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HomeMy WebLinkAboutC-2957 - Design Balboa Peninsula Water Main Re-Lining (Stop notice in file) (2)TO CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR 6 (� _ 93 FROM: CITY CLERK DATE: August 3, 1993 SUBJECT: Contract No. C- 2957(A Description of Contract Agreement for Design Balboa Peninsula Water Main Re- Linine Proiect Effective date of Contract July 27, 1993 Authorized by Minute Action, approved on July 26, 1993 Contract with Boyle Engineering Corporation Address 1501 Quail Street Newport Beach, CA 92658 -9020 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk . WER:pm Attachment 3300 Newport Boulevard, Newport Beach i TO: Mayor & Members of the City Council FROM: Utilities Department July 26, 1993 CITY COUNCIL AGENDA ITEM NO. --.4,- c./ C- 29s7 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN BALBOA PENINSULA WATER MAIN RE- LINING PROJECT PREPARATION OF DETAILED PLANS & SPECIFICATIONS BOYLE ENGINEERING CORPORATION RECOMMENDATION: If desired, authorize the Mayor and the City Clerk to execute a Professional Services Agreement on behalf of the City, with Boyle Engineering Corporation, to prepare detailed Plans and Specifications for re- lining the 16 -inch water main on the Balboa Peninsula for a fixed fee of $39,770. The City's water system is comprised of over 200 miles of pipelines ranging in diameter from 4 inches to 30 inches. Portions of the City's water transmission and distribution pipeline system were installed many years ago. One of the oldest water mains still in operation is the 16 -inch diameter pipeline that runs the length of the Balboa Peninsula. The pipe was installed in 1928. It is over 60 years old. During the era between the turn of the century and World War II, one of the most commonly installed type of pipe material was cast iron pipe. Pipe was manufactured in 18 -foot lengths by casting molten iron in vertical sand molds. The 16 -inch pipe on the Balboa Peninsula was manufactured using this sand - casting technique. The pipe walls are fairly thick and given its age, it is in good condition. Although the pipe walls are thick and in good structural condition; the interior of the pipe has succumb to the effects of rust and corrosion. Inspections of the pipe interior during the last decade have revealed a rather significant build -up of rust and corrosion by- products called tuberculation. A lay- person's description of tuberculation might be "rust barnacles ". The 16 -inch cast iron pipe between 19th Street and Island Avenue has a significant amount of tuberculation inside. Field inspections have found the build -up to be over an inch thick in some areas. In addition, rust sediment up to 4- inches deep has been found in the bottom of some parts of the line. For a number of years there have been water quality problems on the Balboa Peninsula which are directly related to the condition of the interior of the 16 -inch transmission main. The problems become most noticeable whenever a high -flow condition stirs up the sediment in the line. High }lows in this pipeline are almost always related to water main breaks in the surrounding areas or fire flows through hydrants. • 0 Page 2 Professional Services Agreement Balboa Peninsula Water Main Re- lining July 26, 1993 Being generally concerned about the City's water quality, the Utilities Committee requested staff to prepare its capital budgets to accomplish water quality improvements on the Balboa Peninsula. Staff has reviewed the condition of the 16 -inch water transmission pipeline between 19th Street and Island Avenue and believe it to be an ideal candidate for a re- lining project. Cleaning and re- lining this reach of pipeline can be done for approximately one -fourth the cost of replacement. Assuming a successful re- lining project, the remaining pipeline life could be as long as 50 years. Staff believes this project will be the single -most effective way to noticeably improve water quality on the Balboa Peninsula. To implement the re- lining project, the Council approved components in the 1992 -93 and 1993 -94 capital budgets as a part of the Water Fund Capital Projects. With a portion of last year's funds, the Utilities Department forces installed isolation valves at 19th Street, 13th Street and Peninsula Point. The valves will facilitate a contract cleaning and re- lining project and will allow the City to isolate key sections of the pipeline to be re- lined, while maintaining sufficient flows for water service. The balance of last year's funds were carried over to this fiscal year to design and construct the project. Staff invited several firms to submit statements of qualifications and experience. After consideration of qualifications and experience, staff requested that four firms submit proposals. They were: Montgomery- Watson Consulting Engineers, BSI Consulting Engineers, Boyle