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HomeMy WebLinkAboutC-3004(I) - Reach Nos. 1, 2, 3, 3a, 3b and 4 Pipeline Projects, Groundwater• • Ll 41 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. M f 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. 0 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. • 11 � a 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 I NOT TO SCALE FOUNTAIN D Q VALLEY TAMURA w WARNER WELL SITE AVE DOLPHIN AVENI WELL SITE SLATER AVE REACH 3A & 38 r N TALBERT 24 0 AVE REACH 3 ° 36" 405 m ELLIS AVE 0 � r � GARFIELD AVE EXISTING 30" 04 / SEAWATER LINE - HUNTINGTON ADAMS INDIANAPOLIS A A 4��FiC V J 1 Q w 0 z _ �Q m C`IO N m 4`ST ' HAMILTON AV REACH 2 36" A�r o� E SANTA AI\LA SEGERSTROM BAKER cos- MESA AVE VICTORIA LREACH1 16TH ST RESERVOIR FAIR Cc 0 m a_ ST 55 REACH 4 30" & 36" NEWPORT BEACH\ • •I I' 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. i'liv ' • �J 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: v City Clert 2 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 • • 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) &4� 4�-2 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 0 TO: Mayor & Members of the City Council FROM: Utilities Department 0 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. oy) 0 9 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". 0 0 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 ". 0 0 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 • 0 �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: 0 Scope of Services (cont.) Project Component Reach No. 1 Reach No. 2 Reach No. 3 Reach No. 3A Reach No. 3B Reach No.4 0 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. 0 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.) 0 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. 2 1M D i1T1 � Riil�tiil Newport Beach Groundwater Development Project i Transmission Main ater Route Study J j Existing Mains O.C.W.D. Seawater Main z l - -___ O.C.W.D. Seawater Main i Leased x City Transmission Line j $ i m Proposed Transmission Lines Preferred Route REACH NO. 1 1 Well Sites 4 19TH I Proposed REACH NO.2 rc m r S a Am UrILMES YARD EXHIBIT "A" r 4-+ U U O L a NC C N Q- m O z O N U 3� a z� 2� J O L Oil • o o= z 2 y d of m Z a o r x l . � w z W 'o j -ro. W w W W W d � d a ' QO tie � i � m 1 C�r�oar�d�af�c�rr Dc�dc��c���c��f� prro�c�c�� 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. 0 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 0 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. 0 0 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 ". 0 0 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. 0 0 (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. 10 9 0 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. ii 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. 12 n U n LA 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 13 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