(3.) Observe Contractor's successful completion of all work required by
preliminary punch list.
(4.) Prepare final punch list of deficiencies.
(5.) Observe Contractor's successful completion of all work required by
final punch list. Repeat Steps No. 1 through No. 5 until all items are
complete.
(6.) Construction Manager shall maintain a record of all changes made
during construction, and periodically (at least monthly) review
Contractor's records to assure Contractor keeps a record of changes in
accord with the specifications.
(7.) Obtain Contractor's records of changes during construction (as- builts).
(8.) Coordinate the production of record drawings with design
consultants. Review completed record drawings and make
recommendations to the City on acceptance.
(9.) Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to City on acceptance.
(10.) Witness and document delivery of all spare parts and similar items
from the Contractor to the City as required by the Contract
Documents.
(11.) Obtain from the Contractor any written documents required by the
Contract for project close -out.
(12.) Prepare recommendations to the City for preparation of the Notice
of Completion.
(13.) Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
(14.) Remove all equipment and items belonging to Construction •
Manager from the field office.
• 7. Additional Responsibilities
a. "CONSULTANT" shall assign responsible representatives (Project
Manager and On -Site Engineer) and alternates. Representatives shall be
responsible for duties from contract negotiations through project
completion.
b. If primary representative should be unable to continue with project, then
the alternate shall become the primary representative.
c. Any changes in responsible representation must be approved in advance
by "CITY ".
(1.) "CITY" will have the right to reject other proposed changes in
personnel, and may consider such changes a breach of contract and
cause for termination.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of their responsibilities
under this Agreement, "CITY" agrees to provide the following:
. A. Plans, drawings, specifications and cost estimates as may be available or are in
existence, which may be germane to the proper execution and completion of the
"CONSULTANT's" defined duties.
B. Provide survey information, as may be available and applicable to "PROJECT ".
C. Design criteria, hydraulic data and other information, as may be available and
appurtenant to "PROJECT ".
D. Provide network tie -in for "CONSULTANT's" trailer office computer.
E. Provide licensed software and applicable manuals for use by "CONSULTANT ".
F. "CITY" will provide blueprinting, CADD plotting, large orders of photocopying
and other services through "CTTY's" reproduction company, Banana Blueprint.
"CONSULTANT" must obtain "CITY's" approval prior to any reproduction.
IV. TIME OF COMPLETION
A. "CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. All work will be completed in a diligent and efficient manner
to the execution of its completion.
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B. The term of this Agreement shall expire thirty (30) calendar days after the date •
the 'PROJECT" is completed and accepted by "CITY ". It is agreed and
understood by both parties that this is sufficient time to complete all such
activities and tasks associated with the "PROJECT".
V. OWNERSHIP OF DOCUMENTS
A. Original reports and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY' and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. Use of complete or incomplete deliverables or
documents for purposes other than this "PROJECT" shall be at the sole risk of
"CITY ". "CITY" shall indemnify "CONSULTANT" for any damages incurred as a
result of such use. No report, drawing, map, document or other data given to,
prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be
made available to any individual or organization by "CONSULTANT" without
prior written approval by "CITY ", unless required by subpoena.
B. "CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
C. "CONSULTANT" has permission to show prospective clients reports and data .
which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to "CONSULTANT'S" business office at
23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if the "CITY" has
not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated
for any other reason, "CITY" agrees to compensate "CONSULTANT" for the
actual services performed up to the effective date of the "Notice of Termination ",
based on the fee schedule contained herein. •
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VII. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY'.
"CONSULTANT" shall not sublet, transfer or assign any work except as
otherwise provided for herein or as authorized in advance by the "CITY'.
B. Neither "CONSULTANT" nor "CITY' shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY' under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY'.
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY' hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the 'PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than two hundred and
fifty three thousand and ninety dollars ($253,090), except as otherwise provided
for herein below.
B. Payment & Fee Schedule
personnel Billing Classification hourly rates
Principal in Charge Managing Engineer .......................... $97.00
Construction Manager Principal Engineer.. .......................... 90.00
Resident Engineer Associate Engineer II ....................... 75.00
Engineering Support Senior Engineer I .............................. 89.00
Assistant Engineer I ......................... 55.00
Technical Support CAD Specialist .. ............................... 57.00
Designer ............ ............................... 52.00
CAD /Drafter II . ............................... 43.00
CAD /Drafter I .. ............................... 36.00
Intern/Aide ....... ............................... 31.00
C. The contract amount shall be paid to "CONSULTANT' in monthly partial
payments based on the amount of hours worked and expenses incurred
during each monthly pay period, based on the actual hours of labor expended
as determined by the Project Manager for "CITY'. The sum of the partial
payments shall not exceed ninety percent (90 %) of the maximum fee as set
forth in paragraph "A" herein above. The balance of the total fee amount shall
be paid upon completion of the work specified herein.
D. In addition to the fixed, not -to- exceed fee, "CITY' agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses,
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Project Manager for
"CITY", and other reasonable expenses where such costs have been advanced
0 by "CONSULTANT' and approved in advance by "CITY'.
(1.) "CONSULTANT" shall provide written records (originals) of all .
expenses incurred, and shall report all hours expended in the
performance of duties and tasks on a monthly basis. "CITY" agrees to
pay "CONSULTANT" within thirty (30) calendar days of the receipt of
said records and hourly summary.
(2.) "CONSULTANT" shall not be compensated for use of
" CONSULTANT's" equipment, hardware, software materials,
reproduction or mileage. Said costs are non - compensable. Time
expended by " CONSULTANT's" personnel on such equipment shall
be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ".
In consideration for performance of additional services authorized by "CITY"
in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount
based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ",
except that an increase in total compensation exceeding thirty thousand
dollars ($30,000.00) shall require an amended Agreement for such additional
services between the "CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" 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 specified under this Agreement. All such
records shall be maintained in accord with generally accepted accounting
principles and shall be clearly identified and readily accessible. "CONSULTANT"
shall provide free access to the representatives of "CITY" or its designees at all
proper times upon reasonable notice to "CONSULTANT" to such books and
records, and gives "CITY" the right to examine and audit same, and to make
transcripts therefrom as deemed necessary at "CITY'S" cost, and to allow inspection
of all work, data, documents, proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY'S" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT'S" indemnification, and also contain substantially the
following statement: "The insurance covered by this certificate may not be
canceled or non - renewed, except after thirty (30) days' written notice has been
received by "CITY ". Coverage may not be reduced or otherwise materially .
altered without the same advance notice to "CITY" of such alteration.
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B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement all 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
"VIII" (or larger) in accord with an industry -wide standard and shall be
licensed to do business in the State of California.
1. An appropriate industry-wide insurance rating standard shall be deemed
"Best's Key Rating Guide", latest edition.
C. "CONSULTANT" shall maintain the following minimum coverage's:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Bodily Injury
Property Damage
Aggregate Limits
Amount
$ 1,000,000 each occurrence
$ 1,000,000 aggregate
$ 1,000,000 each occurrence
$ 1,000,000 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.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000).
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 general liability insurance, "CONSULTANT" shall look
solely to its insurance for recovery. "CONSULTANT" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONSULTANT" or "CITY" with respect to the services of
"CONSULTANT ", a waiver of any right of subrogation which any such
insurer of said "CONSULTANT" may acquire against "CITY" by virtue of
the payment of any loss under such insurance.
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E. Additional Ensured
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"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. 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 additional insured
named herein shall not be 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 "CONSULTANT" secondarily, if necessary.
W116"11MVICJ
A waiver by "CITY" or "CONSULTANT" 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 different character.
XH1. 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.
XIV. 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 to this Agreement will be effective only by written execution signed
by both "CITY" and "CONSULTANT ".
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY", its City Council,
boards and commissions, officers, and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors
or omissions, in the performance of services herein.
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E. Additional Insured
• "CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. 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 additional insured
named herein shall not be 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 "CONSULTANT" secondarily, if necessary.
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XII. WAIVER
A waiver by "CITY" or "CONSULTANT" 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 different character.
XIII. 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.
XIV. 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 to
this Agreement will be effective only by written execution signed by both "CITY"
and "CONSULTANT ".
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors
or omissions, in the performance of services herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first
date above written:
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
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Wanda E. Raggio
City Clerk
Address & Telephone:
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92658 -1768
(714)644 -3011 (714)6465204 F.AX
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City of Newport Beach,
a municipal corporation
John Hedges, Mayor
.,C1.1.1,,.
Daniel Boyle Engineering, Inc.
a California Corporation
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Daniel Boyle Engineering, Inc.
23231 South Pointe Drive, Suite 103
Laguna Hills, California 92653
(714)768 -2600 (714)5865188 FAX
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AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, made and entered into this S- d
day of August, 1996, by and between the CITY OF NEWPORT BEACH, a municipal
corporation, (hereinafter referred to as "City ") and Daniel Boyle Engineering, Inc., a
California corporation (hereinafter referred to as "Consultant") is made with reference to
the following:
RECITALS:
A. On March 1, 1995, a Professional Services Agreement was entered into
by and between City and Consultant, hereinafter referred to as "Agreement'.
B. City and Consultant mutually desire to amend the Agreement to provide
for additional services not required in the Agreement and an increase in compensation.
NOW THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to Consultant to cover
construction manager services performed during the term of the Agreement is
$253,090. The fee shall be increased by $140,700, to cover the cost of additional
services described in this AMENDMENT NO. 1.
2. The term of this Agreement, is not to extend past December 31, 1996.
3. The standard hourly rates established for Agreement shall continue in
effect and shall be unchanged through December 31, 1996.
4. Consultant agrees to provide the following additional services:
a. Continued meetings with City staff as necessary during the
construction of the City initiated re- design of the Pump Station.
b. Field Monitoring and Inspections during the completion of the
Reservoir and Pump Station.
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Amendment No. 1
Professional Services Agreement
Daniel Boyle Engineering, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on
the first date above written.
APPROVED AS TO FORM:
6&ca"'�
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
City of Newport Beach,
a municipal corporation
—\Ak,4,_D
John Hedges, Mayor
City
DANIEL BOYLE ENGINEERING, INC.,
a California corporation
Thomas . Hook , Jr., P. ., Vice Pre ident
Consulta
6 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: Carol Appelt
Public Works Department /Utilities Division
FROM: LaVonne M. Harkless
City Clerk
DATE: April 5,1996
In reviewing our files I have noted that the attached item is still pending. Please
follow -up and advise my office of the status of this item.
If you have any questions please call Linda Martinez at 644 -3005 between 10:00 a.m.
and 2:00 p.m.
Thanks for your continued cooperation.
LH:lm
Attachment
December 11, 1995
,f
nF(; i i go- CITY COUNCIL AGENDA
ITEM NO. 20
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TO: MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: PREQUALIFICATION OF CONTRACTORS FOR
CONSTRUCTION OF THE SECTION 5 WASTEWATER PUMP STATION
(CONTRACT NO. C- 995'!5) ;?y6Z,#- _.
RECOMMENDATION:
If desired, authorize the City Clerk to advertise for
contractors to submit prequalification certification for
construction of the pump station.
PROJECT BACKGROUND:
• The City's sewer system is somewhat unique in that it serves a coastal city with
many low -lying communities. Most sewer systems operate with predominantly
gravity-flow sewer mains. Unfortunately, for areas served at or near sea - level,
gravity will not convey the sewage to the desired location without pumping.
Newport Beach has a disproportionately high number of pump stations
compared to other municipal sewer agencies because of the topography of the
area.
The City operates 24 wastewater pump stations and 185 miles of sewer mains.
Each day, nearly 15.5 million gallons of sewage are pumped across the City
toward the County Sanitation District's treatment plant in Huntington Beach.
The pump stations operate continuously throughout the day and night, 365
days a year.
The Section 5 Wastewater Pump Station is located on Little Balboa Island.
This pump station was constructed in the 1940's, when Balboa Island was less
developed and its sewer load was considerably less than experienced today.
The station currently is operating over capacity during peak flow demands. So
much so, the Utilities Wastewater staff is put on alert during these times, just
in case the station fails.
• If the station does fail, staff will be forced to use the City's vactor equipment to
transport wastewater off the island. The current station has no other bypass
capabilities. Additionally, the almost 60 year old station has operated beyond
its design life. The pumps are worn, inefficient and undersized. Many of the
components of the station do not meet State mandated codes and standards.
0
December 11, 1995 - Page 2
Section 5 Wastewater Pump Station
Contractor Prequalification j
Barrett Consulting Group has prepared the detailed plans and specifications
for the replacement of the Section 5 Wastewater Pump Station. Barrett, along •
with the Public Works Director, has strongly recommended that the City
prequalify contractors before soliciting bids for such a complex and important
facility. This facility is to be constructed within very tight confines -- adjacent
to several multi - million dollar homes. Staff has contacted other private and
municipal utility agencies to determine whether there is a consensus on the
issue of prequalifying contractors for projects such as pump station
construction. There was almost unanimous agreement among the parties
contacted, agreeing that prequalification is appropriate and desirable given the
nature of the project. Based on the experience of staff and the
recommendations of the design consultant, and other public and private
utilities, it is recommended that the Council approve the prequalification
process for this project.
THE PREQUALIFICATION PROCESS:
The prequalification process will involve:
1. Advertising for interested contractors to submit information to the
City addressing their financial strength and previous related
construction project experience. •
2. Receiving prequalification information packages from the contractors
who choose to submit them.
3. A review of the submitted prequalification information by an
evaluation committee appointed by the (Acting) Utilities Manager.
4. Establishing a prequalification certification allowing the contractors
who meet the minimum certification criteria to be eligible to submit
competitive bids to the City when requested.
5. A notice to the contractors submitting prequalification packages
about their certification.
6. An appeal process for any unsuccessful contractors who do not agree
with the decision of the selection committee. The Public Works
Director will review appeals, if any, and make a final decision on
prequalification.
7. A formal solicitation for construction bids (approved by Council under •
a separate action at a future meeting) to the contractors who were
satisfactorily certified as prequalified to do so.
The bid opening and award of contract procedures of the City are not modified
by the prequalTiication process.
40ecember 11. 1995 - Page 3
Section 5 Wastewater Pump Station
Contractor Prequalification
THE PREQUALIFICATION CRITERIA:
• The prequalification certification criteria will score and evaluate the contractors
ability and experience to perform construction of the type and complexity being
considered; specifically, pump station construction in a marine environment
subject to tidal impacts.
Criteria which the City will use to evaluate and certify contractors as qualified
to submit bids will include at least the following:
1. Financial strength and size of the contractors company.
2. Contractors previous experience and longevity working in the areas of
specialization applicable to the City's proposed project.
3. Contractors previous pump station construction experience.
4. Contractors experienced in shoring and dewatering excavation in close
proximity to structures.
5. Recent project specific experience on similar projects.
6. Background, experience and capabilities of the contractors key staff and
project superintendents.
• 7. The quality of references and recommendations of other project owners
for whom the contractor has worked.
8. Safety and performance record of the contractor.
9. Subcontractors and their respective responses to the same information.
•
RECOMMENDED ACTION:
Staff believes it is in the City's best interest to implement the pump station
replacement project via a process of contractor prequalification. This process
will insure the City retains a contractor who is skilled and experienced in
building complex wastewater pump station facilities in a confined area below
the groundwater level subject to tidal fluctuations. In doing so, the City greatly
improves its chances of having a quality finished product with a minimum of
construction performance problems. In addition, the probability of contract
disputes will be minimal and project mangagement and inspection costs will be
reduced.
Staff recommends approval of the contractor prequalification process.
Respectfully submitted,
0�
PUBLIC WORKS
DEPARTMENT
Don Webb, Director
MJS:tam
By:,
chael J. Sinacori, P.E.
