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HomeMy WebLinkAboutC-2975(A) - Construction of Little Balboa Island Wastewater Pump Station ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVorme M. Harkless, CMC January 23, 2003 Advanco Constructors A Division of Zurn Constructors, Inc. 1500 W. 9th Street Upland, CA 91786 Subject: Section 5 Sewage Pump Station on Little Balboa Island (C -2975) To Whom It May Concern: On April 26, 1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on May 14, 1999, Reference No. 19990356333. The Surety for the contract is The American Insurance Company, and the bond number is 111 - 4161 -4260. Enclosed are the Labor & Materials Payment Bond and the Faithful Performance Bond. We apologize for the delay in returning the bonds. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, Construction Engineer encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 BOND NO. 111- 4161 -4260 LABOR AND MATERIALS PAYMENT BOND 0 Page 8 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted OCTOBER 27, 1997 has awarded to ADVANCO CONSTRUCTORS, Div. OF ZURN CONSTRUCTORS, INC. hereinafter designated as the "Principal," a contract for the SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND, CONTRACT NO. C -2975 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. C -2975 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter'set forth: NOW, THEREFORE, we the undersigned Principal, and, THE AMERICAN INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, ( ref s€ VI- tolAK?X irtt �% R0Po1FP "y)FIT7H011�ANUONEAt�rii��ounto the City of Newport Beach, in the sum of FTY - - aNn - - nnit no ----------------------------- - - - - -- Dollars ($ 1,665,150. 00 j * lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will *pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq, of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. 5117 L 0 Page 8A In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 30TH day of OCTOBER , 19_99• ADVANCO CONSTRUCTORS, DIVISION OF ZURN CONSTRUCTORS, INC. Name of Contractor (Principal) THE AMERICAN INSURANCE COMPANY Name of Surety TWO CHATHAM CENTER, SUITE 300, P.O. BOX 888 PITTSBURGH, PA 15230 Address of Surety 5197 k Authorized SignatLTre Ronald J. Devine Vice President Print Name & Title �L Authorized Agent Signature CHRIS W. BLOOMSTINE ATTORNEY -IN -FACT Print Name & Title 412/263 -4400 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 0 ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** State of California County of San Bernardino On this date October 31, 1997 before me, Daralie Hart, the undersigned Notary Public, personally appeared: Ronald J. known to me to be the: Vice President of the corporation that executed the within agreement, and that said person(s) acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and official seal. DARAUE HART My Cwm. E)om Apr 14,2001 721,��ry GENERAL POWER OF ATTORNEY ,.; AMERICAN INSURANCE COMPAN a KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the Stale of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint WILLIAM C. B L 00 M S T I N E , BETH A. DUBIK, CHRIS W. BLOOM.STINE, JOHN C. BLOOMSTINE, jointly or severally its sirs rand rwfulittomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof _ _ _ _ _ _ _ _ _ _ and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -laws of THE AMERICAN INSURANCE COMPANY now in full force and effect, "Article VII. Appointment and Authority of Resident Secretaries, Attomtys-ia -Fact and Agents io accept Legal Process and Make Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any, Vice-Presideat or any other person autborizW by the Board of Directors, (be Chairman of the Board of Directors, the President or say Vice - President may, from time to time, appoint Resident Assistant Secretaries and Allorneys -In -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Seemb vies, AltorneysAn -Fact and Agents shall be a prescribed In the Instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed; "RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereunto affixed this 2 1 S t day of . STATE OF CALIFORNIA COUNTY OF MARIN March 1996 THE AME31CANJ NSU CE COMPANY By Via- dcnt ss. On this 21st day of March 19 96, before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his [tame thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written r A. KRIEGER D n0n ,:t.4. !q CoktM.a104S/12 LL zea < NOTARI FUaLIC CALIFORNIA e- MAn[�I'NCOUNTY Ary EiW rn Ca,.M;a. 20, taaa , STATE OF CALIFORNIA COUNTY OF MARIN a. Notary Ik CERTIFICATE 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 30TH 360711- TA -2 -94 day of OCTOBER 19 97 �R.Ad t Aottuut sctxctayAuituut sevcyry State of Pennsylvania County of Erie 0 On this 30th day of October, 1997, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared: Chris W. Bloomstine, Known to me to be Attorney -in -Fact of: The American Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires fd04d. dIMM M. YUSSOW, RYMBYRM ERIE, ERIE COUMY, FESSSWITM 6f.%C:.dmtssMR E$PIRE U".AI Notary Public 0 BOND NO, 111-4161-4260 FAITHFUL PERFORMANCE BOND Page 9 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted OCTOBER 27, 1997 has awarded to ADVANCO CONSTRUCTORS, DIV. OF ZURN CONSTRUCTORS, INC. hereinafter designated as the "Principal ", a contract for the SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND, CONTRACT NO. C -2975 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. C -2975 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW THEREFORE, we the Principal, and THE AMERICAN INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, In the SUM Of ONE M I LL I ON S I X HUNDRED S XTY F I VE THOUSAND ONE HUNDRED F I FTY- AND - 00/100- Dollars ($ 1 ,665,150.00), lawful money of the United States o America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and.. performed at the time and in the manner therein specified, and in all respects according to Its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys' fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. 5/97 0 0 Page 9A In the event that the Principal executed this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30TH day of OCTOBER 1 7 ADVANCO CONSTRUCTORS, DIVISION OF ZURN CONSTRUCTORS, INC. �C Name of Contractor (Principal) Authorized Signature THE AMERICAN INSURANCE COMPANY Name of Surety TWO CHATHAM CENTER, SUITE 300, P.O. BOX 888 PITTSBURGH, PA 15230 Address of Surety 5197 Ronald J. Devine Vice President Print Name & Title ALthorizetl Agent Signature CHRIS W. BLOOMSTINE ATTORNEY -IN -FACT Print Name & Title 412/263 -4400 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED State of California County of San Bernardino On this date October 31, 1997 before me, Daralie Hart, the undersigned Notary Public, personally appeared: Ronald J. Devine known to me to be the: Vice President of the corporation that executed the within agreement, and that said person(s) acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and official seal. �DARAtUE HAW 6 1 MY Comm. EVIrm Apr 14,2001 2)r, 'L DaT6 " Public GENERAL • • POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation incorporated under the laws of the State of New Jersey on February 20, 1846, and redomesticated to the State of Nebraska on June 1, 1990, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by these presents make, constitute and appoint WILLIAM C. BLOOMSTINE, BETH A. DUBIK, CHRIS W. BLOOMSTINE, JOHN C. BLOOMSTINE, jointly or severally its trueRan; IawfuAttorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertaking, recognizances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s) -in -Fact may do in the premises. This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -laws of THE AMERICAN INSURANCE COMPANY now in full force and effect. "Article VII. Appointment and Authority of Resident Secretaries, Attorueys-fn -Fact and Agents to accept Legd Process and Mahe Appearances. Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice - President may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal prvI and make appearances for and on behalf of the Corporation. Section 46. Authority. The authority of such Resident Assistant Secretaries, Attorneys -in -Fad and Agents shall be as prescribed In the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appofalmenC' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attomey, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate seal to be hereunto affixed this 2 1 S t day of March STATE OF CALIFORNIA ss COUNTY OF MARIN 1996 . THE AME C NSU CE COMPANY By Vic Fp dent Onthis 21st day of March ! 19 96 before me personally came M. A. Mallonee to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his tame thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. r A. KRIEGER D 0 COe•M. #1045112 NOraK+: JaI, IC- CALIFORNIA I s /- ..vJF /'✓ td Aa1N CcONTY O t AN Ccrm� Eves Ma(. 20. 1909 -1 STATE OF CALIFORNIA l COUNTY OF MARIN u. J( - Notuy (IC/ CERTIFICATE I, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections 45 and 46 of the By -laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. Signed and sealed at the County of Marin. Dated the 30TH day of 360112 -TA -2.94 OCTOBER Ruide., Auiaaut Sevnvy 19 97 0 State of Pennsylvania County of Erie 0 On this 30th day of October, 1997, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared: Chris W. Bloomstine. Known to me to be Attorney -in -Fact of: The American Insurance Company, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. NOTARIALSM JAMS M. YNOOW. ERIE, ERIE caumv, POMMUM MY COMMISSION E;VMWT. K "ga My Commission Expires z Notary Public CI L / Y z . � � w � on o w CO � r-+ oo N y o�� tin G M of "Wti o Ul _•� xm�a O _2 0 i4 a wd nrtl0 G to Ll E+J f' _ m Cl � Nju �rJ W a 00 W toe," WbJ t4 O W m O Y - W -- ® H OD = N 4 O FW N O :al i JF 0 6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in the County of Orange, California Gary L. Granville, /RecoNoeFee 19990356333 11; 41am 05/14/99 005 15015929 15 18 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 pursuant to Govemment Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Advanco Constructors of Upland, California (a division of Zurn Constructors, Inc.), as Contractor, entered into a Contract on October 27, 1997. Said Contract set forth certain improvements, as follows: Section 5 Sewage Pump Station on Little Balboa Island, C -2975 Work on said Contract was completed on June 24, 1998, and was found to be acceptable on April 26, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The American Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of penury, that the foregoing is true and correct to the best of my knowledge. Executed on ��, /999 at Newport Beach, California. City Clerk 0 r1 LJ 0 0 TO: Mayor and Members of City Council 0 c 3''�) C -OC95 April 26, 1999 CITY COUNCIL AGENDA ITEM NO: _.i3 FROM: Public Works Department APPROVED SUBJECT: SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND CONTRACT NO. 2975 - NOTICE OF COMPLETION RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portion of the Civil Code. DISCUSSION: The Contract for construction of the Section 5 Sewage Pump Station has been completed to the satisfaction of the Public Works Department. The contractor was Advanco Constructors of Upland, California (a division of Zurn Constructors, Inc.). Original bid price Amount of change orders Total contract cost $1,665,150.00 212,495.30 $1,877,645.30 A total of 33 change orders were issued to complete the project. The change orders covered a wide range of items from project completion date extensions to design and field changes. In addition, several significant change orders were initiated by the City to minimize impacts to the community. The first of these change orders was to leave the costly shoring in place. The original plan had allowed for the removal of the sheet pile shoring system. However, based on a significant number of complaints from the neighboring residents, it was decided to not disrupt the community a second time by removing the sheet pile shoring system. Along the same lines of thinking, Little Balboa Island is currently in the process of designing the undergrounding of the power, phone and cable television utility lines. In an effort to prepare for this, the City Council approved a budget amendment that funded the undergrounding within the project area. These funds will be reimbursed to the City through a future assessment district. The following is a summary of the change orders: Subject: SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND ONTRACT NO. C -2975 - NOTICE OF COMPLETION April 26, 1999 Page 2 Change Order No. Description Amount 1 City Construction Manager Trailer. $ 4,413.70 2 Revised Scope of Work & Construction Period in Jade Avenue. 0.00 3 Removal and transplanting of 2 palm trees to Park Avenue median. 