HomeMy WebLinkAboutC-3004(I) - Reach Nos. 1, 2, 3, 3a, 3b and 4 Pipeline Projects, Groundwater•
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May 28, 1996
CITY COUNCIL AGENDA
ITEM NO. 8
TO: MAYOR & MEMBERS OF THE CITY COUNCIL - -b A,7,
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
CONSTRUCTION MANAGEMENT SERVICES FOR PIPELINE REACHES
AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute an amendment to the original
Professional Services Agreement with ALBA Construction Management that
provides for added construction management services for the construction
of the pipeline reaches that remain to be completed for the Groundwater
Development Project for a not to exceed fee increase of $213,617.
DISCUSSION:
On February 27, 1995, the City Council approved a Professional Services
Agreement with the construction management firm listed above to provide construction
management services for all pipeline reaches associated with the Groundwater
Development Project. Reach Nos. 1, 2, 3, 3a, 3b and 4 extend through the Cities of
Huntington Beach, Fountain Valley, Costa Mesa and Newport Beach. This agreement
had anticipated that the required construction monitoring efforts would be complete by
February 1996 for a not -to- exceed fee of $377,400.
During the course of constructing pipeline reach Nos. 1, 2, 3 and 4,
several unforeseen field and institutional problems occurred which delayed the progress
of the Groundwater Development Project and extended the need for construction
management services longer than originally anticipated. Some of the major items that
have delayed the pipeline schedule are listed below:
The construction efforts within Fountain Valley (Reach No. 3) were delayed
because the required encroachment permit to do work in the street right -of-
way was tied to the well site agreement finally approved in February. The
pipeline construction effort in the street right -of -way was originally scheduled
to be done concurrently with the other portions of the Reach No. 3 project that
were constructed last fall.
Contractor delays due to: suppliers providing unacceptable materials to the
construction sites; unknown utility interference in Huntington Beach, Orange
County Sanitation District's Property, Costa Mesa and Newport Beach;
relocation of SCE facilities in Costa Mesa; additional paving requirements
beyond the original scope of work as required by Huntington Beach and
Costa Mesa; additional water main reconstruction as required by Fountain
Valley; removal of unsuitable soils material discovered during excavation of
trenches; and restaging of the work effort within the riparian habitat in the
West Newport Oil Company property.
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May 28, 1996 - Page 2
Amendment to Professional Services Agreement
with ALBA Construction Management
IIf Groundwater Development Project
f"RettCFt •
3. City delays due to: rephasing O N®. 4 to stage construction during the
summer near NevyRort Harbor High School, revising the valve vault structure
in 16th Street to lower costs, and acquisition of pipeline easement within the
Talbert Channel.
A summary of the current expenditures to date for each pipeline project is
shown in the table below.
1. Original proposal included man -hours and fees for construction management services for six contracts
2. Number of construction days have increased by 35 %.
3. Staff expects to recover the $106,237 for additional construction management services through
liquidated damages assessed to the Reach No. 2 contractor.
4. Reach No. 4 was separated into two construction contracts, as requested by City. A new agreement will
be requested at time of award of Reach No. 4, Phase 2
5. Additional construction management services requested by the City.
6. Reach Nos. 3a and 3b and Reach 4, Phase 2 will be deleted from this agreement. A separate
agreement will be requested for these efforts at the time of the award for pipeline construction.
Due to ALBA's familiarity with the contracts and prior coordination with the
Staffs of Fountain Valley and the Flood Control District, they were directed to provide
additional construction management services to monitor the contractor's efforts during
the well site improvements as well as the modifications to the existing Seawater line
within the Talbert Channel.
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Because of the additional work efforts, increased construction duration, and contractor's
delays, the funds originally estimated have been expended. This amendment will insure
that the pipeline reaches continue with the same construction management firm to
maintain continuity with affected agencies and utility companies impacted by this
project. This firm has provided high - quality inspection and management services for the •
project. ALBA Construction Management is available to continue work on the
Groundwater Development Project as requested by the Public Works Department.
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May 28, 1996 - Page 3
Amendment to Professional Services Agreement
with ALBA Construction Management
Groundwater Development Project
STATUS OF PIPELINE REACHES
The following is a project status of the various pipeline reaches for the
Groundwater Development Project:
a. Reach No. 1 - From the Santa Ana River, via 19th Street and Whitter Ave. in Costa
Mesa to the Utilities Yard was completed in February, 1996.
b. Reach No. 2 - From the Talbert Channel, via Hamilton Avenue, Bushard Street and
Banning Avenue in Huntington Beach to the Santa Ana River was completed in April,
1996. Final costs related to delays are being negotiated.
C. Reach No. 3 - From Slater Avenue within the Talbert Channel to the Seawater Line in
Fountain Valley and Huntington Beach will be completed by the end of July, 1996.
This pipeline reach also includes the retrofitting of the Seawater Line.
d. Reach No. 3a 8 3b - From the Talbert Channel, via Slater Avenue to the two (2) well
sites at Dolphin Avenue and Tamura School will be completed by the end of
December, 1996. This effort will be deleted from the current contract and a separate
agreement for construction management will be prepared at the time of award for the
pipeline construction.
e. Reach No. 4 - Phase I - From Irvine Avenue, via 15th Street to Kings Place was
completed in October, 1995.
f. Reach No. 4 - Phase II - From Monrovia Avenue, via 16th Street to Superior Avenue
and from 15th Street, via Kings Place and Cliff Drive to Dover Avenue will be
completed by January, 1997. A separate agreement will be prepared for this
construction management at the time of award for the pipeline construction.
The total construction contract amount for the various projects managed
by ALBA Construction Management is $6,940,000.
RECOMMENDATION:
The services will be performed under the same conditions as the original
Professional Services Agreement based on the existing fee schedule for a not -to-
exceed additional fee of $213,617. The total budget amendment requested includes the
$106,237 cost recovery from the Reach No. 2 contractor. The net cost increase to the
City for this additional work is $107,380.
Funds for these construction management services have been included in
the Water Enterprise Fund 1995/96 Capital Projects Account 7504- C5500094.
This firm has been providing construction management services to the
City that are critical to the successful completion of the Groundwater Development
Project. Staff recommends approval of the amendment to the professional services
agreement to insure and maintain the necessary level of construction management
during construction of project reaches.
Respectfully submitted,
W
P C WORKS DEPARTMENT
Don Webb, Director
Attachments: Project Location Map
By: '��4 I.
M chael J. Sin cori, P.E.
Utilities Engineer
tOCATIONMAP
GROUNDWATER DEVELOPMENT PROJECT
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AMENDMENT NO.1
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services
Groundwater Development Project
THIS AMENDMENT NO. 1 TO AGREEMENT, to the written agreement, dated
March 1, 1995, is made and entered into this 28th day of May, 1996, by and between
the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as
"CITY ") and ALBA Construction Management, a California corporation, (hereinafter
referred to as "CONSULTANT ") is made with reference to the following:
RECITALS:
A. On March 1, 1995, a Professional Services Agreement was entered into
by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'.
