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HomeMy WebLinkAboutC-3004(H) - Design of Reach No. 4, 36-Inch Water Transmission Main - Groundwater Project0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 �Zau1��CC- 3 - / - �'5- TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: March 1, 1995 SUBJECT: Contract No. C- 3004(H) Description of Contract Design of Reach No. 4, 36 -Inch Water Transmission Main - Groundwater Development Project Effective date of Contract February 28 1995 Authorized by Minute Action, approved on February 13 1995 Contract with AKM Consulting Engineers Address 101 Pacifica Suite 150 Irvine CA 92718 Amount of Contract (See Agreement) c• Wanda E. Raggio p City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 0 a 6, - 3 L e // ( /v) FGREEM ENT PROFESSIONAL SERVICES FOR DESIGN OF REACH NO.4 36 -INCH WATER TRANSMISSION MAIN GROUNDWATER DEVELOPMENT PROJECT THIS AGREEMENT is made and entered into this ��� day of February, 1995, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and AKM Consulting Engineers, a California Corporation, hereinafter referred to as "CONSULTANT ". WITHESSETIt 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" seeks to install a new 36 -inch transmission water main and five (5) pressure reducing stations, hereinafter collectively referred to as "Reach No. 4" which is to be a part of the system to transport water from the 16th Street facility to the Big Canyon Reservoir, hereinafter referred to as 'PROJECT ", and; WHEREAS, implementation 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: a • 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 Costa Mesa and Mesa Consolidated Water staff for coordination and approval of plans and specifications. 2. Review Background Data a. "CONSULTANT" shall, in an effort to relay relevant information to their staff, review the pertinent background data obtained at the meetings with "CITY" staff and /or as provided by "CITY" during the course of the "PROJECT ". b. "CONSULTANT" is entitled to rely on materials provided by or through "CITY" without independent evaluation by "CONSULTANT ". c. "CONSULTANT" shall perform a utility research of the proposed alignment including, contacting Underground Service Alert, the City of Costa Mesa and other utility agencies. 0 i 3. Survey and Mapping a. "CITY" shall provide survey and aerial topography of the proposed alignment in a digital format. Additional survey required shall be provided by "CONSULTANT ". Survey control is based on 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 16th Street, Kings Place, and Cliff Drive and all other connecting piping, in accord with "CITY' Standards associated with the "PROJECT ". (3.) Preparation of "Detail Sheets" as required to fully illustrate and show all fittings, connections, pressure regulating stations, water valve vaults, 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. (1.) Construction documents are intended to be publicly bid as a complete package which shall meet the requirements of "CITY" and all applicable State and Local laws. 6. Cost Estimate & Schedule a. "CONSULTANT" shall prepare a detailed written cost estimate and construction schedule for "PROJECT ". Estimate shall be transmitted to "CITY" with a written memorandum of transmittal and explanation. 9 0 (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 alignments, pressure regulating stations, connections, and water valve vaults 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 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 and 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. 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. Each reproduction requests must be approved before services are provided. 0 0 G. "CONSULTANT" shall arrange times so City staff can meet with "CONSULTANT" to review plans, specifications and other documentation provided by "CONSULTANT' relative to 'PROJECT ". "CITY" will return all comments within seven (7) calendar days. H. "CONSULTANT' will have plans and specifications approved and signed by Utilities Director by June 26', 1995. Liquidated damages accrue as of 5:00 PM June 26`h,1995. IV. WORK AREAS There are four (4) areas where design work will be performed. These four (4) areas are detailed as follows: AREA 1 Installation of a new 36 -inch water transmission main within 16th Street from the intersection of Monrovia Avenue to Superior Avenue. This includes connecting to an existing 24 -inch water transmission main at Monrovia Avenue, connecting to an existing 30 -inch water transmission main at Superior Avenue and redesign of the interconnection between the City of Newport Beach and Mesa Consolidated Water District at Monrovia Avenue and Superior Avenue. In addition, the installation of a new pressure reducing stations at Monrovia Avenue and 16th Street and Superior Avenue and 16th Street. Details of the pressure reducing stations are in addition to details shown in the City of Newport Beach Design Criteria, Standard Special Provisions £a Standard Drawings for Public Works Construction (City Standards). AREA 2 Installation of a new pressure reducing station in 15th Street between Santa Ana Avenue and San Bernardino Avenue. This includes redesign of a connection between existing 30 -inch and 12 -inch water mains and details of the pressure reducing station per City Standards. AREA 3 Installation of a new pressure reducing station in 15th Street between Irvine Avenue and St. Andrews Road. This includes redesign of a connection between existing 30 -inch and 12 -inch water mains and details of the pressure reducing station per City Standards. In addition, installation of a new 16 -inch water main between Irvine Avenue and Signal Road. AREA 4 Installation of a new 36 -inch water transmission main within Kings Place from 15th Street to Cliff Drive and Cliff Drive from Kings Place to Dover Drive. This includes connecting to an existing 30 -inch water main in Kings Place, connecting to an existing 24 -inch water main in Dover Drive, abandonment of the existing 30 -inch water main and installation of new 30 -inch and 24 -inch valve vaults. 