(Acting) Utilities Manager
Aulhotized to Publish Advertisements of all kircluding public notices by
Dectee of she Superior Court of Orange County, lifornla. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SOS.
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid; l am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City , of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
January 3, 8, 1996
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on January 8 1 199 6
at Costa Mesa, California.
Signature �—
0
at
' le'
N 5
STA-
Approved , by the City
Council this 11th day of
December, 1995
Wanda E. Rayylo,
City Clerk - -
Prospective bidders may
obtain one set of prequalifi-
cation documents at no
cost at the office of the
Cily,,Clerk, 3300 Newport
Boulevard, Post Office Box
1768, Newport Beach, Cali-
fornia 92658-8915. -
For further Information,
call Michael J. Sinacorl, at
(714) 644. 3011. --
Published Newport
Beach -Costa Mesa Daily
Pilot January 3, 8; 1996.
W418
0
0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Cqy 27� 11SD
,?,z11 _ys
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: August 24, 1995
SUBJECT: Contract No. C- 2961(C)
Description of Contract 16th Street Reservoir & Pump Station
Groundwater Development Project
Effective date of Contract January 9, 1995
Authorized by Minute Action, approved on January 9, 1995
Contract with Daniel Boyle Engineering, Inc.
Address 23231 South Pointe Drive, Suite 103
Hills, CA 92653
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
r1
U
JAN 91996
CI 1
TO: Mayor & Members of the City Council
FROM: Utilities Department
January 9th, 1995
CITY COUNCIL AGENDA
ITEM NO. —9
SUBJECT: 16'h STREET RESERVOIR & PUMP STATION (C- 2961 -C)
PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a
Professional Services Agreement on behalf of the
City, with Daniel Boyle Engineering, Inc. to
provide construction management services related
to the Reservoir & Pump Station for a fee not to
exceed $253,090.
BACKGROUND:
The Groundwater Development Project is comprised of a series of
capital projects that will provide for extraction and delivery of groundwater
from water wells in Fountain Valley through pipelines between there and
Newport Beach. To convey the groundwater pumped from the wells to
Newport Beach, the project requires construction of approximately four miles
of large diameter pipeline. To move the water farther on into the distribution
system, the City must construct a reservoir and a pump station.
This portion of the overall project deals with the construction of
the 3.0 million gallon reservoir and the pump station at the Utilities Yard on
16'h Street. The reservoir and pump station design is nearly completed.
Staff and the design team are attempting to bring the final plans and
specifications to Council for approval and authorization to bid at the next
Council meeting.
In order to insure construction is properly done, and to effectively
administer the construction contract, the City is proposing to hire an
engineering firm to act as construction manager and to coordinate the
inspection and contract management services. The construction manager will
oversee the day to day construction activities related to the reservoir, the
pump station and the disinfection facilities during the next year to 18 months.
In this capacity, the construction management firm will provide staff to
conduct and coordinate inspections, review changed conditions, assist the City
in negotiating change orders, orchestrate weekly meetings, and prepare all
documentation for contract administration and progress payments.
09)
• •
January 9'", 1995 - Page 2
Groundwater Development Project
Reservoir & Pump Station
Construction Management Services
From a schedule standpoint, it is important to note that the
construction manager will be assisting the City in a number of tasks that will
occur prior to the actual commencement of the reservoir construction. Some
examples of these tasks include setting up communication and reporting
procedures, preparing a number of tracking forms and scheduling controls,
helping the City respond to questions and requests for clarifications during
the bidding process, issuing bid addenda if necessary, establishing shop -
drawing review procedures, coordinating the pre - construction meeting and a
number of other tasks. As such, it is important to understand that the
construction manager needs to be on board before the City advertises for bids
for the construction.
Because the reservoir and pump station construction is the largest,
most complex, and lengthiest construction component of the Groundwater
Development Project, it is also a critical -path schedule item. That is: if this
component of the project is delayed, the overall project will also be delayed. It is
therefore, imperative that the construction management agreement be in effect
at the earliest possible date, to expedite the reservoir and pump station project
component and to prevent delays to the overall project.
The construction management consultant selection process was
conducted consistent with State Law and City policy. Details about the process
and the selection follow. Additional detail is provided in the attachments to
this staff report.
CONSTRUCTION MANAGEMENT SELECTION:
To initiate this phase of the project, staff implemented a
"qualifications -based selection" (QBS) process for the necessary
professional engineering design services. The QBS process was provided
for by the Federal Government in 1972 under Public Law No. 92 -582. This
law, known as the Brooks Architect- Engineering Act of 1972, specifically
addressed the process of selecting architects and engineers based on
qualifications. This was done recognizing that these services relate
directly to project issues affecting public health and safety, such as
buildings, structures and public water supplies.
In 1989, the Brooks Act was amended by the Federal
Government under Public Law No. 100 -656. California has enacted
legislation to conform to the revised Federal Law under SB -419, which was
also enacted in 1989. This bill amended the Government Code, Section 4526.
As a result, California law provides for a QBS process for any political
subdivision or state or local agency in California. In effect, this precludes
"bidding" for professional engineering services. Instead, it requires that
consultant's be selected on criteria relating to competence, experience, ability
and qualifications. A key excerpt from Section 4526 of the State Government
Code reads, "Notwithstanding ......... selection by a State or local agency for
professional services of private architectural, engineering, land surveying, or
construction project managementfirns shall be on the basis of demonstrated
competence and on the professional qualifications necessary for the
satisfactory performance of the services required."
•
is
• 0
January 9'", 1995 - Page 3
Groundwater Development Project
Reservoir & Pump Station
Construction Management Services
• The City of Newport Beach has a procedure for obtaining
professional services. The Public Works and Utilities Departments use
essentially identical procedures to obtain professional engineering services.
In keeping with this procedure, the City solicited "statements of
qualifications" from a number of professional design firms. Based on these
"statements of qualifications" proposals were solicited from four of the most
qualified firms. This was done by written "requests for proposals" or RFP's.
A copy of the project RFP is attached as Exhibit "A ".
The four firms that were invited to propose were selected based
on their previously submitted statements of qualifications and experience.
All four firms submitted responses to the request for proposals. The firms
were: Harris & Associates, Daniel Boyle Engineering Inc., Butier Engineering,
and ASL Consulting Engineers.
The written proposals were reviewed by the Utilities Department
Selection Committee. The committee was comprised of the Utilities Director,
a principal from an independent private Civil Engineering firm (a firm not
proposing on this project) who is a registered professional engineer, and an
engineering staff member who is also a registered professional engineer from
the same engineering firm . On the basis of a detailed ranking of the various
• firms, the selection committee chose Daniel Boyle Engineering Inc., as the
most qualified firm to perform the required construction management and
professional services for the project. The numerical ranking of the selection
committee and criteria is attached as Exhibit "B ".
A summary discussion of the detailed criteria used to evaluate
qualifications of the four engineering firms is also provided as an attachment
to this report. Refer to Exhibit "C ". The key areas of review were:
1. Proposal Content
2. Project Understanding
3. Project Experience
4. Project Team
5. Project Management
6. Project Schedule
7. Labor Costs
The most highly qualified firm for this project was selected based
on the listed criteria and their abilities demonstrated on other similar projects
in the past, and based on their very satisfactory performance on the design of
the reservoir portion of the project. The firm of Daniel Boyle Engineering Inc.,
• has a team of exceptionally qualified, technical professionals and designers
who have extensive experience with similar underground concrete water
reservoirs and numerous water pumping plant facilities. They also have
pipeline and utility construction experience on projects in Southern California
and throughout the southwestern United States. As a result, the selection
committee and staff believe that the consultant's team will be able to best
provide a high quality, cost - effective, timely, professional construction
management services and will coordinate efficiently with the City, the City's
contractor and other consultants and inspectors working on the interrelated
phases of the Groundwater Development Project.
• •
January 91°, 1995 - Page 4
Groundwater Development Project
Reservolr & Pump Station
Construction Management Services
The proposed Professional Services Agreement with Daniel •
Boyle Engineering Inc., provides for a comprehensive set of professional
Ievel tasks to administer and inspect the project. All of the tasks required
are to be performed on the basis of an approved Fee Schedule at an hourly
rate, included in the Agreement. The Agreement provides a total "not -to-
exceed" fee amount of $253,090. The specific work tasks and
responsibilities are further enumerated and are detailed in the Agreement,
which is attached as Exhibit "D ".
If approved, the construction management consultant will be
brought on board immediately to handle tasks related to bidding the
reservoir and pump station, keeping track of plan holders, logging and
preparing requests for clarification and if needed, preparing bid addenda.
Construction of the reservoir and pump station is proposed to
begin March 1995. The Professional Services Agreement requires the project
management consultant to provide services for the duration of the
construction, which is expected to take between 12 and 18 months.
RECOMMENDED ACTION:
Approval of the construction management services contract is •
recommended. Taking this action now is also important and will allow the City
to retain the firm and have them provide assistance during the bid process for
the reservoir and pump station. During bidding, there will be a number of
technical questions and follow -up actions that will likely be required. Having
the construction manager on board during the bid process will also be
invaluable to the City in that the construction manager may be needed to
prepare and issue bid addenda and /or clarifications to the plans and
specifications.
Funds are available for the construction management contract in
the Water Fund under Capital Projects Account No. 7504 P 500 095 A.
Staff recommends approval.
Respectfully submitted,
Jeff Staneart, P.E.
Utilities Director
1S:sdi
EXHIBITS: "A ": Request for Proposals
"B ": Proposal Evaluation Matrix
"C ": Proposal Matrix Criteria
"D ": Professional Services Agreement
ar�a�r��4 r�oQ pQOpo�Qa
CONSTRUCTION MANAGEMENT SERVICES
• FOR
16T" STREET RESERVOIR & PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
Description and Location of Project
The proposed project is part of the City's Groundwater Development Project.
The project involves providing construction management services during
construction of the 161h Street Reservoir and Pump Station.
The portion of the Groundwater Development Project your firm is being asked to
propose on, requires on -site construction management services for a 3.0 million
gallon underground reinforced concrete reservoir and a 14,000 gallon per minute
water pump station and site work appurtenant to both.
The 3.0 million gallon reservoir will include: constructing two (2) buried,
reinforced concrete valve vaults, installation of steel water lines, drains lines and
subdrains, grading and backfilling of the reservoir and other incidental items
• associated with the project.
The pump station will include a 10,000 square foot reinforced masonry
building to house pumps, electrical power supply with controls, an emergency
generator, a chlorination system, a gas scrubbing system and an ammoniation
system. In addition, the work will include one (1) buried reinforced concrete
valve vault, site piping, utilities, excavation, backfill and other incidental items
associated with the project.
The project is located at the City of Newport Beach, Utilities Yard at 949 West 161h
Street. These are major components of the City's Groundwater Development
Project. (See Exhibit "A ")
Scope of Services
The consultant shall be responsible for complete construction management services
relative to the construction of the previously described project components.
The consultant shall provide a project manager to oversee the project and an
• on -site engineer at the jobsite thoughout project construction. The City
anticipates that the project will take twelve (12) months to complete. The City
has provided in the project specifications, alternative bids for earlier
completion dates [ten (10) months or eight (S) months]. The anticipated
construction schedule will be determined by the City at the time of the bid
opening. For the purpose of this proposal, the consultant shall provide a "not -
to- exceed" fee based on a twelve (12) month construction schedule. If the City
chooses one of the alternative bids, then the City will re- negotiate with the
successful construction management consultant.
0 0
Page 2
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
Scope of Services (cont.)
The minimum scope of work and primary tasks required for this proposal are as •
follows:
I. PRECONSTRUCTION SERVICES
A. Work with City staff prior to construction to prepare a construction
procedures manual. This manual shall include the following:
1. Identify key individuals and lines of communication
2. Determine communication devices and procedures
3. Establish general reporting procedures
4. Establish construction reporting procedures including field clarifications,
change orders and shop drawing reviews
5. Establish field office security and backup procedures
6. Develop progress reports and payment request procedures
7. Develop a master schedule and establish update procedures
8. Establish document control procedures
9. Establish permit tracking system
10. Establish coordination with adjacent and appurtenant projects
(contractors and design consultants) •
11. Establish project close -out procedures
B. Startup Field Office
The City will provide a field office in the Contractor's construction trailer.
Office furniture and equipment will be provided by the Contractor. After
completion of the project, the construction manager will return all office
furniture and equipment in good condition. if any furniture or equipment are
damaged or destroyed during construction, it will be the responsibility of the
construction manager to replace all damaged or destroyed items to the
satisfaction of the City.
C. Establish Computer Based Communications
The City will require the Construction Manager to have full access to a
Macintosh Computer tied to the City's computer network. The Construction
Contractor will provide the computer as a part of the project. City forces will
make the network connection, verify proper operation and train staff on the
basics of operation and provide copies of reference manuals for all software to •
be utilized. The City shall be responsible for licensing all software accessed
upon the network. In coordination with the City, the construction manager
will determine any additional software necessary during construction
management.
D. Pre - Construction Meeting
Work with City's project manager to coordinate, schedule and conduct the
Pre-construction meeting.
•
0
Scope of Services (coat.)
II. CONSTRUCTION SERVICES
•
Page 3
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
A. Establish and implement a continuous program to monitor construction
activities, including the following:
1. Provide daily updated reports to the Utilities Director.
2. Log and track all shop drawing submittals with respect to City, design
consultants and contractor.
3. Observe all construction and coordinate observation of specialty
construction. Including, but not limited to specialty construction
anticipated include: steel reinforcing, waterstop placement, construction
joint location, subdrain system, pump and motor placement, disinfection
systems, electrical, controls and instrumentation and appurtenant work.
4. Observe all major materials deliveries to the site to assure they are in accord
with the specifications and approved shop drawings.
5. Coordinate testing of all materials in accord with the specifications.
6. Document construction progress, by preparing a daily record of
construction, daily construction reports and taking 35mm photographs at
significant times during construction. Pictures shall be labeled as to date,
location and specific task photographed.
7. Conduct weekly project meetings, including scheduling and
documenting weekly meetings with the Contractor, City and design
engineers to discuss project progress and intended progress for the
coming week.
8. Coordinate construction survey, coordinate Contractor's survey
requests, track and schedule construction surveying. Monitor survey
provided to Contractor and notify Contractor in writing of requests for
restaking which will be the Contractor's financial responsibility.
• 9. Coordinate with adjacent construction activities, including attending
coordination meetings with City, design engineers and other contractors
regarding construction activities related to the water transmission main and
other piping within 16th Street.
10. Coordination with the City of Newport Beach Building and Public Works
Department inspection staff and specialty inspectors, coordinate Contractor's
inspection requests, track, schedule and monitor all inspections.
0
Scope of Services (cont.)
P
Page 4
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
11. Coordinate soils compaction testing, coordinate Contractor's compaction •
tests requests, track, schedule and monitor soils compaction testing.
12. Administer and track all "Requests for Field Clarification ", "Change in
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractor's notification of Change in
Conditions" and "Contractor's requests for Change Orders ". Provide
appropriate response and /or recommendations to and from the City.
Consult with design engineers on all technical matters. Arrange for and
participate in negotiations between the City and the Contractor.
13. Monitor permits under which the City has responsibility, monitor the
expiration dates and make application for extensions when
appropriate. Monitor the Contractor's general compliance and advise
the Contractor when non - compliance is observed.
14. Update and analyze the master construction schedule each week, update the
master construction schedule with the previous week's progress and the
Contractor's anticipated projected work. Analyze actual versus anticipated
progress, milestone dates and final completion. Make recommendations as •
necessary and advise the City of changes.
15. Process monthly progress pay estimates including review of the Contractor's
work progress with a City representative on Contractor's pay requests;
review for accuracy and compare with actual work completed; make
appropriate recommendations to the City on payment issues. Provide a
summary report of work performed during each payment period.