B. CITY and CONSULTANT mutually desire to amend the AGREEMENT to
provide for additional services not required in the AGREEMENT and an increase in
compensation.
NOW THEREFORE, the parties hereto agree as follows:
1. The maximum fee to be paid as compensation to CONSULTANT to cover
construction management services performed during the term of the AGREEMENT is
$377,380. The fee shall be increased by $213,617, to cover the cost of additional
services described in this AMENDMENT NO. 1.
effect.
2. The term of this AGREEMENT is not to extend past September 1, 1996.
3. The standard hourly rates established for AGREEMENT shall continue in
4. Consultant agrees to provide the following additional services:
a. Continued Meetings with City staff as necessary.
b. Continued and Additional Field Monitoring and Inspections for:
(1.) Reach 1
(2) Reach 2
(3.) Reach 3
(4.) Sea -Water Line
(5.) Phase 1, Well Site Improvements
C. Resident/Field Engineering services during construction.
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Amendment No. 1
Professional Services Agreement
ALBA Construction Management
5. Construction Management Services defined in original AGREEMENT to
provide field engineering and inspection services for Reach 4, Phase II and Reach 3a
and 3b shall be eliminated by execution of AMENDMENT NO. 1. These services shall
be provided for in a separate future agreement.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT
NO. 1 on the first date above written.
APPROVED AS TO FORM:
i
Ro in Clauson
Assistant City Attorney
ATTEST:
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City Clert
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City of Newport Beach,
a municipal corporation
—�JA J
John Hedges, Mayor
City
ALBA Construction Management,
a California corporation
ime Moreno, P.E., President
onsultant
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: March 2, 1995
(714) 644 -3005
SUBJECT: Contract No. C- 3004(I)
Description of Contract Reach Nos. 1 2 3 3a.3b & 4 Pipeline
Projects - Groundwater Development
Effective date of Contract March 1, 1995
Authorized by Minute Action, approved on February 27 1995
Contract with ALBA Construction Management Inc
Address 18002 Skypark Circle
Irvine CA 92714
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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TO: Mayor & Members of the City Council
FROM: Utilities Department
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February 27th, 1995
CITY COUNCIL AGENDA
ITEM NO. 10
SUBJECT: REACH Nos. 1,2,3,3a, 3b & 4 PIPELINE PROJECTS (C- 3004 -I)
PROFESSIONAL SERVICES AGREEMENT
CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
GROUNDWATER DEVELOPMENT PROJECT
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute a Professional
Services Agreement on behalf of the City, with ALBA
Construction Management, Inc. to provide construction
management services related to the six (6) pipeline construction
projects that are part of the Groundwater Development Project
for a fee not to exceed $377,380.
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 six miles of
large diameter pipeline. The construction of these pipelines has been split
into six (6) discrete pipeline project reaches.
This proposed professional services agreement will provide for
inspection and construction contract management for each of the six pipeline
segments. These pipeline segments will be constructed more or less
concurrently with each other and at the same time as the reservoir, pump
station and water wells are being constructed. The only way for the City to
accomplish this ambitious construction task is with the assistance of private
construction contract management and inspection service professionals.
In order to insure that the pipeline construction is properly done,
and to effectively administer the construction contracts, the City is proposing to
hire an engineering construction management firm to act as construction
manager and to coordinate the inspection and contract management services.
The construction manager will oversee the day to day construction activities
related to the pipeline construction and the various contractors performing the
work during the next 12 to 14 months. In this capacity, the construction
management firm will provide staff to: conduct and coordinate inspections; review
changed conditions; assist the City in negotiating change orders; orchestrate
weekly meetings; prepare all documentation for contract administration and
progress payments; and act as a liaison between the contractors and members of
the Public affected by any of their construction activities.
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February 27'°, 1995 - Page 2
Groundwater Development Project
Pipe Reach Nos. 1, 2, 3, 3a, 3b & 4
Construction Management Services
From a schedule standpoint, it is important to note that the
construction manager could be assisting the City in a number of tasks that
are currently under way. Some examples of these tasks include: setting up
communication and reporting procedures; preparing a number of tracking
forms and scheduling controls; helping the City respond to questions and
requests for clarifications during the bidding process; issuing bid addenda
where necessary; establishing shop - drawing review procedures; coordinating
pre - construction meetings and a number of other tasks. As such, it is
important to understand that the construction manager needs to be on board
as soon as possible to assist the City with the pipeline construction contracts.
The construction management consultant selection process was
conducted consistent with State Law and City policy. Details about the process
and the selection follow. Additional detail is provided in the attachments to this
staff report.
CONSTRUCTION MANAGEMENT SELECTION:
To initiate this phase of the project, staff implemented a
"qualifications -based selection" (QBS) process for the necessary professional
engineering design services. The QBS process was provided for by the Federal
Government in 1972 under Public Law No. 92 -582. This law, known as the
Brooks Architect- Engineering Act of 1972, specifically addressed the process of
selecting architects and engineers based on qualifications. This was done
recognizing that these services relate directly to project issues affecting public
health and safety, such as infrastructure and public water supplies.
In 1989, the Brooks Act was amended by the Federal Government
under Public Law No. 100 -656. California has enacted legislation to conform to
the revised Federal Law under SB -419, which was also enacted in 1989. This
bill amended the Government Code, Section 4526. As a result, California law
provides for a QBS process for any political subdivision or state or local agency
in California. In effect, this precludes "bidding" for professional engineering
services. Instead, it requires that consultant's be selected on criteria relating to
competence, experience, ability and qualifications. A key excerpt from Section
4526 of the State Government Code reads, "Notwithstanding ......... selection by a
State or local agency for professional services of private architectural, engineering,
land surveying, or construction project management firms shall be on the basis of
demonstrated competence and on the professional qualifications necessaryfor 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".
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February 27`x, 1995 - Page 3
Groundwater Development Project
Pipe Reach Nos. 1, 2, 3, 3a, 3b & 4
Construction Management Services
The four firms that were invited to propose were selected based
on their previously submitted statements of qualifications and experience. All
four firms submitted responses to the request for proposals. The firms were:
Harris & Associates, ALBA Construction Management, Inc., John Carollo
Engineers, Inc., and ASL Consulting Engineers.
The written proposals were reviewed by the Utilities Department
Selection Committee. The Committee was comprised of the Utilities Director,
an experienced registered professional engineer from an independent private
Civil Engineering firm (a firm not proposing on this project), the Deputy
Utilities Director, and an engineer from a second outside engineering firm who
is also a registered professional engineer. On the basis of a detailed ranking of
the various firms, the Selection Committee considered ALBA Construction
Management, Inc., as the most qualified firm to perform the required
construction management and professional services for the project. The
numerical ranking of the selection committee and criteria is attached as
Exhibit "B ".