0 V. 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 Jaime E. Moreno, P.E. to be Project Manager. No change in this assignment is to be made by "CONSULTANT" without prior written consent of "CITY ". VI. 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 June 26', 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. VII. OWNERSHIP OF DOCUMENTS Original drawings and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than for this "PROJECT ", or any use of incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be made available to any individual or organization by "CONSULTANT" without prior written approval by "CITY ", unless required by subpoena. "CONSULTANT" may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. "CONSULTANT" is granted permission to show prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VIII. 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 101 Pacifica, Suite 150, 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 and private surveying firm to complete those tasks which require related professional services. Said geotechnical firm, Geomatrix Consultants, Inc., and said surveying firm, Dmc Engineering, hereinafter refer to as "SUBCONSULTANT ", shall be directed and compensated by "CONSULTANT" as if said firm were a direct employee of "CONSULTANT ". 1. Compensation for "SUBCONSULTANT's" services shall not be more than nineteen thousand two hundred dollars ($19,200.00) 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. 0 0 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 four thousand one hundred and fifty-six dollars ($84,156), inclusive of the subcontract services defined herein, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Principal.............................................................. ............................... $125.00 Senior Associate ................................................. ............................... 113.00 Associate............................................................. ............................... 105.00 Principal Engineer ............................................. ............................... 105.00 ProjectManager ................................................. ............................... 100.00 SeniorEngineer .................................................. ............................... 100.00 ProjectEngineer ................................................. ............................... 92.00 Associate Engineer ............................................ ............................... 78.00 Assistant Engineer ............................................ ............................... 66.00 Senior Designer /Senior CADD Technician .. ............................... 66.00 Designer /CADD Technician ........................... ............................... 59.00 Senior Draftsperson .......................................... ............................... 55.00 Draftsperson....................................................... ............................... 49.00 Engineering Aide .............................................. ............................... 40.00 Data or Word Processing ................................. ............................... 49.00 OfficeSupport .................................................... ............................... 40.00 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 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 ". 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. 10 i • C. "CONSULTANT" shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Amount Bodily Injury $ 1,000,000 each occurrence $ 1,000,000 aggregate Property Damage $ 1,000,000 each occurrence $ 1,000,000 aggregate Aggregate Insurance A combined single limit policy with aggregate limits in the amount of $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. 11 i 0 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. 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. 12 i • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: City Attorney ATTEST: Wanda Raggio City Clerk Fc�rc 1�4 Address and City of Newport Beach, a municipal corporation John Hedges, Mayor "CITY" AKM Consulting Engineers a California Corporation ime E. Moreno, Principal CONSULTANT" City of Newport Beach AKM Consulting Engineers 3300 Newport Boulevard 101 Pacifica Post Office Box 1768 Suite 150 Newport Beach, California 92658 -8915 Irvine, California 92718 (714) 644 -3011 (714) 646 -5204 fax (714) 753 -7333 (714) 753 -7320 fax 13 p4) CQU%- 1 3 1995 February 131b, 1995 FFR ► CITY COUNCIL AGENDA ITEM NO. 3 TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: PROFESSIONAL SERVICES AGREEMENT (CONTRACT NO. C- 3004 -H) DETAILED PLANS & SPECIFICATIONS BY AKM CONSULTING ENGINEERS REACH NO. 4: 36 -INCH WATER TRANSMISSION PIPELINE GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the City, with AKM Consulting Engineers to design and prepare detailed Plans and Specifications for construction