HomeMy WebLinkAboutC-3004(G) - Reach No. 3, 36-Inch Water Transmission Main, Groundwateri Isk
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK
DATE: August 28, 1995
SUBJECT: Contract No
C- 3004(G)
Description of Contract Groundwater Development Project-
Reach No. 3 - 36 -Inch Water Transmission Main
Effective date of Contract January 12, 1995
Authorized by Minute.Action, approved on January 9 1995
Contract with ASL Consulting Engineers
Address One Jenner Street, Suite 200
Irvine, CA 92718
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
I January 9th, 1995
I,AN
CITY COUNCIL AGENDA
ITEM NO. _7
_ROVED .... ....
.
TO: Mayor & Members of the City Council
FROM: Utilities Department
SUBJECT: PROFESSIONAL SERVICES AGREEMENT
DETAILED PLANS & SPECIFICATIONS BY ASL CONSULTING ENGINEERS
REACH NO. 3: 36 -INCH WATER TRANSMISSION PIPELINE (C- 3004 -G)
GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
Authorize the Mayor and 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 9,400 foot long reach of 36 -inch diameter water
pipeline for a fee not to exceed $87,900.
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
9,400 linear feet of 36 -inch diameter pipeline. This project segment is
referred to as Reach No. 3. The Reach No. 3 pipeline route lies primarily in
the right -of -way of the Orange County Flood Control District's Talbert
Channel. Reach No. 3 extends from Slater Avenue on the north end, to the
Southern California Edison right -of -way just south of Garfield Avenue at the
south end of the reach. Refer to vicinity map, Exhibit "E ".
The critical -path schedule for timely completion of the overall project
requires that the consultant's plans for this phase of the project design be
completed by late -April 1995. This pipeline design must be completed as soon
as possible, to allow adequate time for solicitation of bids, and ordering and
fabrication of the pipe. It is important for construction to begin late this
spring, to allow its completion during the drier summer months and before
October 15"'. The City's easement agreement and permit with the Orange
County Flood Control District requires that construction only be done between
April 15' and October 15'. To delay this segment of the project would push
construction into the summer of 1996 and would cause the overall project to
be delayed until late 1996.
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Page 2
Groundwater Development Project
Reach No. 3 Pipeline Design Contract
January 9", 1995
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 shah 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: Robert Bein, William Frost & Associates, Daniel Boyle Engineering Inc.,
AKM Consulting Engineers, 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 "B ".
•
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Page 3
Groundwater Development Project
Reach No. 3 Pipeline Design Contract
January 9', 1995
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. A key factor was their very satisfactory performance on
the design of the Reach No. 2 pipeline project segment. 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. 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 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 'D ".
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 late -April 1995. This phase of the Groundwater Development
Project must be carefully coordinated with the other pipeline design
components. Construction of the Reach No. 3 Pipeline is proposed to begin late
this spring, to integrate properly with the construction of the other pipeline
construction segments and to allow construction to be completed during the
drier summer months. The Professional Services Agreement requires
completion of the design plans and specifications by April 28Lh, 1995.
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Page 4
Groundwater Development Project
Reach No.3 Pipeline Design Contract
January 9', 1995
Funds are available for this design contract in the Water Fund
under Capital Projects Account No. 7504 P 500 094 A. Staff recommends
approval.
Respectfully submitted,
.JEFF �ANFART
Jeff Staneart, P.E.
Utilities Director
IS:sdi
Exhibits: "A ": Request for Proposals
"B ": Proposal Evaluation Matrix
"C ": Proposal Matrix Criteria
"D ": Professional Services Agreement
"E ": Project Vicinity Map
0 0
COQ pG°QOpO1SdQd
PROFESSIONAL ENGINEERING SERVICES
FOR
(REACH NO. 3) 36 -INCH WATER TRANSMISSION MAIN
AS 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 Groundwater Development 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. 3 pipeline begins with a connection to an existing
pipeline (known as the "Seawater Line ") with a water valve vault on the easterly side of
the Talbert Channel at the Southern California Edison Easement between Yorktown
Avenue and Garfield Avenue, cross the Talbert Channel westerly and then continue
northerly within the Talbert Channel on the access road to the intersection of Slater
Avenue and the Talbert Channel. See Exhibit "A ".
The Reach No. 3 pipeline will ultimately be connected to two (2) proposed 24 -inch
water transmission mains that will transport groundwater from two (2) proposed
well sites also shown on Exhibit "A ".
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 bridge crossing details, jacking and boring details, all pipeline appurtenances,
preparation of detailed written special provisions, bid documents, quantity
estimates and an overall cost estimate.
The consultant shall include as part of the proposal; a soils investigation, preparation
of traffic control plans, and corrosion analysis. Traffic control plans shall meet the
requirements of the Cities of Huntington Beach and Fountain Valley.
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 CPS coordinate
system. The consultant shall also provide construction staking for the City's contractor.
• • Reach No. 3
Water Transmission Pipeline
Request for Proposals
Scope of Services (Cont.)
The proposed project is located within the jurisdictional boundaries of the Cities of
Huntington Beach and Fountain Valley and the County of Orange. The consultant
shall be responsible for processing plans for permit approval from the agencies
described above.
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" 1994 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 design review dates shown below.
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.
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 Cities of Huntington Beach and Fountain Valley 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.
• • Reach No 3
Water Transmission Pipeline
Request for Proposals
Scope of Services (Cont.)
The City is anticipating to advertise for construction bids by May 8, 1995 and to
begin construction of the water transmission line by June 12, 1995. To meet this
construction schedule, the following is a list of critical dates for the above design
review submittals.
December 13,1994........