Engineering Corporation and RBF Consulting Engineers. The Utilities Department Selection Committee chose Boyle Engineering Corporation to perform the required professional services. Boyle has a team of well qualified, technical professionals and designers who have experience with similar water main re- lining projects. The proposed Professional Services Agreement with Boyle Engineering Corporation provides for preparation of a re- lining design and preparation of construction specifications and detailed plans with written special provisions and documents suitable for bidding and construction. Funds are available in the Water Fund under Capital Projects Account No. 7503 - 98500033. If approved, the final design effort can commence immediately. Plans and specifications could be ready for bidding by mid - September. Respectfully submitted, JEFF SrgnJEaRr Jeff Staneart, P.E. Utilities Director Attachments: Professional Services Agreement i . ` -295' AGZEEM ENT PROFESSIONAL SERVICES FOR DESIGN OF THE BALBOA PENINSULA WATER MAIN RE- LINING PROJECT THIS AGREEMENT is made and entered into this Z -Jr" day of July 1993, by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "CITY ", and Boyle Engineering Corporation, a California Corporation, hereinafter referred to as "CONSULTANT ". WITHESSETH: WHEREAS, "CITY ", operates a municipal water distribution system and numerous water facilities to transport and deliver potable water to its customers, and; WHEREAS, "CITY" as a part of its mission under the Water Master plan is obligated to keep the 200 miles of water distribution and transmission piping operating in an efficient and progressive manner, and; WHEREAS, "CITY'S" Balboa Peninsula Water Main is an existing 16 -inch diameter cast iron water main originally constructed in 1926, and; WHEREAS, The subject cast iron pipe has an accumulation of rust and tuberculation inside it, which at times can cause water to appear red and distasteful, and; WHEREAS, "CITY" desires to clean and re -line the existing 16 -inch water main to improve water quality as part of the capital improvement and maintenance program, and; WHEREAS, "CITY" desires to prepare a design for re- lining the Balboa Peninsula Water Main, hereinafter be referred to as "PROJECT ", to accomplish its goals, and; WHEREAS, implementation of the design of said "PROJECT" requires the services of a qualified engineering design consultant, and; WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT" for preparation of the "PROJECT" design and to provide certain other essential professional services, as outlined herein below, and; WHEREAS, "CITY" has reviewed the previous experience and has evaluated the expertise of "CONSULTANT" and desires to accept the proposal submitted by "CONSULTANT ", and; 0 0 NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: I. GENERAL A. "CITY" engages "CONSULTANT" to perform the described services for the consideration hereinafter stated. B. "CONSULTANT" agrees to perform the described services in accord with the terms and conditions hereinafter set forth. C. "CONSULTANT" agrees that all services required hereunder shall be performed under his direct supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. "CONSULTANT" shall not sublet, transfer or assign any work except as otherwise provided for herein or as authorized in advance by the "CITY ". II. SERVICES TO BE PERFORMED BY CONSULTANT "CONSULTANT" shall provide the following listed professional services to "CITY ". A. "CONSULTANT" shall provide the necessary services to complete the defined tasks associated with the design phase of the "PROJECT ". Those tasks include the following: 1. Meetings with City staff. a. "CONSULTANT" shall keep City Project Manager apprised of the progress being made on the "CONSULTANT'S" design activities. Such appraisal shall be made via telephone, in writing as appropriate and via the meetings mentioned herein below. b. "CONSULTANT" shall meet with the City staff for an orientation meeting, again for a 50% design review, again for a 90% design review, and again for a 100% design review for the "PROJECT ". Other meetings may be held on an as- needed basis. 2. Review Background Data. a. "CONSULTANT" shall, in an effort to relay relevant information to their staff, review the pertinent background data obtained at the meetings with City staff and /or as provided by "CITY" during the course of the "PROJECT ". b. "CONSULTANT" is entitled to rely on materials provided by or through City without independent evaluation by "CONSULTANT ". c. "CONSULTANT" shall perform a field and control survey to accurately reflect the existing surface conditions. This survey will be used to prepare accurate base sheets. 