A summary discussion of the detailed criteria used to evaluate
qualifications of the four engineering firms is also provided as an attachment
to this report. Refer to Exhibit "C ". The key areas of review were:
1. Proposal Content
2. Project Understanding
3. Project Experience
4. Project Team
5. Project Management
6. Project Schedule
7. Labor Costs
The most highly qualified firm for this project was selected based on
the listed criteria and their abilities demonstrated on other similar projects in
the past. The firm of ALBA Construction Management, Inc., has a team of well
qualified, technical professionals and construction project managers and
inspectors who have extensive experience with similar water transmission
pipelines and other large water supply facility construction. They have pipeline
and construction management experience with projects in Southern California
and throughout the southwestern United States. As a result, the selection
committee and staff believe that the consultant's team will be able to best
provide high quality, cost - effective, timely, professional construction
management services and will coordinate efficiently with the City, the City's
numerous contractors and other consultants and inspectors working on the
interrelated phases of the Groundwater Development Project.
The proposed Professional Services Agreement with ALBA
Construction Management, Inc., provides for a comprehensive set of professional
level tasks to administer and inspect the pipeline projects. All of the tasks
required are to be performed on the basis of an approved Fee Schedule at an
hourly rate, included in the Agreement. The Agreement provides a total "not -to-
exceed" fee amount of $377,380. The specific work tasks and responsibilities are
further enumerated and are detailed in the Agreement, which is attached as
Exhibit "D ".
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February 2r, 1995 - Page 4
Groundwater Development Project
Pipe Reach Nos. 1, 2, 3, 3a, 3b & 4
Construction Management Services
If approved, the construction management consultant will be brought
on board immediately to handle tasks related to the implementation of the Reach
No. 2 Pipeline contract that was awarded for construction by the Council on
February 13'", 1995. Other immediate tasks for the construction manager will
include assisting the City in the pre -order of pipeline materials for the Reach No.
3 Pipeline contract, and providing assistance with the Reach No. 1 Pipeline
contract which should be out to bid by the time they come on board. Immediate
assistance for the Reach No. 1 Pipeline contract will include tracking plan
holders, logging and preparing requests for clarification, and if needed, preparing
and distributing bid addenda.
Construction on the first of the six pipeline project reaches is about
to begin March 1995. Construction of the other pipeline reaches will continue
over the next 12 to 14 months. The Professional Services Agreement requires
the project management consultant to provide services for the duration of the
construction period.
RECOMMENDED ACTION:
Approval of the construction management services contract is
recommended. Taking this action now is also important and to allow the City to
keep the Groundwater Project construction program on its scheduled track.
Funds are available for the construction management contract in
the Water Fund under Capital Projects Account No. 7504 P 500 094 A.
Staff recommends approval.
Respectfully submitted,
--SGFF SrAr4eAAr
Jeff Staneart, P.E.
Utilities Director
Is:sdl
EXHIBITS: "A ": Request for Proposals
"B ": Proposal Evaluation Matrix
"C": Proposal Matrix Criteria
"D ": Professional Services Agreement
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�oQ PPOp(DtAl
CONSTRUCTION MANAGEMENT SERVICES
FOR
WATER TRANSMISSION PIPELINE CONSTRUCTION CONTRACTS
(REACH Nos. 1, 2, 3, 3A, 3B & 4)
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 11,500 gallon per minute pump station.
The portion of the Groundwater Development Project your firm is being asked to propose
on requires on -site construction management services for installation of six (6) separate
36 -inch and 24 -inch water transmission mains identified as Reach No. 1, 2, 3, 3A, 3B & 4.
Reach No. 1 involves installation of approximately 7,800 linear feet of new 36 -inch water
transmission main, a 30 -inch valve vault, approximately 1,200 linear feet 16 -inch water
main and connection to existing water mains and appurtenances. The Reach No.1
pipeline runs from the terminus of an existing 30 -inch water main on the east side of the
Santa Ana River at the prolongation of 191h Street, thence easterly to 19h Street and
Whittier Avenue, thence southerly on Whittier Avenue and across property owned by
West Newport Oil Company to its terminus at the westerly end of 161h Street near the
City's Utilities Yard. This pipeline will be located within the jurisdictional boundaries of
the Cities of Newport Beach and Costa Mesa and the County of Orange (See Exhibit "A ").
Reach No. 2 involves installation of approximately 6,700 linear feet of new 36 -inch water
transmission main, a 30 -inch valve vault and connections to existing water mains and
appurtenances. Reach No. 2 pipeline runs westerly and then northerly from the terminus
of an existing 30 -inch water main on the west side of the Santa Ana River, the first portion
of the transmission main crosses the County Sanitation Districts of Orange County, Plant
No. 2 near the prolongation of Banning Avenue, it continues westerly on Banning Avenue,
thence northerly on Bushard Street and thence westerly on Hamilton Avenue. The Reach
No. 2 pipeline connects to another existing water main at the intersection of Hamilton
Avenue and the Talbert Flood Control Channel. The existing pipeline at the northerly end
of the project is referred to as the "Seawater Line ". This pipeline will be located within the
jurisdictional boundaries of the City of Huntington Beach, County Sanitation Districts of
Orange County and the County of Orange (See Exhibit "A ").
Reach No. 3 involves installation of approximately 9,400 linear feet of new 36 -inch water
transmission main, a 30 -inch valve vault and connections to existing water mains and
appurtenances. The Reach No. 3 pipeline begins with a connection to the "Seawater Line"
with a water valve vault on the easterly side of the Talbert Flood Control Channel, 1,400 feet
northerly of Yorktown Avenue. At this location the transmission main crosses the Talbert
Flood Control Channel and continues northerly within the Talbert Flood Control Channel
right -of -way to the intersection of Slater Avenue and the Talbert Flood Control Channel.
This pipeline will be located within the jurisdictional boundaries of the Cities of Huntington
Beach and Fountain Valley and the County of Orange (See Exhibit "A ").
0 • Pabe 2
Water Transmission Main (Reach Nos. 1, 2, 3, 3A, 3B & 4)
Construction Management Services
Request for Proposal
Description and Location of Project (Cont.)
Reach No. 3A involves installation of approximately 1,700 linear feet of new 24 -inch
water transmission main, 24 -inch valve vault and connections to an existing water
main and appurtenances. Reach No. 3A pipeline begins with a connection to Reach
No. 3 at the intersection of Slater Avenue and the Talbert Flood Control Channel,
thence proceeds westerly in Slater Avenue to Magnolia Street, thence northerly to the
First American Baptist Church where it will connect to the water main from one of the
two City of Newport Beach groundwater well sites. This pipeline will be located
within the City of Fountain Valley (See Exhibit "A ").
Reach No. 3B involves installation of approximately 2,000 linear feet of new 24 -inch
water transmission main, 24 -inch valve vault and connections to an existing water
main and appurtenances. Reach No. 3B pipeline begins with a connection to Reach
No. 3 at the intersection of Slater Avenue and the Talbert Flood Control Channel,
thence proceeds easterly in Slater Avenue to the intersection of Dolphin Avenue and
Slater Avenue and connects to the water main from the second groundwater well site.
This pipeline will be located within the City of Fountain Valley (See Exhibit "A ").