January 23,199
March 13,1995
April 10, 1995..
April 28,1995
.........Notice To Proceed
........................50OZo 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.
If subconsultants are utilized, they shall be identified in the scope of work together
with the services performed and identified in the fee schedule together with their
billing rate. Subconsultants shall be directed and compensated by consultant as if
said firm were a direct employee of consultant.
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 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
20 weeks. The deadline for final approval of the consultant's plans and
specifications is April 28, 1995. 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.
• • Reach No. 3
Water Transmission Pipeline
Request for Proposals
Additional Responsibilities
The consultant shall be responsible for completing the specified services in accord
with the City's standard "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). The City must be a "named ensured" on all required policies.
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.
City will reimburse consultant for the actual cost (plus 10 %) for all outside
expenses, including those for material costs authorized in advance by the City and
other reasonable expenses, where such costs have been advanced by consultant and
approved in advance by City.
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.
The 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 ".
• • Reach No. 3
Water Transmission Pipeline
Request for Proposals
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 Cities of Huntington
Beach and Fountain Valley and the County of Orange.
5, The City will provide blueprinting, CADD plotting, photocopying 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.
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Approx-vno[e
Scde: P = 2500'
Newport Beach
Groundwater Development Project
LEGEND
36 -INCH WATER TRANSMISSION MAIN - REACH NO. 3
- - - - -- EXISTING "SEAWATER" LINE
---------- - - - - -- FUTURE 24-INCH WATER TRANSMISSION MAIN
0 FUTURE WELL SITES
EXHIBIT "A"
• i
Groundwater Development Project
Professional Engineering Services
36 -inch Water Transmission Main (Reach No. 3)
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
AKM Consulting
ASL Consulting
Daniel Boyle
Robert Bein, William
Weights
Engineers
Fitgineers
Fngineering
Frost & Associates
PROPOSAL CONTENT
Related Project Experience
4.0
4.0
4.0
4.0
25.00%
Project Staff Assigned
4.0
4.0
4.0
4.0
25.00%
Grasp of the Project Requirements
4.0
4.5
4.0
3.5
10.00%
Approach to Project Management
4.5
4.5
4.0
4.0
20.00%
Proposed Project Schedule
4.0
4.0
4.0
4.0
10.00%
Proposed Labor Breakdown
4.0
4.0
4.0
4.0
10.00%
Fee
$113.042
$87,900
$141.100
$125,100
Average Labor Cost
$77.14/HR
$79.84/HR
$73.42/HR
$98.37/HR
Total Weighted Score
4.10
4.15
4.00
3.95
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
L]
0
Groundwater Development Project
Professional Engineering Services
36 -inch Water Transmission Main - Reach #3
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 "Statement of Qualifications. The four (4) firms which
submitted proposals are listed below:
1. AKM Consulting Engineers (AKM)
2. ASL Consulting Engineers, Inc. (ASL)
3. Daniel Boyle Engineering, Inc. (DBE)
4. Robert Bein, William Frost & Associates (RBF)
The proposals were reviewed by the selection committee and 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 project approach.
Based on a complete analysis of the written proposals, all four (4)
proposing firms, AKM, ASL, DBE and RBF, were all deemed capable to
perform the work required by this project.
After careful review, the selection committee recommends ASL be awarded
the design contract. This recommendation is based on the quality of ASL's
proposal with respect to their project approach, ASL's familiarity with the
local conditions, coordination with local agencies, previous experience with
similar projects and proposed design fee. In addition, ASL was the design
consultant for the Reach No. 2 project and is familiar with City staff and the
City's requirement for design details.
A ranking matrix is attached. The following paragraphs describe the
rationale behind the ranking in each category.
0
Project Understanding
r- -1
LJ
Page 2
- Groundwater Development Project
36 -.inch Water Transmission Main (Reach No. 3)
Consultant Matrix Criteria
It is imperative that the full scope and extent of the project is clearly
identified and understood by the consultant in their written proposal.
During the proposal process, a City representative met with all four (4) firms
to provide additional information regarding the project.
Each firm demonstrated a reasonable understanding of the project scope.
However, each of the firms emphasized different aspects of the project. AKM
and DBE discussed the design of the pipeline, RBF discussed the permitting
process, and ASL discussed the constructability of the project. The
selection committee suggested that ASL's discussion of the constructability
of the project was significant, due to the location of the project.
All four (4) consultants had a good understanding of the necessary scope of
work required for the project. The scope of work will be a major factor in
consultant's ability to effectively manage and organize the required
preliminary and final design tasks and the required construction services.
Project Experience
The proposing firms were ranked on recent project experience relative to
installation of a large diameter water transmission main. 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, with a greater emphasis on Newport Beach, Huntington Beach
and Fountain Valley. Familiarity with standard construction procedures,
local conditions and permit processing was highly desirable.
All four (4) of the proposing firms have had significant previous experience
with similar projects within proximity of the proposed project.
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
project. Given the complex nature of this project, the experience and
capability of the project team affects other key areas of the project, such as
the ability of the consultant to meet and complete the required tasks and
provide efficient project coordination with the City.
Three (3) firms had key team members that have had previous design
experience with the City. ASL has recently completed the design of Reach
No. 2 and the same design team will be assigned to this project.
0
Project Management
n
u
Page 3
Groundwater Development Project
36 -inch Water Transmission Main (Reach No. 3)
Consultant Matrix Criteria
The importance associated with the coordination and management that is
required for the various aspects of this project are vital for the project
success. It is mandatory that the successful firm provide a knowledgeable
and competent project manager.
All four (4) firms indicated in their proposal a proven project managers with
direct applicable and successful project management experience for the
design of similar projects.