0 0 3. Plans Preparation. "CONSULTANT" shall complete the required drawings and plans for 'PROJECT'. A listing of those drawings included in this phase shall include at least the following: Preparation of a "Title Sheet" with legend, notes, and vicinity map; "Plan Sheets" as required to detail the pipeline alignment in accord with City Standards; "Detail Sheets" as required to fully illustrate and show all fittings, tie -ins, and water valves and appurtenances associated with the 'PROJECT'. b. "CONSULTANT' shall deliver up to fifty (50) complete plan sets for construction bidding purposes. 4. Specifications Preparation. a. "CONSULTANT' shall complete preparation of detailed written specifications, bid proposal, standard special provisions, special provisions, compile City standard contract forms and bind them for 'PROJECT'. b. "CONSULTANT' shall include within the special provisions; the method of cleaning and relining the existing 16 -inch water main; and the method of reconnection of all water services. c. "CONSULTANT' shall utilize City Standard Specifications and shall prepare them in the standard format. Construction documents are intended to be publicly bid as a complete package which shall meet the requirements of "CITY' and all applicable local and State laws. d. "CONSULTANT' shall deliver up to fifty (50) complete specification sets. "Complete set" means bound standard specifications with special provisions, contract documents, bid proposal, engineers estimate and reduced construction drawings with a colored cover page and acetate front and back cover. 5. Cost Estimate & Schedule. "CONSULTANT" shall prepare a detailed written cost estimate and construction schedule for 'PROJECT'. Estimate shall be transmitted to "CITY" with a written memorandum of transmittal and explanation. 1. Any opinion of construction cost prepared by "CONSULTANT' represents his judgment as a design professional and is supplied for the general guidance of the "CITY'. Since "CONSULTANT' has no control over the cost of the labor and material, or over competitive bidding or market conditions, "CONSULTANT' need not guarantee the accuracy of such opinion as compared to Contractor bids or actual cost to the "CITY'. i • 6. Construction Phase Services a. "CONSULTANT" shall perform the following during the construction phase: Visit the site at scheduled intervals or as otherwise agreed by the "CITY" and "CONSULTANT ", to become generally familiar with the progress and quality of the work and to provide assistance to the "CITY" to verify the work is being performed substantially in accord with the contract documents. 2. "CONSULTANT" shall not be required to make exhaustive or continuous on -site inspections to assess the quality or quantity of work and shall not be responsible for the contractor's failure to carry out the work in accord with contract documents. 3. Prepare change order work and review shop drawings as requested by "CITY ", including all drawings or specifications necessary to describe and detail the work to be added, deleted or modified. Should said work require a substantial addition to the plan set, then additional compensation to "CONSULTANT" would be authorized. 4. Prepare "record" drawings based upon change orders and addenda to the extent approved by "CITY" and incorporated into the construction of the Project. "CITY" shall require the contractor to submit "as- built" drawings of actual construction installations to "CONSULTANT" for use in preparing "record" drawings. 5. "CONSULTANT" shall provide one set of construction stakes for the re -lined water main at all tie -in and fire hydrant locations for the "CITY'S" Contractor. Any additional staking or any restaking or costs thereof will be the responsibility of the Contractor. III. DUTIES OF THE CITY In order to assist the "CONSULTANT" in the execution of his responsibilities under this Agreement, "CITY" agrees to provide the following: A. Provide any background information, reports, contracts, specifications, proposals or agreements as may be available or are in existence, which may be germane to the proper preparation and completion of the "CONSULTANT'S" defined duties. B. Assist "CONSULTANT" with interpretation of "CITY" standards and design criteria. Meet with "CONSULTANT" as necessary to provide input or direction on matters pertaining to completion of specifications and final construction plans. 