Reach No. 4 involves installation of new 36 -inch and 16 -inch water transmission mains,
five (5) pressure reducing stations, 30 -inch and 24 -inch valve vaults, connections to
existing water mains and appurtenances. This pipeline will be located within the Cities of
Newport Beach and Costa Mesa. Reach No. 4 is divided into four area for installation of
pipelines and pressure reducing stations as shown on Exhibit "B" and as described below:
Area 1 Installation of a new 36 -inch water transmission main within 16th Street from
the intersection of Monrovia Avenue to Superior Avenue, redesign of the
interconnection between the City of Newport Beach and Mesa Consolidated
Water District and the installation two (2) new pressure reducing stations, one
at Monrovia Avenue and the second at 16th Street and Superior Avenue and
16th Street.
Area 2 Installation of a new pressure reducing station in 15th Street between Santa Ana
Avenue and San Bernardino Avenue.
Area 3 Installation of a new pressure reducing station in Irvine Avenue at 15th Street and
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 in Cliff Drive from Kings Place to Dover Drive,
installation of new 30 -inch and 24 -inch valve vaults, and installation of a new
pressure reducing station in Dover Drive, northerly of Cliff Drive.
Scope of Services
The consultant shall be responsible for complete construction management services
relative to the construction of the previously described water transmissions mains.
The consultant shall provide a project manager to oversee the project and an on -site
engineer at the jobsites throughout project construction. The City anticipates the
following construction schedule for the six (6) projects:
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Scope of Services (cont.)
Project Component
Reach No. 1
Reach No. 2
Reach No. 3
Reach No. 3A
Reach No. 3B
Reach No.4
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Page 3
Water Transmission Main (Reach Nos. 1, 2,3,3A 3B & 4)
Construction Management Services
Request for Proposal
Begin Construction
March, 1995
February,1995
June, 1995
September, 1995
December, 1995
September, 1995
End Construction
September, 1995
August, 1995
October, 1995
December, 1995
February, 1996
February,1996
The City is anticipating that all six projects will take twelve (12) months to complete. For
the purpose of this proposal, the consultant shall provide a 'hot -to- exceed" fee based on a
twelve (12) month construction schedule.
The minimum scope of work and primary tasks required for this proposal are as follows:
I. PRECONSTRUCTION SERVICES
A. Work with City staff prior to construction to prepare a construction
procedures manual. This manual shall include the following:
1. Identify key individuals and lines of communication with the Cities of
Newport Beach, Costa Mesa, Huntington Beach and Fountain Valley, the
County of Orange, County Sanitation Districts of Orange County, Mesa
Consolidated Water District and West Newport Oil Company.
2. Determine communication devices and procedures.
3. Establish general reporting procedures.
4. Establish construction reporting procedures, including field clarifications,
change orders and shop drawing reviews.
5. Establish field office security and backup procedures.
6. Develop progress reports and payment request procedures.
7. Develop a master schedule and establish updating procedures.
8. Establish document control procedures.
9. Establish a permit tracking system.
10. Establish a program to monitor coordination with adjacent and appurtenant projects.
11. Establish project close -out procedures.
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Page 4
Water Transmission Main (Reach Nos. 1, 2, 3, 3A, 3B & 4)
Construction Management services
Request for Proposal
Scope of Services (cont.)
B. Startup Field Office
The City will provide a field office at the City's Utilities Yard. Office
furniture and equipment necessary for this project will be provided by the
Construction Manager.
C. Establish Computer Based Communications
The City will require the Construction Manager to have full access to a Macintosh
computer that is tied to the City's computer network. The Construction Manager
shall provide the computer and printer as part of the project and shall return it to
the City after completion of the project in good working condition. The computer
shall be an Apple Macintosh Power PC, Model 7100 and shall be provided with a
250 Mb hard disk, a minimum of 16 Mb of RAM, an extended keyboard and a
17 -inch Apple color monitor. The printer shall be an Apple Macintosh Laserwriter
Pro Model 630. City forces will make the network connection, verify proper
operation and train staff on the basics of operation and provide copies of reference
manuals for all software to be utilized. The City shall be responsible for licensing
all software accessed upon the network. In coordination with the City, the
Construction Manager will determine any additional software necessary during
the construction management contract.
D. Pre -Bid Meeting
1. Work with City's project manager to coordinate, schedule and assist
with all pre -bid meetings.
2. Work with City's project manager to coordinate any Contractor
questions and issuing of any bid addenda for all projects, including but
not limited to answer phone inquiries, reviewing request for
information and consulting with design engineers.
E. Pre- Construction Meeting
Work with City's project manager to coordinate, schedule and conduct all
pre - construction meetings.
II. CONSTRUCTION SERVICES
A. Establish and implement a continuous program to monitor construction
activities, including the following:
1. Provide daily updated reports to the Utilities Director.
2. Log and track all shop drawing submittals with respect to the City, the
design consultants and contractors.
Page 5
Water Transmission Main (Reach Nos. 1, 2, 3, 3A, 3B ale
Construction Management services
Request for Proposal
Scope of Services (cont.)
3. Observe all construction and coordinate observation of specialty
construction, including, but not limited to the following anticipated
specialties: steel or ductile iron piping, welding, jacking and boring, valve
vault installation, connection to existing water mains, cathodic protection,
blow off manholes, air release and vacuum assemblies, trenching, street
resurfacing, disinfection and appurtenant work.
4. Observe all major materials delivered to the job sites to assure they are
in accord with the specifications and approved shop drawings.
5. Coordinate testing of all materials in accord with the specifications.
6. Document construction progress by preparing a daily record of
construction, daily construction reports and taking 35mm photographs at
significant times during construction. Pictures shall be labeled as to date,
location and specific task photographed.
7. Conduct project progress meetings as necessary, including scheduling
and documenting meetings with the Contractor, City of Newport
Beach staff, all judicial agencies and the design engineers.
8. Coordinate construction survey, Contractor's survey requests and
track and schedule construction surveying. Monitor staking provided
to Contractor and notify Contractor of financial responsibility for
restaking generated by the Contractor.
9. Coordinate with adjacent construction activities, including attending
coordination meetings with City, design engineers and other contractors
as they relate to the 16th Street Reservoir and Pump Station and other
projects within the limits of the pipeline reaches.
10. Coordination with the Cities of Newport Beach, Costa Mesa, Huntington
Beach and Fountain Valley and County of Orange inspection staff, coordinate
Contractor's inspection requests, track, schedule and monitor all inspections.
11. Coordination of specialty inspectors, Contractor's inspection requests,
track, schedule and monitor all inspections.
12. Coordinate soils compaction testing, Contractor's compaction test
requests, track, schedule and monitor soils compaction results. Monitor
soils testing provided to Contractor and notify Contractor in writing of
requests for any retesting which will be the Contractor's financial
responsibility.
13. Administer and track all "Requests for Field Clarification ", "Change in
Conditions" and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractor's notification of Change in
Conditions" and "Contractor's requests for Change Orders ", provide
appropriate response and /or recommendations to and from the City,
consult with the design engineers on all technical matters and arrange for
and participate in negotiations between the City and the Contractor.