of 5,000 feet of 36 -inch, and 1,600 feet of 16 -inch diameter water pipelines with five pressure regulating stations and other connecting water pipelines for a fee not to exceed $84,156. GENERAL 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, together with two miles of existing leased pipeline. Some additional pipe replacement is required within the City's existing distribution system. The subject of this report is the project segment dealing with the pipeline improvements within the City's existing distribution piping system. THIS PROJECT SEGMENT: The overall project plan calls for transmission pipelines to be designed and constructed in segments. This portion of the overall project deals with the segment of pipeline that lies within the City's existing distribution system. It consists of approximately 5,000 linear feet of 36 -inch diameter pipeline, 1,600 linear feet of 16 -inch diameter pipeline and five pressure regulating stations and connecting piping. This project segment is referred to as Reach No. 4. The Reach No. 4 pipeline will run in 161' Street from Monrovia Avenue to Superior Avenue; then in 15' street from Newport Boulevard to Dover Drive through parts of Costa Mesa. Refer to Exhibit "E" for specific pipe locations. 0 Page 2 Groundwater Development Project Reach No. 4 Pipeline Design Contract February 13'", 1995 This contract will provide for engineering design and preparation of detailed plans and specifications for the construction of the pipeline and related Reach No. 4 improvements. PROJECT SCHEDULE: The critical -path schedule for timely completion of the overall project requires the consultant's plans for this design phase of the project to be completed by late -June 1995. Construction of the Reach No. 4 pipeline is scheduled to start in the Fall of 1995. This will allow completion of these improvements and the overall Groundwater Development Project by Summer 1996. The schedule for implementing this segment of the project has also been coordinated with the City of Costa Mesa street reconstruction project slated for 15' Street in 1996. Design coordination related to the storm drain improvements being provided by the City of Newport Beach in a joint effort with the City of Costa Mesa has also been included in the planned schedule for the Reach No. 4 project segment. The order of project events along 15"' Street will be: Reach No. 4 Pipeline construction first; 15"' Street Storm Drain Project construction next; then the 15' Street Pavement Reconstruction Project by the City of Costa Mesa. THE SELECTION PROCESS: 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 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." Page 3 Groundwater Development Project Reach No. 4 Pipeline Design Contract February 13'". 1995 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: Civiltec Engineering, Inc., AKM Consulting Engineers, Daniel Boyle Engineering Inc. and ASL Consulting Engineers. The written proposals were reviewed by the Utilities Department Selection Committee. The committee was comprised of the Utilities Director, Deputy Director, the Water Operations Superintendent and a representative from an independent private civil engineering firm (a firm not proposing on the project) who is a registered professional engineer. On the basis of a detailed ranking of the various firms, the selection committee chose AKM Consulting Engineers as the most qualified firm to perform the required professional services to complete the pipeline design and to prepare the plans and specifications for construction. The numerical ranking of the selection committee and criteria is attached as Exhibit "B ". A summary discussion of the detailed criteria used to evaluate qualifications of the four engineering firms is also provided as an attachment to this report. Refer to Exhibit "C ". The key areas of review were: 1. Proposal Content 2. Project Experience 3. Project Team & Staff Expertise 4. Project Understanding & Design Approach 5. Project Management 6. Proposal Preparation & Responsiveness 7. Labor Costs & Fee 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. 1 pipeline project segment. The firm of AKM 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, other agencies and other consultants working on the interrelated phases of the Groundwater Development Project. E THE CONSULTANT'S SERVICES: n Page 4 Groundwater Development Project Reach No. 4 Pipeline Design Contract February 13'", 1995 The proposed Professional Services Agreement with AKM 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 contract 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 timely completion of the overall project requires that the consultant's plans for this phase of the project be completed by late -June 1995. As previously discussed, this phase of the Groundwater Development Project must be carefully coordinated with the other pipeline design components and the other proposed improvement projects in 15' Street. Once the consultant's design is completed, the construction of the Reach No. 4 Pipeline can begin. Construction is slated for Fall 1995, to integrate properly with construction of the other pipeline segments and to allow completion prior to the start of the storm drain and street improvement projects in 15' Street. STAFF RECOMMENDATION & FUNDING: Funds are available for this design contract as part of the Groundwater Development Project in the Water Enterprise Fund under Capital Projects Account No. 7504 P 500 094 A. This project must be completed in order for the