0 0 C. Review plans, specifications and other documentation provided by "CONSULTANT" relative to "PROJECT" in a timely fashion. D. Act as the Project Manager and provide construction contract administration and field inspection on the proposed project, once designed and awarded for construction. IV. TIME OF COMPLETION AND LIQUIDATED DAMAGES "CONSULTANT" shall commence work immediately upon receipt of written notice to proceed. Work as required herein, shall be completed in a diligent and efficient manner to the execution of its completion. All work, with the exception of the construction phase services required to advertise for construction shall be completed no later than September 10, 1993. It is mutually agreed by "CONSULTANT" and "CITY" that liquidated damages of three hundred dollars ($300.00) per calendar day shall be assessed "CONSULTANT" for delays beyond the above specified completion date. Said damages shall be deducted from the "CONSULTANT'S" fee. The term of this Agreement shall expire thirty (30) calendar days after the date the "PROJECT" is completed and accepted by "CITY ". It is agreed and understood by both parties, that this is sufficient time to complete all such activities and tasks associated with the "PROJECT ", including "as -built drawing" preparation. V. OWNERSHIP OF DOCUMENTS Original drawings and other deliverable documents to be provided by "CONSULTANT" under this Agreement shall become the exclusive property of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly authorized representative. However, any use of completed deliverables or documents for purposes other than for this "PROJECT ", or any use of incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall indemnify "CONSULTANT" for any damages incurred as a result of such use. No report, drawing, map, document or other data given to or prepared or assembled by "CONSULTANT" pursuant to this Agreement shall be made available to any individual or organization by "CONSULTANT" without prior written approval by "CITY ", unless required by subpoena. "CONSULTANT" may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the "CITY" and written permission must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket publishing approval shall not be granted. "CONSULTANT" is granted permission to show to prospective clients reports and data which have been accepted by "CITY" as prepared under this Agreement. VI. RIGHT OF TERMINATION A. "CITY" reserves the right to terminate this Agreement without cause at any time by giving "CONSULTANT" five (5) business days prior written notice. Notice shall be deemed served when delivered personally or upon deposit in the United States mail, postage prepaid, addressed to the "CONSULTANT'S" business office at 1501 Quail Street, P. O. Box 3030, Newport Beach, California 922658 -9020. B. "CONSULTANT" may terminate this Agreement after ten (10) days' written notice from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial failure to perform in accord with the terms of this Agreement, if , the "CITY" has not corrected it's non - performance within that time. C. In the event of termination due to errors, omissions, or negligence of "CONSULTANT ", "CITY" shall be relieved of any obligation to compensate "CONSULTANT" for that portion of work directly affected by such errors, omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for any other reason, "CITY" agrees to compensate "CONSULTANT" for the actual services performed up to the effective date of the "Notice of Termination ", on the basis of the fee schedule contained herein. VII. SUBCONTRACTORS AND ASSIGNMENT A. None of the services included in this Agreement shall be asigned, transferred, contracted or subcontracted without prior written approval of "CITY ". B. Neither "CONSULTANT" nor "CITY" shall assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the other party; provided, however, that claims for money due or to become due "CONSULTANT" from "CITY" under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to "CITY ". C. In the performance of this "PROJECT ", "CONSULTANT" may utilize the services of a private surveying firm to complete those tasks which require surveying and related professional tasks. Said surveying firm, Bush & Associates hereinafter "SUBCONSULTANT ", shall be directed and compensated by "CONSULTANT" as if said firm were a direct employee of "CONSULTANT ". 6 0 1. Compensation for "SUBCONSULTANT's" services shall not be more than three thousand dollars ($3,000.00) and shall be paid to in accord with the limits of the "not -to- exceed" fee listed herein below. No additional compensation shall be made therefor. VIII. PAYMENT AND FEE SCHEDULE A. In consideration for the specified services, "CITY" hereby agrees to compensate "CONSULTANT" on an hourly basis as set forth below in the "PAYMENT & FEE SCHEDULE ". In no event shall said amount be greater than the amount of thirty nine thousand seven hundred seventy dollars ($39,770), inclusive of the subcontract services defined herein, except as otherwise provided for herein below. B. PAYMENT AND FEE SCHEDULE personnel hourly rates Quality Assurance ........................................... ............................... $115.00 Project Manager ............................................... ............................... 105.00 SeniorEngineer ............................................... ............................... 95.00 AssistantEngineer ........................................... ............................... 