Scope of Services (cont.)
67
Page 6
Water Transmission Main (Reach Nos. 1, 2, 3, 3A, 38 & 4)
Construction Management Services
Request for Proposal
14. Monitor permits under which the City has responsibility, monitor the
expiration dates and make application for extensions when appropriate.
Monitor the Contractor's general compliance and advise the Contractor
when non - compliance is observed.
15. Update and analyze the master construction schedule each week, update
the master construction schedule with the previous week's progress and
the Contractor's anticipated projected work. Analyze actual versus
anticipated progress, milestone dates and final completion. Make
recommendations as necessary and advise the City of changes.
16. Process monthly progress pay estimates, including review of the Contractor's
work progress with a City representative on the Contractor's pay requests;
review for accuracy and compare with actual work completed; make
appropriate recommendations to the City on payment issues and provide a
summary report of work performed during each pay period.
17. Provide document control, including processing and filing all project
correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
18. Monitor Contractor's safety program by observing the implementation
of the Contractor's safety program and report any deviations from the
program. (This action will not relieve the Contractor of sole
responsibility for job site safety.) The Construction Manager shall not
assume, and the City shall not require, that the Construction Manager
bear any responsibility or liability for safety of anyone other than their
own employees. The Construction Manager will not be required to
work in or inspect any of the Contractors' work in unsafe working
conditions. Only the City will have the authority to issue "Stop Work
Orders" to Contractors.
19. Observe general site conditions and notify the Contractor when excess
materials, etc., must be disposed of and when general site clean up is
required at each of the pipeline reaches.
III. DISINFECTION AND TESTING
A. Establish and implement a program continuously to monitor disinfection
and testing activities, including the following:
1. Review the Contractor's proposed disinfection and testing procedure for all
pipelines; analyze procedures with City staff and design engineers; assist
Contractor with any approved modifications to the procedures, meeting all
requirements of the Standard Special Provisions.
2. Observe and document sweeping, cleaning and swabbing of the pipeline
interiors and other appurtenances.
Scope of Services (cont.)
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Page 7
Water Transmission Main (Reach Nos. 1, 2, 3, 3A, 3B & 4)
Construction Management Services
Request for Proposal
3. Observe and document pressure testing of the pipeline and
appurtenances with City personnel in accord with the specifications and
approved testing sequence.
4. Observe and document disinfection of all the pipelines in accord with
the specifications.
5. Observe and document testing of all cathodic protection stations in
accord with the Contractor's proposed sequence.
W. PROJECT CLOSE OUT
A. Coordinate with City staff, the administrating agency, design consultants and
Contractor to prepare project close -out, as follows:
1. Determine that all testing has been successfully completed and all
construction is complete and satisfactory.
2. Prepare preliminary punch list of deficiencies.
3. Observe Contractor's successful completion of all work required by the
preliminary punch list.
4. Prepare final punch list of deficiencies.
5. Observe Contractor's successful completion of all work required by final punch
list. Repeat steps 1 through 5 until all items are complete.
6. Construction Manager shall maintain a record of all changes made during
construction, and periodically (at least monthly) review Contractor's records to
assure Contractor is keeping a record of changes in accord with the specifications.
7. Obtain Contractor's records of changes during construction (as- builts).
8. Coordinate the production of record drawings with the design
consultants. Review completed record drawings and make
recommendations to the City on acceptance.
9. Obtain from the Contractor any written documents required by the
Contract for project close -out.
10. Prepare recommendations to the City for preparation of the "Notice of
Completion ".
11. Deliver all project records to the City in accord with the Procedures
Manual at the end of the project.
12. Remove all equipment and items belonging to Construction Manager
from the field office.
Additional Responsibilities
Page 8
water Transmission Main (Reach Nos. 1, 2, 3, 3A, 36 & 4)
Construction Management Services
Request for Proposal
The consultant's proposal shall include a detailed list itemizing the tasks
described above to complete the scope of work outlined herein. Each task shall
include a detailed estimate of person -hours required for completion.
The consultant shall assign responsible project representatives (Project Manager
and On -site Engineer) and alternates, who shall both be identified in the
proposal. The consultant's representative will be responsible for the consultant's
duties from contract negotiations through project completion. If the consultant's
primary representative should be unable to continue with the project, then the
consultant's alternate representative shall become the primary representative.
Any changes in responsible representation must be approved, in advance by the
City. The City will have the right to reject other proposed changes in personnel,
and may consider any other changes in responsible personnel as a breach of
contract and cause for termination.
The consultant shall provide a "Fee Schedule" outlining all applicable hourly
rates and costs for services. The proposal shall provide a breakdown of fees
associated with each project task. Most importantly, the consultant shall submit
a total fee, with a "not -to- exceed" total, which shall include and incorporate all
work necessary to complete the project.
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 insured" on all
required policies.
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 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".
0
City's Responsibilities
0
Pa gge 9
Water Transmission Main (Reach Nos. 1, 2, 3, 3A, 3B & 4)
Construction Management services
Request for Proposal
The City will provide the following to assist the consultant with the project and its
completion:
1. Plans, drawings, specifications and cost estimates as are available and
appurtenant to the six (6) water transmission mains.
2. Survey information, as may be available and appurtenant to the six (6) water
transmission mains.
3. Design criteria, hydraulic data and other technical information, as may be
available and appurtenant to the six (6) water transmission mains.
4. The City will provide blueprinting, CADD plotting, large orders of
photocopying and other services through the City's reproduction company.
Construction Manager must obtain approval by City prior to any
reproduction.
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PROFESSIONAL ENGINEERING DESIGN SERVICES
CONSTRUCTION MANAGEMENT FOR WATER TRANSMISSION PIPELINE CONSTRUCTION
REACH NOS. 1, 2, 3, 3A, 311 & 4
Selection Matrix
ASL ALBA JCE H & A Weights
Related Project
Experience
4.00
4.00
3.75
4.75
Project Staff
Assigned
4.00
4.25
3.50
4.00
Grasp of the
Project
Requirements
4.50
4.75
4.00
4.25
Approach to
Project Management
4.25
4.75
3.75
4.00
Proposed Project
Schedule
3.75
4.00
3.75
3.75
Proposed Labor
Breakdown
4.25
4.00
3.25
3.50
Total Fee ($)
374,100
377,380
475,759
450,900
Average labor
Cost ($ /Hr.)
71.43
73.25
75.14
63.33
Total Weighted
4.10
4.29
3.66
4.14
Score
Rankings:
1 - Fair
2 - Average
3 - Good
4 - Very Good
5 - Excellent
25.00%
25.00%
10.00%
20.00%
10.00%
10.00%
Groundwater Deyebprnent Project
CONSTRUCTION MANAGEMENT SERVICES
WATER TRANSMISSION PIPELINE REACHES NOS. 1, 2,3.3A. 38 & 4
Evaluation Criteria
Selection Matrix Discussion
Summary:
Request for Proposals were sent to four (4) firms and four (4) were received
from firms for the subject project. These firms were selected based on
previously submitted "Statements of Qualifications ". The four (4) firms
which were sent requests for proposals are listed below:
1. ASL Consulting Engineers (ASL)
2. ALBA Construction Management (ALBA)
3. Harris & Associates (H & A)
4. John Carollo Engineers (JCE)
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 management
approach.