16. Provide document control including processing and filing all project
correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
17. Monitor contractor's safety program including observing the
implementation of the Contractor's safety program and report observed
deviations from this program. (This action will not relieve the Contractor of
sole responsibility for job site safety.) The Construction Manager shall not
assume, and the City shall not require, that the Construction Manager bear
any responsibility or liability for safety of anyone other than his own
employees. The Construction Manager will not be required to work or
inspect any of the Contractors' work in unsafe working conditions. Only the
City will have the authority to issue "Stop Work Orders" to Contractors.
18. Observe general site conditions and notify the Contractor when excess
materials, etc., must be disposed of and when general site clean up is
required.
•
9
Scope of Services (cont.)
• III. DISINFECTION AND TESTING
Page 5
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
A. Establish and implement a continuous program to monitor disinfection
and testing activities, including the following:
1. Review the Contractor's proposed disinfection, testing and startup
procedure for the reservoir, pumps, piping and appurtenances within
the Pump Station Building. Analyze procedures with City staff and
design engineers. Assist the Contractor with any approved
modifications to the procedures to meet all requirements.
2. Observe and document sweeping, cleaning and swabbing of the reservoir,
pipeline interiors, pump cans, and other appurtenances.
3. Observe and document pressure testing of the pipeline and appurtenances
with City personnel and in accord with the specifications and the approved
testing sequence.
• 4. Observe and document the initial filling of the reservoir. Coordinate survey
to monitor reservoir settlement.
5. Observe and document disinfection of the entire system in accord with
the specifications.
6. Observe and document testing of electrical, telemetry, control, chlorine and
ammonia systems in accord with the Contractor's proposed sequence. This
testing will also include testing and adjustments by manufacturer's
representatives such as control valves, disinfection systems, etc.
7. Coordinate, observe and document testing of the full system (reservoir and
pump station) in accord with the approved sequence.
IV. PROJECT CLOSE OUT
A. Coordinate with City staff, design consultants and Contractor to prepare
project close -out, as follows:
• 1. Determine that all testing has been successfully completed and that all
construction is complete and satisfactory.
2. Prepare preliminary punch list of deficiencies.
3. Observe Contractor's successful completion of all work required by
preliminary punch list.
4. Prepare final punch list of deficiencies.
Page 6
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
Scope of Services (cont.)
5. Observe Contractor's successful completion of all work required by final •
punch list. Repeat Steps No. 1 through No. 5 until all items are complete.
6. Construction Manager shall maintain a record of all changes made
during construction, and periodically (at least monthly) review
Contractor's records to assure Contractor keeps a record of changes in
accord with the specifications.
7. Obtain Contractor's records of changes during construction (as- builts).
8. Coordinate the production of record drawings with design
consultants. Review completed record drawings and make
recommendations to the City on acceptance.
9. Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to City on acceptance.
10. Witness and document delivery of all spare parts and similar items from the
Contractor to the City as required by the Contract Documents. .
11. Obtain from the Contractor any written documents required by the
Contract for project close -out.
12. Prepare recommendations to the City for preparation of the Notice of
Completion.
13. Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
14. Remove all equipment and items belonging to Construction Manager
from the field office.
Additional Responsibilities
The consultant's proposal shall include a detailed list itemizing the tasks required
as described above to complete the scope of work outlined herein. Each task shall
include a detailed estimate of person -hours required for completion.
The consultant shall assign responsible project representatives (Project Manager and On-
site Engineer) and alternates, who shall both be identified in the proposal. The consultant's•
representative will be responsible for the consultant's duties from contract negotiations
through project completion. If the consultant's primary representative should be unable to
continue with the project, then the consultant's alternate representative shall become the
primary representative. Any changes in responsible representation must be approved, in
advance by the City. The City will have the right to reject other proposed changes in
personnel, and may consider any other changes in responsible personnel as a breach of the
contract and cause for termination.
0 0
Page 7
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
Additional Responsibilities (Cont.)
is The consultant shall provide a "Fee Schedule" outlining all applicable hourly rates and
costs for services. The proposal shall provide a breakdown of fees associated with each
project task. Most importantly, the consultant shall submit a total fee, with a "not -to-
exceed" total, which shall include and incorporate all work necessary to complete the
project.
The consultant shall be responsible for completing the specified services in accord with
the City's "Professional Services Agreement ", which will be prepared by the City.
Services specified in this agreement shall be taken directly from the Consultant's
Proposal and from this "Request for Proposal ". The primary components and
provisions of the agreement shall include; liability insurance coverage and errors and
omissions insurance coverage in the amount of one million dollars ($1,000,000).
City's Responsibilities
The City will provide the following to assist the consultant with the project and its
completion:
1. Plans, drawings, specifications and cost estimates as are available and appurtenant
to the 16th Street Reservoir and Pump Station project components.
• 2. Survey information, as may be available and appurtenant to the 16th Street
Reservoir and Pump Station project components.
3. Design criteria, hydraulic data and other technical information, as may be
available and appurtenant to the 16th Street Reservoir and Pump Station
project components.
4. The City will provide blueprinting, CADD plotting, large orders of photocopying
and other services through the City's reproduction company. Construction Manager
must obtain approval by City prior to any reproduction.
(a D
0
PROPOSAL CONTENT
Related Project Experience
Project Staff Assigned
Grasp of the Project Requirements
Approach to Project Management
Proposed Project Schedule
Proposed labor Breakdown
Fee
Proposed Total Hours
Average Labor Cost
Total Weighted Score
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
0 0
Groundwater Development Project
Construction Management Services
16th Street Reservoir Pump Station
ASL
BE
DBE
HA
ASL Consulting
Butier
Daniel Boyle
Harris&
Engineers
Engineering
Engineering
Associates
4
4
4
4
3.5
3.5
4
4
3
4
4.5
4
4
4
4.5
4
3
4
4
3
3.5
4
4
3.5
$157.800
$272.200
$253.090
$311.800
2.290
3.792
3.318
4.216
$68.91
$71.78
$76.28
$73.96
3.63
3.88
4.15
3.85
Weights
25.00%
25.00 °%
10.00%
20.00%
10.00%
10.00%
•
•
•
• •
Groundwater Development Project
• Construction Management Services
16th Street Reservoir & Pump Station
Evaluation Criteria
Selection Matrix Discussion
Summary:
Proposals were received from four (4) firms that were requested to submit
proposals for the subject project. These firms were selected based on
previously submitted "Statements of Qualifications ". The four (4) firms which
submitted proposals are listed below:
• 1. ASL Consulting Engineers, Inc. (ASL)
2. Butier Engineering, Inc. (BE)
3. Daniel Boyle Engineering, Inc. (DBE)
4. Harris & Associates (HA)
The proposals were reviewed by the selection committee and were ranked
based on the content of their proposals with respect to the following items;
prior experience performing similar services, project team experience and the
completeness of the discussion relating to their approach to the project.
Based on a complete analysis of the written proposals, all four (4)
proposing firms, ASL, BE, DBE and HA, were deemed most capable to
perform work required by this project.
After careful review, the Selection Committee, recommends that DBE be
• retained to perform the required services. This recommendation is based on
the quality of DBE's proposal with respect to the proposed scope of work,
DBE's familiarity with the basis of the design and design details of the project
for which they will be providing construction management and inspection
services. They were selected primarily because they were the reservoir
engineering design firm and were most familiar with all aspects of the project
facilities to be constructed. Also of significant importance was the
qualifications of the proposed project team and their previous experience with
similar reservoir and pump station project construction.
0 •
Consultant Matrix Criteria - Page 2
Groundwater Development Project
Construction Management Services
Reservoir & Pump Station
A ranking matrix is attached. The following paragraphs describe the
rationale behind each ranking in each category.
Project Understanding
It is imperative that the full scope and extent of the work is clearly identified
and understood by the consultant in their written proposals.
During the proposal process, three firms sought additional information from
the City. They brought members of their proposed project team to meet with
members of the Utilities Department staff and /or the selection committee.
Each firm demonstrated a reasonable understanding of the project scope.
However, three of the firms demonstrated a more complete understanding.
They were: BE, HA and DBE.
These three (3) consultants had a good understanding of the necessary scope of
work required for the project. The scope of work will be a major part of this
project, this factor is important to the consultant's ability to effectively manage
and organize the required tasks prior to construction, during construction and
final project close out. Both DBE and HA demonstrated a good understanding
the control of time with respect to completion of the project.
Project Experience
The proposing firms were ranked on recent project experience relative to
Construction Management Services. Local experience with similar projects was
a large element in determining the ability of the consultant. More weight was
given to firms who had Orange County experience and with a greater emphasis
on Newport Beach experience. Familiarity with standard construction
procedures, local conditions and communication was highly important.
Of the four (4) proposing firms, DBE and BE appeared to have the most
experience in overall Construction Management. HA and ASL, also had
significant experience, some with similar projects.
Project Team
The project staff and their respective qualifications are a key qualification
requisite for this project. The work experience of the individual professional
staff members is vital to the success and efficiency of the effort to efficient
construction management. Given the complex nature of this project, the
experience and capability of the project team affects the other key areas, such
as ability of the consultant to meet the required tasks and to provide efficient
project coordination with the City.
ASL, BE and HA had key team members assigned to the project. However, DBE
had the strongest project team proposed.
•
•
•
Project Management
is
Consultant Matrix Criteria - Page 3
Groundwater Development Project
Construction Management Services
Reservoir & Pump Station
The magnitude of the coordination and management that is required for the
various aspects of this project is deemed to be very important for a successful
project. It is mandatory that the successful firm provide a knowledgeable
project manager.
HA and BE provided proven project managers for construction management
services. DBE proposed a project manager with direct applicable and
successful project management experience.
Project Schedule
The project schedule is crucial to insure that overall Groundwater
Development Project is not affected by this proposed work effort.
Because the schedule for this critical element of the Groundwater
Development Project was set by the City, every firm had proposed to meet
the required schedule.
Labor Costs
Fees, as well as average labor costs are a vital indicator in the evaluation of
the consultants' fees to assure that appropriate time is committed to complete
the designated tasks within a "not -to- exceed" price contract.
An analysis of the total hours allotted for each project task was performed.
This was done to get an idea of the completeness and level of effort each
consultant proposed to place.on the various project task components. The
review looked at both the number of hours, assigned personnel and hourly
rates for various team members. The indicator in the evaluation matrix looked
at the average weighted hourly labor cost. The total hours allotted to perform
the required services was also considered very important.
In this analysis, the two (2) firms who provided the most appropriate
allocation of staff resources and total hours to facilitate a high Construction
Management services value were DBE and BE.
0 e_ 2 961(c)
AGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
FOR THE
10 STREET RESERVOIR & PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this `%11i day of
January, 1995, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Daniel Boyle Engineering, Inc., a California
Corporation, hereinafter referred to as "CONSULTANT ".
WITHESSETH:
WHEREAS, "CITY" is implementing a municipal groundwater producing
project with water facilities to deliver potable water to its customers, and;
WHEREAS, "CITY" as part of the overall Groundwater Development Project,
must construct certain improvements located at the 16' Street Utilities Yard,
including an underground concrete reservoir, a water pump station, water
disinfection facilities and some associated appurtenant work, collectively hereinafter
referred to as "PROJECT ", and;
WHEREAS, "CITY" requires construction management and field inspection
services during construction of "PROJECT ", and;
WHEREAS, "CITY ", as part of the construction management services for the
"PROJECT", desires a project manager and an on -site engineer to oversee construction
and to verify the contractor's compliance with the plans and specifications, and;
WHEREAS, these construction management services require a qualified
professional engineering firm with employees, experienced in construction and
contract management related to reservoir and pump station construction, and;
WHEREAS, "CITY" has solicited and received a proposal from
"CONSULTANT" for construction management, as well as, to provide certain other
essential professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
and understood that:
• •
I. GENERAL
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required herein shall be performed
under their direct supervision, and all personnel engaged in the work shall be
fully qualified and authorized or permitted under State and local law to perform
such services.
IL SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following professional services to "CITY"
A. "CONSULTANT" shall provide the necessary services to complete the defined
tasks associated with the "PROJECT ". Those tasks include the following:
1. Meetings with City staff.
a. "CONSULTANT" shall work with "CITY's" Project Manager to coordinate,
schedule and conduct the pre - construction meeting.
b. "CONSULTANT" shall keep the "CITY's" Project Manager apprised of the
progress being made by the "CITY'S" contractor. Such appraisal shall be
made via telephone, in writing as appropriate and via meetings.
c. "CONSULTANT" shall meet with the City staff on a weekly basis, and shall
schedule and document weekly meetings with the "CITY's" contractor,
"CITY" and its design engineers to discuss project progress and intended
progress for the coming week.
2. Prepare a construction procedure's manual that shall include the following:
a. Key individuals and lines of communication.
b. Determine communication devices and procedures.
c. Establish general reporting procedures.
d. Establish construction reporting procedures, including field clarification's,
change orders and shop drawing reviews.
e. Establish field office security and backup procedures.
f. Develop progress reports and payment request procedures.
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g. Develop a master schedule and establish schedule update procedures.
h. Establish document control procedures.
i. Establish a permit tracking system.
j. Establish coordination with adjacent and appurtenant projects (contractors
and design consultants).
k. Establish project close -out procedures.
3. Field Office Set -up
a. "CONSULTANT" shall be responsible for making sure that the contractor's
supplied field office is properly equipped, as specified herein below.
(1.) Office trailer to be provided by Contractor
(2.) Office furniture and equipment to be provided by Contractor.
(3.) "CONSULTANT" shall be responsible for the maintenance of the
construction office, and shall be held accountable and responsible for
any damaged or missing furniture or equipment.
b. Establish Computer Based Communications
(1.) "CONSULTANT" will utilize a Macintosh Computer provided by the
contractor and tied to " CITY's" computer network.
(2.) "CONSULTANT" will determine any additional software necessary
for use during "PROJECT ".
4. Construction Services
a. Provide daily updated reports to the Utilities Director.
b. Log and track all shop drawing submittals with respect to "CITY ",
design consultants and contractor.
c. Observe all construction and coordinate observation of specialty
construction. Including, but not limited to all specialty construction such
as: steel reinforcing, waterstop placement, construction joint location,
subdrain system, pump and motor placement, disinfection systems,
electrical, controls and instrumentation and appurtenant work.
d. Observe all major materials deliveries to the site to assure they are in
accord with the specifications and approved shop drawings.
e. Coordinate testing of all materials in accord with the specifications.
f. Document construction progress, by preparing a daily record of
construction, daily construction reports and taking 35 mm
photographs at significant times during construction. Pictures shall
be labeled as to date, location and specific task photographed.
g. Coordinate construction survey, Contractor's survey requests, track
and schedule construction surveying. Monitor survey provided to
Contractor and notify the survey firm in writing of requests for
restaking which will be the Contractor's financial responsibility.
h. Coordinate with adjacent construction activities, including attending
coordination meetings with "CITY ", design engineers and other
contractors regarding construction activities related to the water
transmission main and other piping within 16th Street.
i. Coordination with "CITY" Building and Public Works Department
inspection staff, specialty inspectors, coordinate Contractor's inspection
requests, track, schedule and monitor all inspections.
j. Coordinate soils compaction testing, Contractor's compaction test
requests, track, schedule. monitor soils compaction testing and notify
the geotechnical firm in writing of requests for retesting which will be
the Contractor's financial responsibility..
k. Administer and track all "Requests for Field Clarification ", "Change in
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractors Notification of Change in
Conditions" and "Contractor's requests for Change Orders ". Provide
appropriate response and /or recommendations to and from "CITY ".
Consult with design engineers on all technical matters. Arrange for a
participate in negotiations between "CITY" and the Contractor.
