HomeMy WebLinkAboutC-3004(F) - Design of Reach No. 2, 36-Inch Water Transmission Main - Groundwater Projecti
HGiZEEMENT
PROFESSIONAL SERVICES
FOR DESIGN OF REACH NO. 2
36 -INCH WATER TRANSMISSION MAIN
AS A PART OF
THE GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this V,! `- day of April,
1994, by and between the City of Newport Beach, a municipal Corporation, hereinafter
referred to as "CITY ", and ASL Consulting Engineers, a California Corporation,
hereinafter referred to as "CONSULTANT ".
WITHESSETIi:
WHEREAS, "CITY ", desires to secure an alternate source of reliable water for its
municipal water system by implementing a Groundwater Development Project which
requires the City to construct water wells and facilities for the delivery of potable water to
its customers, and;
WHEREAS, "CITY" as part of this project seeks to collect well water for pumping,
and must construct a series of transmission mains to bring water to a storage reservoir at
it's 16th Street facility, and;
WHEREAS, "CITY" desires to prepare the design for installation of a portion of the
new water transmission main system, known as "Reach No. 2" within the City of
Huntington Beach; the Talbert Flood Control Channel; the County Sanitation Districts of
Orange County Treatment Plant No. 2; and is hereinafter referred to as "PROJECT ", and;
WHEREAS, implementation of the design of said "PROJECT" requires the
services of a qualified engineering design consultant, and;
WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT"
for preparation of the "PROJECT" design and to provide certain other essential
professional services, as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and has 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
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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 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 ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed professional services to "CITY ".
A. "CONSULTANT" shall provide the necessary services to complete the defined
tasks associated with the design phase of the "PROJECT ". Those tasks include
the following:
1. Coordination and Meetings with City staff.
a. "CONSULTANT" shall keep City Project Manager apprised of the
progress being made on the "CONSULTANT's" design activities. Such
appraisal shall be made via telephone, in writing as appropriate and via
the meetings mentioned herein below.
b. "CONSULTANT" shall meet with the City staff for an orientation meeting,
a 50% design review, a 90% design review, a 100% design review, and a
final design meeting for the "PROJECT ". Other meetings may be held on
an as- needed basis.
c. "CONSULTANT" shall meet with the City of Huntington Beach, County
of Orange and the County Sanitation Districts of Orange County staff for
coordination and approval of plans and specifications.
2. Review Background Data
a. "CONSULTANT" shall, in an effort to relay relevant information to
their staff, review the pertinent background data obtained at the
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"
c. "CONSULTANT" shall perform a utility research of the proposed
alignment including contacting Underground Service Alert, the City of
Huntington Beach, the County of Orange, the County Sanitation
Districts of Orange County and other utility agencies.
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3. Survey and Mapping
a. "CONSULTANT" shall perform a field survey and aerial topography of
the proposed alignment in a digital format.
b. "CONSULTANT" shall provide survey control using the latest County
of Orange GPS coordinate system.
4. Plans Preparation
a. "CONSULTANT" shall complete the required drawings and plans for
"PROJECT ". A listing of those drawings included in this phase shall
include at least the following:
(1.) Preparation of a "Title Sheet" with the " CITY's" Groundwater
Development Project Title Sheet. In addition, prepare a "Second Sheet"
with the legend, notes, benchmark, basis of bearings and vicinity map
associated with the "PROJECT ".
(2.) Preparation of "Plan and Profile Sheets" as required to detail the 36 -inch
water transmission main alignment in an existing easement within the
County Sanitation Districts of Orange County, Treatment Plant No. 2,
Banning Avenue, Bushard Street, Hamilton Avenue and the Talbert
Channel in accord with City Standards associated with the "PROJECT ".
(3.) Preparation of "Detail Sheets" as required to fully illustrate and show
all fittings, tie -ins, water valve vaults and appurtenances associated
with the "PROJECT ".
5. Specifications Preparation
a. "CONSULTANT" shall complete preparation of detailed written
specifications, bid proposal, standard special provisions, special
provisions, compile City standard contract forms, and coordinate
binding them with the "CITY'S" reprographic company for "PROJECT ".
b. "CONSULTANT" shall include within the special provisions; the
method of providing for protection of existing facilities such as houses,
retaining walls and access gates during construction and the method of
pressure testing the water transmission main.
c. "CONSULTANT" shall utilize City Standard Specifications and shall
prepare them in the standard format.