Based on a complete analysis of the written proposals, all four (4) proposing
firms, ASL, ALBA H & A and JCE were deemed most capable to perform work
required by this project.
After careful review by the selection committee and additional information
that was requested, the selection committee recommends that ALBA be
awarded the construction management services contract. This
recommendation is based on the quality of ALBA 's proposal with respect to
their project approach for installation of the water transmission main,
ALBA's familiarity with the local conditions, coordination with local
agencies, previous experience with similar projects and proposed fee. In
addition, ALBKs team members were also involved in the design of Reach
No. 1 and Reach No. 4 projects and are familiar with City staff.
A ranking matrix is attached. The following paragraphs describe the
rationale behind each ranking in each category.
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Project Understanding
0
Page 2
Groundwater Development Project
Reaches 1, 2, 3. 3A, 3B & 4
Construction Management Services
Consultant Selection Matrix Criteria
It is imperative that the full scope and extent of the work is clearly
identified and understood by the consultant in their written proposals.
During the proposal process, all four (4) firms meet with City staff to
discuss the project. They brought members of their proposed project team
to meet with members of the Utilities Department staff and /or the
selection committee.
All four (4) firms demonstrated a reasonable understanding of the project
scope. However, two (2) of the firms demonstrated a more complete
understanding. They were: ALBA and H & A.
These two (2) consultants had a good understanding of the necessary
scope of work required for the project. The scope of work will be a major
part of the construction management, this factor is important to the
consultant's ability to effectively manage the required tasks within the
parameters of the schedule.
Project Experience
The proposing firms were ranked on recent project experience relative to
previous construction management services. Local experience with similar
projects was a large element in determining the ability of the consultant.
More weight was given to firms who had Orange County experience and
with a greater emphasis on Newport Beach experience.
Of the four (4) proposing firms, ALBA and ASL appeared to have the most
experience in construction management for pipelines. JCE and H & A, also
had significant experience with similar projects.
Project Team
The project staff and their respective qualifications are a key qualification
requisite for this project. The work experience of the individual
professional staff members is vital to the success and efficiency of the effort
to provide a successfully managed construction project. Given the complex
nature of this project, the experience and capability of the project team
affects the other key areas, such as ability of the firm to meet the required
tasks and to provide efficient coordination with City staff, contractors,
other local agencies and the public.
JCE, ASL and H & A had key team members assigned to the project.
However, ALBA had the strongest project team proposed.
Project Management
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Page 3
Groundwater Development Project
Reaches 1, 2, 3, 3A, 313 & 4
Construction Management Services
Consultant Selection Matrix Criteria
The magnitude of the coordination and management that is required for
the various aspects of this project is deemed to be important for a
successful project. It is mandatory that the successful firm provide a
knowledgeable project manager.
H & A and ASL provided proven project managers for construction
management services. ALBA proposed the strongest project manager with
direct applicable and successful project management experience.
Responsiveness During Proposal Preparation
During the proposal process, City staff met with all four (4) firms to provide
additional information regarding the Project. It was during this time that
City staff was able to ascertain the Consultants' understanding of the
Project and the required construction management services.
Based on the comments received at these meetings and the resulting
proposal, the Consultants were ranked appropriately. ASL and H & A were
responsive and made diligent effort to understanding the Project with City
staff. However, ALBA was the most responsive and their proposal reflected
clearly the specific construction management needs discussed at the
proposal meetings.
Labor Costs
Fees, as well as average labor costs are a vital indicator in the evaluation
of the firms' 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 the two (2) firms who provided the most thorough
construction management services value were ALBA and H & A.
AGREEMENT
CONSTRUCTION MANAGEMENT SERVICES
FOR THE
WATER TRANSMISSION PIPELINE REACH NOS. 1, 2, 3, 3a, 3b& 4
AS PART OF THE
GROUNDWATER DEVELOPMENT PROJECT
IS AGREEMENT is made and entered into this day of
1995, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and ALBA Construction Management, Inc., a California
Corporation, hereinafter referred to as "CONSULTANT"
WITHESSETli:
WHEREAS, "CITY" is planning to implement a municipal groundwater pumping
and distribution system with water facilities to deliver potable water to its customers, and;
WHEREAS, "CITY" must construct approximately six (6) miles of 36 -inch Water
Transmission Pipeline, under six (6) distinct and separate pipeline reaches, identified as
Reach Nos. 1, 2, 3, 3a, 3b & 4, hereinafter collectively referred to as "PROJECT ", and;
WHEREAS, "CITY" requires construction management services to successfully
implement the "PROJECT ", and;
WHEREAS, "CITY ", as part of the construction management for "PROJECT ", desires
a project manager and an on -site engineer to oversee construction, administer the
construction contracts and verify the various contractors' compliance with the plans and
specifications, and;
WHEREAS, implementation of "PROJECT" requires the services of a qualified
professional engineering & construction management firm, experienced in construction
and contract administration, and;
WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" to
provide construction management, and certain other essential professional services, as
outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required herein shall be performed
under their direct supervision, and all personnel engaged in the work shall be
fully qualified and authorized or permitted under State and local law to
perform such services.
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following professional services to "CITY"
A. "CONSULTANT" shall provide the necessary services to complete the defined
tasks associated with the "PROJECT ". Those tasks include the following:
1. Meetings with City staff.
a. "CONSULTANT" shall work with " CITY's" Project Manager to coordinate,
schedule and conduct pre- construction meetings.
b. "CONSULTANT" shall keep the "CITY'S" Project Manager apprised of the
progress being made by the " CITY's" contractors. Such appraisal shall be
made via telephone, in writing and via meetings as appropriate.
"CONSULTANT" shall meet with "CITY" staff on a weekly basis, and shall
coordinate, schedule and document weekly meetings with the "CITY'S"
contractors, "CITY ", judicial agencies as necessary and its design engineers
to discuss project progress and intended progress for the coming week.
2. Prepare a construction procedure's manual that shall include the following:
a. Key individuals and lines of communication with the Cities of Newport
Beach, Costa Mesa, Huntington Beach and Fountain Valley, the County of
Orange, County Sanitation Districts of Orange County, Mesa Consolidated
Water District and West Newport Oil Company.
0 0
b. Determine communication devices and procedures.
c. Establish general reporting procedures.
d. Establish construction reporting procedures, including field clarification's,
change orders and shop drawing reviews.
e. Establish field office security and backup procedures.
f. Develop progress reports and payment request procedures.
g. Develop a master schedule and establish update procedures.
h. Establish document control procedures.
i. Establish a permit tracking system.
j. Establish coordination with adjacent and appurtenant projects (contractors
and design consultants).
k. Establish project close -out procedures.