Project Schedule
The project schedule is crucial to insure the 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.
In this analysis, it appears two (2) firms, AKM and ASL, will provide the
most thorough pipeline design value.
PUBLIC PROP&RTY ENCROACI-&4ENT PERMIT
INSPECTION PHONE:
567 -7800
Inspection office shall be notified
at least TWO (2) "WORK DAYS
PRIOR TO commencing permitted
use. FAILURE TO OBTAIN INSPEC-
TION SHALL VOID THIS PERMIT.
PERMITTEE
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92659 -1768
Jeff Staneart
Contact person
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
$10778.75
PERMIT
REGULATION /PUBLIC PROPERTY PERMITS
NO,
Main Office -300 North Flower Street, Room 122
EFFECTIVE
SANTA ANA, CA LI FO RN I A 92703
DATE_
OR —P.O. BOX 4048, SANTA ANA, CA 92702-4048
PHONE: 8343432 or 834 -5238
$10,778.7
FAX: (714) 8357425
EXPIRATION
Date Trust Fur
DATE
Telephone No.
C/R 93- 00625 -FE
94 -00649 FU
I TYPE I FACILITY NAME I NUMBER I
Talbert Channel
PERMITTED USE: Use of County property is hereby authorized as follows, subject to Provisions on reverse hereof and attached hereto.
.,,
To install, operate and maintain 30 -inch water line and connect to existing OCWD 30 -inch
seawater line, within Orange County Flood Control District's Talbert Channel right -of-
way, per plans and provisions attached, and to the satisfaction of EMA inspection
personnel.
PERMIT NOT VALID UNTIL PERMITTED USE IS APPROVED BY ASSIGNED INSPECTOR
PM, ERU2782
CEOA: CLASS 1 CAT.EXEMPT CornputerGoding 8000/63, 11
LOCATION OF WORK:
Talbert Channel, Upstream of Hamilton Avenue to OCFCD Station 91 +99,38
Dimension /Type: Thos. Bros, Huntington Beach AREA
CONSIDERATION:
$10778.75
(2087)
CITY
$10778.75
Pene't Fees
surety
TOTAL
$10,778.7
Check ND
Casio Receipt
Date Trust Fur
levotee
Check ND,
Perm ttee,
Cash Rece,p!
Fees to Se invoices
Data Trust Fur
oe
Invic
Fees Dad by
Tom Epperson
CnnVactor
ASL Consulting
Engineers, One Jenner
Street, Suite 200, Irvine,
CA 92718, 727-709
Erne"
PW /Construction
PERMITTEE'S ACCEPTANCE:
PW /Operations
COUNTY APPROVAL
/DM
Permitlee
PERMIT AND APPROVED PLANS SHALL BE MAINTAINED ON JOB SITE
Data
PERMITTEE SHALL COMPLY WITH REGULATIONS PRINTED ON REVERSE SIDE OF PERMIT AND ATTACHMENTS.
ALL UNDERGROUND WORK REQUIRES PRIOR 'UNDERGROUND SERVICE ALERT COMPLIANCE
THIS PERMIT SHALL BE NON- TRANSFERABLE
I
CASHIER DATE REGISTER NO.
F0250 -616.4 (R2/93)
FEE + CODE
TOTAL
m
3
J
.n
m
m
IF
COUNTY OF ORANGE 94- 00649 -FU
WIRONMENTAL MANAGEMENT AGENCY
REGULATION I PUBLIC PROPERTY PERMITS DIVISION
P 9rm it No.
SPECIAL PROVISIONS
A. No work shall be performed within OCFCD's right -of -way without the full
knowledge of OCFCD's inspector, who shall be given not less than 48 hours
advance notice of the initiation of the work by calling 567 -7800.
B. No open cutting or removal of the Flood Control Channel Section shall be
permitted between October 15 and April 15 except under conditions and a
timing schedule meeting approval of County's assigned inspector.
C. Permittee's contractor shall provide for the free flow of storm runoff in
the flood control channel at all times and permittee agrees to assume full
liability for any damage that may be caused by contractor's failure to do
SO.
D. Permittee shall construct the permitted works in accordance with approved
plans subject to inspection and approval by Orange County Flood Control
Districts (OCFCD)'s assigned inspector. Certification for all materials and
work, including compaction tests, shall be furnished by permittee upon
request. Certification shall be made by a certified testing agency or firm
acceptable to the OCFCD.
E. By acceptance of this permit, permittee agrees that the permitted
installations to be made within OCFCD's right -of -way shall be the property
of permittee and permittee shall be responsible for maintenance thereof.
F. All existing OCFCD improvements disturbed or damaged during permitted use
shall be restored at permittee's expense in compliance with EMA Standard
Plans and to the satisfaction of EMA inspection personnel.
G. Permittee understands that any permitted encroachments that are disturbed or
damaged by Orange County Flood Control District during normal maintenance
operations or channel reconstruction, are to be restored by permittee or any
future assigns, or successors solely at their expense.
H2. Fencing damaged or removed during construction shall be repaired or replaced
to Orange County EMA Standard No. 600 -0 -OC, and to the satisfaction of OCFCD
inspector.
I. Permittee agrees to relocate the installations to be made under this permit
promptly under written notice to do so, entirely at its expense, when
necessary for the construction, reconstruction, improvement or alteration of
Orange County Flood Control works.
S. This permit shall become void in the event the use permitted is abandoned
for a period exceeding one (1) year. Upon commencement of work, all
operations, including clean -up and restoration of OCFCD right -of -way, shall
be completed within sixty (60) calendar days.
K. In the event the permitted facilities, after installation, are abandoned,
permittee agrees to remove said facilities, if required, and restore OCFCD's
right -of -way to the satisfaction of OCFCD's inspector.