(1.) Construction documents are intended to be publicly bid as a
complete package which shall meet the requirements of "CITY" and
all applicable State and Local laws.
6. Cost Estimate & Schedule
a. "CONSULTANT" shall prepare a detailed written cost estimate and
construction schedule for "PROJECT ". Estimate shall be transmitted to
"CITY" with a written memorandum of transmittal and explanation.
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(1.) Any opinion of construction cost prepared by "CONSULTANT"
represents his judgment as a design professional and is supplied for the
general guidance of the "CITY ". Since "CONSULTANT" has no control
over the cost of the labor and material, or over competitive bidding or
market conditions, "CONSULTANT" need not guarantee the accuracy of
such opinion as compared to Contractor bids or actual cost to the "CITY"
7. Construction Phase Services
a. "CONSULTANT" shall perform the following during the construction phase:
(1.) Visit the site at scheduled intervals or as otherwise agreed by the
"CITY" and "CONSULTANT ", to become generally familiar with the
progress and quality of the work and to provide assistance to the
"CITY" to verify the work is being performed substantially in accord
with the contract documents.
(2.) "CONSULTANT" shall not be required to make exhaustive or
continuous on -site inspections to assess the quality or quantity of
work and shall not be responsible for the contractor's failure to carry
out the work in accord with contract documents.
(3.) Prepare change order work and review shop drawings as requested by
"CITY ", including all drawings or specifications necessary to describe
and detail the work to be added, deleted or modified. Should said
work require a substantial addition to the plan set, then additional
compensation to "CONSULTANT" would be authorized.
(4.) Prepare "record" drawings based upon change orders and addenda to
the extent approved by "CITY" and incorporated into the construction
of the Project. "CITY" shall require the contractor to submit "as- built"
drawings of actual construction installations to "CONSULTANT" for
use in preparing "record" drawings.
(5.) "CONSULTANT" shall provide one set of construction stakes for the
water transmission main alignment in an existing easement within the
County Sanitation Districts of Orange County, Treatment Plant No. 2,
Banning Avenue, Bushard Street, Hamilton Avenue and the Talbert
Channel and the water valve vault in 16th Street for the "CITY'S"
Contractor. Any additional staking or any restaking or costs thereof
will be the responsibility of the Contractor.
8. Supplemental Services
a. "CONSULTANT" shall provide a geotechnical report with
recommendations as a supplemental to this project. This report shall
include, but limited to:
(1.) Evaluate on -site geotechnical conditions and their effect on the
proposed pipeline alignment.
(2.) Subsurface investigation including drilling eight to ten borings,
laboratory testing and analysis of collected data.
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(3.) Provide a conclusion and develop recommendations for the
proposed pipeline including geotechnical parameters for
temporary stability of excavation and shoring design, adequacy
of excavated on -site material for use as backfill, bearing capacity
and lateral earth pressure, criteria for temporary excavation,
bedding and backfill recommendations and Groundwater
control, corrosive and protection recommendations.
b. "CONSULTANT" shall provide a corrosivity evaluation with
recommendations as a supplemental to this project. This report shall
include, but limited to:
(1.) Review preliminary estimate of corrosive potential from geotechnical
investigation.
(2.) Conduct a Wenner 4 -pin soil resistivity survey.
(3.) Review records for locations of potential stray current interference
sources.
(4.) Prepare a soil corrosivity report addressing the usage of Ductile Iron
Pipe with polyethylene encasement.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his responsibilities
under this Agreement, "CITY" agrees to provide the following:
A. Provide 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.
B. Provide survey records and easement information, as are available which are
appurtenant to the project.
C. Provide design criteria, hydraulic data and other technical information, as are
available and appurtenant to the project.
D. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or
direction on matters pertaining to completion of specifications and final
construction plans.
E. Act as the Project Manager and provide construction administration and field
inspection on the proposed project, once designed and awarded for
construction.
F. The City shall be responsible for completing applications to obtain any
required permits from the City or other governing agencies, except the City of
Huntington Beach, the County of Orange and the County Sanitation Districts
of Orange County.
G. Provide blueprinting, CADD plotting, Xeroxing and other services through
the City's reproduction company for each of the required submittals and for
bidding purposes. The consultant will be required to coordinate the required
submittals and bid plans with the City's reproduction company. All other
reproduction will be the responsibility of the consultant.