75.00 Drafter................................................................ ............................... 55.00 Clerical............................................................... ............................... 35.00 Survey (2 -man) Crew - Bush & Associates ............................... 120.00 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 ". "CONSULTANT" shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a bi- weekly basis. "CITY" agrees to pay "CONSULTANT" within thirty (30) calendar days of the receipt of said records and hourly summary. 2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S" equipment, hardware, software materials or reproduction. Said costs are non- compensable. Time expended by 'CONSULTANT's" personnel on such equipment shall be paid on the basis of the "FEE SCHEDULE" herein above. IX. ADDITIONAL SERVICES No change in character, extent, or duration of the work to be performed by "CONSULTANT" shall be made without prior written approval from "CITY ". In consideration for performance of additional services authorized by "CITY" in writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase in the total compensation exceeding four thousand two hundred thirty dollars ($,4,230.00) shall require that an amended Agreement for such additional services be executed by the "CONSULTANT" and "CITY ". X. RECORDS "CONSULTANT" shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by "CITY" that relate to the performance of the services specified under this Agreement. All such records shall be maintained in accord with generally accepted accounting principles and shall be clearly identified and readily accessible. "CONSULTANT" shall provide free access to the representatives of "CITY" or its designees at all proper times upon reasonable notice to "CONSULTANT" to such books and records, and gives "CITY" the right to examine and audit same, and to make transcripts therefrom as deemed necessary at "CITY'S" cost, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. XI. INSURANCE A. On or before the date of execution of this Agreement, "CONSULTANT" shall furnish "CITY" with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Such certificates which do not limit "CONSULTANT'S" indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, except after ten (10) days' written notice has been received by "CITY ". Coverage may not be reduced or otherwise materially altered without reasonable notice to "CITY" of such alteration. • B. "CONSULTANT' shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement; and said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "B" (or higher) and Financial Size Category "XV" (or larger) in accord with an industry -wide standard and shall be licensed to do business in the State of California. However, the minimum rating for the "CONSULTANT's" Errors & Omissions carrier shall be "B + ", "VIII" or better. 1. An appropriate industry -wide insurance rating standard shall be deemed "Best's Key Rating Guide ", latest edition. C. "CONSULTANT' shall maintain the following minimum coverages: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Bodily Injury Property Damage Amount $ 1,000,000 each occurrence $ 1,000,000 aggregate $ 1,000,000 each occurrence $ 1,000,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. Errors & Omissions Insurance Errors & Omissions coverage shall be provided in the amount of one million dollars ($1,000,000.00). D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, "CONSULTANT' shall look solely to its insurance for recovery. "CONSULTANT' hereby grants to "CITY ", on behalf of any general liability insurer providing insurance to either "CONSULTANT' or "CITY" with respect to the services of "CONSULTANT', a waiver of any right of subrogation which any such insurer of said "CONSULTANT' may acquire against "CITY" by virtue of the payment of any loss under such insurance. 9 i 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 cost of litigation. XIV. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both "CITY' and "CONSULTANT ". XV. HOLD HARMLESS "CONSULTANT" shall indemnify and hold harmless, "CITY', its City Council, boards and commissions, officers, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts, errors or omissions, in the performance of services hereunder. 10 i 01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Flory Assistant City Attoir ney City of Newport Beach, a municipal corporation Clarence Turner, Mayor "CITY" ATTEST: t;J Boyle Engineering Corporation a California Corporation Wanda Raggio Victor E. Opincar, Vice President City Clerk "CONSULTANT" Address and Telephone: City of Newport Beach 5390 Newport Boulecurd Newpon Beach, Caldornia 92659 -1768 (71a) Ova -3011 (714)646 -5204 (FAX) 11 Boyle Engineering Corporation 1501 Quail Street Newport Beach, California 92658 -9020 (714)476 -3300 (714)721 -7142 (FAX)