4,403.19 4 Time extensions. 0.00 5 Installation of public notice sign in the median of Park Avenue. 319.24 6 Delete Clow eccentric plug valves and install Dezurik eccentric plug valves. 3,091.25 7 Install 6" and 4" water line valve. 0.00 8 Credit to City for revisions to electrical control panel. <17,633.20> 9 Eight calendar -day time extension for weather related delays to Section 5 Pump Station. 0.00 10 Five calendar -day time extension for weather related delays to Jade Avenue work. 0.00 11 Bonus for early completion of Jade Avenue construction. 14,000.00 12 Loss of production (encountering unknown underground utilities). 574.01 13 Install sewer service connection for apartments at 127 E. Bay Front and credit to modify Manhole No. 6. 344.81 14 One day time extension for weather. 0.00 15 Sheet piling to remain in place at pump station. 25,000.00 16 Replacement of public notice sign in median of Park Avenue. 341.19 17 Install electrical, telephone and cable TV conduit in east alley and Park Avenue (Undergrounding). 4,414.33 18 Labor and Equipment for cleanup from seawater intrusion. 1,008.18 19 Install electrical, telephone and cable TV conduit and vaults in south alley, east alley, Park and Jade Avenues, (undergrounding). 27,094.00 20 Install 1 -inch conduit from Section 5 control panel to sea wall for tide gauge monitoring. 3,472.00 21 Rotate plug valve and fabricate special valve operator handle. 639.56 22 Modifications to force main, valve vault and mechanical detail in South Alley. 9,293.00 23 Increase motors, motors starters and power cables. 7,071.07 24 Remove and replace 607 sq ft of concrete pavement. 8,332.56 25 Extra work to demolish /remove abandoned valve vault and force main in south alley. 5,025.65 26 Utility support from Southern California Edison and Gas Company. Reduce manholes from 60" diameter to 48" diameter. 1,647.74 27 Install power cable from meter pedestal to control panel in Park 1 Avenue. Modify south alley valve vault to match alley slope for drainage and garage approach. 1,658.03 0 Subject: SECTION 5 SEWAGUMP STATION ON LITTLE BALBOA ISLAND�ONTRACT NO. C -2975 - NOTICE OF COMPLETION April 26, 1999 Page 3 Change Order No. Description Amount 28 Modify 100kVA generator to operate Cameo Shores pump station. 3,839.94 Install Bilco "Ladder -Up" safety post ladder extensions. 29 Modify pump station valve vault hatch, vent piping and 4" bypass 2,624.63 piping configuration. 30 Bonus earned for early substantial completion of project. 90,000.00 31 Locate fire hydrant service connection in south alley, abandon 2" line 1,940.39 and relocate street lighting junction box. 32 Install 1/4" thick neoprene seals on the undersides of the pump station 7,803.37 hatches. Seal 3 hatches and manhole. Install sewer drop pipe and stainless steel screens. Remove pump station exhaust air vent stack. 33 Modify sewer drop piping in pump station wet well. Relocated 1,776.36 stainless steel low -level float switch bracket in pump station wet well. Approved Change Order Total (12.76 %) $ 212,495.30 The original contract completion date for this project was July 10, 1998. The construction schedule • was revised on various change orders for weather - related construction delays, utility conflicts, and additional work requested by the City of Newport Beach. The final completion date was revised to August 8, 1998. Advanco Constructors substantially completed the project on June 24, 1998. Substantial completion included testing and placing the new pump station in service, demolishing the old pump station, and replacing pavement and opening streets and alleys to the public. In an effort to reduce impacts to the community and in accordance with the contract specifications, Advanco was credited with an early completion bonus of $14,000 for the Jade Avenue improvements (Change Order No. 11). In addition, the contractor was paid $90,000 for early completion of the overall project (Change Order No. 30). Respectfully submitted, 434�- /. ��4 0.4 PUBLIC WORKS DEPARTMENT Don Webb, Director By: Michael Sina ori, P.E. Utilities En ' er • Attachment: Final Project Report by Daniel Boyle Engineering, Inc. f.W smkPbwXshareckouncilVy9 &99�aMI- 26�senion -S.dm i n u PROJECT REPORT Section 5 Sewage Pump Station On Kittle Balboa Island January, 1999 Daniel Boyle Engineering, Inc. 0 0 �gwrogr . • SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND FINAL PROJECT REPORT JANUARY 1999 INTRODUCTION Advance, Constructors, Inc., the Contractor for the Section 5 Sewage Pump Station on Little Balboa Island, has completed construction of the project. The following is a brief summary of the project with photographs illustrating the actual work performed between the April 1998 Project Status Report and project completion in December, 1998. WORK COMPLETED The following major work components of the project have been completed since the beginning of construction on December 1, 1997: 1. Establish groundwater, inclinometer, and settlement survey monitoring program. 2. Remove and replace concrete pavement in Park Avenue, Jade Avenue, and South Alley. 3. Construct 473 I.f. of 8 -inch and 12 -inch gravity sewer and six manholes in Park Avenue, Jade Avenue, and South Alley. 4. Construct 582 l.f. of 8 -inch sewer force main in Park Avenue, Jade Avenue, and South Alley. 5. Install sheet piles and excavate for pump station and valve vault in Park Avenue. 6. Construct reinforced concrete pump station wet well with T -lock liner and exterior moisture barrier in Park Avenue. 7. Install pre -cast concrete valve vault in Park Avenue. 8. Install pre -cast concrete valve vault in South Alley. 9. Construct temporary sewer force main bypass and connect to existing force main. 10. Cutoff sheet piles three feet below grade, backfill and compact around pump station and valve vault. CITY OF NEWPORT BEACH SECTION 5 SEWAGE PUMP STATION DANIEL BOYLE ENGINEERING, INC. NO3- 107-01 Page l now 0 SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND °w FINAL PROJECT REPORT . JANUARY 1999 11. Install miscellaneous underground utilities such as; air vent piping, potable water main, water service line, and sewer services. 12. Demolish and remove portions of old pump station and sewer force main in South Alley. Backfill remaining portions of old pump station with concrete slurry mix. 13. Relocate two palm trees. 14. Install electrical and telephone conduit for Section 5 project in Park Avenue. 15. Construct brick wall and electrical control panel enclosure. 16. Install electrical control panel, RTU, and miscellaneous electrical equipment. 17. Install electrical, telephone, and cable tv conduits and vaults within the limits of construction in Park Avenue, East Alley, Jade Avenue, and South Alley in support of the proposed Rule 20 underground utility project. 18. Install RTU in control panel and a one -inch conduit from the control panel to the sea wall in support of project to install tide gauge on public dock at Park Avenue. 19. Install plug and check valves, piping, miscellaneous fittings, camlock fitting, and ventilation fans in the pump station valve vault. , 20. Install plug valves in the South Alley valve vault. 21. Install one 5 -hp submersible pump, and two 25 -hp submersible pumps in the pump station. 22. Modifications to pump station wet well influent sewer piping. CITY OF NEWPORT BEACH DANiFL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3- 107 -01 Page 2 i • 0 0 ?P�r 0 SECTION 5 SEWAGE PUMP STATION U � S ON LITTLE BALBOA ISLAND 7C /POP�`P PROJECT COMPLETION DATES i FINAL PROJECT REPORT JANUARY 1999 Construction of the Jade Avenue portion of the project was completed on February 16, 1998, seven days ahead of the adjusted completion date of February 23, 1998. The completion date was adjusted for weather related delays from the original completion date of February 15, 1998. Advanco met the requirements for substantial completion of the entire project on June 24, 1998, forty -five days ahead of the adjusted completion date of August 8, 1998. The project completion date was adjusted from the original completion date of July 15, 1998 for weather delays and extra work added during the course of construction. Substantial completion of the project included installation of all underground piping, testing and placing the new pump station in operation, demolishing the old pump station, replacing pavement, and opening streets and alleys to public use. A draft Notice of Completion was prepared and forwarded to the City on January 4, 1999. Filing of the Notice of Completion establishes the beginning of the two -year general warranty period for the project for Advanco Constructors. Delivery and installation of the permanent pumps on December 10, 1998 establishes the beginning of the ten -year warranty period for the ESSCO pumps. APPROVED CHANGE ORDERS Change Order No. 1: Construction Management Trailer A trailer was provided on a month - to-month basis until July 1, 1998 for a monthly cost of $495.91, which includes 15% O &M and 1% bond. Electrical power for trailer hookup and operation was provided along with telephone hookup. Change Order No. 2: Revised Phase II Scope of Work in Jade Avenue Phase 11 of the construction was redefined as all work to be performed in Jade Avenue between Sewer Station 1 +50 and Sewer Station 4+60. This work included, but was not limited to, all demolition, pipe work, dewatering and street improvements from Park Avenue to South Alley, The Contractor was allowed to shutdown Jade Avenue to traffic and parking. The Phase II period of construction was not to exceed 45 calendar days. Liquidated damages of $2,000 per day was to be assessed and an incentive bonus of the same daily amount will be awarded as identified in the Contract Documents after 45 calendar days. Phase 11 work in Jade Avenue commenced January 5, 1998, CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 3 n • • SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND FINAL PROJECT REPORT JANUARY 1999 Change Order No. 3: Remove and Transplant Two Palm Trees Removal of two palm trees on the north side of Park Avenue at the wet well site was deleted. The transplanting of two palm trees from the north side of Park Avenue at the wet well site to the median in Park Avenue at a location as directed by the City was added. The removal of the palm trees was required to construct the project and was included in the project construction plans. The residents of Little Balboa Island, through the public review process, requested that the two mature palm trees be transplanted to the median planter in Park Avenue near the bridge, rather than planting two smaller trees at that location. Change Order No. 4: Weather Delay & Holiday Time Extension On December 11, 1997, a one day time extension was granted due to high winds preventing sheet pile threading. A one day time extension for Advanco Constructors to work half -day on Christmas Eve and not to work on December 26, 1997 was granted to promote community relations. In addition, another one day time extension to promote community relations for Advanco to work half -day on New Year's Eve and not to work on January 2, 1998 was also granted. Change Order No. 5: Parking Notice Sign on Little Balboa Island A parking notice sign in the median of Park Avenue near the entrance to Little Balboa Island was installed. The parking notice sign was required to inform residents and visitors that between January 5, 1998 and March 1, 1998 parking permits will be required for public parking on Little Balboa Island. The sign provides public information about the parking restrictions and how residents and visitors may obtain parking permits. Change Order No. 6: Installation of Dezurik Eccentric Plug Valves Two 8 -inch Clow eccentric plug valves in the force main valve vault, three 8 -inch Clow eccentric plug valves and one 4 -inch Clow eccentric plug valve in the pump station valve vault were deleted. Installation of two 8 -inch Dezurik eccentric plug valves in the force main valve vault, three 8 -inch Dezurik eccentric plug valves and one 4 -inch Dezurik eccentric plug valve in the pump station valve vault was performed. Advanco Constructors, Inc. submitted Clow plug valves as "equal' equipment. The City of Newport Beach has standardized its plug valves throughout the City with Dezurik brand valves, and for maintenance purposes, requires that the valves on the Section 5 Sewage Pump Station be compatible with the existing valves in the system. A gear operator and 2 -inch nut was added to the 4 -inch valve to allow operation of the valve from the street with a key. Change Order No. 7: Temporary Removal of Water Line at Park Avenue & Jade Avenue Advanco Constructors requested to install at no cost one 6 -inch and one 4 -inch water line valve to be provided by the City