H. City staff will be available to meet with "CONSULTANT" on or before the
following dates. These meetings will include reviewing plans, specifications
and other documentation provided by "CONSULTANT" relative to
"PROJECT ". In addition, "CITY" will return all comments within seven (7)
calendar days.
1. May 27, 1994 - 50 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit preliminary title sheet,
second sheet (including vicinity map, location map, general notes,
construction notes,... etc.), completed base sheet information on plan and
profile sheets with a proposed pipeline profile, working sketches of details
and sections, and a cost estimate for review and comments from the
Utilities Department.
2. June 29, 1994 - 90 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit complete plans, a refined
cost estimate and preliminary special provisions for review and comments
from the Utilities Department. The Consultant shall address the 50%
design review comments. The Consultant shall submit plans and special
provisions to the City of Huntington Beach, County Sanitation Districts of
Orange County and the County of Orange, for their review and approval.
3. July 27, 1994 - 100 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit the final plans reflecting
90% design review corrections; a complete and detailed cost estimate on
the contractor's bid proposal form (with cost estimate back -up detail);
complete (and bound) special provisions, contract documents and any
appendices, for final approval from the Utilities Department.
4. August 10, 1994 - Final Design Review Submittal
"CONSULTANT" shall submit final plans reflecting 100% design review
corrections; complete (and bound) special provisions, contract documents
and any appendices, for final approval and plan signature by the Utilities
Department.
5. August 12, 1994 - Deliver 50 sets of Plans and Specifications to the "CITY"
through "CITY'S" reprographic company.
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IV. TIME OF COMPLETION AND LIQUIDATED DAMAGES
"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. All work, with the exception of the
construction phase services required to advertise for construction shall be completed
no later than August 12,1994. It is mutually agreed by "CONSULTANT" and "CITY"
that liquidated damages of three hundred dollars ($300.00) per calendar day shall be
assessed "CONSULTANT" for delays beyond the above specified completion date.
Said damages shall be deducted from the 'CONSULTANT's" fee. Provided,
however, that "CONSULTANT" shall not be responsible for damage or delay in
performance caused by events beyond the control of "CONSULTANT ".
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 ", including "as -built drawing" preparation.
V. OWNERSHIP OF DOCUMENTS
Original drawings 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 "CITY'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.
"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.
"CONSULTANT" is granted permission to show to 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 the "CONSULTANT's"
business office at One Jenner Street, Suite 200, Irvine, California 92718.
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.
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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.
VII. SUBCONTRACTORS 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 "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 ".
C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the
services of a private geotechnical firm, a private corrosion consultant and
an aerial topography service to complete those tasks which require related
professional services. Said geotechnical firm, Converse Consultants of
Orange County, Inc., Said corrosion firm, DeC Consultants, Inc. and said
aerial topography firm, Arrowhead Mapping Co., hereinafter refer to as
"SUBCONSULTANT ", shall be directed and compensated by
"CONSULTANT" as if said firm were a direct employee of
"CONSULTANT ".
1. Compensation for "SUBCONSULTANT's" services shall not be more than
nineteen thousand three hundred dollars ($19,300.00) and shall be paid to
in accord with the limits of the "not -to- exceed" fee listed herein below.
No additional compensation shall be made therefor.
VIII. PAYMENT AND 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 the amount of ninety seven thousand dollars ($97,000), inclusive of
the subcontract services defined herein, except as otherwise provided for
herein below.
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B. PAYMENT AND FEE SCHEDULE
personnel
Principal........................................ ...............................
Sr. Managing Engineer /Sr. Project Manager.........
Managing Engineer/ Project Manager ....................
Project Engineer/ Project Coordinator ....................
SeniorEngineer ............................ ...............................
EngineerIII ................................... ...............................
EngineerII .................................... ...............................
EngineerI .................................... ...............................
SeniorDesigner ........................... ...............................
Designer....................................... ...............................
Designer/ Draftsperson ............. ...............................
Draftsperson................................ ...............................
Junior Engineer /Junior Draftsperson ....................
CADOperator ............................. ...............................
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hourly rates
............... $130.00
Semor Construction Inspector ......................... ...............................
Construction Inspector ..................................... ...............................
Wordprocessor ................................................. ...............................
Technician.......................................................... ...............................
Three -Man Survey Party .................................. ...............................
Two-Man Survey Party .................................... ...............................