1. Monitor permits under which "CITY" has responsibility, monitor the
expiration dates and make application for extensions when
appropriate. Monitor the Contractor's general compliance and advise
the Contractor when non - compliance is observed.
m. Update and analyze the master construction schedule each week, update
the master construction schedule with the previous week's progress and
the Contractor's anticipated projected work. Analyze actual verses
anticipated progress, milestone dates and final completion. Make
recommendations as necessary and advise "CITY" of changes.
n. Process monthly pay estimates, including review of the Contractor's
work progress with "CITY" representative; review for accuracy and
compare with actual work completed; make appropriate
recommendations to "CITY" on payment issues. Provide summary
report of work performed during each payment period.
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o. Provide document control including processing and filing all project
correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
p. Monitor Contractor's safety program, including observing the
implementation of the Contractors safety program and report observed
deviations from this program. (This action will not relieve Contractor of
sole responsibility for job site safety.) "CONSULTANT" shall not assume,
and "CITY" shall not require, that "CONSULTANT" bears any responsibility
or liability for safety of anyone other than their own employees.
"CONSULTANT" will not be required to work or inspect any of the
Contractor's work in unsafe working conditions. Only "CITY" will have the
authority to issue "Stop Work Orders" to Contractors.
q. Observe general site conditions and notify Contractor when excess materials,
etc., must be disposed of and when general site clean up is required.
5. Disinfection and Testing
a. Establish and implement a continuous program to monitor disinfection and
testing activities, including the following:
(1.) Review the Contractor's proposed disinfection, testing and startup
procedure for the reservoir, pumps, piping and appurtenances within
the Pump Station Building. Analyze procedures with City staff and
design engineers. Assist the Contractor with any approved
modifications to the procedures to meet all requirements.
(2.) Observe and document sweeping, cleaning and swabbing of the
reservoir, pipeline interiors, pump cans, and other appurtenances.
(3.) Observe and document pressure testing of the pipeline and appurtenances
with City personnel and in accord with the specifications and the approved
testing sequence.
(4.) Observe and document the initial filling of the reservoir. Coordinate
survey to monitor reservoir settlement.
(5.) Observe and document disinfection of the entire system in accord
with the specifications.
(6.) Observe and document testing of electrical, telemetry, control, chlorine
and ammonia systems in accord with the Contractor's proposed
sequence. This testing will also include testing and adjustments by
manufacturer's representatives such as control valves, disinfection
systems, etc.
(7.) Coordinate, observe and document testing of the full system (reservoir
and pump station) in accord with the approved sequence.
• •
6. Project Close Out
a. Coordinate with City staff, design consultants and Contractor to prepare
project close -out, as follows:
(1.) Determine that all testing has been successfully completed and that
all construction is complete and satisfactory.
(2.) Prepare preliminary punch list of deficiencies.
(3.) Observe Contractor's successful completion of all work required by
preliminary punch list.
(4.) Prepare final punch list of deficiencies.
(5.) Observe Contractor's successful completion of all work required by
final punch list. Repeat Steps No. l through No. 5 until all items are
complete.
(6.) Construction Manager shall maintain a record of all changes made
during construction, and periodically (at least monthly) review
Contractor's records to assure Contractor keeps a record of changes in
accord with the specifications.
(7.) Obtain Contractor's records of changes during construction (as- builts).
(8.) Coordinate the production of record drawings with design
consultants. Review completed record drawings and make
recommendations to the City on acceptance.
(9.) Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to City on acceptance.
(10.) Witness and document delivery of all spare parts and similar items
from the Contractor to the City as required by the Contract
Documents.
(11.) Obtain from the Contractor any written documents required by the
Contract for project close -out.
(12.) Prepare recommendations to the City for preparation of the Notice
of Completion.
(13.) Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
(14.) Remove all equipment and items belonging to Construction
Manager from the field office.
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7. Additional Responsibilities
a. "CONSULTANT" shall assign responsible representatives (Project
Manager and On -Site Engineer) and alternates. Representatives shall be
responsible for duties from contract negotiations through project
completion.
b. If primary representative should be unable to continue with project, then
the alternate shall become the primary representative.
c. Any changes in responsible representation must be approved in advance
by "CITY ".
(L) "CITY" will have the right to reject other proposed changes in
personnel, and may consider such changes a breach of contract and
cause for termination.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of their responsibilities
under this Agreement, "CITY" agrees to provide the following:
A. Plans, drawings, specifications and cost estimates as may be available or are in
existence, which may be germane to the proper execution and completion of the
"CONSULTANT'S" defined duties.
B. Provide survey information, as may be available and applicable to "PROJECT ".
C. Design criteria, hydraulic data and other information, as may be available and
appurtenant to "PROJECT ".
D. Provide network tie -in for "CONSULTANT'S" trailer office computer.
E. Provide licensed software and applicable manuals for use by "CONSULTANT ".
F. "CITY" will provide blueprinting, CADD plotting, large orders of photocopying
and other services through "CITY's" reproduction company, Banana Blueprint.
"CONSULTANT" must obtain "CITY'S" approval prior to any reproduction.
IV. TIME OF COMPLETION
A. "CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. All work will be completed in a diligent and efficient manner
to the execution of its completion.
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B. The term of this Agreement shall expire thirty (30) calendar days after the date
the "PROJECT" is completed and accepted by "CITY ". It is agreed and
understood by both parties that this is sufficient time to complete all such
activities and tasks associated with the "PROJECT ".
V. OWNERSHIP OF DOCUMENTS
A. Original reports and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. Use of complete or incomplete deliverables or
documents for purposes other than this "PROJECT" shall be at the sole risk of
"CITY ". "CITY" shall indemnify "CONSULTANT" for any damages incurred as a
result of such use. No report, drawing, map, document or other data given to,
prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be
made available to any individual or organization by "CONSULTANT" without
prior written approval by "CITY ", unless required by subpoena.
B. "CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
C. "CONSULTANT" has permission to show prospective clients reports and data
which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to "CONSULTANT's" business office at
23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written
notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial
failure to perform in accord with the terms of this Agreement, if the "CITY" has
not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated
for any other reason, "CITY" agrees to compensate "CONSULTANT" for the
actual services performed up to the effective date of the "Notice of Termination ",
based on the fee schedule contained herein.
VII. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY'.
"CONSULTANT" shall not sublet, transfer or assign any work except as
otherwise provided for herein or as authorized in advance by the "CITY'.
B. Neither "CONSULTANT' nor "CITY' shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY ".
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the 'PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than two hundred and
fifty three thousand and ninety dollars ($253,090), except as otherwise provided
for herein below.
B. Payment & Fee Schedule
personnel Billing Classification hourly rates
Principal in Charge Managing Engineer .......................... $97.00
Construction Manager Principal Engineer ............................ 90.00
Resident Engineer Associate Engineer II ....................... 75.00
Engineering Support Senior Engineer I .............................. 89.00
Assistant Engineer I ......................... 55.00
Technical Support CAD Specialist .. ............................... 57.00
Designer ............ ............................... 52.00
CAD /Drafter II . ............................... 43.00
CAD /Drafter I .. ............................... 36.00
Intern/ Aide ....... ............................... 31.00
C. The contract amount shall be paid to "CONSULTANT' in monthly partial
payments based on the amount of hours worked and expenses incurred
during each monthly pay period, based on the actual hours of labor expended
as determined by the Project Manager for "CITY'. The sum of the partial
payments shall not exceed ninety percent (90 %) of the maximum fee as set
forth in paragraph "A" herein above. The balance of the total fee amount shall
be paid upon completion of the work specified herein.
D. In addition to the fixed, not -to- exceed fee, "CITY' agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses,
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Project Manager for
"CITY", and other reasonable expenses where such costs have been advanced
by "CONSULTANT" and approved in advance by "CITY ".
0 0
(I.) "CONSULTANT" shall provide written records (originals) of all
expenses incurred, and shall report all hours expended in the
performance of duties and tasks on a monthly basis. "CITY" agrees to
pay "CONSULTANT" within thirty (30) calendar days of the receipt of
said records and hourly summary.
(2.) "CONSULTANT" shall not be compensated for use of
" CONSULTANT's" equipment, hardware, software materials,
reproduction or mileage. Said costs are non- compensabee. Time
expended by "CONSULTANT'S" personnel on such equipment shall
be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ".
In consideration for performance of additional services authorized by "CITY"
in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount
based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ",
except that an increase in total compensation exceeding thirty thousand
dollars ($30,000.00) shall require an amended Agreement for such additional
services between the "CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" 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 specified under this Agreement. All such
records shall be maintained in accord with generally accepted accounting
principles and shall be clearly identified and readily accessible. "CONSULTANT"
shall provide free access to the representatives of "CITY" or its designees at all
proper times upon reasonable notice to "CONSULTANT" to such books and
records, and gives "CITY" the right to examine and audit same, and to make
transcripts therefrom as deemed necessary at " CITY's" cost, and to allow inspection
of all work, data, documents, proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance
policies. "CONSULTANT" shall use the "CITY'S" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT'S" indemnification, and also contain substantially the
following statement: "The insurance covered by this certificate may not be
canceled or non- renewed, except after thirty (30) days' written notice has been
received by "CITY ". Coverage may not be reduced or otherwise materially
altered without the same advance notice to "CITY" of such alteration.
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B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement all 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
"VIII" (or larger) in accord with an industry -wide standard and shall be
licensed to do business in the State of California.
1. An appropriate industry -wide insurance rating standard shall be deemed
"Best's Key Rating Guide', latest edition.
C. "CONSULTANT" shall maintain the following minimum coverage's:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Amount
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Aggregate Limits
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000).
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 general liability insurance, "CONSULTANT" shall look
solely to its insurance for recovery. "CONSULTANT" hereby grants to
"CITY ", on behalf of any general liability insurer providing insurance to
either "CONSULTANT" or "CITY" with respect to the services of
"CONSULTANT ", a waiver of any right of subrogation which any such
insurer of said "CONSULTANT" may acquire against "CITY" by virtue of
the payment of any loss under such insurance.
>>
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance
policies required under this Agreement, except Errors & Omissions
Insurance. 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 additional insured
named herein shall not be 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 "CONSULTANT' secondarily, if necessary.
XII. WAIVER
A waiver by "CITY" or "CONSULTANT' 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 different character.
XIIL 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.
XIV. 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 to
this Agreement will be effective only by written execution signed by both "CITY"
and "CONSULTANT'.
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT's" negligent acts, errors
or omissions, in the performance of services herein.
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s •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first
date above written:
APPROVED AS TO FORM:
11 , rl
��'vt�
Robin Clauson
Assistant City Attorney
ATTEST:
City of Newport Beach,
a municipal corporation
1 � /
John Hedges, Mayor
"CITY,
Daniel Boyle Engineering, Inc.
a California Corporation
Wanda E. Raggio Thomas . Hoo r, Jr., P. .,'V e President
City Clerk ,CONSU
Address & Telephone:
City of Newport Beach Daniel Boyle Engineering, Inc.
3300 Newport Boulevard, P. O, Box 1768 23231 South Pointe Drive, Suite 103
Newpon Beach, California 92658 -1768 Laguna Hills, California 92653
(714)644 -3011 (714)646 -5204 FAX (714)768 -2600 (714)586 -5188 FAX
13
December 12th, 1994
DEC 1 2 199a I CITY COUNCIL AGENDA
ITEM NO.�
TO: Mayor & Members of the City Council
FROM: Utilities Department
SUBJECT: 16"i STREET RESERVOIR & PUMP STATION (C- 2961 -C)
GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATIONS:
Authorize the Mayor and City Clerk to execute a
Professional Services Agreement on behalf of the
City, with Daniel Boyle Engineering, Inc. to
provide construction management services related
to the Reservoir & Pump Station for a fee not to
exceed $253,090.
2. Adopt the findings regarding environmental effects
and approve the Negative Declaration for the Drinking
Water Disinfection Facilities related to the Reservoir &
Pump Station Project.
BACKGROUND:
The Groundwater Development Project is comprised of a series of
capital projects that will provide for extraction and delivery of groundwater
from water wells in Fountain Valley through pipelines between there and
Newport Beach. To convey the groundwater pumped from the wells to
Newport Beach, the project requires construction of approximately four miles
of large diameter pipeline. To move the water farther on into the distribution
system, the City must construct a reservoir and a pump station.
This portion of the overall project deals with the construction of
the 3.0 million gallon reservoir and the pump station at the Utilities Yard on
16"' Street. The reservoir and pump station design is nearly completed.
Plans and specifications will be brought to the Council for approval and
authorization to bid in January 1995.
In order to insure construction is properly done, and to effectively
administer the construction contract, the City is proposing to hire an
engineering firm to act as construction manager and to coordinate the
inspection and contract management services. The construction manager will
oversee the day to day construction activities related to the reservoir, the
pump station and the disinfection facilities during the next year to 18 months.
In this capacity, the construction management firm will provide staff to
conduct and coordinate inspections, review changed conditions, assist the City
in negotiating change orders, orchestrate weekly meetings, and prepare all
documentation for contract administration and progress payments
• •
December 12th, 1994 - Page 2
Groundwater Development Project
Reservoir & Pump Station
Negative Declaration for Disinfection Facilities
Construction Management Services
The construction management consultant selection process
was conducted consistent with State Law and City policy. Details about
the process and the selection follow. Additional detail is provided in the
attachments to this staff report.
CONSTRUCTION MANAGEMENT SELECTION:
To initiate this phase of the project, staff implemented a
"qualifications -based selection" (QBS) process for the necessary professional
engineering design services. The QBS process was provided for by the
Federal Government in 1972 under Public Law No. 92 -582. This law, known
as the Brooks Architect- Engineering Act of 1972, specifically addressed the
process of selecting architects and engineers based on qualifications. This
was done recognizing that these services relate directly to project issues
affecting public health and safety, such as buildings, structures and public
water supplies.
In 1989, the Brooks Act was amended by the Federal
Government under Public Law No. 100 -656. California has enacted
legislation to conform to the revised Federal Law under SB -419, which was
also enacted in 1989. This bill amended the Government Code, Section
4526. As a result, California law provides for a QBS process for any political
subdivision or state or local agency in California. In effect, this precludes
"bidding" for professional engineering services. Instead, it requires that
consultant's be selected on criteria relating to competence, experience, ability
and qualifications. A key excerpt from Section 4526 of the State Government
Code reads, "Notwithstanding ......... selection by a State or local agency for
professional services of private architectural, engineering, land surveying, or
construction project management firms shall be on the basis of demonstrated
competence and on the professional qualifications necessary for the
satisfactory performance of the services required."
The City of Newport Beach has a procedure for obtaining
professional services. The Public Works and Utilities Departments use
essentially identical procedures to obtain professional engineering services.
In keeping with this procedure, the City solicited "statements of
qualifications" from a number of professional design firms. Based on these
"statements of qualifications" proposals were solicited from four of the most
qualified firms. This was done by written "requests for proposals" or RFP's.
A copy of the project RFP is attached as Exhibit "A".
The four firms that were invited to propose were selected based
on their previously submitted statements of qualifications and experience. All
four firms submitted responses to the request for proposals. The firms were:
Harris & Associates, Daniel Boyle Engineering Inc., Butler Engineering, and
ASL Consulting Engineers.
1 •
December, 1994 - Page 3
Groundwater Development Project
Reservoir & Pump Station
Negative Declaration for Disinfection Facilities
Construction Management Services
The written proposals were reviewed by the Utilities Department
Selection Committee. The committee was comprised of the Utilities Director, a
principal from an independent private Civil Engineering firm (a firm not
proposing on this project) who is a registered professional engineer, and an
engineering staff member who is also a registered professional engineer from
the same engineering firm . On the basis of a detailed ranking of the various
firms, the selection committee chose Daniel Boyle Engineering Inc., as the most
qualified firm to perform the required construction management and
professional services for the project. The numerical ranking of the selection
committee and criteria is attached as Exhibit "B ".