L. Permittee acknowledges its responsibility to carry or require its contractor
l to carry adequate workers' compensation, public liability and property
amage insurance coverage. Its
® F0290 -2121 (.9/011 'o, Pnntea an recyaeC oaoer
0
HGREEMENT
PROFESSIONAL SERVICES
FOR
DESIGN OF REACH NO.3
36 -INCH WATER TRANSMISSION MAIN
AS PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this IZ:2 day of
January, 1995, 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 ".
WITH ESSETH:
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. 3" within the Orange
County Flood Control District's Talbert Channel; the Cities of Huntington Beach and
Fountain Valley, 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 "PROJECT" design, as well as 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 "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, City of
Fountain Valley and the County of Orange staffs 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, City of Fountain Valley, the County of Orange and
other utility agencies.
• •
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:
(I.) 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 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, connections, jacking and boring locations,
bridge crossings, water valve vault, cathodic protection 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 "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.
(I.) 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.
(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 "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
in the Talbert Channel, jacking and boring locations and the
water valve vault for the "CITY'S" Contractor. Any additional
staking, 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 supplement to "PROJECT ". This report shall
include, but not be limited to:
(1.) Evaluation of on -site geotechnical conditions and their effect on
the proposed pipeline alignment and constructability.
9
(2.) Subsurface investigation including drilling six (6) to eight (8)
borings, laboratory testing and analysis of collected data.
(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,
potential for pipeline settlement bedding and backfill
recommendations and groundwater control, corrosion 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
hi order to assist "CONSULTANT" in the execution of his responsibilities under
this Agreement, "CITY" agrees to provide the following:
A. 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. Survey records and easement information, as are available which are
appurtenant to "PROJECT ".
C. Design criteria, hydraulic data and other technical information, as are
available and appurtenant to "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 Project Manager and provide construction administration and field
inspection on proposed "PROJECT ", once designed and awarded for
construction.
• •
F. "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 City of Fountain Valley and the County of
Orange.
G. Provide blueprinting, CADD plotting, Xeroxing and other services through
"CITY's" reproduction company for each of the required submittals and for
bidding purposes. "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. 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 comment from
the Utilities Department.
2. 90 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit complete plans, a
refined cost estimate and preliminary special provisions for review and
comment from the Utilities Department. "CONSULTANT" shall address
the 50% design review comments. "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 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit 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 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.
E
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5. May 8, 1995 - Deliver 50 sets of Plans and Specifications to the "CITY"
through " CITY's" reprographic company.
IV. PROJECT MANAGER
"CONSULTANT" shall assign the tasks of this project to a Project Manager,
who will coordinate all phases of "PROJECT ". The Project Manager shall be
available to "CITY" at all times. "CONSULTANT" has designated Tom
Epperson to be Project Manager. No change in this assignment is to be made
by "CONSULTANT " without prior written consent of "CITY ".
" CONSULTANT's" Project Manager, Mr. Tom Epperson, shall be billed at the
"Project Manager" rate as indicated in the "Fee Schedule" below.
V. 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 May 8, 1995. 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 "CONSULTANT'S" fee. Provided, however, that
"CONSULTANT" shall not be responsible for damage or delay in performance
caused by events beyond "CONSULTANT's" control.
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.
VI. 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.
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"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 prospective clients reports and
data which have been accepted by "CITY" as prepared under this Agreement.
VII. 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 , "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.
VIII. SUBCONTRACTORS Sr 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 ".
11
Compensation for "SUBCONSULTANT's" services shall not be more than
twenty five thousand one hundred dollars ($25,100.00) and shall be paid
in accord with the limits of the "not -to- exceed" fee listed herein below. No
additional compensation shall be made therefor.
IX. 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 the amount of eighty seven thousand nine hundred dollars ($87,900),
inclusive of the subcontract services defined herein, except as otherwise
provided for herein below.
B. Payment & Fee Schedule
personnel hourly rates
Principal...................................... ...............................
Sr. Managing Engineer /Sr. Project Manager......
Managing Engineer/ Project Manager .................
Project Engineer/ Project Coordinator .................
Senior Engineer ......................... ...............................
EngineerIII ................................ ...............................
EngineerII ................................. ...............................
EngineerI .................................. ...............................
Senior Designer ........................ ...............................
Designer..................................... ...............................
Designer/ Draftsperson ........... ...............................
Draftsperson.............................. ...............................
junior Engineer /junior Draftsperson ..................
CADOperator ........................... ...............................
Senior Construction Inspector ...............................
Construction Inspector ............ ...............................
Word processor ........................ ...............................
Technician................................. ...............................
Three -Man Survey Party
Two -Man Survey Party..
........................ $130.00
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 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 his
duties and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT"
within thirty (30) calendar days 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.
X. 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 thirteen thousand dollars
($13,000) shall require that an amended Agreement for such additional services
be executed by "CONSULTANT" and "CITY ".
XI. 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 make transcripts therefrom as deemed
necessary at "CITY'S" cost, and allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
XII. 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 Certif ate 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.
10
• 0
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 "VIII" (or
larger) in accord with an industry -wide standard and shall be licensed to do
business in the State of California, unless "CITY" waives this requirement.
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.
11
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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.
XIII. 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.
XIV. 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.
XV. 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 ".
XVI. 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.
12
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
✓! 'ii l
Robin Clauson
Assistant City Attorney
ATTEST:
1
Wanda Raggio
City Clerk
Address & Telephone:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
(714)Cri4 -3011 (714)646 -5204 fax
City of Newport Beach,
a municipal corporation
John Hedges, Mayor
"CITY',
ASL Consulting Engineers
a California Corporation
13
Steve Tedesco, Principal
"CONSULTANT'
ASL Consulting Engineers
One Jenner Street
Suite 200
Irvine, California 92718
(714)727 -7099 (714)727 -7097 fax
- � December 12th, 1994
e` :^ CITY COUNCIL. AGENDA
ITEM NO.