120.00
110.00
98.00
88.00
80.00
74.00
67.00
77.00
67.00
62.00
58.00
48.00
70.00
60.00
56.00
42.00
34.00
192.00
147.00
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 ".
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 Engineer
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 his
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 or reproduction. 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.
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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 the total compensation exceeding ten thousand dollars ($10,000.00) shall
require that an amended Agreement for such additional services be executed by 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, 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, policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating of "B" (or higher) and Financial Size Category
"XV" (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 the "CONSULTANT'S" Errors & Omissions carrier shall be "B + ",
"VIII" or better.
1. An appropriate industry -wide insurance rating standard shall be
deemed "Best's Key Rating Guide ", latest edition.
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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
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 ($1,000,000.00).
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.
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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 cost
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'.
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 hereunder.
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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 Flory
Assistant City Attorney
ATTEST:
Wanda Raggio /
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
(714) 644 -3011 (714) 646 -5204 fax
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City of Newport Beach,
a municipal corporation
Clarence Tur Mayor
"CITY"
ASL Consulting Engineers
a California Corporation
Steve Tedesco, Principal
,CONSULTANT"
ASL Consulting Engineers
One Jenner Street
Suite 200
Irvine, California 92718
(714) 727 -7099 (714) 727 -7097
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
T0: FINANCE DIRECTOR
(714) 644 -3005
FROM: CITY CLERK
DATE: June 1, 1994
SUBJECT: -Contract No. C- 3004(F)
Description of Contract Design of Reach No. 2, 36 -Inch Water
Transmission Main as a part of Groundwater Development Project
Effective date of Contract April 26, 1994
Authorized by Minute Action, approved on April 25, 1994
Contract with ASL Consulting Engineers
Address One Jenner Street, Suite 200
CA
Amount of Contract (See Agreement)
"94e2�1' 4:��
Wanda E. Raggio l/
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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APPROVED
TO: Mayor & Members of the City Council
FROM: Utilities Department
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April 25th, 1994
CITY COUNCIL AGENDA
ITEM NO. /
C - 30 ,* 44 (F)
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF
DETAILED PLANS & SPECIFICATIONS BY ASL CONSULTING ENGINEERS
REACH NO. 2: 36 -INCH WATER TRANSMISSION PIPELINE
AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
If desired, authorize the Mayor and the City Clerk to execute a
Professional Services Agreement on behalf of the City, with ASL
Consulting Engineers to prepare detailed Plans and Specifications
for construction of a 6,700 foot long reach of 36 -inch diameter
water pipeline for a fee not to exceed $97,000.
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.
The overall project plan calls for the transmission pipeline to be
designed and constructed in segments. This portion of the overall project will
provide the design with detailed plans and specifications for approximately
6,700 linear feet of 36 -inch diameter pipeline. This project segment is
referred to as Reach No. 2. The Reach No. 2 pipeline route lies primarily in
public streets in the City of Huntington Beach, but runs partially in an
easement through the County Sanitation Districts of Orange County ( CSDOC)
treatment plant adjacent to the Santa Ana River. The easement runs across
the CSDOC treatment plant property along the 19th Street - Banning Avenue
roadway alignment from the Santa Ana River to Brookhurst Street. Reach No.
2 is approximately 6,700 feet long. Refer to vicinity map, Exhibit "E ".
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.
Page 2
Groundwater Development Project
Reach No. 2 Pipeline Design Contract
April 25th, 1994
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 six 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 "B ".
The six firms that were invited to propose were selected based on
their previously submitted statements of qualifications and experience. All six
firms submitted responses to the request for proposals. The firms were: Robert
Bein, William Frost & Associates, Daniel Boyle Engineering Inc., NBS -Lowry
Consulting Engineers, AKM Consulting Engineers, Civiltec Engineers, Inc., 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 ASL Consulting Engineers as the most
qualified firm to perform the required professional services to complete the
pipeline design. The numerical ranking of the selection committee and criteria
is attached as Exhibit "C ".
A summary discussion of the detailed criteria used to evaluate the
qualifications of the six engineering firms is also provided as an attachment to
this report. Refer to Exhibit "D ". 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
0 9
Page 3
Groundwater Development Project
Reach No. 2 Pipeline Design Contract
April 25th, 1994
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. The firm of ASL Consulting Engineers has a team of exceptionally
qualified, technical professionals and designers who have extensive experience
with similar water pipeline and utility construction 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 design product
and coordinate efficiently with the City and other consultants working on the
interrelated phases of the Groundwater Development Project.