at no cost. Advanco temporarily removed portions of the water lines at Park Avenue and Jade Avenue intersection during construction of the sewer and force main pipelines. In order to facilitate the project work the - CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3- 107-01 Page 4 Q �CWPORr 0 • ° - m SECTION 5 SEWAGE PUMP STATION ON LITTLE BAL6OA ISLAND FINAL PROJECT REPORT JANUARY 1999 City loaned pipe and fittings to Advanco to perform the work. Advanco agreed to return materials of the same make, model, and size supplied by the City no later than March 16, 1998. Advanco restored the water line to its original location prior to completion of the project using C -900, Class 200 PVC water pipe. Change Order No. 8: Revisions to Electrical Control Panel The City Utilities Department reviewed the specification for the electrical control panel and deleted various equipment items in the panel. Change Order No. 9: Weather Delay -Section 5 Pump Station The project completion date was adjusted for the weather - related loss of working days which occurred on January 29, 1998, and February 3, 6, and 9, 1998. The project duration was based on calendar days, so the project completion date was adjusted to include additional calendar days, as appropriate. Change Order No. 10: Weather Delay -Jade Avenue Construction The project completion date was adjusted for the weather - related loss of working days which occurred on January 29, 1998, and February 3, and 6, 1998. The project duration was based on calendar days, so the project completion date was adjusted to include additional calendar days, as appropriate. Change Order No. 11: Bonus For Early Completion of Jade Avenue -Phase II Construction The bonus for completion of the Jade Avenue portion of the project on February 16, 1998, seven days prior to the scheduled completion date of February 23, 1998. The bonus totaled $14,000 at the rate of $2,000 per day for the bonus. Change Order No. 12: Loss of Production Time from Encountering Unknown Underground Utilities On February 5, 1998 Advanco Constructors uncovered two previously unknown underground pipes in the vicinity of manhole no. 1 at Park Avenue and Jade Avenue. Trenching operations were shut down for one hour while the pipes were identified as abandoned and could be removed. The pipes were not identified on the construction plans. Change Order No. 13: Install a Sewer Service Connection from the Apartment at 127 E. Bay Front and Modify Sewer Manhole No. 6 A sewer service connection was installed to improve a previously constructed service for the apartments at 127 E. Bay Front. The original sewer service for the apartments connected directly to the main drain line for the house with a 90- degree elbow, creating a potential for plugging of the service line. Connection of the sewer service was performed on a time and materials basis. 0 CITY OF NEWPORT BEACH DANIEL BOYLE ENGWEEIUNG, INC. SECTION 5 SEWAGE PUMP STATION NO3- 107-01 Page 5 EWPpgT • SECTION 5 SEWAGE PUMP STATION ,Q ON LITTLE BALBOA ISLAND c � FINAL PROJECT REPORT JANUARY1999 Utility conflicts required the construction of a 48 -inch diameter manhole at manhole no. 6 at the north end of East Alley. The plans originally called for a 60 -inch diameter manhole to be installed. The contractor provided to the City a credit for the cost difference. Change Order No. 14: Weather Delay and Work on President's Day Holiday One working day time extension was requested and granted due to a weather - related delay on February 19, 1998. One working day time deletion to the project completion date was approved for allowing the Contractor to work on President's Day, February 16, 1998. President's Day is a holiday recognized by the City, but not by the Advanco Constructors or the labor unions. Change Order No. 15: Sheet Piling to Remain in Place at Pump Station The City directed Advanco Constructors to cut off the sheet piling at the pump station three feet below street grade and leave the sheet piling in place at the site. A time extension of three working days was added to the project completion date. Change Order No. 16: Installation of Parking Notice Sign on Little Balboa Island At the request of the Little Balboa Island Property Owner's Association the temporary permit parking notice sign in the median of Park Avenue near the entrance to Little Balboa Island was replaced to extend the effective date of the permit parking policy until further notice. The parking notice sign was required to inform residents and visitors that parking permits are required for public parking on Little Balboa Island. The sign provided public information about the parking restrictions and how residents and visitors may obtain parking permits. Change Order No. 17: Install Electrical, Telephone, and Cable TV Conduit in East Alley and Park Avenue The proposed Rule 20 utility undergrounding project scheduled for 1999 includes relocating all of the above ground electrical, telephone, and cable tv transmission lines and poles on Little Balboa Island underground. The City directed Advanco Constructors to install buried conduit for the overhead utilities in areas of Park Avenue and East Alley under construction for the Section 5 Pump Station project. Installation of the underground conduits prior to repaving for the Section 5 project will eliminate the future need to remove and replace portions of the new concrete pavement reduce and disruption to the residents. Change Order No. 18: Weather Delay/Damage from Seawater Intrusion The project completion date was adjusted due to weather - related loss of work days and damage caused by flooding from relatively high tides on March 25 and 30, 1998 and April 1, 1998. The high tides caused seawater to enter the excavation on March 30, 1998 and flooding from stormwater runoff from rainfall on April 1, 1998. This change order included time and materials costs to clean up damage from flooding. CRY OF NEWPORT BEACH DANA. BOYLE ENGwEauNG, Wc. SECFION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 6 u wP�gr 0 9 Q SECTION 5 SEWAGE PUMP STATION ON LITTLE BALEOA ISLAND FINAL PROJECT REPORT • JANUARY 1999 Change Order No. 19: Install Rule 20 Underground Utility Conduits and Structures The proposed Rule 20 utility undergrounding project scheduled for 1999 includes relocating all of the above ground electrical, telephone, and cable tv transmission lines and poles on Little Balboa Island underground. The City directed Advanco Constructors to install buried conduit for the overhead utilities in the areas of Park Avenue, Jade Avenue and South Alley under construction for the Section 5 Pump Station project. Installation of the underground conduits prior to repaving for the Section 5 project will eliminate the future need to remove and replace portions of the new concrete pavement and reduce disruption to the residents. This change order includes an extension of five working days and two calendar days to the project completion date. Change Order No. 20: Install 1" conduit from Section 5 Control Panel to Sea Wall for Tidal Gauge on Public Dock The City requested that Advanco Constructors install a one -inch PVC coated, galvanized steel conduit from the Section 5 control panel to the end of Park Avenue and through the sea wall. The conduit will connect a sonic meter to be mounted at the public dock with instrumentation and communication equipment in the Section 5 control panel. The City will be able to continuously monitor tide levels via the City SCADA system. . Change Order No. 21: Modify Orientation of Plug Valve and Fabricate Valve Handle, Revise Water Service Connection and Eliminate Backflow Preventer Limited space in the pump station valve vault required that the center plug valve be rotated on its side and a specially shaped valve handle be fabricated to clear adjacent piping and valves and provide a full field of travel for the valve operating nut. The use of soft solder connections on work done previously by Advanco Constructors on the two -inch water service was rejected. A one -inch service was installed at another location on the water main to replace the abandoned 2- inch service. Credit for labor was provided to the City for not installing the backflow preventer. The backflow preventer was delivered to the City operations department. Change Order No. 22: Modifications to Force Main and Valve Vault in South Alley, Delays from existing Sea Wall Tieback and Storm Drain Catch Basin, and Credit for not Removing fill concrete Revisions to the force main and valve vault in South Alley included raising the force main grade, decreasing the valve vault depth, increasing the vault size, and changes to fittings, pipe stands, etc. The air /vacuum valves were deleted. Additional labor and materials were required by Advanco Constructors due to the location of the sea wall tieback and the storm drain catch basin. The plans showed these obstacles to be far enough away from the new force main . alignment to require minimal effort to protect them during construction. The sea wall tieback was uncovered and CrrY Or NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 7 ��EWPpRT • SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND 0 FINAL PROJECT REPORT • JANUARY 1999 determined to be located between the two force mains. The corner of the catch basin was located above one of the force mains. A credit to the City was provided for not having to remove fill concrete shown on the plans at the old force main valve vault under the sidewalk at the sea wall. Change Order No. 23: Modifications to Sewage Pumps Motor Size, Motor Starters, and Power Cables The motor size on the two large sewage pumps was increased from 15 hp to 25 hp in order to provide future flexibility in operation and to allow for changes to the pumping system which may require additional power for the pumps. Increasing the motor size required that the motor starters and power cables be upgraded to match the motor horsepower. Due to problems with casting the two large pumps which resulted in poor operating efficiencies, Advanco and their pump supplier agreed to provide at no additional cost two cast -iron pumps on an interim basis until the permanent, stainless steel pumps can be remanufactured, delivered, and installed. Change Order No. 24: Remove and Replace Concrete Pavement at Gas Line Relocations, and Credit for Damage to Beaches Caused by Dewatering System The City requested that Advanco Constructors remove and replace concrete and temporary asphalt in East Alley and South Alley at areas where the gas line was relocated in December, 1997 in support of the Section 5 project. The work was done in coordination with other pavement removal and replacement work on the project. The discharge from the contractor's dewatering system caused erosion of the beaches at the east end of Park Avenue and the south end Jade Avenue. Erosion of the beach sand caused material to be deposited under public and private docks. Material was dredged from under docks and returned to the beach areas. A credit was provided to the City for a portion of the cost of the dredging operation. Change Order No. 25: Extra Work to Demolish and Remove Valve Vault and Abandoned Force Main, Construct Access Hole in Roof of Existing Pump Station Advanco Constructors excavated an old, abandoned force main valve vault and force main in South Alley. Demolition of the force main and valve vault was required in order to proceed with construction of the new force main. In addition, the gas line to be relocated in the east end of South Alley was not relocated as shown on the plans and interfered with construction of the new force main. The City requested that Advanco Constructors core drill a 30 -inch diameter hole in the roof of the old pump station above the pumps in order to provide interim access to the equipment in the pump station following installation of • the 18 -inch force main casing pipe through the pump station walls. CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INc. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 8 ��aEWPOgT SEC 1ON 5 SEWAGE PUMP STATION ON LITTLE BALHOA ISLAND FINAL PROJECT REPORT JANUARY 1999 Change Order No. 26: Reduce Diameter of South Alley Manholes, Utility Support for Utility Obstructions, and Weather Delay Time Extension Advanco Constructors requested that the 60 -inch diameter manholes in South Alley be reduced to 48 -inch diameter in order to avoid utility conflicts during construction. All revised manholes are less than twelve feet deep. City standards require manholes twelve feet or deeper to be 60 -inch diameter. Credit was given to the City for the reduced manhole size. A power pole approximately two feet from the gravity sewer alignment in South Alley and a gas service line for 106 Jade Avenue were not shown on the plans. Support from Southern California Edison to hold the power pole during construction of the gravity sewer and temporary relocation of the gas service was required by Advanco Constructors. Time extensions due to rain on May 5, 1998 and May 13, 1998 were granted. Change Order No. 27: Install Power Cables from Meter to Control Panel, Modify South Alley Valve Vault, Delete Landscape Restoration . The plans show that Southern California Edison (SCE) was to pull the power cables through the conduit from the meter pedestal to the control panel in Park Avenue. SCE normally does not install cable on the customer side of the meter and refused to do so on this project. Advanco Constructors installed the power cable on a time and materials basis. The top of the force main valve vault in South Alley was constructed too low based on the approximate finish elevation shown on the plans. One of the vault rings was removed and replaced with a taller section that sloped in the direction of the finished alley grade to match the alley flow line and garage approach at 1810 S. Bay Front. The City paid for a new vault section. Advanco Constructors paid for all labor to remove and replace the vault section. The landscape restoration work in the median in Park Avenue was deleted from the contract and a credit provided to the City. Landscape restoration work will be performed by the City landscaping contractor as part of the City landscape improvement plan for the area. Change Order No. 28: Modify Portable Generator and Install Ladder -Up Safety Posts The City requested that the 100kVA portable generator supplied with the project be modified to allow its use at the Cameo Shores Pump Station (200 amp) as well as at the Section 5 Pump Station (100 amp). Modifications include installing a 100 amp 3 -pole circuit breaker and 200 amp receptacle. Forty feet of 200 amp power cord was also supplied. A forty-foot 100 amp cord was supplied by the City and credit for it given to the City by Advanco. Installation of two "Ladder -Up" safety poles manufactured by Bilco was added at the suggestion of Advanco . Constructors. The safety poles were installed at the pump station manway hatch and in the South Alley valve vault. CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 9 Q eEw ><w> 0 SECTION 5 SEWAGE PUMP STATION 6 P = ON LITTLE BALBOA ISLAND C ~ P �< /POPPY 0 FINAL PROJECT REPORT I Elm L119 Change Order No. 29: Revisions to Pump Station Valve Discharge Piping and Valve Vault Hatch Revisions to plan sheets 3, 13, 16, 20, and 28 made on December 29, 1997 included enlarging the stainless steel access hatch, installing 1 -inch vent piping between each discharge pipe in the valve vault and the pump station, and reconfiguration of the 4 -inch bypass piping. Revisions to the plans were made to provide better pump operation and access to the bypass piping. A one day time extension for construction of the vent piping was included in the change order. Change Order No. 30: Bonus for Early Completion of Project Bonus earned for reaching substantial completion of project forty-five (45) days prior to the scheduled completion date. In accordance with Special Provision 1 -5, the bonus for each calendar day completed in advance of the scheduled completion date is $2,000 per day. The project completion date was August 8, 1998 after adjustments for weather delays and extra work added during the course of construction. Advanco Constructors substantially completed the project on June 24, 1998. Substantial completion of the project included installation of all underground piping, testing and placing the new pump station in operation, demolishing the old pump station, replacing pavement, and opening streets and alleys to public use. Change Order No. 31: Abandon Two-Inch Fire Hydrant Service Line in South Alley and Relocate Street Light Junction Box The plans show the two -inch fire hydrant at the old pump station site in South Alley to be removed with a connection to the water main located in a section of water main to be abandoned. The hydrant connection was actually located outside area of the abandoned water line and required additional effort to locate and abandon the water line, and remove and replace alley concrete. The contractor potholed the fire hydrant and the connection to the water main and abandoned the service line at the water main. Work was performed on a time and materials basis. The street light junction box was constructed in the center of the driveway to 111 E. Bayfront at the direction of the SCE inspector. Future construction of a street light at that location would have blocked driveway access for the residence, so the junction box was relocated to the former fire hydrant location next to the existing power pole. Work was performed on a time and materials basis. Change Order No. 32: Install Seals in Pump Station Hatches, Install Sewer Drop Pipe and Screen in Pump Station The City directed Advanco Constructors to install strips of neoprene rubber to the underside of the hatches at the pump station. The rubber strips are being installed to seal against the inside hatch frame lip. Work was performed on a time and materials basis. CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 10 • L J 0 Q�OWPORT • �m SECTION 5 SEWAGE PUMP STATION r ON LITTLE BALDOA ISLAND ��FOPY 0 FINAL PROJECT REPORT JANUARY 1999 The City directed Advanco Constructors to fabricate and install in the pump station sump a PVC drop structure consisting of a 12 -inch tee, pipe, and 45- degree elbow. The tee was bolted to the pump station wall at the end of the influent sewer line. Sewer influent flow is directed downward to a point submerged below the normal low water surface elevation in the sump. The basket strainer was removed and two stainless steel screens were bolted to the lower part of the basket strainer frame. Work was performed on a time and materials basis. The City directed Advanco Constructors to apply silicone caulk and Rap-0 Seal sealant to the pump station hatches. The City directed Advanco Constructors to modify the wet well exhaust vent stack in the Park Avenue median by cutting it off at grade, removing the solvent weld fitting, installing reducer bushings to reduce the outlet diameter from 12 inches to 6 inches, installing a 6 -inch PVC 90- degree elbow, and connecting to a drum filter of activated carbon provided by the City. Change Order No. 33: Modify Sewer Drop Pipe in Pump Station Wet Well, Relocate Low -Level Float Switch Mounting Bracket in Wet Well, Electrical Sub - Contractor Extra Work Claim Resolution • The City directed Advanco Constructors to further modify the sewer drop pipe in the pump station wet well. The stainless steel screen was removed and the sewer pipe discharge was extended to the wet well sump floor and a 45- degree elbow was attached to direct influent sewer flows to the bottom of the wet well sump. Work was performed on a time and materials basis. The City directed Advanco Constructors to relocate the existing stainless steel low -level float switch bracket on the wall of the pump station wet well to improve operation of the pump station. Work was performed on a time and materials basis. The electrical sub - contractor, Beard Electric, submitted a claim for extra work to place red -oxide concrete encasement in single and dual conduit trenches in Park Avenue. Contractor claimed a discrepancy between plans and standard SCE specifications. The City does not recognize the validity of the claim, but to avoid further administrative costs agreed to pay fifty percent of the claim amount. Table 1 is a summary of the change orders to date required for the completion of the pump station project. CITY OF NEWPORT BEACH DANIEL BOYLE ENGNEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3.107 -01 Page 11 0 Q 2iWYOgT SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND C O 0 FINAL PROJECT REPORT JANUARY1999 TABLE 1 SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND CHANGE ORDER SUMMARY DESCRIPTION COST Change Order No. 1 Trailer on a month - to-month basis up to July 1, 1998 $3,496.12 Electrical power hookup 348.44 Telephone hookup to trailer 569.14 Subtotal $4,413.70 Change Order No. 2 Revised Phase 11 Scope of Work & Period of Construction in Jade Avenue 0.00 Change Order No. 3 Delete removal of 2 palm trees on the north side of Park Avenue $<1,198.00> Add transplanting of 2 palm trees from north side of Park Ave. to median in Park Ave. 5.601.59 Subtotal $4,403.19 Change Order No. 4 One day time extension due to high winds on December 11, 1997 0.00 One day time extension to not work on December 26, 1997 0.00 One day time extension to not work on January 2, 1998 0.00 Change Order No. 5 Installation of parking notice sign in the median of Park Avenue $319.24 Change Order No. 6 Delete five 8" and one 4" Clow eccentric plug valves $ <3,061.20> Install five 8" and one 4" Dezurik eccentric plug valves 6.152.45 Subtotal $3,091.25 Change Order No. 7 Install one 6" and one 4" water line valve and temporarily remove water line 0.00 Change Order No. 8 Revisions to electrical control panel $ <17,633.20> Change Order No. 9 Eight calendar day time extension for weather - related delays to Section 5 Pump Station 0.00 Change Order No. 10 Five calendar day time extension for weather - related delays to Jade Avenue work 0.00 CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 12 i i 0 0 0 EWPpgT • SECTION 5 SEWAGE PUMP STATION ON LITTLE BAL130A ISLAND w 7�-(PORR,P 0 FINAL PROJECT REPORT JANUARY1999 TABLE 1 SECTION 5 SEWAGE PUDIP STATION ON LITTLE BALBOA ISLAND CHANGE ORDER SUMMARY DESCRIPTION COST Change Order No. 11 Bonus for early completion of Jade Avenue - Phase 11 Construction $14,000.00 Change Order No. 12 Loss of production time from encountering unknown underground utilities $574.01 Change Order No. 13 Install sewer service connection from apartments at Lewis house(127 E. Bay Front) $1,221.49 Modify manhole no. 6 :S 6.6 Subtotal $ 344.81 Change Order No. 14 One day time extension for weather - related delay to Section 5 Pump Station 0.00 One day time deletion for working on President's Day holiday 0.00 Change Order No. 15 Sheet piling to remain in place at pump station $25,000.00 Three day time extension for additional work on Section 5 Pump Station 0.00 Subtotal $25,000.00 Change Order No. 16 Replacement of parking notice sign in the median of Park Avenue $341.49 Change Order No. 17 Install electrical, telephone, and cable TV conduit in East Alley $1,476.63 Install electrical, telephone, and cable TV conduit in Park Avenue 2,937.70 Subtotal $4,414.33 Change Order No. 18 One day time extension due to rain on March 25, 1998 0.00 Calendar day adjustment of two days on July 25 -26, 1998 0.00 One day time extension due to seawater intrusion on March 30131, 1998 0.00 Labor and equipment for cleanup from seawater intrusion $1,008.18 One day time extension due to flooding of site on April 1, 1998 0.00 Subtotal $1,008.18 CITY OF NEWPORT BEACH SECTION 5 SEWAGE PUMP STATION DANIEL BOYLE ENGINEERING, INC. NO3 -107-01 Page 13 na- SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND TABLE 1 FINAL PROJECT REPORT JANUARY 1999 SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND CHANGE ORDER SUMMARY DESCRIPTION COST Change Order No. 19 Install electrical, telephone, cable TV conduit and vaults in Park Avenue, Jade Avenue, $27,094.00 East Alley, and South Alley Five day time extension for underground conduit work 0.00 Calendar day adjustment of two days on August 1 -2, 1998 0.00 Subtotal $27,094.00 Change Order No. 20 Install 1 -inch conduit from Section 5 control panel to sea wall for tide gauge $3,472.00 Change Order No. 21 Rotate plug valve and fabricate special valve operator handle $719.56 Replace 2" water service with 1" service, eliminate backflow preventer <80.00> Subtotal $639.56 Change Order No. 22 Modifications to force main, valve vault, and mechanical details in South Alley $7,986.00 Sea wall tieback and catch basin obstruction 1,717.00 Credit for not removing fill concrete from valve vault <410.00> Subtotal $9,293.00 Change Order No. 23 Increase motors, motors starters, and power cables from 15 hp to 25 hp on three peak $7,071.07 now pumps Install interim cast iron submersible pumps and install final pumps upon delivery 0.00 Subtotal $7,071.07 Change Order No. 24 Remove and replace 207 sq ft of concrete pavement in South Alley east of Jade Avenue $ 4,101.91 Remove and replace 400 sq ft of concrete pavement in East Alley north of Park Avenue 5,730.65 Credit for damage to beaches at end of Park Avenue and Jade Avenue LI 500.00> Subtotal $8,332.56 Change Order No. 25 Extra work to demolish/remove abandoned valve vault and force main in South Alley $3,285.75 Core drill 30" hole in roof of old pump station 1,739.90 Subtotal $5,025.65 • CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERAIo, INC. SECTION 5 SEWAGE PUMP STATION NO3- 107 -01 Page 14 ?FpgT • 0 F SECTION 5 SEWAGE PUMP STATION � ON LITTLE BALBOA ISLAND FINAL PROJECT REPORT JANUARY 1999 TABLE 1 SECTION 5 SEWAGE PUaIP STATION ON LITTLE BALBOA ISLAND CHANGE ORDER SUMMARY DESCRIPTION COST Change Order No. 26 Reduce manholes from 60" diameter to 48" diameter $ <1,573.10> Utility support from SCE and Gas Company 3,220.84 One day time extension due to rain on May 5, 1998 0.00 One day time extension due to rain on May 13, 1998 0.00 Subtotal $1,647.74 Change Order No. 27 Install power cable from meter pedestal to control panel in Park Avenue $1,825.95 Modify South Alley valve vault to match alley slope for drainage and garage approach 1,255.58 Credit to City for deleting landscape restoration in Park Avenue median LI 423.50> Subtotal $1,658.03 Change Order No. 28 Modify 100kVA generator to operate Cameo Shores pump station $2,413.34 Install Bilco "Ladder -Up" safety post ladder extensions 1.426.60 Subtotal $3,839.94 0 Change Order No. 29 Modify pump station valve vault hatch, vent piping, and 4" bypass piping configuration $2,624.63 One day time extension for installing vent piping on pump discharge pipes 0.00 Subtotal $2,624.63 Change Order No. 30 Bonus earned for early substantial completion of project $90,000.00 Change Order No. 31 Locate fire hydrant service connection in South Alley, abandon 2" line, relocate street $1,940.39 lighting junction box Change Order No. 32 Install 1/4 -inch thick neoprene seals on the undersides of the pump station hatches $1,051.28 Seal three pump station hatches and manhole no. 1 with caulk 371.06 Install sewer drop pipe and stainless steel screens in pump station wet well. 5,626.83 Remove pump station exhaust air vent stack, install 6 -inch dia. 90- degree elbow and attach to flex hosing to activated carbon cannister. 