Groundwater Development Project to function. Staff recommends approval. Respectfully submitted, �BPF SrswEnR� Jeff Staneart, P.E. Utilities Director M1S:sdi Exhibits: "A ": Request for Proposals "B ": Proposal Evaluation Matrix "C": Proposal Matrix Criteria "D ": Professional Services Agreement "E ": Project Vicinity Map 0 0 REQUEST FOR PROPOSAL PROFESSIONAL ENGINEERING SERVICES FOR (REACH NO. 4) 36 -INCH WATER TRANSMISSION MAIN AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT Description and Location of Project The Groundwater Development Project involves water wells, 6 -miles of transmission pipeline, a 3.0 million gallon reservoir and a 11,500 gallon per minute pump station. The portion of the Groundwater Project your firm is being asked to propose on requires engineering services for design and installation of a new 36 -inch water transmission main, Reach No. 4, between the new Pump Station at the City Utilities Yard located at 949 W. 16th Street and existing 30 -inch transmission main which ends at Superior Avenue and 16th Street. The Project will also consist of the design of five (5) pressure reducing stations and the disconnection of various distribution water mains from the existing 30 -inch transmission main between Newport Boulevard and the Newport Bay. The Project is necessary because the increased pressure required from the new pump station would over pressurize the local distribution system. The following describes the various areas of design: (Refer to the attached exhibit.) AREA I Installation of 2,900 linear feet of new 36 -inch water transmission main within 16th Street from the intersection of Monrovia Avenue to Superior Avenue. This includes connecting to an existing 24 -inch water transmission main at Monrovia Avenue, connecting to an existing 30 -inch water transmission main at Superior Avenue and redesign of the interconnection between the City of Newport Beach and Mesa Consolidated Water District at Monrovia Avenue and at Superior Avenue. In addition, installation of new pressure reducing stations at Monrovia Avenue and 16th Street and Superior Avenue and 16th Street. Details of the pressure reducing stations will be in addition to the details shown in the City of Newport Beach Design Criteria, Standard Special Provisions & Standard Drawings for Public Works Construction (City Standards). AREA 2 Installation of a new pressure reducing station in 15th Street between Santa Ana Avenue and San Bernardino Avenue. This includes redesign of a connection between existing 30 -inch and 12 -inch water mains and details of the pressure reducing station per City Standards. AREA Installation of a new pressure reducing station in Irvine Avenue at 15th Street. This includes redesign of a connection between existing 30 -inch and 12 -inch water mains and details of the pressure reducing station per City Standards. In addition, installation of 1600 linear feet of new 16 -inch water main between Irvine Avenue and Signal Road. ..Fxrl,3r, A" Professional Engineering services (Reach No. 4) 36 -inch Water Transmission Main Request for Proposals Description and Location of Project (Cont.) AREA 4 Installation of 1,800 linear feet of new 36 -inch water transmission main within Kings Place from 15th Street to Cliff Drive and Cliff Drive from Kings Place to Dover Drive. This includes connecting to an existing 30 -inch water main in Kings Place, connecting to an existing 24 -inch water main in Dover Drive, abandonment of the existing 30 -inch water main and installation of new 30 -inch and 24 -inch valve vaults. In addition, a new pressure reducing station in Dover Drive north of Cliff Drive. The connection at Dover Drive will include approximately 200 linear feet of 24 -inch water transmission main. Scope of Services The Consultant shall be responsible for complete design services for construction of the previously described project. This design responsibility shall include preparation of construction drawings showing plan and profile views of the pipeline, all connection details, all pressure reducing station details and other pipeline appurtenances, preparation of detailed specifications, bid documents, estimate and an overall construction cost estimate. In addition, the Consultant will assist with coordination and traffic control approval from the City of Costa Mesa. 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 Newport Beach and Costa Mesa. The Consultant will be provided with aerial topography and centerline control based on the County's GPS coordinate system in an AUTOCad format. The Consultant shall be responsible for any additional field surveying required to properly design the project. The Consultant shall also provide construction staking for the contractor. A portion of the proposed project is located within the jurisdictional boundaries of the City of Costa Mesa. The Consultant shall be responsible for processing plans for Encroachment Permit approval from the City of Costa Mesa. All drawings and design specifications shall be in accord with the requirements of the City of Newport Beach "Design Criteria, Special Provisions and Standard Drawings for Public Works Construction ", Latest Edition, which incorporates the "green book" specifications titled, "Standard Specifications for Public Works Construction", latest revision. All specifications and drawings shall be subject to final review and acceptance by the City of Newport Beach, Utilities Department Project Manager. The Consultant's proposal shall include a detailed list itemizing the tasks required to complete the scope of work outlined herein. Each task shall include a detailed estimate of man-hours required to complete each task. RPP -2 0 9 Professional Engineering Services (Reach No. 4) 36 -inch Water Transmission Main Request for Proposals Scope of Services (Cont.) The Consultant shall also provide a proposed Project schedule depicting the time of completion for 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 and construction notes), completed base sheet information on plan and profile sheets with a proposed pipeline profile and location of pressure reducing stations, working sketches of details and sections, and a cost estimate. 