The proposed Professional Services Agreement with the
successful proposing consultant, ASL Consulting Engineers provides for:
preparation of a preliminary design report; preparation of detailed
specifications; preparation of detailed construction plans; written special
provisions for project construction; and compilation of documents suitable for
bidding and awarding a contract for construction. A copy of the professional
services agreement is attached as Exhibit "A ".
If approved, the final design effort can commence almost
immediately. The critical -path schedule for timely completion of the overall
project requires that the consultant's plans for this phase of the project be
completed by mid - August 1994. This phase of the Groundwater Development
Project must be carefully coordinated with the other pipeline design
components. Construction of the Reach No. 2 Pipeline is proposed to begin
early this fall, to integrate properly with the construction of the other pipeline
construction segments. The Professional Services Agreement requires
completion of the design plans and specifications by August 12th, 1994.
Funds are available for this design contract in the Water Fund
under Capital Projects Account No. 7503 - 98500016. Staff recommends
approval.
Respectfully submitted,
—JCR- ST'NEQRT
Jeff Staneart, P.E.
Utilities Director
JS:sdi
Attachments: "A ": Professional Services Agreement
"B ": Request for Proposals
"C ": Proposal Evaluation Matrix
"D ": Proposal Matrix Criteria
"E ": Project Vicinity Map
0 0
(22(A Itv Mn pQOpOtAL
PROFESSIONAL ENGINEERING
FOR
(REACH NO. 2) 36 -INCH WATER TRANSMISSION MAIN
AS A PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
Description and Location of Project
The project to be proposed on, is part of the City's Groundwater Development
Project. The project involves water wells, 6 -miles of transmission pipelines, a
3.0 million gallon reservoir and a 14,000 gallon per minute pump station.
The portion of the groundwater project your firm is being asked to propose on,
requires design services for installation of a new 36 -inch water transmission main
and appurtenances. The Reach No. 2 pipeline runs westerly and then northerly
from the terminus of an existing 30 -inch water main on the west side of the Santa
Ana River, within the County Sanitation Districts of Orange County, CSDOC Plant
No. 2, near the prolongation of Banning Avenue. The Reach No. 2 pipeline connects
to another existing water main at the intersection of Hamilton Avenue and the
Talbert Flood Control Channel. The existing pipeline at the northerly end of the
project is referred to as the "Seawater Line ". See Exhibit "A ".
This work will involve design of some important water tie -ins and installation of a
water valve vault.
The proposed project is located within the jurisdictional boundaries of the City of
Huntington Beach, County Sanitation Districts of Orange County and the County of
Orange.
This project is a major portion of the City's Groundwater Development Project and
timing of this phase of the project is crucial to the overall completion schedule.
Scope of Services
The consultant shall be responsible for complete design services relative to the
construction of the previously described project.
Design services shall include preparation of construction drawings showing plan
and profile views of the pipeline, all connection details, water valve vault details,
all pipeline appurtenances, preparation of detailed special provisions, bid
documents, quantity estimates and an overall cost estimate.
RFP -1
)3 I
0
Scope of Services (Cont.)
0
Reach No. 2
Water Transmission Pipeline
Request for Proposals
The consultant will be required to process the plans through the City of
Huntington Beach, County Sanitation Districts of Orange County and the County
of Orange, for permit approval.
All drawings and design specifications shall be prepared in accord with requirements
of the City of Newport Beach Design Criteria, Special Provisions and Standard Drawings
for Public Works Construction" latest edition, which incorporates the "green book"
specifications titled, "Standard Specifications for Public Works Construction ", latest
revision. All specifications and drawings shall be subject to final review and
acceptance by the City of Newport Beach, Utilities Department, Project Manager.
The consultant's proposal shall include a detailed list itemizing the tasks required
to complete the scope of work outlined herein. Each task shall include a detailed
estimate of person -hours required to complete it.
The consultant shall also provide a proposed project schedule depicting the time of
completion for the project design. The schedule shall include the number of
calendar days required to perform each task and the total number of calendar days
required to complete the entire project. The schedule should be coordinated with
the following design review dates.
The City will require a number of submittals prior to approval and signature of the
plans and specifications. The following list identifies key submittals and required
design information for each.