754.20 Subtotal $7,803.37 CRY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3- 107-01 Page 15 n• • SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND FINAL PROJECT REPORT JANUARY1999 TABLE 1 SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND CHANGE ORDER SUMMARY DESCRIPTION COST Change Order No. 33 Modify sewer drop piping in pump station wet well $ 764.31 Relocated stainless steel low -level float switch bracket in pump station wet well . 143.03 Beard Electric resolution of claim for extra work for concrete encasement of conduits 869.02 Subtotal $1,776.36 SUMMARY Approved Change Order Total Original Contract Amount PROPOSED TOTAL CONTRACT AMOUNT PROJECT SAFETY $ 212,495.30 (12.76 %) 1.665.150.00 $1,877.645.30 Construction areas were fenced and barricaded throughout the project in order to keep residents and visitors safely out of harm's way. Advanco Constructors, Inc., the Contractor, was responsible for site safety and placed a very high importance on site safety per OSHA requirements. No accidents were reported at the project site throughout the duration of the project. An accident at the staging area was reported to have occurred on January 7, 1998 when a crane tipped over while unloading a clamshell bucket from a flatbed trailer. Injuries to the operator consisted of a broken ankle. The accident was attributed to operator error with too much boom for the load being lifted. The operator, Mr. Steve Guidas, was authorized to operate this equipment. CITY OF NEWPORT BEACH DANIEL BOYLE ENGINIDtnJG, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 16 E 0 I 1 u u 0 0 ,tEWPp� Q SECTION 5 SEWAGE PUMP STATION � b i ON LITTLE BALBOA ISLAND C�CIPOR�`' XG kvA110Vr&901w: 111rMy 0 FINAL PROJECT REPORT JANUARY1999 Residents were kept fully informed of the project progress and schedule through various means. The construction schedule was posted on the dewatering tank at the end of Park Avenue and provided an overview of the construction schedule. The project team worked closely with the Little Balboa Island Property Owner's Association to distribute information to residents through the Property Owner's Association monthly newsletter. The onsite construction representative fielded questions at the jobsite and by telephone at the construction management trailer. In spite of the general disruption and the parking and traffic inconvenience, residents have expressed their appreciation for the work that Advanco Constructors has done to maintain the project site in a clean and orderly manner, and the respect and demeanor towards the residents displayed by the construction workers. PROJECT STATUS PHOTOS The following photographs depict various elements of construction from April, 1998 to substantial project completion in June, 1998 and final project completion at the end of 1998: ?` PARK AVENUE (APRIL, 1998): A 30 -ton crane and flatbed tractor /trailer was { used to transplant two palm trees from the project site to the median in Park Avenue near the bridge. Survival rate for the transplanted palm trees was 50 percent. I _ CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3 -107 -01 Page 17 • n U • • • �gWPORT SECTION 5 SEWAGE PUMP STATION ON Lrrn.s BALBOA ISLAND FINAL PROJECT REPORT IN S9Y,■ 7; ! r 1 I- a JANUARY1999 PUMP STATION VALVE VAULT (APRIL, 1998): The pre -cast concrete valve vault next to the pump station in Park Avenue was delivered in five pieces. Half of the bottom slab is being lowered into position with an 80 -ton crane. PUMP STATION VALVE VAULT (APRIL, 1998): The upper section of the pre -cast concrete valve vault in Park Avenue is being lowered and guided into position. CITY OF NEWPORT BEACH SECTION 5 SEWAGE PUMP STATION DANIEL BOYLE ENGINEERING, INC. NO3- 107 -01 Page 18 °� om SECTION 5 SEWAGE PUMP STATION rs i ON LITTLE BALBOA ISLAND • C�(IFOP�`C FINAL PROJECT REPORT JANUARY1999 ilk �l A PUMP STATION VALVE VAULT (APRIL, 1998): The soil backfill and compaction operation around the pump station valve vault in Park Avenue. The sheet piling was later cut off to three feet below grade. • PUMP STATION (MAY, 1998): The electrical contractor is placing a colored (red oxide) concrete slurry mix over the electrical conduits between the control panel, pump station, and valve vault. The colored concrete slurry identifies the electrical conduit bank and protects the conduits from damage if future excavation is performed in the area. 4 • PUMP STATION CONTROL PANEL (MAY, 1998): View of the stainless steel control panel, wiring, and electrical controls at Park Avenue. CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION S SEWAGE PUMP STATION NO3 -107 -01 Page 19 • n U • Q aEWPpRT SECTION 5 SEWAGE PUMP STATION ON LITTLE BALHOA ISLAND FINAL PROJECT REPORT JANUARY1999 PUMP STATION WET WELL (MAY, 1998): A single 5 horsepower submersible sewage pump and a pair of 25 horsepower submersible sewage pumps as installed prior to beginning testing of the pump station. The two large pumps are temporary units to be replaced with stainless steel models prior to final acceptance of project. SOUTH ALLEY SEWER FORCE MAIN (APRIL, 1998): Installation of the 8 -inch sewer force main in the steel casing pipe previously installed through the old pump station in South Alley. Yelomine restrained joint PVC sewer pipe was used in the majority of the sewer force main construction. CITY OF NEWPORT BEACH SECTION 5 SEWAGE PUMP STATION DANIEL BOYLE ENGINEERING, INC. NO3- 107-01 Page 20 • • � P�POHr SECTION S SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND FINAL PROJECT REPORT ( spy JANUARY 1999 —.f SOUTH ALLEY SEWER FORCE MAIN Y, 1998 View looking east of the sewer force main connection to the sewer force main under the channel. �+ Temporary bypass piping was used during construction to allow removal of the J _ >, existing force main and installation of the South Alley valve vault while the old pump station remained in operation. SOUTH ALLEY SEWER FORCE MAIN VALVE VAULT (JUNE, 1998): The pre -cast concrete South Alley force main valve vault was delivered to the site in several pieces. One of the vault rings is being lifted by the truck- mounted crane and set in place. CITY OF NEWPORT BEACH SECTION S SEWAGE PUMP STATION V DANIEL. BOYLE ENGINEERING, INC. NO3- 107 -01 Page 21 • • r 1 U agWPOR� SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND 07< /FOPP� C7 FINAL PROJECT REPORT JANUARY1999 �11 Y OLD PUMP STATION IN SOUTH ALLEY (JUNE, 1998): The old pump station at South Alley and East Alley was demolished. The steel casing pipe installed earlier to carry the sewer force main can be seen. Older style square reinforcing steel was seen throughout the pump station structure. # M' Following demolition of the deck and upper portion of the walls of the old pump station, the remainder was filled with a concrete slurry mix. a PARK AVENUE STREET REPLACEMENT (MAY, 1998): Concrete is being placed on the north side of Park Avenue at i the end of the street. Street pavement in Park Avenue was j es replaced with an 8 -inch thick concrete section. o: i J SOUTH ALLEY STREET REPLACEMENT (JUNE, 1998): View looking east while a 6 -inch thick layer of concrete pavement is being placed in South Alley. Much of the concrete pavement was placed using a small concrete pumper due to inaccessibility at the end of the alley. CITY OF NEWPORT BEACH DANIEL BOYLE ENGINEERING, INC. SECTION 5 SEWAGE PUMP STATION NO3- 107 -01 Page 22 �WPORT �° mm SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND • C"�<IPORH,' FINAL PROJECT REPORT JANUARY 1999 SOUTH ALLEY (JUNE, 1998): View of South Alley looking east after the street pavement has been replaced and the alley has been opened to public use. • PARK AVENUE (JUNE, 1998): View of Park Avenue from the sea wall after the street pavement has been replaced and the street has been opened to the public. The pump station access hatches are in the center of Park Avenue. CITY OF NEWPORT BEACH SECTION 5 SEWAGE PUMP STATION DANIEL BOYLE ENGINEERING, INC. NO3- 107 -01 Page 23 April 27,1999 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 -0238 Attached for recordation is the Notice of Completion for Contract No. C -2975, Section 5 Sewage Pump Station on Little Balboa Island. Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Attachment 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Advanco Constructors of Upland California (a division of Zurn Constructors, Inc.), as Contractor, entered into a Contract on October 27, 1997. Said Contract set forth certain improvements, as follows: Section 5 Sewage Pump Station on Little Balboa Island, C -2975 Work on said Contract was completed on June 24, 1998, and was found to be acceptable on April 26, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The American Insurance Company. City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ��� y, / 919 at Newport Beach, California. BY E t}nn. M, /1C o�NEWpb�l City Clerk u C- ,7s A 0 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) PUMP STATION REPLACEMENT THIS AGREEMENT, entered into this 27 day of October, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and DANIEL BOYLE ENGINEERING, INC., a California Corporation whose address is 23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City is planning to commence construction of a sewer pump station replacement on Little Balboa Island ( "Project'). C. City desires to engage Consultant to provide construction management services during construction of the pump station, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of this Project are Thomas B. Hooker, P.E. and Robert J. Ohlund, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. Professional Services Agreement for Coo—ruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 2 NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the 27th day of October 1997, and shall terminate in June 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of One hundred seventy -seven thousand, nine hundred twelve dollars ($177,912). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice subject to the approval of the Project Administrator and based upon the following payment schedule as stated in Exhibit "B ". 3.3 Consultant shall not receive any compensation for.extra work without prior written authorization City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". Professional Services Agreement for Auction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 3 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. • Professional Services Agreement for Cotruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 4 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, the City's project contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of the City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of • Professional Services Agreement for Atruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 5 the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Robert J. Ohlund, P.E., to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. • Professional Services Agreement for A,truction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 6 8. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 9. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 10. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 11. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. Professional Services Agreement for Atruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 7 12. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. • Professional Services Agreement for J41truction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 8 Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. • Professional Services Agreement for CclRStruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 9 14. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 16. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. • Professional Services Agreement for CaIR'truction Management Services for the Little Balboa Island (Sectioi: 5) Pump Station Replacement Page 10 B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 17. ADMINISTRATION This Agreement will be administered by the Publics Work Department. Michael J. Sinacori, P.E. shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 19. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall have an • Professional Services Agreement for CaRS'truction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 11 immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 21. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 22. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. • Professional Services Agreement for Cotruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 12 23. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Michael J. Sinacori, P.E. City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3342 Fax 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Robert J. Ohlund, P.E. Daniel Boyle Engineering, Inc. 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 Telephone (714) 768 -2600 Fax (714) 586 -5188 24. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such • Professional Services Agreement for totruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 13 default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 25. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 26. WAIVER A waiver by either party 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 a different character. 27. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. • Professional Services Agreement for Auction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: — wlj'4�� - R bin Clauson Assistant City Attorney ATTEST: f p LaVonne Harkless City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 (714) 644 -3308 FAX City of Newport Beach a municipal corporation Daniel Boyle Engineering, Inc. a California Corporation ob �I Vice President Daniel Boyle Engineering, Inc. 23231 South Point Drive, Suite 103 Laguna Hills, CA 92653 (714) 768 -2600 (714) 586 -5188 EXHIBIT A SCOPE OF SERVICES 0 CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) SEWER PUMP STATION REPLACEMENT The Consultant shall be responsible for complete construction management services relative to the construction of the Little Balboa Island (Section 5) Sewer Pump Station Replacement. The Consultant shall provide a project manager /engineer to oversee the project at the job site throughout the duration of the construction. The City anticipates the project will take eight (8) months to complete. The minimum scope of work and primary tasks required for this project are as follows: PRECONSTRUCTION SERVICES A. Startup Field Office The City will provide a field office in a construction trailer located near the site. Office furniture, equipment, telephone and electrical services will be provided by the consultant. The construction manager will return the trailer in good condition. If the trailer is damaged or destroyed during construction, it will be the responsibility of the construction manager to replace all damaged or destroyed items to the satisfaction of the City. B. Establish Computer Based Communications The City will provide the construction manager with access to a computer tied to the City's computer network. 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. C. Pre - Construction Meeting Work with the City's project manager to coordinate, schedule and conduct the pre - construction meeting. Isl Wt "A: Professional Services Agreement. for Atruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 2 CONSTRUCTION SERVICES Establish and implement a continuous program to monitor construction activities, including the following: 1. Provide daily updated reports to the Utilities Engineer either by voice main, e-mail or daily construction reports. 2. Log and track all shop drawing submittals with respect to the City, design consultant and the contractor. 3. Observe all construction and coordinate observation of specialty construction in accordance with the project plans and specifications. 4. Observe all major materials deliveries to the site 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. Record by video tape and photography all private and public owned improvements in the field and collect other field data (specify in the proposal) as required to adequately document before, during and after construction conditions. Each home within 500 feet of the project site will be video taped by the City's Risk Management Division. A representative of the construction manager will be present during the home survey. 7. 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. 8. Conduct weekly project meetings, including scheduling and documenting weekly meetings with the contractor, City and design consultants to discuss project progress and intended progress for the coming week. 9. Coordinate construction survey, contractor's survey requests, and track and schedule construction surveying. Monitor survey provided to the contractor and notify the contractor in writing of requests for restaking which will be the contractor's financial responsibility. Provide an option for the construction manager to provide survey service. *it "A: Professional Services Agreement. for Cetruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 3 10. Coordinate construction activities with local residences, including attending partnering meetings with the City, design consultant and local residences regarding construction activities related to the Section 5 Sewage Pump Station. Monthly meetings will be held with the residential partners. The construction manager shall chair these monthly meetings and other required residential partnering meetings. In addition, the local homeowners association publishes a monthly newsletter. It will be the construction manager's responsibility to write a monthly update article to be included in the monthly newsletter. 11. Coordinate with the City of Newport Beach Building Department inspection staff and specialty inspectors, coordinate contractor's inspection requests, track, schedule and monitor all inspections. 12. Coordinate soils compaction testing, coordinate contractor's compaction test requests, track, schedule and monitor soils compaction testing. 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 design consultant on all technical matters. Review change orders for merit, prepare change orders for City review and approval, and apprise the City of the cumulative effect of the change orders and time extensions. 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. Monitor and review 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. Notify the City and the contractor of actual or potential deviations from the most recently- approved schedule. Pro - actively work with the contractor and the City to identify possible schedule setbacks. 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; and make appropriate recommendations to the City on payment issues. Provide a summary report of work performed during each payment period. Lit "A: Professional Services Agreement. for Cal'lStruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 4 17. Provide document control including processing and filing all project correspondence and documents, drawings, etc., in accord with the procedures manual. 18. Monitor the contractor's safety program including observing the implementation of the contractor's safety program and report observed deviations from this 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 his own employees. The construction manager will not be required to work or inspect any of the contractor's 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. III. PROJECT CLOSE OUT A. Coordinate with City staff, design consultants and the 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 a punch list of deficiencies and follow -ups. 3. Observe the contractor's successful completion of all work required by the punch list. 4. The construction manager shall maintain a record of all changes made during construction, and periodically (at least monthly) review the contractor's records to assure the contractor keeps a record of changes in accord with the specifications. 5. Obtain the contractor's records of changes during construction (as- builts). 6. Coordinate the production of record drawings with the design consultants. Review all completed record drawings and make recommendations to the City on acceptance. 7. Witness and document delivery of all spare parts and similar items from the contractor to the City as required by the contract documents. 8. Obtain from the contractor any written documents required by the contract for project close -out. Lit "A: Professional Services Agreement. for Cotruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 5 9. Deliver all project records to the City in accord with the procedures manual at the end of the project. 10. Remove all equipment and items belonging to the construction manager from the field office. E EXHIBIT B COMPENSATION SCHEDULE 0 CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) SEWER PUMP STATION REPLACEMENT A. In consideration of the specified services, the City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall compensation be greater than the amount of One hundred seventy -seven thousand, nine hundred twelve dollars ($177,912), Inclusive of the subcontract services and mark -up defined herein, except as otherwise provided for herein below: B. Fee Schedule personnel hourly rates Managing Engineer ............... ............................... $115.00 an hour Principal Engineer .................. ............................... 110.00 an hour Senior Engineer I ...................... ............................... 93.00 an hour Senior Engineer ........................ ............................... 83.00 an hour Associate Engineer II ................ ............................... 79.00 an hour Assistant Engineer II ................. ............................... 62.00 an hour Construction Representative .... ............................... 62.00 an hour CAD Specialist .......................... ............................... 62.00 an hour Senior Designer ........................ ............................... 60.00 an hour Designer ......... ............................... ..........................58.00 an hour Other Supplies and Outside Services Actual Cost Plus 15% It is understood and agreed that the aforementioned rates and charges include all normal clerical and stenographic services, auto travel, equipment and materials used in connection with the production of the required engineering services. Monthly billings will be furnished for all services rendered. Payments shall be due and payable upon presentation of invoices. Subject to general revision January 1, 1998. 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 Administrator for the City. 0 0 D. Included in the not -to- exceed fee, the City agrees to reimburse Consultant for the actual cost (plus 10 %) not to exceed $11,300.00 for all outside expenses including: reproduction for copies of plans, reports and related documents; material costs authorized in advance by the Project Administrator for the City; and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. 1. Consultant shall provide written records (originals) of all expenses incurred and shall report all hours expended in the performance of his duties and tasks on a monthly basis. The City agrees to pay Consultant within thirty (30) calendar days of receipt of said records and summary. 2. 