2. 90% Design Review - Consultant shall, as a minimum, submit complete plans, a refined cost estimate and preliminary special provisions. As well as addressing the 50% design review comments. The Consultant shall submit plans and special provisions to the City of Costa Mesa 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 necessary for final approval. 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. The City will advertise for construction on July 10`h, 1995, which will allow time for bidding and contract execution prior to the necessary construction start date of September, 1995. To meet this schedule, the following milestones shall be incorporated into the Consultant's Proposed Project Design and Schedule. February 13, 1995 ........................... ..........................Notice To Proceed March 20,1995 ............................. ............................50% Design Review May 1, 1995 ................................... ............................90% Design Review June 5, 1995 ..... ............................... ...........................100% Design Review June 26, 1995 .... ............................... ..........................Final Design Review RFP -3 • • Professional Engineering Services (Reach No. 4) 36 -inch Water Transmission Main Request for Proposals Scope of Services (Cont.) The Consultant is responsible for addressing all plan review comments at each of the formal submittals and throughout the plan preparation process. The City anticipates a period of one (1) week of plan review for each submittal. The City will require review meetings at each of the submittals described above. The Consultant will assign a responsible representative and an alternate to perform the assigned tasks. Both will be identified in the proposal. The Consultant's representative will remain in responsible charge of all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative will become the primary representative. Any other 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 a breach of contract. 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 for every alternative. The Consultant shall also submit a "not -to- exceed" total fee for the project, which shall include 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 by June 26, 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. 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 complete applications required from the City or other governing agencies, including the City of Costa Mesa. RFP -4 • • Professional Engineering services (Reach No. 4) 36 -inch Water Transmission Main Additional Responsibilities (Cont.) Request for Proposals 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 contractor's general conformance to plans and specifications. This does not mean 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 construction period, if changes occur which require revisions to the plans and /or special provisions, Consultant is expected to modify the project plans and /or prepare addenda to the specifications if such changes are deemed necessary by the City. The Consultant shall include in his proposal a fee to prepare "as- built" drawings once the project construction has been completed. The project schedule and the liquidated damages will not apply to the construction monitoring, field change drafting or preparation of "as- built" drawings after construction has been completed. Language covering this matter will be made part of the Professional Services Agreement between the City and the Consultant. The 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 City will provide Reproduction Services for the Project. The Consultant shall not be compensated for use of office 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 an hourly rate based on the "Fee Schedule ". City's Responsibilities The City will provide the following to assist Consultant with the Project and its completion: Plans and drawings, as are available and appurtenant to the proposed project. 2. Assist in coordination with governing agencies. 3. Aerial Topography in digital format (floppy disk). RFP -5 Professional Engineering Services (Reach No. 4) 36 -inch Water Transmission Main Request for Proposals City's Responsibilities(Cont.) 4. Aerial topographic survey records in digital format and easement information as are available and appurtenant to the project. 5. Design criteria, hydraulic data and other technical information, as are available and appurtenant to the project. 