A summary discussion of the detailed criteria used to evaluate
the qualifications of the four engineering firms is also provided as an
attachment to this report. Refer to Exhibit "C ". The key areas of review were:
1. Proposal Content
2. Project Understanding
3. Project Experience
4. Project Team
5. Project Management
6. Project Schedule
7. Labor Costs
The most highly qualified firm for this project was selected based
on the listed criteria and their abilities demonstrated on other similar projects
in the past, and based on their very satisfactory performance on the design of
the reservoir portion of the project. The firm of Daniel Boyle Engineering Inc.,
has a team of exceptionally qualified, technical professionals and designers
who have extensive experience with similar underground concrete water
reservoirs and numerous water pumping plant facilities. They also have
pipeline and utility construction experience on projects in Southern California
and throughout the southwestern United States. As a result, the selection
committee and staff believe that the consultant's team will be able to best
provide a high quality, cost- effective, timely, professional construction
management services and will coordinate efficiently with the City, the City's
contractor and other consultants and inspectors working on the interrelated
phases of the Groundwater Development Project.
The proposed Professional Services Agreement with Daniel Boyle
Engineering Inc., provides for a comprehensive set of professional level tasks
to administer and inspect the project. All of the tasks required are to be
performed on the basis of an approved Fee Schedule at an hourly rate,
included in the Agreement. The Agreement provides a total "not- to -be-
exceeded" fee amount of $253,090. The specific work tasks and
responsibilities are further enumerated and are detailed in the Agreement,
which is attached as Exhibit "D ".
If approved, the construction management consultant will be
brought on board immediately to handle tasks related to bidding the reservoir
and pump station, keeping track of plan holders, logging and preparing
requests for clarification and if needed, preparing bid addenda.
December 12th, 1994 - Page 4
Groundwater Development Project
Reservoir & Pump Station
Negative Declaration for Disinfection Facilities
Construction Management Services
Construction of the reservoir and pump station is proposed to
begin March 1995. The Professional Services Agreement requires the project
management consultant to provide services for the duration of the
construction, which is expected to take between 12 and 18 months.
COMPLIANCE WITH CEQA:
A part of the proposed reservoir and pump station facilities at
the Utilities Yard includes water disinfection facilities. These facilities, which
are appurtenant to the pump station, were not discussed in the initial
Environmental Impact Report. As such, the City has prepared an a new
"Initial Study" that specifically discusses the proposed disinfection facilities.
The facilities are to be housed in the same reinforced masonry building as
the pumps are.
Disinfection facilities at the pump station include chlorine and
ammonia storage and handling equipment, an ammonia feed system, an
alarming and telemetry system, a chlorine gas scrubbing system to capture
and neutralize any chlorine which might leak, an emergency standby power
generator to insure that safety features perform during power outages,
monitoring and alarm equipment and separate fire resistant, seismicly
designed rooms where this equipment is to be housed.
The California Environmental Quality Act (Public Resources
Code Sections 21000- 21177) and the Guidelines for Implementation of the
California Environmental Quality Act (California Administrative Code
Sections 15000 et seq.) require that public agencies consider the
environmental consequences of projects they carry out or approve, and avoid
actions that would cause significant environmental effects when feasible
alternatives or mitigation measures are available that would substantially
lessen the significant effects of such projects.
The document containing the required environmental analysis is
called the "Initial Study ". Significant effect on the environment means a
"substantial, or potentially substantial, adverse change in any of the physical
conditions within the area affected by the project including land, air, water,
minerals, flora, fauna, ambient noise and objects of historic or aesthetic
significance" (CEQA Guidelines Section 15382).
Unless the proposed project is exempt, the agency must conduct
an Initial Study prior to project approval to determine whether the project has
the potential to cause a significant effect on the environment. If, on the basis
of the Initial Study, the City finds that there is substantial evidence that the
project may cause a significant effect on the environment, an Environmental
Impact Report (EIR) must be prepared (Guidelines See. 15063). If the Initial
Study finds no substantial evidence that the project may cause a significant
effect on the environment, or if changes have been incorporated into the
project that would avoid or mitigate the effects to a point where clearly no
significant effects would occur, a Negative Declaration shall be prepared
(CEQA Guidelines Section 15070).
• December 12th, 1994 -Page 5
Groundwater Development Project
Reservoir & Pump Station
Negative Declaration for Disinfection Facilities
Construction Management Services
ANALYSIS OF POTENTIAL ENVIRONMENTAL IMPACTS:
In accord with the California Environmental Quality Act (CEQA),
the State CEQA Guidelines and City Council Policy K -3, an Initial Study was
prepared for the proposed project disinfection facilities. The major concerns
identified in the Initial Study are potential impacts in the areas of geology and
potential health risks associated with the use of chloramination (chlorine and
ammonia) treatment. These concerns are summarized below. A complete
discussion of these issues is contained in the Initial Study (Attachment "E ").
Geologic impacts: The pump station is located near the Newport-
IngIewood Fault and is near an un- named, less significant fault across the
proposed project site. Mitigation has been incorporated into the design of the
project to accommodate ground shaking from the maximum credible
earthquake from the largest potential source of seismic activity; the Newport-
Inglewood Fault. The proposed facilities have been located to avoid areas for
potential fault rupture and have been designed to withstand all of the credible
seismic ground shaking.
Potential health risks: The drinking water treatment proposed
for the pump station includes a combination of chlorine and ammonia
disinfection. Both of these chemicals are classified as acutely hazardous
substances and are highly toxic if released into the environment.
Therefore, the project has the potential to create a health hazard to people
at the Utilities Yard and at the elementary school and businesses adjacent
to the site. Risks related to the potential release of chlorine and ammonia
have been mitigated by incorporating a number of redundant design,
safety, handling and containment features into the project. These features
are detailed as Mitigation Measure No. 3A -F in the attached Initial Study.
Additionally, pursuant to the State of California Health and Safety Code, a
Risk Management & Prevention Plan (RMPP) will be prepared to further
minimize risks to public safety. This plan will require consultation with
surrounding property owners and will require approval and certification by
the City of Newport Beach Fire Department and the California Department
of Health Services prior to issuance of occupancy permits for the
structure.
PUBLIC REVIEW & COMMENT:
After evaluating the information contained in the Initial Study,
staff determined that the project as modified by the recommended
mitigation measures, does not have the potential to cause a significant effect
on the environment. Because of this, a Negative Declaration was prepared.
(Attachment "E ").
December 12th, 1994 - Page 6
Groundwater Development Project
Reservoir & Pump Station
Negative Declaration for Disinfection Facilities
Construction Management Services
The Negative Declaration was posted for a 30 -day public review
period starting November 10`i', 1994. Notice was posted at the project site,
the State Clearinghouse, the County Clerk's office, Utilities Yard Site and at
City Hall. Copies of the Negative Declaration were also mailed directly to all
adjacent property owners, trustee agencies and interested parties. As a
courtesy, on November 10'h, the Utilities Director personally delivered the
Negative Declaration to Carden Hall Elementary School and met with the
school owner.
No comments on the Negative Declaration were received.
CONCLUSION & RECOMMENDED CEQA ACTIONS:
Based on the discussion above, staff believes that with the
proposed mitigation measures, the project does not have the potential to
cause a significant effect on the environment, and the Negative Declaration
adequately satisfies the requirements of CEQA. If the City Council concurs
with the analysis and conclusions in the Negative Declaration, CEQA
requires that certain findings must be adopted prior to project approval.
These findings are:
1. Adopt the findings regarding the environmental effects and approve the
Negative Declaration for the Drinking Water Disinfection Facilities.
a. The Negative Declaration and Final Environmental Impact Report 151
certified by the Newport Beach City Council on January 25', 1993,
adequately address the potential environmental impacts of the
project, and satisfy all the requirements of CEQA, and are therefore
approved. The Negative Declaration reflects the independent
judgment of the City Council and was reviewed and considered prior
to approval of the project.
b. The mitigation monitoring requirements of Public Resources Code
Section 21081.6 will be met through required compliance with
applicable codes, standards, mitigation measures, and conditions of
approval adopted in connection with the project. The mitigation
measures contained in the Negative Declaration are hereby adopted
as conditions of approval for the project.
c. An Initial Study has been conducted, and considering the record as a
whole there is no evidence before this agency that the proposed project
will have the potential for an adverse effect on wildlife resources or the
habitat upon which wildlife depends. On the basis of the evidence in
the record, this agency finds that the presumption of adverse effect
contained in Section 753.5(d) of Title 14 of the California Code of
Regulations (CCR) has been rebutted. Therefore, the proposed project
qualifies for a De Minimis Impact Fee Exemption pursuant to Section
753.5(c) of Title 14, CCR.
December 12th, 1994 - Page 7
Groundwater Development Project
Reservoir & Pump Station
Negative Declaration for Disinfection Facilities
Construction Management Services
FUTURE ACTIONS:
If the City Council concurs with the analysis and conclusions
and adopts the Negative Declaration, staff will prepare a Notice of
Determination and process it with the appropriate State and County offices.
Approval of the construction management services contract is
recommended. Taking this action now, will allow the City to retain the firm
and have them provide assistance during the bid process (expected to start in
January 1995) for the reservoir and pump station. During bidding, there will
be a number of technical questions and follow -up actions that will likely be
required. Having the construction manager on board during the bid process
will also be invaluable to the City in that the construction manager may be
needed to prepare and issue bid addenda and /or clarifications to the plans and
specifications.
Funds are available for the construction management contract in
the Water Fund under Capital Projects Account No. 7504 P 500 095 A. Staff
recommends approval.
Respectfully submitted,
STq^3EART
Jeff Staneart, P.E.
Utilities Director
JS:sdi
Attachments: "A ": Request for Proposals
"B ": Proposal Evaluation Matrix
"C ": Proposal Matrix Criteria
"D ": Professional Services Agreement
"E ": Negative Declaration
0
VV Achy COQ PQOPO %aQ
CONSTRUCTION MANAGEMENT SERVICES
FOR
16TH STREET RESERVOIR & PUMP STATION
GROUNDWATER DEVELOPMENT PROJECT
Description and Location of Project
The proposed project is part of the City's Groundwater Development Project.
The project involves providing construction management services during
construction of the 10h Street Reservoir and Pump Station.
The portion of the Groundwater Development Project your firm is being asked to
propose on, requires on -site construction management services for a 3.0 million
gallon underground reinforced concrete reservoir and a 14,000 gallon per minute
water pump station and site work appurtenant to both.
The 3.0 million gallon reservoir will include: constructing two (2) buried,
reinforced concrete valve vaults, installation of steel water lines, drains lines and
subdrains, grading and backfilling of the reservoir and other incidental items
associated with the project.
The pump station will include a 10,000 square foot reinforced masonry
building to house pumps, electrical power supply with controls, an emergency
generator, a chlorination system, a gas scrubbing system and an ammoniation
system. In addition, the work will include one (1) buried reinforced concrete
valve vault, site piping, utilities, excavation, backfill and other incidental items
associated with the project.
The project is located at the City of Newport Beach, Utilities Yard at 949 West 161h
Street. These are major components of the City's Groundwater Development
Project. (See Exhibit "A ")
Scope of Services
The consultant shall be responsible for complete construction management services
relative to the construction of the previously described project components.
The consultant shall provide a project manager to oversee the project and an
on -site engineer at the jobsite thoughout project construction. The City
anticipates that the project will take twelve (12) months to complete. The City
has provided in the project specifications, alternative bids for earlier
completion dates [ten (10) months or eight (8) months]. The anticipated
construction schedule will be determined by the City at the time of the bid
opening. For the purpose of this proposal, the consultant shall provide a "not-
to- exceed" fee based on a twelve (12) month construction schedule. If the City
chooses one of the alternative bids, then the City will re- negotiate with the
successful construction management consultant.
• •
Page 2
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
Scope of Services (cont.)
The minimum scope of work and primary tasks required for this proposal are as
follows:
I. PRECONSTRUCTION SERVICES
A. Work with City staff prior to construction to prepare a construction
procedures manual. This manual shall include the following:
1. Identify key individuals and lines of communication
2. Determine communication devices and procedures
3. Establish general reporting procedures
4. Establish construction reporting procedures including field clarifications,
change orders and shop drawing reviews
5. Establish field office security and backup procedures
6. Develop progress reports and payment request procedures
7. Develop a master schedule and establish update procedures
8. Establish document control procedures
9. Establish permit tracking system
10. Establish coordination with adjacent and appurtenant projects
(contractors and design consultants)
11. Establish project close -out procedures
B. Startup Field Office
The City will provide a field office in the Contractor's construction trailer.
Office furniture and equipment will be provided by the Contractor. After
completion of the project, the construction manager will return all office
furniture and equipment in good condition. If any furniture or equipment are
damaged or destroyed during construction, it will be the responsibility of the
construction manager to replace all damaged or destroyed items to the
satisfaction of the City.
C. Establish Computer Based Communications
The City will require the Construction Manager to have full access to a
Macintosh Computer tied to the City's computer network. The Construction
Contractor will provide the computer as a part of the project. City forces will
make the network connection, verify proper operation and train staff on the
basics of operation and provide copies of reference manuals for all software to
be utilized. The City shall be responsible for licensing all software accessed
upon the network. In coordination with the City, the construction manager
will determine any additional software necessary during construction
management.
D. Pre - Construction Meeting
Work with City's project manager to coordinate, schedule and conduct the
pre - construction meeting.
•
Scope of Services (cont.)
II. CONSTRUCTION SERVICES
Page 3
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
A. Establish and implement a continuous program to monitor construction
activities, including the following:
1. Provide daily updated reports to the Utilities Director.
2. Log and track all shop drawing submittals with respect to City, design
consultants and contractor.
3. Observe all construction and coordinate observation of specialty
construction. Including, but not limited to specialty construction
anticipated include: steel reinforcing, waterstop placement, construction
joint location, subdrain system, pump and motor placement, disinfection
systems, electrical, controls and instrumentation and appurtenant work.
4. Observe all major materials deliveries to the site to assure they are in accord
with the specifications and approved shop drawings.
5. Coordinate testing of all materials in accord with the specifications.
6. Document construction progress, by preparing a daily record of
construction, daily construction reports and taking 35mm photographs at
significant times during construction. Pictures shall be labeled as to date,
location and specific task photographed.
Conduct weekly project meetings, including scheduling and
documenting weekly meetings with the Contractor, City and design
engineers to discuss project progress and intended progress for the
coming week.
8. Coordinate construction survey, coordinate Contractor's survey
requests, track and schedule construction surveying. Monitor survey
provided to Contractor and notify Contractor in writing of requests for
restaking which will be the Contractor's financial responsibility.
9. Coordinate with adjacent construction activities, including attending
coordination meetings with City, design engineers and other contractors
regarding construction activities related to the water transmission main and
other piping within 16th Street.
10. Coordination with the City of Newport Beach Building and Public Works
Department inspection staff and specialty inspectors, coordinate Contractor's
inspection requests, track, schedule and monitor all inspections.
0
•
Page 4
16th Street Reservoir and Pump Station
Construction Management Services
Scope of Services (coot.) Request for Proposal
11. Coordinate soils compaction testing, coordinate Contractor's compaction
tests requests, track, schedule and monitor soils compaction testing.
12. Administer and track all "Requests for Field Clarification ", "Change in
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractor's notification of Change in
Conditions" and "Contractor's requests for Change Orders ". Provide
appropriate response and /or recommendations to and from the City.
Consult with design engineers on all technical matters. Arrange for and
participate in negotiations between the City and the Contractor.