1. 50% Design Review - Consultant shall, as a minimum, submit preliminary title
sheet, second sheet (including vicinity map, location map, general notes,
construction notes,... etc.), completed base sheet information on plan and profile
sheets with a proposed pipeline profile, working sketches of details and sections,
and a cost estimate for review and comments from the Utilities Department.
2. 90% Design Review - Consultant shall, as a minimum, submit complete plans, a
refined cost estimate and preliminary special provisions for review and
comments from the Utilities Department. The Consultant shall address the 50%
design review comments. The Consultant shall submit plans and special
provisions to the City of Huntington Beach, County Sanitation Districts of
Orange County and the County of Orange, for their review and approval.
3. 100% Design Review - Consultant shall, as a minimum, submit the final plans
reflecting 90% design review corrections; a complete and detailed cost estimate on
the contractor's bid proposal form (with cost estimate back -up detail); complete
(and bound) special provisions, contract documents and any appendices, for final
approval from the Utilities Department.
4. Final Approval Review -Consultant shall submit final plans reflecting 100%
design review corrections; complete (and bound) special provisions, contract
documents and any appendices, for final approval and plan signature by the
Utilities Department.
RFP -2
0
Scope of Services (Cont.)
0
Reach No. 2
Water Transmission Pipeline
Request for Proposak
The City is anticipating to advertise for construction bids by August 22, 1994 and to begin
construction of the water transmission line by September 26, 1994. To meet this
construction schedule, the following is a list of critical dates for the above design review
submittals.
April 25, 1994 ...
May 27,1994.....
June 29,1994.....
July 27, 1994......
August 10, 1994
notice to proceed
50% design review
90% design review
100% design review
final design review
The consultant will be responsible to address plan review comments at each of
the formal submittals and throughout the plan preparation process.
The consultant shall assign a responsible project representative and an alternate, 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 representative 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.
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 design.
The consultant shall be responsible for all field surveying required to properly design
the project. The survey control shall be established using the County's GPS coordinate
system. The consultant shall also provide construction staking for the City's contractor.
The timing and schedule of this project is critical to the overall completion of the City's
Groundwater Development Project. All work must be completed in less than 19 weeks.
The deadline for final approval of the consultant's plans and specifications is August 12,
1994. Liquidated damages for delays beyond this date will be deducted from the
consultant's design fee. Liquidated damages shall be $300.00 per calendar day.
Additional Responsibilities
The consultant shall be responsible for completing the specified services in accord with
the standard form, "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.
RFP -3
0 0
Reach No. 2
Water Transmission Pipeline
Additional Responsibilities (Cont.) Request for Proposals
The consultant shall prepare the necessary plans in AUTOCad, Release 11, and shall plot
them on City standard mylar sheets. Project special provisions and contract bid documents
shall be prepared in accord with the requirements of the City's design criteria.
The consultant shall be required to propose a fee based on time and materials to review
shop drawings, submittals related to the design of this project and monitor construction
progress once it is underway. The consultant shall provide guidance and direction to
the City with respect to the installing contractor's general conformance to plans and
specifications. This does not mean the consultant will be responsible for the project
construction inspection, but will instead be expected to provide some monitoring and,
where appropriate, make field recommendations. During the course of construction, if
changes occur which require revision to the plans and /or special provisions, the
consultant is expected to modify the project plans and /or prepare addenda to the
specifications if such changes are deemed necessary by the City.
The consultant shall include in his proposal a fee to prepare "as- built" drawings once
the project construction has been completed.
The project schedule and the liquidated damages will not apply to the construction
monitoring, field change drafting or preparation of "as- built" drawings after
construction has been completed. Language covering this matter will be made part of
the professional services agreement between the City and the consultant.
The consultant shall include in his proposal a budget cost total for reproduction. This
budget amount should not include the costs of reproduction of plans and special
provisions as described below.
City's Responsibilities
The City will provide the following to assist the consultant with the project and its
completion:
1. Plans and drawings, as are available and appurtenant to the proposed project.
2. Survey records and easement information, as are available and appurtenant
to the project.
3. Design criteria, hydraulic data and other technical information, as are
available and appurtenant to the project.
4. The City shall be responsible for completing applications to obtain any required
permits from the City or other governing agencies, except the City of Huntington
Beach, County Sanitation Districts of Orange County and the County of Orange.
5. The City will provide blueprinting, CADD plotting, Xeroxing and other services
through the City's reproduction company for each of the required submittals and for
bidding purposes. The consultant will be required to coordinate the required
submittals and bid plans with the City's reproduction company. All other
reproduction will be the responsibility of the consultant.