3. Field Office Set -up
a. "CONSULTANT" shall be responsible for making sure the field office is
set -up and properly equipped, as specified herein below.
(1.) Office trailer to be provided by "CITY ".
(2.) Office furniture and equipment to be provided by "CONSULTANT ".
(3.) "CONSULTANT" shall be responsible for the maintenance of the
construction office, and shall be held accountable and responsible for
any damaged or missing furniture or equipment.
b. Establish Computer Based Communications
(1.) "CONSULTANT" will utilize a Macintosh Computer tied to "CITY's"
network and shall provide the computer to "CITY" at the completion of
the "CONSULTANT'S" obligations under this agreement.
(2.) "CONSULTANT" will determine any additional software necessary
for use during "PROJECT ".
4. Construction Services
a. Provide daily updated reports to the Utilities Director.
b. Log and track all shop drawing submittals with respect to "CITY ", design
consultants and contractor.
c. Observe all construction and coordinate observation of specialty construction,
including, but not limited to include: steel or ductile iron piping, welding,
jacking and boring, valve vault installation, connection to existing water
mains, cathodic protection, blow off manholes, air release and vacuum
assemblies, trenching, street resurfacing, disinfection and appurtenant work.
0
d. Observe all major material deliveries to the site to assure they are in accord
with the specifications and approved shop drawings.
e. Coordinate testing of all materials in accord with the specifications.
f. Document construction progress, by preparing a daily record of construction,
daily construction reports and taking 35 mm photographs at significant times
during construction. Pictures shall be labeled as to date, location and specific
task photographed. In addition, video taping of the existing sites prior to
construction and providing the original tape to the "CITY ".
g. Conduct progress meetings as necessary, including scheduling and
documenting meetings with the Contractor, "CITY" staff, all judicial
agencies and the design engineers.
h. Coordinate construction survey, Contractor's survey requests, track and
schedule construction surveying. Monitor survey provided to Contractor
and notify Contractor in writing of requests for restaking which will be
the Contractor's financial responsibility.
i. Coordinate with adjacent construction activities, including attending
coordination meetings with "CITY ", design engineers and other contractors
as they relate to the 16th Street Reservoir and Pump Station and other
projects within the limits of the "PROJECT ".
Coordination with the Cities of Newport Beach, Costa Mesa, Huntington
Beach and Fountain Valley, County of Orange and CSDOC inspection
staff, coordinate Contractor's inspection requests, track, schedule and
monitor all inspections.
k. Coordination of specialty inspectors, Contractors inspection requests, track,
schedule and monitor all inspections.
1. Coordinate soils compaction testing, Contractor's compaction test requests
and track, schedule and monitor soils compaction results. Monitor soils
testing provided to Contractor and notify Contractor in writing of requests
for any retesting which will be the Contractor's financial responsibility.
m. Administer and track all "Requests for Field Clarification ", "Change in
Conditions' and "Change Orders ", including receiving "Contractor's
requests for Clarification ", "Contractors Notification of Change in
Conditions" and "Contractor's requests for Change Orders ". Provide
appropriate responses and /or recommendations to and from "CITY ".
Consult with design engineers on all technical matters and arrange for and
participate in negotiations between "CITY" and Contractors.
n. Monitor permits under which "CITY" has responsibility, monitor the
expiration dates and make application for extensions when appropriate.
Monitor the Contractor's general compliance and advise the Contractor
when non - compliance is observed.
• •
o. Update and analyze the master construction schedule each week, update the
master construction schedule with the previous week's progress and the
Contractor's anticipated projected work for all the pipeline reaches. Analyze
actual verses anticipated progress, milestone dates and final completion.
Make recommendations as necessary and advise "CITY" of changes.
p. Process monthly pay estimates, including review of the Contractor's work
progress with "CITY" representative on the Contractor's pay requests;
review for accuracy and compare with actual work completed; make
appropriate recommendations to the "CITY" on payment issues and
provide a summary report of work performed during each pay period.
q. Provide document control, including processing and filing all project
correspondence and documents, drawings, etc., in accord with the
Procedures Manual.
Observe the implementation of the Contractor's safety program and report
any deviations from the written program. (This action will not relieve
Contractor of sole responsibility for job site safety.) "CONSULTANT" shall
not assume, and the "CITY" shall not require, that "CONSULTANT" bear
any responsibility or liability for safety of anyone other than their own
employees. "CONSULTANT" will not be required to work in or inspect any
of the Contractor's work in unsafe working conditions. Only "CITY" will
have the authority to issue "Stop Work Orders" to Contractors.
s. Observe general site conditions and notify Contractor when excess
materials, etc., must be disposed of and when general site clean up is
required at each of the pipeline reaches.
5. Disinfection and Testing
a. Establish and implement a continuous program to monitor disinfection and
testing activities, including the following:
(1.) Review the Contractor's proposed disinfection and testing procedure for
all pipelines; analyze procedures with "CITY" staff and design engineers;
assist Contractor with any approved modifications to the procedures,
meeting all requirements of the Standard Special Provisions.
(Z.) Observe and document sweeping, cleaning and swabbing of the
pipeline interiors and other appurtenances.
(3.) Observe and document pressure testing of the pipelines and
appurtenances with "CITY" personnel in accord with the specifications
and the approved testing sequence.
(4.) Observe and document disinfection of all pipelines in accord with the
specifications.
(5.) Observe and document testing of all cathodic protection stations in
accord with the Contractor's proposed sequence.
9
6. Project Close Out
a. Coordinate with "CITY" staff, design consultants and Contractor to
prepare project close -out, as follows:
(1.) Determine that all testing has been successfully completed and that
all construction is complete and satisfactory.
(2.) Prepare preliminary punch list of deficiencies.
(3.) Observe Contractor's successful completion of all work required by
preliminary punch list.
(4.) Prepare final punch list of deficiencies.
(5.) Observe Contractor's successful completion of all work required by
final punch list. Repeat Steps No. 1 through No. 5 until all items are
complete.
(6.) Construction Manager shall maintain a record of all changes made
during construction, and periodically (at least monthly) review
Contractor's records to assure Contractor keeps a record of changes
in accord with the specifications.
(7.) Obtain Contractor's records of changes during construction (as- builts).
(8.) Coordinate the production of record drawings with design
consultants. Review completed record drawings and make
recommendations to the "CITY" on acceptance.
(9.) Oversee preparation and delivery of O & M Manuals. Receive
required information from Contractor and forward to design
consultants. Review completed O & M Manuals and make
recommendations to "CITY" on acceptance.
(10.) Witness and document delivery of all spare parts and similar items
from the Contractor to "CITY" as required by the Contract Documents.
(11.) Obtain from the Contractor any written documents required by the
Contract for project close -out.
(12.) Prepare recommendations to "CITY" for preparation of the Notice of
Completion.
(13.) Deliver all project records to "CITY" in accord with the Procedures
Manual at the end of the project.
(14.) Remove all equipment and items belonging to Construction Manager
from the field office.