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 shall be paid on the "Fee Schedule" herein above. • CERTIFICATE OF INSURANCE • This certifies that ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois insures the following policyholder for the coverages indicated below. Name of policyholder Daniel Boyle_ Engineering, Inc. Address of policyholder Location of operations 23231 South Pointe Drive Laguna Hills, CA 92653 SHARON YOCUM, Agent Lic. #0562504 25283 Cabot Road, Suite 113 Laguna Hills, California 92653 Bus. 714 -837 -9777 Description of operations Section 5 Pump Station Design & Bidding The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any Daid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date Expiration Date at beginning of policy period) Comprehensive BODILY INJURY AND 92- 13- 2251 -0 Business Liability 3 -23 -97 1 3 -23 -98 PROPERTY DAMAGE This insurance includes: ❑ Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $1,000,000 ❑ Personal Injury ❑ Advertising Injury General Aggregate $2,000,000 ❑ Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $2 F 000 , 000 ❑ General Aggregate Limit applies to each project POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) 92 -61- 5225 -0 ®Umbrella Each Occurrence $1- 000,000 ❑ Other 5 -7 -97 5 -7 -98 Aggregate $ 1 - 000 , 000 Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date Expiration Date (at beginning of policy per CORRECTED 11 -7 -97 Name and Address of Certificate Holder City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder days before cancellation. If, however, we fail to mail such notice, no obligation or liability will be imposed on State Farm or its agents or representatives. ♦� f 558 -994 a 2 -90 Printed in U.SA. // - '� — / 7 586 5188 DET 78-199; 12 :25 FROM NIEL d►er"D,�CERTIFICAT roF BOYLE ENGR. TO INSURANCE 6443316 P.01 BSIIE PATE wMwv YY) 12/23/97 'R cc^ THIS CERTIFlCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RKiHTS UPON THE CERTIFICATE NOLDEFL THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PouaES BELOW. ARTS TNS SERVICES COMPANIES AFFORDING COVERAGE 2101 BUSINESS CTR DR #230 IRVINE CA 92612 Comp"" A T. I G INSURANCE CO COMP LETTER B RECEiVEU PISUNEO T I G INSURANCE CO DANIEL BOYLE LETTER C DEC 1997 ENGINEERING INC 23231 S POINTE DR #103 CpMPANY O LAGUNA HILLS CA 92653 `E"TR AMERICAN GUARANTEE mmmuWait ft COMPANY E COVERAGES ,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUIMEEIT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOADSD BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTRONS OF SUCH POLICIES- UMiTS SHOWN .. MAY HAVE BEEN REDUCED BY PAID CLAIMS. cTo R TYPE a PIRAHE POLCY xMBER POLICY Ey�CIWL POUCY E PNAT0N AEIMAmofm ME(Y4DWh tDAITS A acwjALLfA y BOP2893531 12/01/97 12/01/98 GENIRALAGGRE6ATO s2,000,000 X om"ERCUL GENERAL LUennY PRooUCT6CDmwop Aaa. 52,00.0. ,.000 GlAW3 AADE X 000UR. PERSONAL i AOV. WJURY. 5. . . . OWPEFS S COHIRAC*OWS PROT. EACH OCCURRENCE 51,000,000 RRE DAMAGE Vm RMI 5 Mm omse wy Oro P-4 SS 000 B AUTOMOBILE LIABILM BOP2893531 12/01/97 12/01/98 COMSPIED SINGLE ANY AUT.7 LIMIT 51, 000, 000 ALL OWNED AUTOS BOOILY IhIJU" i SGEOULCI)Ams IPx PaaV) X HWED AUTOS BODILY SUURY 5 X NONOWVFD ALROS (Pa+aOdln4 GARAOC LLA68JTY PROPERTY DAMAGE s "OM MAgaIrY EACH OCCURRENCE 5 IA®RET1A FONW AGGREGATE i OTHER "'HM UMBF181A FORM . SNORAEH•s COOPEHBATION 2043344 9/01/97 9/01/98 X STATUTORY LwTts EACHACCCENT s1, 000'.6.00 NW 0MEA56-PODGY LOA IT S1l.O O0 { OOO EM%pYEIW'LLABIITY OtGEASE- EACHZMPL0Y= $1,000,000 onE11 a Fly PEStApTroH W OPmADOHG�LaC� ,%1N9rvENOLi99vEC+.I ITEMS ,RE: SECTION 5 PUMP STATION DESIGN & BIDDING- ENCUMBERANCE 4EO10015 -DBEI PROJ #NO3-107 -00 /SEE ATTACHED ENDORSEMENT c• ,• ,NrT nr7 r e n f Gt I ATIGN FOR NON - CERTIFICATE HOLDER - CANCELLATION PAYM61T, A 10 DAY NOTICE WILL BE GIVEN' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL kw"s D MAIL 30 DAYS WRITTEN NorcE TO THE CERTFlCATE HOLDER NAMED TO THE CITY OF NEWPORT BEACH LEFT, e U n P o ATTN. MICHAEL J SINACORI D n P.O. BOX 1768 NEWPORT BEACH CA 92659 -1768 AUMOR=0 REPREWWTATNE SHERRY YOUNG FOR ARTS Y ACORD 283 (7M _ OACORD CORPORATION 491001 •DEC 30 -1997 12:26 FROM DANIEL BOYLE ENGR. TO 6443318 P.02 Producer: ARIS Producer Code: 04 -67396 This endorsement, effective 12/22/97 forms a part of Policy Number BOP2893531 issued to DANIEL BOYLE ENGINEERING INC. by Employers, Fire Insurance Company. ...ADDIfiPONAL INSURED ENDORSEMENT- - SECTION II - LIABILITY INSURANCE NAME OF ADDITIONAL DESCRIPTION OF INSURED PREMISES THE CITY OF NEWPORT BEACH All Engineering P.O. BOX 1768 services performed for NEWPORT BEACH, CA 92659 -1768 additional insured * *SEE ATTACHED FORM CG20091185 ** Additional premium charged ARTS:Y NONE AN � I1 1/0)L)UU SHERRY Y UNG FOR A IS (Authorized Representative) Issued: 12/22/97 coo Fy TOTAL P.02 City Clerk NOTICE INVITING BIDS Sealed Bids may be received at the office of the City Clerk 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:00 p.m. on the 12th day of August , 1997, at which time no more will be accepted for: SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND Title of Project C -2975 Contract No. $1,500,000 Engineer's Estimate ALAd, Approved by the Public Works Department this 8th day of July, 1997 (2 W Don Webb Public Works Director A Pre -bid Meeting will be held at 2:00 p.m. on July 29,1997, at the City of Newport Beach Utilities Yard, 949 West 16th Street, Newport Beach, CA 92663 Pre - qualified bidders may obtain one set of contract documents at no cost at the office of the Public Works Department, P.O. Box 1768, 3300 Newport Blvd., Newport Beach, California 92658 -8915 For further information, call Michael 1. Sinacori at (714) 644 -3342. Project Manager CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT CONSTRUCTION OF SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND CONTRACT NO. C -2975 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and shall perform all work required to complete Contract No. C -2975 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM NO. APPROX. QUANTITY DESCRIPTION UNIT PRICE TOTAL AMOUNT 1. Lump Sum Mobilization, demobilization and clean- up for the lump sum price of: One Hundred Sixty -Six Thousand Dollars and Zero Cents Lump Sum $ 166,000.00 Lump Sum 2. Lump Sum Provide traffic control for the lump sum price of Nine Thousand Five Hundred Dollars and Zero Cents Lump Sum $ 9,500.00 Lump Sum P1 -a 0 SCHEDULE OF WORK ITEMS • ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 3. Lump Sum Furnish and install median landscaping at completion of work for the lump sum price of: Five Hundred Dollars and Zero Cents Lump Sum $ 500.00 Lump Sum 4. Lump Sum Conduct potholing of all existing utilities and connection points for the lump sum price of: Fifteen Thousand Dollars and Zero Cents Lump Sum $ 15,000.00 Lump Sum 5. Lump Sum Demolition and removal of exiting pump station for the lump sum price of: Five Thousand Dollars and Zero Cents Lump Sum $ 5,000.00 Lump Sum 6. Lump Sum Demolition and removal of gravity sewers and sewer force main facilities for the lump sum price of: Two Thousand Dollars and Zero Cents Lump Sum $2,000.00 Lump Sum 7. Lump Sum Construct Cast -in -place concrete wet well for the lump sum price of Four Hundred Forty -One Thousand Dollars and Zero Cents Lump Sum $441,000.00 Lump Sum P1 -b • SCHEDULE OF WORK ITEMS • ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 8. Lump Sum Furnish and install pumps, piping, and appurtenances in the wet well complete and in place for the lump sum price of One Hundred Twelve Thousand Zero Lump Sum Dollars and Cents Lump Sum $ 112,000.00 9. Lump Sum Furnish and install 12 -foot by 11.5 -foot precast valve vault for the lump sum price of Twenty Thousand Dollars and Zero Cents Lump Sum $ 20,000.00 Lump Sum 10. Lump Sum Furnish and install piping and appurtenances in the pump station valve vault for the lump sum price of Thirty -Three Thousand Dollars and Zero Cents Lump Sum $ 33,000.00 Lump Sum 11. 359 L.F. Furnish and install 12 -inch gravity sewer in Park Avenue and Jade Avenue complete and in place for the unit price of Four Hundred Dollars and Zero Cents $ 400.00 $ 143,600.00 Per Lineal Foot 12. 114 L.F. Furnish and install 8 -inch gravity sewer in East Alley and South Alley complete and in place for the unit price of Two Hundred Twenty -Five Zero Per Lineal Foot P1 -c Dollars and Cents $225.00 $ 25,650.00 • SCHEDULE OF WORK ITEMS • ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 13. 582 L.F. Furnish and install 8 -inch sewer forcemain in Park Avenue, Jade Avenue and South Alley complete and in place for the unit price of One Hundred Dollars and Zero Cents $100.00 $ 58,200.00 Per Lineal Foot 14. Lump Sum Furnish and install 4 -foot by 4 -foot precast sewer forcemain valve vault for the lump sum price of Eight Thousand Dollars and Zero Cents Lump Sum $ 8,000.00 Lump Sum 15. Lump Sum Furnish and install sewer forcemain valve vault piping and appurtenances for the lump sum price of Twenty Thousand Dollars and Zero Cents Lump Sum $ 20,000.00 Lump Sum 16. Lump Sum Remove and replace 8 -inch concrete pavement in Park Avenue and Jade Avenue for the lump sum price of: Forty Thousand Dollars and Zero Cents Lump Sum $ 40,000.00 Lump Sum (13,380 SF) 17. Lump Sum Remove and replace 6 -inch concrete pavement in East Alley and South Alley for the lump sum price of: Fifteen Thousand Dollars and Zero Cents Lump Sum $ 15,000.00 Lump Sum (3,825 SF) P -1d SCHEDULE OF WORK ITEMS • ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 18. Lump Sum Remove and replace 4 -inch concrete sidewalk along Park Avenue and South Alley for the lump sum price of: Four Thousand Two Hundred Dollars and Zero Cents Lump Sum $ 4,200.00 Lump Sum (210 SF) 19. Lump Sum Furnish and install ventilation piping for valve vault and wet well air inlet and exhaust in Park Avenue including air inlet/outlet assemblies complete and in place for the lump sum price of Thirty -Three Thousand Dollars and Zero Cents Lump Sum $ 33,000.00 Lump Sum 20. Lump Sum Relocate existing 6 -inch water line in East Alley complete and in place for the lump sum price of Fifteen Thousand Dollars and Zero Cents Lump Sum $ 15,000.00 Lump Sum 21. Lump Sum Furnish and install 2 -inch water service in Park Avenue complete and in place for the lump sum price of Nine Thousand Dollars and Zero Cents Lump Sum $ 9,000.00 Lump Sum 22. Lump Sum Furnish and install control panel and all related electrical equipment complete and in place for the lump sum price of Sixty -Six Thousand Lump Sum P1 -e Dollars and Cents Lump Sum $66,000.00 • SCHEDULE OF WORK ITEMS • ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 23. Lump Sum Furnish and install conduit, wire and appurtenances complete and in place for the lump sum price of Twenty Thousand Dollars and Zero Cents Lump Sum $ 20,000.00 Lump Sum 24, Lump Sum Furnish and install electrical meter pedestal complete and in place for the lump sum price of Five Thousand Dollars and Zero Cents Lump Sum $ 5,000.00 Lump Sum 25. Lump Sum Rebuild and remodel gravity sewer laterals in South Alley complete and in place for the lump sum price of Three Thousand Dollars and Zero Cents Lump Sum $ 3,000.00 Lump Sum 26. Lump Sum Furnish and install control panel enclosure and pad complete and in place for the lump sum price of Nine Thousand Zero Dollars and Cents Lump Sum $9,000.00 27. Lump Sum Pressure test and flush sewer forcemain and gravity sewer for the lump sum price of Three Thousand Five Hundred Dollars and Zero Cents Lump Sum P -1f Lump Sum $ 3,500.00 • SCHEDULE OF WORK ITEMS • ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 28. Lump Sum Excavation safety measures including shoring, dewatering and bracing or equivalent methods for the lump sum price of Two Hundred Thousand Dollars and Zero Cents Lump Sum $ 200,000.00 Lump Sum 29. Lump Sum Furnish 1 spare 15 hp submersible pump and 1 spare 5 hp submersible pump for the lump sum price of Forty -Five Thousand Dollars and Zero Cents Lump Sum $ 45,000.00 Lump Sum 30. Lump Sum Furnish Portable Emergency Generator for the lump sum price of Thirty -Six Thousand Dollars and Zero Cents Lump Sum $ 36,000.00 Lump Sum 31. Lump Sum Documentation of existing conditions and monitoring program during construction for the lump sum price of Seventy -Seven Thousand Dollars and Zero Cents Lump Sum $ 77,000.00 Lump Sum SUB -TOTAL OF BID ITEMS One Million Six Hundred Forty Thousand One Hundred Dollars and Zero Cents $ 1,640,150.00 P1 -g 0 SCHEDULE OF WORK ITEMS 0 ITEM APPROX. UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT ALTERNATE BID ITEMS 32. Lump Sum Remove and replace additional 8 -inch concrete pavement in Jade Avenue for the lump sum price of Twenty -Five Thousand Dollars and Zero Cents Lump Sum $ 25,000.00 Lump Sum (5,000 SF) SUB -TOTAL OF ALTERNATIVE BID ITEMS Twenty -Five Thousand Dollars and Zero Cents $ 25,000.00 "Deduct" blanks are provided for use by the Bidder, if desired, for last- minute reductions in the bid amount. DEDUCT - List Bid Items affected and amount: Item No. DEDUCT AMOUNT IN WRITTEN WORDS Dollars and Cents. Dollars and Cents. Dollars and Cents. SUBTOTAL OF DEDUCTS: ZERO Dollars and Cents. P1 -h $0 $0 $0 Me i 0 Total Price In Written Words (subtotal of Bid Items 1 through 32 less Subtotal Deducts): One Million Six Hundred Sixty -Five Thousand One Hundred Fifty Dollars and Zero Cents $ 1,665,150.00 I declare under penalty of perjury that all representation made above are true and correct.' `Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. ADVANCO CONSTRUCTORS Bidder's Name DIV. OF ZURN CONSTRUCTORS, INC. Bidder's Address 1500 W. 9TH STREET UPLAND, CA 91786 Bidder's Telephone Number (909) 982 -8803 Contractor's License No. & Classification 419989 "A" 3 -31 -98 Expiration Date 8 -12 -97 SIPETER S. SELEY, PRESIDENT Date Authorized Signature & Title P1 -i 0 INSTRUCTIONS TO BIDDERS 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page P1a -P1j) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." 