� M D
RFP - 4
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
Extl 18 1r „ G,
Groundwater
Development Project
Professional Engineering Design Services
Reach #2
- 36" Water Transmission Main Design
Selection Matrix
ASL
RBF AKM DBE ClVlltee
NBSL
Weigh Ls
Related Project
Experience
4
4 4 4 4
3
25.00%
Project Staff
Assigned
4
4 3 4 2
2
25.00%
Grasp of the
Project
Requirements
4
4 4 4 3
3
10.00%
Approach to
Project Management
4
4 4 3 3
2
20.00%
Proposed Project
Schedule
3
3 3 3 3
3
10.00%
Proposed labor
Breakdown
4
3 4 3 3
3
10.00%
Total Fee ($)
97,000
91,890 93,506 116,300 71,820
76,710
Average labor
Cost ($ /Hr.)
75
88 70 67 58
62
Total Weighted
3.90
3.80 3.65 3.60 3.00
2.80
Score
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
Extl 18 1r „ G,
0
Groundwater Development Project
Professional Engineering Design Services
Reach #2 - 36" Water Transmission Main Design
Evaluation Criteria
Selection Matrix Discussion
Summary:
Proposals were received from six (6) firms that were requested to submit
proposals for the subject project. These firms were selected based on previously
submitted "Statements of Qualifications ". The six (6) firms that submitted
proposals are listed below:
1. AKM Consulting Engineers (AKM)
2. ASL Consulting Engineers (ASL)
3. Civiltec Engineers, Inc. ( Civiltec)
4. Daniel Boyle Engineering, Inc. (DBE)
5. NBS Lowry (NBSL)
6. Robert Bein, William Frost & Associates (RBF)
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; the 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, three (3) proposing
firms were deemed most capable to perform work required by this project.
After careful review by the selection committee and additional information that
was requested from the top three (3) firms, the selection committee
recommended that ASL be awarded the proposal. This recommendation is
based on the quality of ASL's proposal with respect to the proposed scope of
work for preliminary and final design and most importantly the qualifications
of the firm's proposed project team.
A ranking matrix is attached. The following paragraphs describe the rationale
behind each ranking, by category.
F—X1d 161r %,-P,
Project Understanding
0
Page 2
Groundwater Development Project
Reach #2 Design
Consultant Matrix Criteria
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, all six firms sought additional information from
the City. Each firm brought members of their proposed project teams 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: ASL, DBE, and RBF.
These three (3) consulting firms had a good understanding of the necessary
scope of work required for the project. The consultant's thorough
understanding of the scope of work will be a major part of this project. This
factor is important to the consultant's ability to effectively complete the design
tasks within the parameters of the schedule and project construction costs.
Project Experience
The proposing firms were ranked on recent project experience relative to water
transmission pipeline design. 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 local water supply conditions,
site constraints and general pipeline design was highly important.
Of the six proposing firms, ASL and RBF appeared to have the most
experience in overall design of pipelines. AKM and DBE, also had significant
experience with numerous pipeline projects.
Project Team
The project staff and their respective qualifications are a key qualification
requisite in this project. The work experience of the individual professional
staff members is vital to the success and efficiency of the effort to provide a
finished design product. 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 schedule and to provide
efficient project coordination with the City.
AKM, RBF and ASL had key team members assigned to the project. RBF and
AKM provided an above average team. However, ASL Consulting Engineers had
the strongest project team proposed.
Page 3
Groundwater Development Project
Reach #2 Design
Consultant Matrix Criteria
Project Management
The magnitude of the coordination and management that is required for the
various aspects of this project is deemed to be an important element for a
successful project. It is mandatory that the successful firm provide a
knowledgeable project manager or a principal of the firm with considerable
experience.
DBE, RBF, and AKM provided proven project managers for water resources
design services. ASL proposed the strongest project manager with direct
applicable and successful project management experience related to pipeline
design projects.
Project Schedule
The project schedule is crucial to insure that the overall Groundwater
Development Project schedule is not adversely 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 the level of effort each
consultant proposed to place on the various project task components. The
review looked at the number of hours, the assigned personnel and the hourly
rates for various team members. The indicator in the evaluation matrix looked
at the average weighted hourly labor cost.
In this analysis the two firms who provided the most thorough engineering
services value were AKM and ASL.
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