TO: Mayor & Members of the City Council
FROM: Utilities Department
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF
DETAILED PLANS & SPECIFICATIONS BY ASL CONSULTING ENGINEERS
REACH NO. 3: 36 -INCH WATER TRANSMISSION PIPELINE (C- 3004 -G)
AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
Authorize the Mayor and 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 9,400 foot long reach of 36 -inch diameter water
pipeline for a fee not to exceed $87,900.
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
9,400 linear feet of 36 -inch diameter pipeline. This project segment is
referred to as Reach No. 3. The Reach No. 3 pipeline route lies primarily in
the right -of -way of the Orange County Flood Control District's Talbert
Channel. Reach No. 3 is approximately 9,400 feet long and extends from
Slater Avenue on the north end, to the Southern California Edison right -of-
way just south of Garfield Avenue at the south end of the reach. 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.
•i
Groundwater Development Project
Reach No. 3 Pipeline Design Contract
December 12th, 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 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:
Robert Bein, William Frost & Associates, Daniel Boyle Engineering Inc., AKM
Consulting Engineers, 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 "B ".
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 "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
• P e3
Groundwater Development Project
Reach No. 3 Pipeline Design Contract
December 12th, 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. A key factor was their very satisfactory performance on the design
of the Reach No. 2 pipeline project segment. 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 . 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 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 "D ".
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 late -April 1995. This phase of the Groundwater Development
Project must be carefully coordinated with the other pipeline design
components. Construction of the Reach No. 3 Pipeline is proposed to begin late
next spring, to integrate properly with the construction of the other pipeline
construction segments and to allow construction to be completed during the
drier summer months. The Professional Services Agreement requires
completion of the design plans and specifications by April 28th, 1995.
Funds are available for this design contract in the Water Fund
under Capital Projects Account No. 7504 P 500 094 A. Staff recommends
approval.
Respectfully submitted,
JEFF STANEA2
Jeff Staneart, P.E.
Utilities Director
IS:sdi
Attachments: "A"
B.,
„E.5
Request for Proposals
Proposal Evaluation Matrix
Proposal Matrix Criteria
Professional Services Agreement
Project Vicinity Map
0 0
nVCAM %v COQ G°�QOpO�;d
PROFESSIONAL ENGINEERING SERVICES
FOR
(REACH NO. 3) 36 -INCH WATER TRANSMISSION MAIN
AS 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 Groundwater Development 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. 3 pipeline begins with a connection to an existing
pipeline (known as the "Seawater Line ") with a water valve vault on the easterly side of
the Talbert Channel at the Southern California Edison Easement between Yorktown
Avenue and Garfield Avenue, cross the Talbert Channel westerly and then continue
northerly within the Talbert Channel on the access road to the intersection of Slater
Avenue and the Talbert Channel. See Exhibit "A ".
The Reach No. 3 pipeline will ultimately be connected to two (2) proposed 24 -inch
water transmission mains that will transport groundwater from two (2) proposed
well sites also shown on Exhibit "A ".
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 bridge crossing details, jacking and boring details, all pipeline appurtenances,
preparation of detailed written special provisions, bid documents, quantity
estimates and an overall cost estimate.
The consultant shall include as part of the proposal; a soils investigation, preparation
of traffic control plans, and corrosion analysis. Traffic control plans shall meet the
requirements of the Cities of Huntington Beach and Fountain Valley.
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 CPS coordinate
system. The consultant shall also provide construction staking for the City's contractor.
•
Scope of Services (Cont.)
• Reach No i
Water Transmission Pipeline
Request for Proposals
The proposed project is located within the jurisdictional boundaries of the Cities of
Huntington Beach and Fountain Valley and the County of Orange. The consultant
shall be responsible for processing plans for permit approval from the agencies
described above.
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" 1994 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 design review dates shown below.
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 Cities of Huntington Beach and Fountain Valley 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.
• • Reach No. 3
Water Transmission Pipeline
Request for Proposals
Scope of Services (Cont.)
The City is anticipating to advertise for construction bids by May 8, 1995 and to
begin construction of the water transmission line by June 12, 1995. To meet this
construction schedule, the following is a list of critical dates for the above design
review submittals.
December 13, 1994 .............
January 23, 1994
March 13,1995..
April 10,1995....
April 28,1995 ...
.........................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.
If subconsultants are utilized, they shall be identified in the scope of work together
with the services performed and identified in the fee schedule together with their
billing rate. Subconsultants shall be directed and compensated by consultant as if
said firm were a direct employee of consultant.
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 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
20 weeks. The deadline for final approval of the consultant's plans and
specifications is April 28, 1995. 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.
•
•
Reach No. 3
Water Transmission Pipeline
Request for Proposals
Additional Responsibilities
The consultant shall be responsible for completing the specified services in accord
with the City's standard "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). The City must be a "named ensured" on all required policies.
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.
City will reimburse consultant for the actual cost (plus 10 %) for all outside
expenses, including those for material costs authorized in advance by the City and
other reasonable expenses, where such costs have been advanced by consultant and
approved in advance by City.
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.
The 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 ".
• • Reach No 3
Water Transmission Pipeline
Request for Proposals
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 Cities of Huntington
Beach and Fountain Valley and the County of Orange.
5. The City will provide blueprinting, CADD plotting, photocopying 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.