6. Blueprinting, CADD plotting, photocopying and other services through the City's reproduction company. The Consultant will be required to coordinate reproduction requests with the City's Project Manager. F N 0 RFP -6 0 Groundwater Development Project Professional Engineering Services 36 -inch Water Transmission Main (Reach No. 4) PROPOSAL CONTENT AKM Consulting ASL Consulting Daniel Boyle Civiltec Engineers Engineers Engineering Engineering Weights Related Project Experience 4.5 4.5 4.0 3.0 25.00% Project Staff Assigned & Team Expertise 5.0 5.0 4.0 3.0 25.00% Grasp of Project Requirements 5.0 4.5 4.0 3.0 10.00% Approach to Project Management 4.0 4.0 5.0 2.5 10.00% Proposal Preparation & Responsiveness 4.0 4.0 3.5 2.0 20.00% Proposed labor Breakdown 4.0 2.0 4.5 3.0 10.00% Fee &Costs $84,156 $111.500 $94,654 $83.114 Average Labor Cost $76.11 $73.81 $69.70 $60.04 Total Weighted Score 4.48 4.23 4.05 2.75 Rankings: 1 - Fair 2 - Average 3 - Good 4 - Very Good 5 - Excellent 1\Ex.4,61T 6I I Groundwater Development Project Professional Engineering Services 36 -inch Water Transmission Main - Reach No. 4 Evaluation Criteria Selection Matrix Discussion Summary: Proposals were received from four (4) firms that were requested to submit proposals for the subject project. These firms were selected based on previously submitted "Statements of Qualifications ". The four (4) firms which submitted proposals are listed below: 1. AKM Consulting Engineers (AKM) 2. ASL Consulting Engineers, Inc. (ASL) 3. Daniel Boyle Engineering, Inc. (DBE) 4. Civiltec Engineering, Inc. ( Civiltec) 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, expertise and completeness relating to the discussion of their project design and project management approach. Based on a complete analysis of the written proposals, all four (4) proposing firms, AKM, ASL, DBE and Civiltec, were deemed capable of performing the work required for this project. After careful review, the selection committee recommends AKM be awarded the design contract. This recommendation is based on the quality of AKM's proposal with respect to their project approach and AKM's familiarity with the local conditions, their ability to provide effective coordination with other local agencies, their previous experience with similar projects, and their proposed design fee. In addition, AKM was retained as the design consultant for the Reach No. 1 project and is therefore, familiar with City staff and the City's requirements for design details and project coordination. Similarly, the City is familiar with AKM's team and their abilities to perform quality work. A ranking matrix is attached. The following paragraphs describe the rationale behind the ranking in each category. EXN,3i-F G 131�Q1 W 0 Project Understanding 0 Page 2 Groundwater Development Project 36 -Inch Water Transmission Main (Reach No. 4) 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. All four (4) consultants had a good understanding of the necessary scope of work required for the project. Understanding the scope of work will be a major factor in the consultant's ability to effectively manage and organize the required preliminary and final design tasks as well as the required construction services. Project Experience The proposing firms were ranked on recent project experience relative to installation of a large diameter water transmission pipelines. 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 the firm's efforts in Newport Beach and Costa Mesa. All four (4) of the proposing firms have bad significant previous experience with similar projects within the proximity of the proposed project. Project Team & Expertise 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 previous design experience with the City. AKM and ASL have recently completed the design of Reach Nos. 1 and 2 respectively. ASL is currently designing the Reach No. 3 pipeline. The latter two firms proposed the same personnel be assigned to the design teams that would be assigned to this project. Project Management Approach The importance associated with the coordination and management that is required to complete the various aspects of this project are vital for project success. It was considered mandatory that the successful firm provide a knowledgeable, experienced and competent project manager. MTX -2 Page 3 Groundwater Development Project 36 -inch Water Transmission Main (Reach No. 4) Consultant Matrix Criteria All four (4) firms indicated in their proposal a commitment to provide a proven project manager with direct, applicable, project management experience on design of similar projects. Proposal Preparation & Responsiveness During the proposal process, a City representative met with all four (4) firms to provide additional information regarding the Project and to discuss their proposed approach and resources to be provided for this project. It was during this time that City staff was able to ascertain the Consultants' understanding of the Project and the required design services. Based on the discussions conducted at these meetings and the resulting written proposals, the Consultants were ranked appropriately. Civiltec was somewhat unresponsive in their written preparation. ASL and DBE were responsive and made a diligent effort to indicate an understanding of the Project with City staff. However, AKM was the most responsive and their written proposal clearly reflected the specific design needs discussed at the proposal meetings and incorporated all of the elements sought in the City's "request for proposals ". Labor Costs & Fee Fees, as well as average labor costs, are an 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" fee 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 for the total effort related to the project. In this analysis, it appears two (2) firms, AKM and ASL would provide the most thorough pipeline design value for the proposed fee. 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