13. Monitor permits under which the City has responsibility, monitor the
expiration dates and make application for extensions when
appropriate. Monitor the Contractor's general compliance and advise
the Contractor when non - compliance is observed.
14. Update and analyze the master construction schedule each week, update the
master construction schedule with the previous week's progress and the
Contractor's anticipated projected work. Analyze actual versus anticipated
progress, milestone dates and final completion. Make recommendations as
necessary and advise the City of changes.
15. Process monthly progress pay estimates including review of the Contractor's
work progress with a City representative on Contractor's pay requests;
review for accuracy and compare with actual work completed; make
appropriate recommendations to the City on payment issues. Provide a
summary report of work performed during each payment period.
16. Provide document control including processing and filing all project
correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
17. Monitor contractor's safety program including observing the
implementation of the Contractor's safety program and report observed
deviations from this program. (This action will not relieve the Contractor of
sole responsibility for job site safety.) The Construction Manager shall not
assume, and the City shall not require, that the Construction Manager bear
any responsibility or liability for safety of anyone other than his own
employees. The Construction Manager will not be required to work or
inspect any of the Contractors' work in unsafe working conditions. Only the
City will have the authority to issue "Stop Work Orders" to Contractors.
18. Observe general site conditions and notify the Contractor when excess
materials, etc., must be disposed of and when general site clean up is
required.
• •
Page 5
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
Scope of Services (cont.)
III. DISINFECTION AND TESTING
A. Establish and implement a continuous program to monitor disinfection
and testing activities, including the following:
1. Review the Contractor's proposed disinfection, testing and startup
procedure for the reservoir, pumps, piping and appurtenances within
the Pump Station Building. Analyze procedures with City staff and
design engineers. Assist the Contractor with any approved
modifications to the procedures to meet all requirements.
2. Observe and document sweeping, cleaning and swabbing of the reservoir,
pipeline interiors, pump cans, and other appurtenances.
3. Observe and document pressure testing of the pipeline and appurtenances
with City personnel and in accord with the specifications and the approved
testing sequence.
4. Observe and document the initial filling of the reservoir. Coordinate survey
to monitor reservoir settlement.
5. Observe and document disinfection of the entire system in accord with
the specifications.
6. Observe and document testing of electrical, telemetry, control, chlorine and
ammonia systems in accord with the Contractor's proposed sequence. This
testing will also include testing and adjustments by manufacturer's
representatives such as control valves, disinfection systems, etc.
7. Coordinate, observe and document testing of the full system (reservoir and
pump station) in accord with the approved sequence.
IV. PROJECT CLOSE OUT
A. Coordinate with City staff, design consultants and Contractor to prepare
project close -out, as follows:
1. Determine that all testing has been successfully completed and that all
construction is complete and satisfactory.
2. Prepare preliminary punch list of deficiencies.
3. Observe Contractor's successful completion of all work required by
preliminary punch list.
4. Prepare final punch list of deficiencies.
• •
Page 6
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
Scope of Services (cont.)
5. Observe Contractor's successful completion of all work required by final
punch list. Repeat Steps No. 1 through No. 5 until all items are complete.
6. Construction Manager shall maintain a record of all changes made
during construction, and periodically (at least monthly) review
Contractor's records to assure Contractor keeps a record of changes in
accord with the specifications.
7. Obtain Contractor's records of changes during construction (as- builts).
8. Coordinate the production of record drawings with design
consultants. Review completed record drawings and make
recommendations to the City on acceptance.
9. Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to City on acceptance.
10. Witness and document delivery of all spare parts and similar items from the
Contractor to the City as required by the Contract Documents.
11. Obtain from the Contractor any written documents required by the
Contract for project close -out.
12. Prepare recommendations to the City for preparation of the Notice of
Completion.
13. Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
14. Remove all equipment and items belonging to Construction Manager
from the field office.
Additional Responsibilities
The consultant's proposal shall include a detailed list itemizing the tasks required
as described above to complete the scope of work outlined herein. Each task shall
include a detailed estimate of person -hours required for completion.
The consultant shall assign responsible project representatives (Project Manager and On-
site Engineer) and alternates, who shall both be identified in the proposal. The consultant's
representative will be responsible for the consultant's duties from contract negotiations
through project completion. If the consultant's primary representative should be unable to
continue with the project, then the consultant's alternate representative shall become the
primary representative. Any changes in responsible representation must be approved, in
advance by the City. The City will have the right to reject other proposed changes in
personnel, and may consider any other changes in responsible personnel as a breach of the
contract and cause for termination.
E
Additional Responsibilities (Cont.)
n
Page 7
16th Street Reservoir and Pump Station
Construction Management Services
Request for Proposal
The consultant shall provide a "Fee Schedule" outlining all applicable hourly rates and
costs for services. The proposal shall provide a breakdown of fees associated with each
project task. Most importantly, the consultant shall submit a total fee, with a "not -to-
exceed" total, which shall include and incorporate all work necessary to complete the
project.
The consultant shall be responsible for completing the specified services in accord with
the City's "Professional Services Agreement ", which will be prepared by the City.
Services specified in this agreement shall be taken directly from the Consultant's
Proposal and from this "Request for Proposal ". The primary components and
provisions of the agreement shall include; liability insurance coverage and errors and
omissions insurance coverage in the amount of one million dollars ($1,000,000).
City's Responsibilities
The City will provide the following to assist the consultant with the project and its
completion:
1. Plans, drawings, specifications and cost estimates as are available and appurtenant
to the 16th Street Reservoir and Pump Station project components.
2. Survey information, as may be available and appurtenant to the 16th Street
Reservoir and Pump Station project components.
3. Design criteria, hydraulic data and other technical information, as may be
available and appurtenant to the 16th Street Reservoir and Pump Station
project components.
4. The City will provide blueprinting, CADD plotting, large orders of photocopying
and other services through the City's reproduction company. Construction Manager
must obtain approval by City prior to any reproduction.
AHD
PROPOSAL CONTENT
Related Project Experience
Project Staff Assigned
Grasp of the Project Requirements
Approach to Project Management
Proposed Project Schedule
Proposed Labor Breakdown
Fee
Proposed Total Hours
Average Labor Cost
Total Weighted Score
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
•
Groundwater Development Project
Construction Management Services
16th Street Reservoir Pump Station
0
ASL
BE
DBE
HA
ASL Consulting
Butler
Daniel Boyle
Harris &
Engineers
Engineering
Engineering
Associates
4
4
4
4
3.5
3.5
4
4
3
4
4.5
4
4
4
4.5
4
3
4
4
3
3.5
4
4
3.5
$157,800
$272,200
$253,090
$311,800
2,290
3,792
3.318
4,216
$68.91
$71.78
$76.28
$73.96
3.63
3.88
4.15
3.85
Weights
25.00%
25.00%
10.00%
20.00%
10.00%
10.00°.6
•
C
Groundwater Development Project
Construction Management Services
16th Street Reservoir & Pump Station
Evaluation Criteria
Selection Matrix Discussion
Summary:
Proposals were received from four (4) firms that were requested to submit
proposals for the subject project. These firms were selected based on
previously submitted "Statements of Qualifications ". The four (4) firms which
submitted proposals are listed below:
1. ASL Consulting Engineers, Inc. (ASL)
2. Butier Engineering, Inc. (BE)
3. Daniel Boyle Engineering, Inc. (DBE)
4. Harris & Associates (HA)
The proposals were reviewed by the selection committee and were ranked
based on the content of their proposals with respect to the following items;
prior experience performing similar services, project team experience and the
completeness of the discussion relating to their approach to the project.
Based on a complete analysis of the written proposals, all four (4)
proposing firms, ASL, BE, DBE and HA, were deemed most capable to
perform work required by this project.
After careful review, the Selection Committee, recommends that DBE be
retained to perform the required services. This recommendation is based on
the quality of DBE's proposal with respect to the proposed scope of work,
DBE's familiarity with the basis of the design and design details of the project
for which they will be providing construction management and inspection
services. They were selected primarily because they were the reservoir
engineering design firm and were most familiar with all aspects of the project
facilities to be constructed. Also of significant importance was the
qualifications of the proposed project team and their previous experience with
similar reservoir and pump station project construction.
Consultant Matrix Criteria - Page 2
Groundwater Development Project
Construction Management Services
Reservoir & Pump Station
A ranking matrix is attached. The following paragraphs describe the
rationale behind each ranking in each category.
Project Understanding
It is imperative that the full scope and extent of the work is clearly identified
and understood by the consultant in their written proposals.
During the proposal process, three firms sought additional information from
the City. They brought members of their proposed project team to meet with
members of the Utilities Department staff and /or the selection committee.
Each firm demonstrated a reasonable understanding of the project scope.
However, three of the firms demonstrated a more complete understanding.
They were: BE, HA and DBE.
These three (3) consultants had a good understanding of the necessary scope of
work required for the project. The scope of work will be a major part of this
project, this factor is important to the consultant's ability to effectively manage
and organize the required tasks prior to construction, during construction and
final project close out. Both DBE and HA demonstrated a good understanding
the control of time with respect to completion of the project.
Project Experience
The proposing firms were ranked on recent project experience relative to
Construction Management Services. Local experience with similar projects was
a large element in determining the ability of the consultant. More weight was
given to firms who had Orange County experience and with a greater emphasis
on Newport Beach experience. Familiarity with standard construction
procedures, local conditions and communication was highly important.
Of the four (4) proposing firms, DBE and BE appeared to have the most
experience in overall Construction Management. HA and ASL, also had
significant experience, some with similar projects.
Project Team
The project staff and their respective qualifications are a key qualification
requisite for this project. The work experience of the individual professional
staff members is vital to the success and efficiency of the effort to efficient
construction management. Given the complex nature of this project, the
experience and capability of the project team affects the other key areas, such
as ability of the consultant to meet the required tasks and to provide efficient
project coordination with the City.
ASL, BE and HA had key team members assigned to the project. However, DBE
had the strongest project team proposed.
Consultant Matrix Criteria - Page 3
Groundwater Development Project
Construction Management Services
Reservoir & Pump Station
Project Management
The magnitude of the coordination and management that is required for the
various aspects of this project is deemed to be very important for a successful
project. It is mandatory that the successful firm provide a knowledgeable
project manager.
HA and BE provided proven project managers for construction management
services. DBE proposed a project manager with direct applicable and
successful project management experience.
Project Schedule
The project schedule is crucial to insure that overall Groundwater
Development Project is not affected by this proposed work effort.
Because the schedule for this critical element of the Groundwater
Development Project was set by the City, every firm had proposed to meet
the required schedule.
Labor Costs
Fees, as well as average labor costs are a vital indicator in the evaluation of
the consultants' fees to assure that appropriate time is committed to complete
the designated tasks within a "not -to- exceed" price contract.
An analysis of the total hours allotted for each project task was performed.
This was done to get an idea of the completeness and level of effort each
consultant proposed to place on the various project task components. The
review looked at both the number of hours, assigned personnel and hourly
rates for various team members. The indicator in the evaluation matrix looked
at the average weighted hourly labor cost. The total hours allotted to perform
the required services was also considered very important.
In this analysis, the two (2) firms who provided the most appropriate
allocation of staff resources and total hours to facilitate a high Construction
Management services value were DBE and BE.
OF NEWPORT BEA*
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92659 -1768 - (714) 644 -3225
NEGATIVE DECLARATION
To:
Office of Planning and Research
® 1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk, County of Orange
v Public Services Division
P.O. Box 838
Santa Ana, CA 92702
From: City of Newport Beach
Planning Department
3300 Newport Boulevard - P.O. Box 1768
Newport Beach, CA 92659 -1768
(Orange County)
Date received for filing at OPR:
Public review period November 10 - December 12, 1994
NameofProject. !lawport Beach Groundwater Development Project
Drinking Water Disinfection Facilities
Project Location: 949 !d. 16th Street, Newport Beach
Project Description: Pump station and water treatment facility for Newport Beach
Groundwater Development Project
Finding: Pursuant to the provisions of City Council Policy K -3 pertaining to procedures and guidelines to implement the
California Environmental Quality Act, the Environmental Affairs Committee has evaluated the proposed project and
determined that the proposed project will not have a significant effect on the environment.
A copy of the Initial Study containing the analysis supporting this finding is attached. The Initial Study may include
mitigation measures that would eliminate or reduce potential environmental impacts. This document will be considered
by the decision - maker(s) prior to final action on the proposed project. If a public hearing will be held to consider this
project, a notice of the time and location is attached.
If you wish to appeal the appropriateness or adequacy of this document, your comments should be submitted in writing
prior to the close of the public review period. Your comments should specifically identify what environmental impacts you
believe would result from the project, why they are significant, and what mitigation measures you believe should be adopted
to eliminate or reduce these impacts. There is no fee for this appeal. If a public hearing will be held, you are also invited
to attend and testify as to the appropriateness of this document.
If you have any questions or would like further information, please contact the undersigned.
/y
John q. D uglas, AI P
Envirawm¢ntal Cooidmator
Date B i+
Revised 11/91
1
A OF NEWPORT BEACH
NOTICE OF COMPLETION
and Environmental Document Form
To: State Clearinghouse
From. City of Newport Beach
1400 Tenth St., Rm. 121
3300 Newport Blvd. - P.O. Box 1768
Sacramento, CA 95814
Newport Beach, CA 92659-1768 (Orange County)
(Tel. No.: 9161445-0613)
Contact Person:
John H. Dough -is, AICP, Principal Planner
:SCH.#:., ........
Tel. No.: 71416443225
Cross Streets A\je—
Total Acres
A_P,No. Section: _
Twp. _ Range: _ Base:
Within 2 Miles: State Hwy Waterways:
JJ
Airports., Railways:
Scholst
Present Land UserLoning/General Plan Use L)jt(ttte_5
`{a1-d — Go\)9_('v\wewjV( ��c_ct[tAke5
Put-P 44k(ov, icee�m-e„� � t,�ewejl 4e4c�
Protect Description P,-a(
G co L) KdLw6c Qejeloemej
Pcoje_j
Docarnent Type
CEQk
NEPA OTHER
❑ NOP ❑ Suppkinent/Subsequent
❑ NOI ❑ Joint Document
❑ Early cons ❑ EIR (Prior SCH No.)
❑ PA ❑ fr" Doement
Neg Dec
❑ Draft Els ❑ Other
Draft tEIR ❑ Other
❑ PONST
Local Action Type
❑ General Plan Update ❑ specific Plan
❑ Rezone ❑ Annexation
❑ General Plan Amendment ❑ Master Plan
❑ Preitanc ❑ Radevelopmat
❑ General Plan Element ❑ Planned Unit D".
❑ use Permit Coastal P
Pc
11 Community Plan ❑ site Plan
❑ Laird Division (Subdivision Other Work"
Parcel Map, Tract Map, etc.) rcij ec
Develapm zit Type
Pac't"�
13 Residential: Units Acres
Water Facilities: eJ
Type MGD_..,.
❑ Office: SqA_ Acres;_ Employees
Type
❑ CornmercialSq.ft._ Ac=_ Employees_
❑ Mininr. Mineral
❑ Industrial: Sq.Ft._ Acres— Employees_
1:1 Power. Type— Watts_
❑ Educational
❑ Waste Treatment: Type
❑ Recreational
❑ Hazardous Waste: Type
❑ Other.