E N D
OIY
� fiJAEC
I� II LL
111
AA
Approximate
Scde: ' = 2500'
Newport Beach
Groundwater Development Project
LEGEND
36 -INCH WATER TRANSMISSION MAIN -REACH NO. 3
- - - - -- EXISTING "SEAWATER "LINE
------ --- -- - --- -- FUTURE 24 -INCH WATER TRANSMISSION MAIN
FUTURE WELL SITES
1
EXHIBIT "A"
•
C7
Groundwater Development Project
Professional Engineering Services
36 -inch Water Transmission Main (Reach No. 3)
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
AKM Consulting
ASL Consulting
Daniel Boyle
Robert Bein, William
Weights
Engineers
Engineers
Engineering
Frost & Associates
PROPOSAL CONTENT
Related Project Experience
4.0
4.0
4.0
4.0
25.00%
Project Staff Assigned
4.0
4.0
4.0
4.0
25.00%
Grasp of the Project Requirements
4.0
4.5
4.0
3.5
10.00%
Approach to Project Management
4.5
4.5
4.0
4.0
20.00%
Proposed Project Schedule
4.0
4.0
4.0
4.0
10.00%
Proposed Labor Breakdown
L0
4.0
4.0
4.0
10.00%
Fee
$113,042
$87.900
$141,100
$125,100
Average Labor Cost
$77.14/HR
$79.84/HR
$73.42/HR
$98.37/HR
Total Weighted Score
4.10
4.15
4.00
3.95
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
•
•
Groundwater Development Project
Professional Engineering Services
36 -inch Water Transmission Main - Reach #3
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 "Statement of Qualifications. The four (4) firms which
submitted proposals are listed below:
AKM Consulting Engineers (AKM)
2. ASL Consulting Engineers, Inc. (ASL)
3. Daniel Boyle Engineering, Inc. (DBE)
4. Robert Bein, William Frost & Associates (RBF)
The proposals were reviewed by the selection committee and 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 project approach.
Based on a complete analysis of the written proposals, all four (4)
proposing firms, AKM, ASL, DBE and RBF, were all deemed capable to
perform the work required by this project.
After careful review, the selection committee recommends ASL be awarded
the design contract. This recommendation is based on the quality of ASL's
proposal with respect to their project approach, ASL's familiarity with the
local conditions, coordination with local agencies, previous experience with
similar projects and proposed design fee. In addition, ASL was the design
consultant for the Reach No. 2 project and is familiar with City stair and the
City's requirement for design details.
A ranking matrix is attached. The following paragraphs describe the
rationale behind the ranking in each category.
•
Project Understanding
J
Page 2
Groundwater Development Project
36 -inch Water Transmission Main (Reach No. 3)
Consultant Matrix Criteria
It is imperative that the full scope and extent of the project is clearly
identified and understood by the consultant in their written proposal.
During the proposal process, a City representative met with all four (4) firms
to provide additional information regarding the project.
Each firm demonstrated a reasonable understanding of the project scope.
However, each of the firms emphasized different aspects of the project. AKM
and DBE discussed the design of the pipeline, RBF discussed the permitting
process, and ASL discussed the constructability of the project. The
selection committee suggested that ASL's discussion of the constructability
of the project was significant, due to the location of the project.
All four (4) consultants had a good understanding of the necessary scope of
work required for the project. The scope of work will be a major factor in
consultant's ability to effectively manage and organize the required
preliminary and final design tasks and the required construction services.
Project Experience
The proposing firms were ranked on recent project experience relative to
installation of a large diameter water transmission main. 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, with a greater emphasis on Newport Beach, Huntington Beach
and Fountain Valley. Familiarity with standard construction procedures,
local conditions and permit processing was highly desirable.
All four (4) of the proposing firms have had significant previous experience
with similar projects within proximity of the proposed project.
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
project. Given the complex nature of this project, the experience and
capability of the project team affects other key areas of the project, such as
the ability of the consultant to meet and complete the required tasks and
provide efficient project coordination with the City.
Three (3) firms had key team members that have had previous design
experience with the City. ASL has recently completed the design of Reach
No. 2 and the same design team will be assigned to this project.
Page 3
Groundwater Development Project
36 -inch Water Transmission Main (Reach No. 3)
Consultant Matrix Criteria
Project Management
The importance associated with the coordination and management that is
required for the various aspects of this project are vital for the project
success. It is mandatory that the successful firm provide a knowledgeable
and competent project manager.
All four (4) firms indicated in their proposal a proven project managers with
direct applicable and successful project management experience for the
design of similar projects.
Project Schedule
The project schedule is crucial to insure the 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.
In this analysis, it appears two (2) firms, AKM and ASL, will provide the
most thorough pipeline design value.
•
AGREEMENT
PROFESSIONAL SERVICES
FOR DESIGN OF REACH NO.3
36 -INCH WATER TRANSMISSION MAIN
GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this day of
December, 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 ".
WITNESS ET H:
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 16' 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. 3" within the Orange County
Flood Control District's Talbert Channel; the City of Huntington Beach and the City of
Fountain Valley, 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 "PROJECT" design, as well as 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
•
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 "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, City of
Fountain Valley and the County of Orange staffs 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, City of Fountain Valley, the County of Orange and
other utility agencies.
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 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, connections, jacking and boring locations, bridge crossings,
water valve vault, cathodic protection 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 "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.
(L) 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.
(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 "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 in the
Talbert Channel, jacking and boring locations and the water valve
vault for the "CITY's" Contractor. Any additional staking, 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 supplement to "PROJECT ". This report shall
include, but not be limited to:
(1.) Evaluation of on -site geotechnical conditions and their effect on the
proposed pipeline alignment and constructability.