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7. Additional Responsibilities
a. "CONSULTANT" shall assign responsible representatives (Project Manager
and On -Site Engineer) and alternates. Representatives shall be responsible
for duties from contract negotiations through project completion.
b. If primary representative should be unable to continue with "PROJECT ",
then the alternate shall become the primary representative.
c. Any changes in responsible representation must be approved in advance
by "CITY"
(1.) "CITY" will have the right to reject other proposed changes in
personnel, and may consider such changes a breach of contract and
cause for termination.
1II. DUTIES OF THE CITY
In order to assist "CONSULTANT" in the execution of their responsibilities under this
Agreement, "CITY" agrees to provide the following:
A. Plans, drawings, specifications and cost estimates as may be available or are in
existence, which may be germane to the proper execution and completion of the
"CONSULTANT'S" defined duties.
B. Provide survey information, as may be available and applicable to "PROJECT ".
C. Design criteria, hydraulic data and other information, as may be available and
appurtenant to "PROJECT ".
D. Provide network tie -in for "CONSULTANT'S" trailer office computer.
E. Provide licensed software and applicable manuals for use by "CONSULTANT ".
F. "CITY" will provide blueprinting, CADD plotting, large orders of photocopying
and other services through "CITY'S" reproduction company, Banana Blueprint.
"CONSULTANT" must obtain "CITY'S" approval prior to any reproduction.
IV. TIME OF COMPLETION
A. "CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. All work will be completed in a diligent and efficient manner
to the execution of its completion.
B. The term of this Agreement shall expire three hundred sixty five (365) calendar
days after the date first written hereon. It is agreed and understood by both
parties that barring unforeseen construction delays, this is sufficient time to
complete all such activities and tasks associated with the "PROJECT ".
V. OWNERSHIP OF DOCUMENTS
A. Original reports and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. Use of complete or incomplete deliverables or
documents for purposes other than this "PROJECT" shall be at the sole risk of
"CITY ". "CITY" shall indemnify "CONSULTANT" for any damages incurred as a
result of such use. No report, drawing, map, document or other data given to,
prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be
made available to any individual or organization by "CONSULTANT" without
prior written approval by "CITY ", unless required by subpoena.
B. "CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by case
basis. Blanket publishing approval shall not be granted.
C. "CONSULTANT" has permission to show prospective clients reports and data
which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to "CONSULTANT's" business office at
18002 Skypark Circle, Irvine California, 92714.
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 terns of this Agreement, if the "CITY" has
not corrected it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated
for any other reason, "CITY" agrees to compensate "CONSULTANT" for the
actual services performed up to the effective date of the "Notice of Termination"
based on the fee schedule contained herein.
VII. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY ".
"CONSULTANT" shall not sublet, transfer or assign any work except as
otherwise provided for herein or as authorized in advance by "CITY ".
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B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY" under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY'.
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY' hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the 'PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than three hundred
seventy seven thousand three hundred eighty dollars ($377,380), except as
otherwise provided for herein below.
B. Payment & Fee Schedule
personnel
Project Manager.....
Resident Engineer.
Inspectors ...............
Technical Assistant
hourly rates
...................... $100.00
...................... 80.00
...................... 60.00
...................... 53.00
C. The contract amount shall be paid to "CONSULTANT" in monthly partial
payments based on the amount of hours worked and expenses incurred
during each monthly pay period, based on the actual hours of labor expended
as determined by the Project Manager for "CITY'. The sum of the partial
payments shall not exceed ninety percent (90 %) of the maximum fee as set
forth in paragraph "A" herein above. The balance of the total amount earned
shall be paid upon completion of the work specified herein.
D. In addition to the fixed, not -to- exceed fee, "CITY' agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses,
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Project Engineer for
"CITY", and other reasonable expenses where such costs have been advanced
by "CONSULTANT" and approved in advance by "CITY'.
(1.) "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of
duties and tasks on a monthly basis. "CITY' agrees to pay
"CONSULTANT" within thirty (30) calendar days of receipt of said
records and hourly summary.
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(2.) "CONSULTANT" shall not be compensated for use of
equipment, hardware, software materials, reproduction, mileage,
cellular telephones, pagers, and telephone toll charges. Said costs are
non- compensable. Time expended by "CONSULTANT'S" personnel on
such equipment shall be paid on the basis of the "FEE SCHEDULE"
herein above.
IX. ADDITIONAL SERVICES
No change in character, extent or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in
writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based
upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an
increase in total compensation exceeding fifty thousand dollars ($50,000) shall
require an amended Agreement for such additional services between the
"CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by "CITY" that
relate to the performance of the services specified under this Agreement. All
such records shall be maintained in accord with generally accepted accounting
principles and shall be clearly identified and readily accessible.
"CONSULTANT" shall provide free access to the representatives of "CITY" or its
designees at all proper times upon reasonable notice to "CONSULTANT" to
such books and records, and gives "CITY" the right to examine and audit same,
and to make transcripts therefrom as deemed necessary at "CITY'S" cost, and to
allow inspection of all work, data, documents, proceedings and activities related
to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates of insurance showing the type,
amount, class of operations covered, effective dates and dates of expiration of
insurance policies. "CONSULTANT" shall use the " CITY's" Insurance Certificate
form for endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT'S" indemnification, and also contain substantially the
following statement: "The insurance covered by this certificate may not be
canceled or non - renewed, except after thirty (30) days' written notice has been
received by "CITY ". Coverage may not be reduced or otherwise materially
altered without the same advance notice to "CITY" of such alteration.
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B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement all policies of insurance required by this Agreement; and
said policies of insurance shall be secured from an insurance company
assigned Policyholders' Rating of "A" (or higher) and Financial Size Category
"VIII" (or larger) in accord with an industry -wide standard and shall be
licensed to do business in the State of California. However, the minimum
rating for the "CONSULTANT'S" Errors & Omissions carrier shall be "A ",
"VIII" or better.
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.
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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.
XII. WAIVER
A waiver by "CITY" or "CONSULTANT' of any breach of any term, covenant, or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained herein
whether of the same or different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason of an alleged breach of any provisions of this Agreement, the prevailing
party shall be entitled to receive from the losing party all costs and expenses in
such amount as the court may adjudge to be reasonable costs of litigation.
XIV. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant shall be held to vary the provisions hereof. Any modification to
this Agreement will be effective only by written execution signed by both "CITY'
and "CONSULTANT ".
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors
or omissions, in the performance of services herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the first date above written:
APPROVED AS TO FORM:
Robert Burnham
City Attorney
I:VUIf411 19
Wanda E. Raggio
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92658 -8915
(714)644 -3011 (714)646 -5204 fax
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City of Newport Beach,
a municipal corporation
John Hedges, Mayor
"CITY'
ALBA Construction Management, Inc.
a California Corpocation
/Jaime Moreno, P.E., President
"CONSULTANT"
AL13A Construction Nfana};ement, InC.
18002 Skypark Circle
I] vine, California 92714
(714)263 -8688 (71A0852-9145 lax