Project Issues, Discussed in Document
❑ A.Sth.lic/Visual ❑ Flood Plain/Flooding
❑ SchoolsfUnivcnitics ❑ Water Quality
❑ Agricultural Land ❑ Forest Lariffirc Hazard
❑ Septic Systems ❑ Waiter Supply /Groundwater
Air Quality Geologic /Seismic
❑
Sewer Capacity ❑ Weiland/Riparian
❑ Archeological/llisioricaj mimcmis
❑ 107
❑ Soil Erosion /Compaction /Grading ❑ Wildlife
❑
Coastal Zone Noise
Solid Waste ❑ Growth Inducing
❑ Drainage /Absorption ❑ PopulationAlousingWiancc
� Toxic[[ lazzrdous Nand Use
❑ Economic/Jobs ❑ Public Sericcs/racilitics
❑ Traffic/Circulation ❑ Cumulative Effects
❑ Fiscal ❑ Rccmaiion/Parks
❑ Vegetation ❑ Other
Revised 11/91
Resources Agency
❑ Boating & Waterways
5 ❑ Coastal Commission
❑ Coastal Conservancy
❑ Colorado River Board
❑ Conservation
❑ Fish & Game
❑ Forestry
❑ Office of Historic Preservation
❑ Parks & Recreation
❑ Reclamation
❑ S.F. Bay Conservation & Development Commission
❑ Water Resources (DWR)
Business, Transportation & Housing
❑ Aeronautics
❑ California Highway Patrol
❑ CALTRANS District #
❑ Department of Transportation Planning (Hdgtrs.)
❑ Housing & Community Development
❑ Food & Agriculture
Health & Welfare
5 ❑. Health Services
State & Consumer Services
❑ General Services
❑ OLA (Schools)
9-= Document sent by lead agency
X = Document sent by SCH
= Suggested distribution
Environmental Affairs
❑
Air Resources Board
S ❑
APCDIAOMD
❑
California Waste Management Board
❑
SWRCB: Clean Water Grants
❑
SWRCB: Delta Unit
❑
SWRCB: Water Quality
❑
SWRCB: Water Rights
❑
Regional WQCB# ( )
Youth & Adult Corrections
❑
Corrections
Independent Commissions & Offices
❑ Energy Commission
❑ Native American Heritage Commission
❑ Public Utilities Commission
❑ Santa Monica Mountains Conservancy
❑ State Lands Commission
❑ Tahoe Regional Planning Agency
❑ Other
Public Review Period (to be filled in by lead agency)
Starting Date IV O v , 10 ("(94 Ending Date P eC e.- b of l } t 9 g4
Signature Date 0..0/54
Lead Agency (Complete if applicable):
Consulting Farr: DA v e, (+/ t� I e-tk { ASSoc .
For SCH Use Only:
Address: y.'Qg,7- fac=tG Ctf_C t 6
Date Received at SCH
Date Review Starts
II (( ��77''
City/SUte/Zip: ri l/wy lr< D.. UrGt'-�. L� j�L'�'%
^V� ,e f
Contact: �llu 1 (t
Date to Agencies
Date to SCH
Cksrrance Dale
Nolen:
Phone: 1( `�) Q Q , G� O.J
U (l
I
Applicant: CAT Di Qet')e6r'� Qeac6
Address: 00 &X (7
City/Stale/Zip: NeWVLr
Phone: l/ 6244- 3x30
30L' (A' Dev qGs
L'
ENVIRONMENTAL CHECKLIST FORM
1. Project Title:
"Drinking Water Disinfection Facilities"
City of Newport Beach Groundwater Development Project
2. Lead Agency Name and Address
City of Newport Beach
3300 Newport Boulevard • Post Office Box 1768
Newport Beach, California 92658 -8915
3. Contact Person and Phone Number
John Douglas, Principal Planner
(714) 644 -3230
4. Project Location
City of Newport Beach Utilities Yard
949 West 16th Street • Newport Beach, California 92663
5. Project Sponsor
City of Newport Beach Utilities Department
949 West 16th Street • Newport Beach, California 92663
6. General Plan Designation
Governmental, Educational and Industrial Facilities (GEIF)
7. Zoning
M -1 -A
8. Description of Project (Describe the whole action involved, including but not
limited to later phases of the project, and any secondary, support or off -site features
necessary for its implementation).
The proposed project consists of a drinking water disinfection facility at the proposed pump
station. The facility will be constructed as part of the City's groundwater development
project, which will convey water from wells located in Fountain Valley to a reservoir and
pump station located at the City's Utilities Yard. The purpose of the pump station is to
convey water collected in the 16th Street Reservoir from the Utilities Yard to the Big Canyon
Reservoir on the easterly side of the City.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
• •
The facilities included in the pump station:
• Five (5) pumping units with a capacity of 14,000 GPM
• Chlorine and Ammonia Injection Equipment
• An Emergency Generator
• Safety Equipment
• Seismicaly Reinforced Masonry Building to house the facilities and equipment
The purpose of the chlorine and ammonia injection equipment is to add a disinfectant to the
drinking water to insure it complies with the federal and state mandates for bacteriological
safety. New federal regulations for disinfection by- products necessitate use of a disinfectant
that will not create a high level of these by- products. The combination of chlorine and
ammonia to form chloramine as a disinfectant will meet these new requirements.
The proposed facilities will be housed in a 10,000 square foot seismically reinforced masonry
building. The building will provide a secure controlled environment for pumps, electrical
power supply, an emergency generator, a chlorination system, an ammoniation system, and a
gas scrubbing system.
Chlorine and ammonia are considered acutely hazardous materials. State law and a variety
of codes and regulations require the facilities to have safety equipment and features for
storage and handling of these materials. The safety features included in the proposed project
include a chlorine scrubbing system, an alarm and leak detection system, and an emergency
standby power source to insure safety features perform during power outages.
A site plan showing the relative location of the proposed pump station building to the
reservoir and other existing site improvements is attached.
9. Surrounding Land Uses and Setting
The project is surrounded by a variety of land uses consistent with the general plan
and zoning designation for the project.
North: 16th Street and light industrial uses
South: Private elementary school (Carden Hall)
East: Light industrial uses
West: Vacant land (proposed mixed commercial /residential use)
10. Other public agencies whose approval is required (e.g., permits, financing
approval, or participation agreement.)
South Coast Air Quality Management District (SCAQMD)
California Department of Health Services
Newport Beach Fire Department
California Coastal Commission
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
� u
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DRINKING WATER
DISINFECTION FACILITY
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•
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
•
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a 'Potentially Significant Impact" as indicated by the checklist on the following pages:
❑ Land Use and Planning
❑ Population and Housing
❑ Geological Problems
❑ Water
❑ Air Quality
DETERMINATION
❑ Transportation /Circulation
❑ Biological Resources
❑ Energy & Mineral Resources
❑ Hazards
❑ Noise
❑ Mandatory Findings of Significance
(to be completed by the Lead Agency)
On the basis of this initial evaluation:
❑
Public Services
❑
Utilities & Service Systems
❑
Aesthetics
❑
Cultural Resources
❑
Recreation
I find that the proposed project COULD NOT have a significant effect on the environment,
and a NEGATIVE DECLARATION will be prepared. ❑
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because of the mitigation measures described
on an attached sheet have been added to the project. A NEGATIVE
DECLARATION WILL BE PREPARED. El
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required. ❑
I find that the proposed project MAY have a significant effect(s) on the environment, but at
least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on the attached sheets, if the effect is a "potentially significant impact" or
"potentially significant impact unless mitigated." An ENVIRONMENTAL IMPACT REPORT
is required, but it must analyze only the effects that remain to be addressed. ❑
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects (a)
have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b)
have been avoided or mitigated pursuant to that earlier EIR, including revisions of mitigation
measures that are imposed upon the proposed project.
Signature: Date: 11/9/94
Printed Name: DAVE BARTLETT For: DAVE BARTLETT ASSOCIATES
Land Use & Planning Consultants
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
•
Issues (and Supporting Information Sources):
�
otenllally
ennt
potentially Unless
signiltant M ligation
Impact Incorporated
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation ❑
or zoning? (source M(s): ►, L )
b) Conflict with applicable environmental plans ❑
or policies adopted by agencies with jurisdiction
over the project? ( 1, Z )
C) Be incompatible with existing land use in the ❑
vicinity? ( 1, z )
d) Affect agricultural resources or operations ❑
(e.g. impacts to soils or farmlands, or impacts
from incompatible land uses)? (1 )
e) Disrupt or divide the physical arrangement ❑
of an established community (including a low -
income or minority community)? ( I )
11. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local ❑
population projections? ( I )
b) Induce substantial growth in an area either ❑
directly or indirectly (e.g. through projects
in an undeveloped area or extension of major
infrastructure)? ( 3 )
C) Displace existing housing, especially affordable ❑
housing? ( I )
I -5
Ws MMQ
sienna=
Impact
❑
❑
❑
❑
❑
❑
❑
❑
❑ ❑
❑
❑
❑
❑
❑ D
No
Impact
■
■
■
■
■
■
■
C
i
Issues (and Supporting Information Sources):
III. GEOLOGIC PROBLEMS. Would the
proposal result in or expose people to potential
impacts involving:
a) Fault rupture? ( )
b) Seismic ground shaking ( )
C) Seismic ground failure, including
liquefaction? ( )
d) Seiche, tsunami, or volcanic hazard? (, )
�o,.le,'n�llally
i.... at
Polentially unless Loss Than
significant Mitigation Significant No
Impact Incorporated Impact Impact
❑
i
❑
❑
❑
i
❑
❑
❑
®
❑
❑
L
e)
Landslides or mudflows? (r)
❑
f)
Erosion, changes in topography or
❑
❑
unstable soil conditions from excavation,
❑
❑
grading, or fill? ( )
g)
Subsidence of the land? (5)
❑
h)
Expansive soils? (s)
❑
i)
Unique geologic or physical features? (s)
❑
IV. WATER.
Would the proposal result in:
a)
Changes in absorption rates, drainage patterns,
❑
or the rate and amount of surface runoff? ( 3
)
b)
Exposure of people or property to water related
❑
hazards such as flooding? ( 3 )
I -6
❑.
❑
❑
❑
i
❑
■
❑
❑
❑
❑
❑
❑
❑
■
❑
❑
❑
❑
■
•
Issues (and Supporting Information Sources):
C)
d)
e)
f)
g)
h)
i)
Discharge into surface waters or other
alteration of surface water quality (e.g.
temperature, dissolved oxygen or
turbidity)? ( 3 )
Changes in the amount of surface water
in any water body? ( 3 )
gniflc nt
goilicaot
Potentially Unless Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
❑
❑
❑
■
❑
❑
❑
0
Changes in currents, or the course or direction ❑
of water movements? ( 3 )
Change in the quantity of ground waters, either ❑
through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? (3 )
Altered direction or rate of flow of ❑
groundwater? (3 )
Impacts to groundwater quality? (3 ) ❑
Substantial reduction in the amount of ❑
groundwater otherwise available for
public water supplies? (3)
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to ❑
an existing or projected air quality violation? ( )
b) Expose sensitive receptors to pollutants? ( 3 ) ❑
C) Alter air movement, moisture, or temperature, ❑
or cause any change in climate? ( 3 )
d) Create objectionable odors? ( 3 ) ❑
I -7
❑
❑
■
❑
❑
i
❑
❑
i•
❑
®
❑
❑
❑
i
❑
❑
i•
❑
❑
'
•Potentially
Significant
Potentially unless
Less Thin
Significant Mitigaliou
significant
No
Issues (and Supporting Information Sources):
Impact
Incorporated
Impact
Impact
VI. TRANSPORTATION
/CIRCULATION. ❑
Would the proposal result in:
a)
Increased vehicle trips or traffic congestion? (3) ❑
❑
❑
b)
Hazards to safety from design features
❑
❑
❑
■
(e.g. sharp curves or dangerous intersections)
or incompatible uses (e.g. farm equipment)?
(
)
C)
Inadequate emergency access or access to
❑
❑
❑
■
nearby uses? (3 )
d)
Insufficient parking capacity on -site or
❑
❑
❑
off -site? ( 3 )
e)
Hazards or barriers for pedestrians or
❑
❑
❑
■
bicyclists? ( 3 )
f)
Conflicts with adopted policies supporting
❑
❑
❑
alternative transportation (e.g. bus turnouts,
bicycle racks)?( 3 )
g)
Rail, waterborne or air traffic
❑
❑
❑
impacts? ( 3 )
VII. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare species or their ❑ ❑ ❑
habitats (including but not limited to plants, fish,
insects, animals, and birds)? ( g )
b) Locally designated species (e.g. heritage ❑ ❑ ❑
trees)? (3 )
M
Issues (and Supporting Information Sources):
entially
'(kart(
potentially Unless Less nun
Significant Ktigation Significant No
Impact Incorporated Impact Impact
C) Locally designated natural communities ❑
(e.g. oak forest, coastal habitat, etc.)?
d) Wetland habitat (e.g. marsh, riparian and ❑
vernal pool)? ( 3 )
e) Wildlife dispersal or migration ❑
corridors? ( ; )
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation ❑
plans? ( 3 )
b) Use non - renewable resources in a wasteful and ❑
inefficient manner? ( 3 )
C) Result in the loss of availability of a known ❑
mineral resource that would be of future value
to the region and the residents of the State? (3 )
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of ❑
hazardous substances (including, but not limited to:
oil, pesticides, chemicals or radiation)? ( )
b) Possible interference with an emergency ❑
response plan or emergency evacuation plan? ( y )
C) The creation of any health hazard or ❑
potential health hazard? ( )
d) Exposure of people to existing sources ❑
of potential health hazards? ( 3 )
I -9
❑ ■
J
❑ ❑
❑ ❑
■ ❑
®
❑
❑
❑
Ll
El
El
0
•
Issues (and Supporting Information Sources):
e) Increased fire hazard in areas with flammable
brush, grass, or trees? ( 3 )
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? ( )
b) Exposure of people to severe noise
levels? ( )
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? ( )
b) Police protection? ( 3 )
C) Schools? ( 3 )
d) Maintenance of public facilities, including
roads? ( 3 )
e) Other governmental services? ( 3 )
XIL UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or
supplies, or substantial alterations to the following
utilities:
a) Power or natural gas? ( 3 )
b) Communications systems? ( 3 )
I -10
❑
❑
.9canl
&.9
❑
®
cant
Potentially
Unless
Less 71an
Significant
Mitigation
Signifcaot No
Impact
Incorporated
Impact Impact
❑
❑
❑ 5
XIL UTILITIES AND SERVICE SYSTEMS. Would the
proposal result in a need for new systems or
supplies, or substantial alterations to the following
utilities:
a) Power or natural gas? ( 3 )
b) Communications systems? ( 3 )
I -10
❑
❑
❑
❑
❑
®
❑
❑
❑
❑
❑
❑
❑
a
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
a
_
•
a uy
gnifi incaol
*Unless
Unless
Less Than
Significant
Mitigation
Significant
No
Issues (and Supporting Information Sources):
impact
Incorporated
Impact
Impact
C)
Local or regional water treatment or
❑
❑
❑
distribution facilities? (3 )
d)
Sewer or septic tanks? ( 3 )
❑
❑
❑
■
e)
Storm water drainage? ( 3 )
❑
❑
❑
■
f)
Solid waste disposal? ( 3 )
❑
❑
❑
■
g)
Local or regional water supplies? (3)
❑
❑
❑
■
XM. AESTHETICS. Would the proposal:
a)
Affect a scenic vista or scenic
❑
❑
❑
■
highway? ( s )
b)
Have a demonstrable negative aesthetic
❑
❑
❑
■
effect? ( 3 )
C)
Create light or glare? (3 )
D
❑
D
■
XIV. CULTURAL RESOURCES. Would the proposal:
a)
Disturb paleontological resources? ( 3
) ❑
❑
D
■
b)
Disturb archaeological resources? ( 3
) ❑
D
❑
■
C)
Affect historical resources? ( 3 )
❑
❑
❑
IN
d)
Have the potential to cause a physical change
❑
❑
❑
i
which would affect unique ethnic cultural
values? ( 3 )
e)
Restrict existing religious or sacred uses
❑
❑
❑
■
within the potential impact area? ( 3
)
'
I -11
•
Issues (and Supporting Information Sources):
tentlalty
¢nificant
Potentially Untess
sieuiricant 114itieatiom
Impact Incorporated
XV. RECREATION. Would the pioposal:
a) Increase the demand for neighborhood or ❑
regional parks or other recreational facilities? (3 )
b) Affect existing recreational opportunities? ( 3 ) ❑
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade ❑
the quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self - sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
b) Does the project have the potential to ❑
achieve short -term, to the disadvantage of
long -term, environmental goals?