(2.) Subsurface investigation including drilling six (6) to eight (8) borings,
laboratory testing and analysis of collected data.
(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, potential for pipeline settlement bedding and
backfill recommendations and groundwater control, corrosion
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 "CONSULTANT" in the execution of his responsibilities under
this Agreement, "CITY" agrees to provide the following:
A. 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. Survey records and easement information, as are available which are
appurtenant to "PROJECT ".
•
C. Design criteria, hydraulic data and other technical information, as are available
and appurtenant to "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 Project Manager and provide construction administration and field
inspection on proposed "PROJECT ", once designed and awarded for construction.
F. "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 City of Fountain Valley and the County of Orange.
G. Provide blueprinting, CADD plotting, Xeroxing and other services through
"CITY's" reproduction company for each of the required submittals and for
bidding purposes. "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. January 23,1995 - 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 comment from the Utilities Department.
2. March 13,1995 - 90 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit complete plans, a refined
cost estimate and preliminary special provisions for review and comment
from the Utilities Department. "CONSULTANT" shall address the 50%
design review comments. "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. April 10, 1995 - 100 Percent Design Review Submittal
"CONSULTANT" shall, as a minimum, submit 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. April 28, 1995 -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. May 8, 1995 - Delivery of Plans & Specifications
Deliver 50 sets of Plans and Specifications to the "CITY" through "CITY'S"
reprographic company.
IV. PROJECT MANAGER
A. "CONSULTANT" shall assign the tasks of this project to a Project Manager,
who will coordinate all phases of "PROJECT ". The Project Manager shall be
available to "CITY" at all times. "CONSULTANT" has designated Tom
Epperson to be Project Manager. No change in this assignment is to be made
by "CONSULTANT " without prior written consent of "CITY ".
B. "CONSULTANT's" Project Manager, as Mr. Tom Epperson, shall be billed at
the "Project Manager" rate as indicated in the "Fee Schedule" below.
V. TIME OF COMPLETION AND LIQUIDATED DAMAGES
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. All work, with the
exception of the construction phase services required to advertise for
construction shall be completed no later than April 28, 1995. 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 "CONSULTANT's" fee. Provided,
however, that "CONSULTANT" shall not be responsible for damage or delay
in performance caused by events beyond "CONSULTANT's" control.
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 ", including "as- built"
drawing preparation.
• •
VI. OWNERSHIP OF DOCUMENTS
A. 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.
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" is granted permission to show prospective clients
reports and data which have been accepted by "CITY" as prepared under
this Agreement.
VII. 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 , "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.
• •
IX. 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
twenty five thousand one hundred dollars ($25,100.00) and shall be paid in
accord with the limits of the total "not -to- exceed" fee listed herein below.
No additional compensation shall be made therefor.
X. 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 the amount of eighty
seven thousand nine hundred dollars ($87,900), inclusive of the subcontract
services defined herein, except as otherwise provided for herein below.
B. PAYMENT & FEE SCHEDULE
personnel hourly rates
Principal.............................................................. ............................... $130.00
Sr. Managing Engineer /Sr. Project Manager ............................... 120.00
Managing Engineer/ Project Manager ........... ............................... 110.00
Project Engineer/ Project Coordinator ........... ............................... 98.00
SeniorEngineer .................................................. ............................... 88.00
EngineerIII ......................................................... ............................... 80.00
EngineerII .......................................................... ............................... 74.00
Engineer I .... ...............................
Senior Designer .........................
Designer.................................. ...............................
Designer / Draftsperson ........ ...............................
Draftsperson ........................... ...............................
Junior Engineer /Junior Draftsperson ...............
CADOperator ........................ ...............................
Senior Construction Inspector ............................
Construction Inspector ......... ...............................
Word processor ...............
Technician ........................
Three -Man Survey Party
Two -Man Survey Party..
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 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 his duties
and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within
thirty (30) calendar days 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.
XI. 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 thirteen thousand dollars ($13,000)
shall require that an amended Agreement for such additional services be executed
by "CONSULTANT" and "CITY ".
10
•
XII. 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 make transcripts therefrom as deemed necessary at
"CITY'S" cost, and allow inspection of all work, data, documents, proceedings and
activities related to this Agreement.
XIII. 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 "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, unless "CITY" waives this requirement.
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
tt
7
•
•
Property Damage $ 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.
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.
XIV. 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.
12
•
XV. 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.
XVI. 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 ".
XVII. 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.
13
•
0
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 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
14
City of Newport Beach,
a municipal corporation
John Hedges, 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 FAX
FEB 2 7 M
i
February 27', 1995
CITY COUNCIL AGENDA
ITEM NO. .?c
TO: Mayor & Members of the City Council
FROM: Utilities Department
SUBJECT: CONTRACT FOR WATER PIPELINE MATERIAL ORDER
REACH NO. 3 WATER TRANSMISSION PIPELINE (C- 3004 -G)
GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATIONS:
Approve pre- ordering pipe for the Reach No. 3 Pipeline Project
to allow the City to meet the critical schedule limits imposed
by the Orange County Flood Control District on the Project.
2. Approve the specifications and direct staff to solicit sealed
bid quotations for pipe materials from pipe manufacturers.
a. Bids to be opened at half past eleven o'clock in the
morning, 4.1:30• a.m.) on Wednesday, March 15ffi, 1995,
at the office of the City Clerk.
3. Authorize staff to award the contract and issue a purchase
order for the specified pipe materials.
fr36Y03&_KiAE
This pipeline project is part of the City's Groundwater
Development Project. It will provide pipe materials for installation of
approximately 9,700 linear feet of 36 -inch diameter water transmission
pipeline. The pipeline materials to be acquired under this proposed purchase
will be installed by a contractor early this coming summer. It is imperative
that the pipe materials be received in time for the contractor to have them
installed during the summer months. The City's permit to construct this
reach of pipe allows construction to occur only between April and October.
Pipe and fittings of this size generally take up to 16 weeks to deliver after they
are ordered. Because of this long lead -time between order and delivery, the
City is proposing to solicit bids for the pipe and fittings and buy them for a
contractor to install as soon as the detailed pipeline design is completed.
This reach of pipeline is referred to as the Reach No. 3 Pipeline
Project. This reach of proposed pipeline will lie in the dirt access road in the
Talbert Flood Control Channel. The Reach No. 3 Pipeline will run from Slater
Avenue southerly to a point where it intersects the OCWD Seawater
Transmission Pipeline south of Garfield Avenue. A project vicinity map is
included as Attachment "A ".
(34
0
F_
L J
Groundwater Development Project - Page 2
Reach No. 3 Water Transmission Pipeline
Advertise for Bids & Pre -order Pipe Materials
February 27'", 1995
This segment of the Groundwater Project will allow delivery of well
water from Fountain Valley to the City's water system. It will connect the
proposed water wells to the existing leased OCWD Seawater Transmission Main,
The design consultant, ASL Consulting Engineers, has only had
time to complete their preliminary pipeline design. Council approved the
professional services agreement for this reach of pipeline at the January 9th,
1995 Council meeting. The engineer and staff are recommending that the City
pre -order and purchase the pipe and fittings for a contractor to install. Staff
believes this is the only way to achieve completion this calendar year and to
avoid delays to the overall project. Alternate schedules have been prepared by
the design engineer showing construction dates with and without pre- ordering
the pipe materials. Refer to Attachments "B" and "C ".
The Engineers' Estimate for the pipe and fittings costs is
$1,060,900. The costs are distributed as indicated in the table below.
Engineers' Material Cost Estimate
Item Quantity Unit Description Amount
1 6,700
linear feet
36 -inch diameter Push -on Joint,
$ 495,000
class 52 ductile iron pipe
2 3,000
linear feet
36 -inch diameter Restrained -Joint
330,000
class 52 ductile iron pipe
3 6
Each
36 -inch diameter 45' bends
22,000
Mechanical Joint x Mechanical Joint
4 24
Each
36 -inch diameter 221/2° bends
87,000
Mechanical Joint x Mechanical Joint
5 10
Each
36 -inch diameter 111/4' bends
37,000
Mechanical Joint x Mechanical Joint
6 1
Each
36 -inch diameter Restrained -Joint
2,000
End Cap
7 2
Each
36 -inch x 30 -inch Eccentric Reducers
7,000
Mechanical Joint x Mechanical Joint
8 1
Each
30 -Inch diameter x 7 -foot long
2,000
class 54 Plain -end x Plain -end pipe piece
9 1
Each
30 -inch diameter x 3 -foot long spindle
1,000
class 53 Flange -end x Plain -end pipe piece
10 1
Each
30 -inch diameter x 18 -inch long spindle
1,400
class 54 Flange -end x shouldered -end pipe piece
11 1
Each
30 -inch diameter x 5 -toot long spindle
2,000
class 54 Flange -end x shouldered -end pipe piece
12 7
Each
36 -inch x 24 -inch tee fittings
47,500
Mechanical Joint x Flanged -Joint
13 7
Each
24 -inch diameter x 12 -inch long spool
7,000
class 54 Flange -end x Flange -end pipe piece
14 7
Each
24 -inch diameter ductile iron blind flanges with
5,000
8 -inch threaded tap
15 8
Each
36 -Inch diameter ductile iron sleeve
15,000
Mechanical Joint x Mechanical Joint
Total Estimated Material Cost
$1,060,900
0 0
Groundwater Development Project - Page 3
Reach No. 3 Water Transmission Pipeline
Advertise for Bids & Pre -order Pipe Materials
February 27'", 1995
The proposed bid opening date of March 15'h, 1995, will give the
pipe manufacturers and suppliers ample opportunity to prepare competitive
quotations. Assuming approval of staffs recommended action, purchase
order(s) for pipe and fittings could be issued by March 17`r', 1995. This
action will allow the City time to complete the detailed pipeline construction
plans, time to advertise for bids to construct the pipeline and time for the
Council to award the contract and initiate the work. Taking this action will
provide a means for the City's contractor to complete the installation before
the October permit deadline.
Funds for the project were approved in the 1992 - 93,1993 -94
and 1994 -95 water capital projects budgets and are available in the Water
Fund under Capital Project Account No. 7504 P 500 094 A.
Staff recommends approval to solicit bids for the pipe and fittings
and for staff to order them.
Respectfully submitted,
.Erl- 5TAIJEAgT
Jeff Staneart, P.E.
Utilities Director
is: sdl
Attachment: "A ": Project Vicinity Map
"B"; Construction Schedule (Pre -Order Pipe)
"C ": Construction Schedule (Without Pre -Order Pipe)
REACH NO. 3A
TALBERT
REACH NO. 3B
_ AW,
N.T.S.
IIU� ELLISa ,1� p-q�� Newport Beach
�J Groundwater
�a d RFC�N0.3 Development Project
-- = ater Transmission Mair
► Route Study
Existing Mains
--
___ O.C.W.D. Seawater Main
_____ O.C.W.D. Seawater Main
Leased
�[ Y City Transmission Line
a Proposed Transmission Lines
Preferred Route
REACH NO. 2
REACH NO. I
T Well Sites
V .19TH • Proposed
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