I -12
Less 7ban
Slgmiricant
Impact
❑ ❑
❑ ❑
C
L
❑
No
Impact
■
Issues (and Supporting Information Sources):
nbally
' cant
polenliaar bless
Significant Mitigation
Impact Incorporated
C) Does the project have impacts that are O
individually limited, but cumulatively considerable?
( "Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects,
and the effects of probable future projects)
d) Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
XVII. EARLIER ANALYSES.
Lew 71an
significant No
Impact Impact
El a
■ 11 G
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for
review.
b) Impacts adequately addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to applicable
legal standards, and state whether such effects were addressed by mitigation measures based
on the earlier analysis.
C) Mitigation measures. For effects that are "Less than Significant with Mitigation
Incorporated," describe the mitigation measures which were incorporated or refined from
the earlier document and the extent to which they address site- specific conditions for the
project.
Autbority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.3, 21093, 21094,
21151; Sundstrom v. County of Mendocino, 202 Cal. App. 3d 296 (1988); Leonoff Y. Monterey Board of
Supervisors, 222 Cal. App. 3d 1337 (1990).
I -13
•
LIST OF SOURCES
1. NEWPORT BEACH GENERAL PLAN
2. NEWPORT BEACH ZONING CODE AND MAP
•
3. CERTIFIED FINAL EIR 151 FOR THE NEWPORT BEACH GROUNDWATER
DEVELOPMENT PROJECT
4. NEWPORT BEACH DISASTER RESPONSE PLAN, MARCH 23,1992
5. CONVERSE CONSULTANTS GEOTECHNICAL REPORT, NOVEMBER 3, 1993
ALL DOCUMENTS ARE AVAILABLE FOR REVIEW AT THE CITY OF NEWPORT
BEACH PLANNING DEPARTMENT:
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658 -8915
(714) 644 -3230
CONTACT: JOHN DOUGLAS, PRINCIPAL PLANNER
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
. I. LAND USE & PLAO •
a) The project is consistent with the general plan and zoning designation
for the property.
b) The project does not conflict with the City of Newport Beach adopted
environmental plans or policies.
C) According to the City's General Plan and Zoning, the project is not
incompatible with the existing land use in the vicinity. However, schools are
a sensitive use that require special consideration when planning a project
which includes acutely hazardous materials. The California Public Resources
Code requires that the City consult with the school prior to approval of the
project.
d) The project does not effect agricultural resources or operations.
e) The project does not disrupt or divide the physical arrangement of the
established community.
II. POPULATION AND HOUSING
a) The project does not impact regional or local population projections.
b) The growth inducing impacts of the groundwater project are discussed in
Final EIR No. 151. Since the project would provide an alternative source of
water, no significant growth inducing impacts are anticipated.
C) The project does not displace affordable or any other type of housing.
III. GEOLOGIC PROBLEMS
a) The project is located near the Newport - Inglewood fault and is near an un-
named, less significant fault across the proposed project site. Mitigation has
been incorporated into the design of the project features to account for
seismic activity and the proposed facilities have been located to avoid areas of
potential fault rupture.
b) The project may potentially involve exposure of people to impacts related to
ground shaking. Mitigation is incorporated into the project design to
accommodate ground shaking from the maximum credible earthquake from
the largest potential source of seismic activity, the Newport - Inglewood Fault.
The facilities are designed to meet all of the credible seismic ground shaking.
c) The project will not expose people to impacts relating to seismic ground
failure, or liquefaction.
d) The project will not expose people to impacts relating to seiche, tsunami or
volcanic hazard.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
e) The projece not expose people to impacts relai29 to landslides or
mudflows.
f) The project may potentially expose people to impacts relating to erosion,
changes in topography or unstable soil conditions from excavation, grading
or fill during the construction of the project. The project will be built in
accord with grading and geotechnical reports. These impacts are considered
less than significant.
g) The project will not expose people to impacts relating to subsidence of land.
h) The project will not expose people to impacts relating to expansive soils.
i) The project does not result in exposure of people to impacts related to unique
geologic or physical features.
IV. WATER
a) The project will not change absorption rates, drainage patterns, or the rate
and amount of surface runoff.
b) The project will not expose people or property to water related hazards such
as flooding.
c) The project will not impact or alter the surface water quality.
d) The project will not change the amount of surface water in any water body.
e) The project will not impact the course or direction of any water movements.
f) The project will not change the quantity of ground waters, either through
direct additions or withdrawals, or through interception of an aquifer by cuts
or excavations or through substantial loss of groundwater recharge capability.
g) The project will not alter direction or rate of flow of groundwater.
h) The project will not impact groundwater quality.
i) The project will not reduce the amount of groundwater otherwise available
for public water supply.
V. AIR QUALITY
a) The project will produce emissions related to natural gas use as a fuel source
for a stand -by generator on an emergency basis only A permit is required
from the South Coast Air Quality Management District. This impact is
considered less than significant.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
•
•
b) The project will not expose sensitive receptors to pollutants.
c) The project will not alter air movement, moisture or temperature, or cause
any change in climate.
d) The project will not create objectionable odors.
VI. TRANSPORTATION/CIRCULATION
a) The project will not increase vehicle trips or traffic congestion.
b) The project will not create hazards to safety from design features
(e.g. sharp curves or dangerous intersections) or incompatible uses
(e.g. farm equipment).
C) The project will not result in impacts to emergency access or access to
nearby uses.
d) The project will not create insufficient parking capacity on -site or off -site.
e) The project will not result in the creation of hazards or barriers for
pedestrians or bicyclists.
f) The project does not conflict with adopted policies supporting alternative
transportation (e.g. bus turnouts, bicycle racks).
g) The project does not impact rail, waterborne or air traffic.
VII. BIOLOGICAL IMPACTS
a) The project will not result in impacts to endangered, threatened or rare
species or their habitats (including but not limited to plants, fish, insects,
animals and birds).
b) The project does not impact locally designated species (e.g. heritage trees).
C) The project does not impact locally designated natural communities
(e.g. oak forest, coastal habitat, etc).
d) The project does not impact wetland habitat (e.g. marsh, riparian and
vernal pool).
e) The project will not result in impacts to wildlife dispersal or migration
corridors.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILrrY
• •
VIII. ENERGY AND MINERAL REsouRcEs
a) The project will not conflict with adopted energy conservation plans.
b) The project will not use non - renewable resources in a wasteful or inefficient
manner.
c) The project will not result in the loss of availability of a known mineral
resource that would be of future value to the region and residents of the State.
IX. HAZARDS
a) To disinfect the drinking water, the pumping station and treatment facility
utilizes, and has the potential to release, acutely hazardous substances,
specifically ammonia and chlorine. However, State law requires that a Risk
Management and Prevention Program (RMPP) be prepared for such facilities
to minimize risks to public health and safety. The RMPP combined with
mitigation that has been incorporated into the design of the project, such as
numerous safety, handling and containment features, the risk of these hazards
has been reduced to a level of insignificance.
b) Pursuant to the City's Disaster Response Plan, approved March 23,1992, the
project will not interfere with any emergency response plan or any
emergency evacuation plan.
C) The project has the potential to create a health hazard to people at the
Utilities Yard, at businesses and the elementary school adjacent to the site.
However, with the mitigation measures incorporated into the design of the
project facilities and the adoption of a Risk Management & Prevention Plan
(RMPP), the risk of any project related health hazard has been reduced to a
level of insignificance.
d) The project does not involve exposure of people to existing sources of
potential health hazards.
e) The project does not involve the potential for increased fire hazard in areas
with flammable brush, grass or trees.
X. NOISE
a) The project would increase existing noise levels on a temporary basis related
to construction activities and noise levels related to the operating equipment
inside the proposed masonry building only. This impact is considered less
than significant.
b) The project will not result in exposure of people to severe noise levels.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
M. PUBLIC SERVICES
a) The project may require emergency fire protection services from the City's
Fire Department. This impact is considered less than significant because of
mitigation incorporated into the design of the facility, such as additional fire
protection provided by the project, a building sprinkler system and the
existence of the City's hazardous materials team to respond to any emergency
situations.
b) The project will not have an impact on the provision of police services.
C) The project will not result in an impact to school services.
d) The project will not impact the maintenance of public facilities, including
roads.
e) The project will not result in an impact to other government services.
XII. UTILITIES AND SERVICES SYSTEMS
a) The project will utilize natural gas for a stand -by power generator on an
emergency basis only. This impact is considered less than significant.
b) The project will not result in impacts relating to communications systems.
c) The project will not impact local or regional water treatment or distribution
facilities, except that the project will improve them.
d) The project will not result in impacts to sewer or septic tanks.
e) The project will not result in impacts to stormwater drainage.
f) The project will not result in impacts to solid waste disposal.
g) The project will result in impacts to local and regional water supplies in
that the project indirectly makes the water supply more reliable and or
higher quality.
)III. AESTHETICS
a) The project will not impact a scenic vista or scenic highway.
b) The project will not have a demonstrable negative aesthetic effect.
C) The project will not create light or glare.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
XIV. CULTURAL RESOURCES
a) The project will not result in impacts to or disturb paleontological resources.
b) The project will not result in impacts to or disturb archaeological resources.
C) The project will not affect historical resources.
d) The project does not have the potential to cause a physical change which
would affect unique ethnic cultural values.
e) The project will not restrict existing religious or sacred uses within the
potential impact area.
XV RECREATION
a) The project will not increase the demand for neighborhood or regional
parks or other recreational facilities.
b) The project will not affect existing recreational opportunities.
XVI. MANDATORY FINDINGS OF SIGNIFICANCE
a) The project does not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self - sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or prehistory.
b) The project does not have the potential to achieve short -term, to the
disadvantage of long -term, environmental goals.
c) The project does not have impacts that would be individually limited, but
cumulatively considerable ( "Cumulatively considerable" means that the
incremental effects of a project are considerable when viewed in connection
with the effects of past project, the effects of other current projects, and the
effects of probable future projects.)
d) Due to the mitigation incorporated into the proposed project, the potential
for chlorine or ammonia to cause environmental effects which will cause
substantial adverse effects on human beings, either directly or indirectly will
be less than significant.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
}
r'
MITIGATION MEASURES
1. Pursuant to the State of California Health and Safety Code, a Risk Management &
Prevention Plan (RMPP) will be prepared to address the presence of chlorine and
ammonia, which are considered hazardous materials. The RMPP will include the
following components:
A. Seismic Analysis
B. Hazard and Operability Studies
C. Consequence Analysis and Atmospheric Dispersion Modeling
D. RMPP Preparation and Certification, including:
• Facility Description
• Accident History
• Description of Design, Operation & Maintenance Programs
• Equipment Description
• Control, Detection & Monitoring Systems
• Safety and Emergency Response Procedures
• Training Programs
This plan will require approval and certification by the Newport Beach Fire
Department and the California Department of Health Services prior to the
issuance of operation or occupancy permits for the facility.
2. The structural design of the pumping and disinfection facility shall be in accord with
the recommendations outlined in the geotechnical report by Converse Consultants,
dated November 3,1993. The facility has been designed to withstand the maximum
credible earthquake ground motion and shaking from a Richter Magnitude 7.2
earthquake on the Newport - Inglewood Fault at its closest distance to the project site.
3. Risks related to the potential release of the chlorine and ammonia have been reduced
to a level of insignificance by incorporating a number of redundant design, safety,
handling and containment mitigation measures:
A. Chlorine will be stored and used from impact and pressure rated containment
cylinders. The chlorine containment cylinders will be housed indoor in a
heavily reinforced and seismicly designed masonry building. Chlorine will
be stored in a fire rated and isolated room inside the pump station building.
Release prevention of the chlorine has been incorporated into the design of
the chlorine feed equipment. Vacuum regulated, automatic snap -shut, safety
valves will be mounted on the chlorine tank outlets. Chlorine feed lines are
pressure rated and have been located close to the chlorinator eductors where
the chlorine is combined with water to form a non - hazardous water chlorine
solution.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
B. The chlorine room has been designed with detection monitors to measure chlorine
concentrations above 1 part per million. Detection of any chlorine will sound alarms
to initiate a safety response in accord with the approved RNWR The escape of any
leaked chlorine will be contained and neutralized by a chlorine scrubbing system
designed to draw chlorine into a chlorine gas scrubbing unit. The gas scrubbing unit
will use a caustic system of sodium hydroxide as the neutralizing agent.
C.. Ammonia will be stored and used from impact and pressure rated containment
cylinders that are stationary mounted in a separate, isolated room in the pump station
building. The ammonia containment tanks will be housed indoor in a heavily
reinforced and seise -ddy designed masonry building. Ammonia will be stored in a
fire rated and isolated room inside the pump station building. Release prevention of
the ammonia has been incorporated into the design of the ammonia feed equipment.
Vacuum regulated, automatic snap -shut, safety valves will be mounted on the
ammonia tank outlets. Ammonia feed lines are pressure rated and have been located
close to the ammoniator eductors where the ammonia is combined with water to form
a non - hazardous water ammonia solution.
D. The ammonia room has been designed with detection monitors to measure ammonia
concentrations above 1 part per million. Detection of any ammonia will sound alarms
to initiate a safety response in accord with the approved RWR The escape of any
leaked ammonia will be contained in the isolated ammonia room. Any ammonia
liquid which might leak from the tank will be collected in a floor -sump in the
ammonia room. The floor sump is designed to collect any leaked ammonia and to
minimize the evaporative surface area to facilitate cleanup and neutralization. Water
is the neutralizing agent for ammonia and can be disposed of via the local sewer main
in 16th Street.
E. The alarming and detection system controls will activate alarms which notify on -site
workers, the Utilities Department and the Fire Department for appropriate levels of
response.
F. The project includes a backup power source to operate the alarm and telemetry
system during power outages. Back -up power supply will be provided by an on -site
gas engine - driven generator with an automatic start feature in the event a loss of
electric power occurs.
CITY OF NEWPORT BEACH INITIAL STUDY
DRINKING WATER DISINFECTION FACILITY
.r
NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN that a public meeting by the Newport Beach
City Council to consider approval of the NNport Beach Groundwater
Development Project Drinking Water Disinfection Facilities project will be
held on Monday. December 12. 1994. The public meeting will be held at 2:00
p.m., or as soon thereafter as possible, in the Council Chambers of the
Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach,
California, at which time and place any and all persons interested may appear
and be heard thereon. If you challenge this project in court, you may be
limited to raising only those issues you or someone else raised at the public
meeting described in this notice or in written correspondence delivered to the
City at, or prior to, the public meeting.
NOTICE IS HEREBY FURTHER GIVEN that a Negative Declaration has
been prepared by the City of Newport Beach in connection with the project
noted above. The Negative Declaration states that the subject development
would not result in a significant effect on the environment. It is the present
intention of the City to accept the Negative Declaration and supporting
documents. This is not to be construed as either approval or denial by the
City of the subject application. The City encourages members of the general
public to review and comment on this documentation. Copies of the Negative
Declaration and supporting documents are available for public review at the
Planning Department, City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92659 -1768 (714) 644 -3225.
For further information call John Douglas, Environmental Coordinator at
(714) 644 -3225.
F: \... \CNB \LFnL \F V -W ELLS \PUMP -ND.PN