5/97 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with state law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to endure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with state law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Electrical Beard Santa Fe Springs 2. Rebar R&D Compton, CA 3. Painting /Coating Murphy Signal Hill CA 4. Concrete Paving Damon Long Beach CA 5. Demo Harbor Grand Terrace,CA 6. 7. 8. 9. 10. 11. 12. ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder 5/9] S/PETER S. SELEY, PRESIDENT Authorized Signature/Title 0 All documents shall bear signatures and titles of persons authorized to the bidder. For corporations, the signatures shall be of a corporate officer authorized by the corporation. For partnerships, the signatures shall be of a For sole ownership, the signature shall be of the owner. 419989 "A" Contractor's License No. & Classification ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder AUGUST 12, 1997 Date 5/97 Page 2A sign on behalf of or an individual general partner. S/PETER S. SELEY, PRESIDENT Authorized Signature/Title 0 0 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year For Whom Person Completed Performed (Detail) To Contact SEE ATTACHED ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder 5/97 Telephone Number S/PETER S. SELEY, PRESIDENT Authorized Signature/Title 0 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of San Bernardino ) 0 Page 5 PETER S. SELEY, being first duly sworn, deposes and says that he is PRESIDENT of ADVANCO CONSTRUCTORS, DIV. OF ZURN CONSTRUCTORS, INC., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. S/PETER S. SELEY, PRESIDENT Bidder Authorized Signature/Title Subscribed and sworn to before me this 12th day of AUGUST, 1997. [SEAL] S /DARALIE HART Notary Public My Commission Expires: 4 -14 -2001 5197 0 BIDDER'S BOND Page 4 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent (10 %) of The Bid Amount dollars ($ - - -), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of the SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND, CONTRACT NO. C -2975 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten (10) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 12th day of AUGUST, 1997. ADVANCO CONSTRUCTORS The American Insurance Company Division of Zurn Constructors, Inc. Two Chatham Center, Suite 300 1500 West Ninth Street, PO Box 1210 PO Box 888 Upland, CA 91785-1210 Pittsburgh, PA 15230 Principal Surety S/PETER S. SELEY Authorized Signature S /CHRIS W. BLOOMSTINE Authorized Signature PETER S. SELEY, PRESIDENT CHRIS W. BLOOMSTINE, Attorney -in -Fact Print Name & Title Print Name &Title S /CHRIS W. BLOOMSTINE Signature of Attorney -in -Fact (Notary acknowledgment of Principal & Surety must be attached) 5/97 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and federal holidays) after the date of mailing Notice of Award to the successful bidder: LABOR AND MATERIALS PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) CONTRACT (Page 13) The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. 5/97 CEF IT . E . (MM . OD�/YY)"' M . SSAIEDA .... .Now OF INS 10/30/97 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE INSURANCE MANAGEMENT COMPANY DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 123 WEST 9TH STREET, P.O. BOX 1133 ERIE, PA 16512-1133 COMPANIES AFFORDING COVERAGE FAX: (814) 4645598 (814) 452-3200 COMPANY LETTER In surance A Employers Insunce of Wausau a Mutual Company .11 ..... I ............ -- ................ ........... ............................................................ ................. .... ...... --- COMPANY B INSURED LETTER ........... —, ..... —, ................. — ....... — ...... ....... I ................ I ...... ..... .... ......... ... - COMPANY c ADVANCO CONSTRUCTORS, DIVISION LETTER .1 ............ ................. ........ .............................. ................... ......... ........................ I ......... ............................ OF ZURN CONSTRUCTORS, INC. COMPANY D ONE ZURN PLACE, P.O. BOX 2000 LETTER ERIE, PA 16514 ...........I ................... .......... .. .................... .............. .................. .. .. . COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS I .......................... I ...... - ............................. ............. I ................ .................... ............................................................................... .............................................................................. CO POUCY EFFECTIVE POUCYIEXPIRATION LTR; TYPE OF INSURANCE POUCYNUMBER DAM (MWDDNY) DATE (MMIDD/YY) UNITS GENERAL LIABILITY GENERALAGGREGATE :$ 8.000,000 X COMMERCIAL GENERAL LIABILITY ..... . ..... ...... .. . ............. .. ... A 222"0.052510 04101t97 04/01198 PRODUCTS-COMPIOP AGG. Incl. ................ ..................... CLAIMS MADE X OCCUR, PFR�&ADV. INJURY S .......... 2,000.000 ...... ......... - ........ ---, .. .. .. I ................. OWNERS & CONTRACTORS PROT. EACH OCCURRENCE 2,000,000 ........... FIRE DAMAGE (Any one fire) 1,000,000 IyEa EXPENSE (Any one parson) :S 5,000 AUTOMOBILE LIABILITY A ... 2228-02-0525110(All Other) 04/01197 04/01/98 COMBINED SINGLE X ANY AUTO LIMIT $ 1,000,000 ........... -, ...... . LL .... ... ................ :ALL ..... .... BODILY - INJURY .6 A SCHEOULEDAUTOS (Per Person) 2228-05-052510 (TX) 04/01/97 04/01198 HIRED AUTOS A 2228-0"52SIO (HI) 04/01197 04/01/98 BODILY INJURY NOWOWNEDAUTOS (PerAccidern) $ GARAGE LIABILITY ......... PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE 'a 3, 000, 000 A X UMBRELLAFORM 2228-07-052510 04/01/97 04/01/98 AGGREGATE S 3,000,000 .......... OTHER THAN UMBRELLA FORM A WORKER'S COMPENSATION 2218-02.052510(All States 04101/97 04/01/98 I STATUTORY UNITS Except NV,ND,OH,WA,VVV,WY AND EACH ACCIDENT a 1.000,000 ME,MA and OR) EMPLOYER'S LIABILITY '&EEASE-FOUCY LIMIT 1,060,000 DISEASE -EACH EMPLOYEE S A :OTHER WORKERS COMPENSATION 22118,00-052610 (MA,OR) 04/01197 04/01198 STATUTORY LIMITS AND Each Accident $1,000,000 EMPLOYERS LIABILITY Disease - Policy Lmt $1,000,000 Disease-Each Emp $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /SPECIAL ITEMS Additional Insured: The City of Newport Beach, its officers and employees for limits of liability and coverage limited to the amount and coverage required by contract, which shall not exceed Insured's contract obligations, subject however to the terms and maximum provided by the policy.' or the amount of coverage reduced other than through claims (SEE REVERSE SIDE) (Advanco Job 213-0931/ Contract# C-2976, Section 3 Sewage Pump Station on Little Balboa Island) . .. . .. . .. .. . . . ... ....... . . xx ............. .... ..... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL NQQ00000M CITY OF NEWPORT BEACH MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P 0 BOX 1768 LEFT. OC: 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 AUTHORIZED REPRESENTATIVE C ACORD 25-S (7190) P"Ie I at2 Ad 69 POLICY NUMBER: 2228 -00- 052510 • COMMERCIAL GENERAL LIABILITY Endorsement No.: GL -224 Effective: 10130/97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Newport Beach, its officers, and employees for limits of liability and coverage limited to the amount and coverage required by contract, which shall not exceed Insured's contract obligations, subject however to the terms and maximum provided by the policy. Such insurance to be primary and not contributing with any other insurance maintained by said Additional Insured. Severability of interest coverage included. (Advanco Job# 213 -0931/ Contract # C -2975, Section 5 Sewage Pump Station on Little Balboa Island) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 ❑ E 1] GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for of Newport Beach, its officers and employees are additional respect to liability arising out of operations performed by or insureds in connection with the contract designated below or additional insureds in connection with its general supervision insurance afforded said additional insured(s) shall apply as K other insurance maintained by the City of Newport Beach contribute with insurance provided by this policy. The policy includes the following provision: Page 11 General Liability, the City insureds, but only with in behalf of the named cts and omissions of the f such operations. The -imary insurance and no >hall be called upon to "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: ( ) Commercial ( ) Comprehensive General Liability $ 5,000,000 each occurrence $ 5,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5/9] Ll Page 11A Designated Contract: SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND, CONTRACT NO. C -2975 Project Title and Contract No. This endorsement is effective of Coverage). Insured: ISSUING COMPANY By: Authorized Representative 5/97 at 12:01 a.m. and forms a part of Policy No. (Company Affording Endorsement No.: i Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the Contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." The limits of liability under this endorsement for the additional insureds named in Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ( ) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 per person $ 1,000,000 per accident $ 1,000,000 $ 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5/97 0 0 5. Designated Contract: SECTION 5 ISLAND. CONTRACT NO. C -2975 This endorsement is effective of Insured: ISSUING COMPANY By: Authorized Representative 5/97 ON LITTLE Im Page 12A at 12:01 a.m. and forms a part of Policy No. (Company Affording Coverage). ICJ Endorsement No.: 0 0 Page 13 CONTRACT THIS AGREEMENT, entered into this day of Oc7t:g-a�L� , 19 IJ by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ADVANCO CONSTRUCTORS, DIV. OF ZURN CONSTRUCTORS, INC. hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND ( "Project ") C -2975 Project Description Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. C- 2975, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of ONE MILLION SIX HUNDRED SIXTY FIVE THOUSAND ONE HUNDRED FIFTY & NO /100 Dollars ($1,665,150.00). 5/97 0 Page 14 This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY: CONTRACTOR: City of Newport Beach Advanco Constructors 3300 Newport Boulevard Div. of Zurn Constructors, Inc. P. O. Box 1768 1500 W. Ninth Street, PO Box 1210 Newport Beach, CA 92658 -8915 Upland, CA 91786 -1210 Attention: Michael J. Sinacori, P.E. Attention: Peter S. Seley, President 6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 5/97 INSURANCE Page 15 Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, on forms provided by City. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE Coverage limits shall be no less than: General Liability: $5,000.000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 5/97 0 0 Page 16 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: General Liabilitv and Automobile Liabilitv Coveraaes a. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. b. Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. d. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Agreement. 5/97 0 0 Page 17 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for City. 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E Acts of God: Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. Right to Stop Work for Non - Compliance: City shall have the right to offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project. 5197 0 9 Page 18 C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 5/97 9 0 Page 19 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: LaVonne Harkless City Clerk APPROVED AS TO FORM: aa�� Robin Clauson Assistant City Attorney 5/97 CITY OF NEWPORT BEACH a municipal corporation Jaebay M y f CONTRACTOR t K- �riad . Devine Advanco Constructors, Div. of Zurn Constructors, Inc. VICE PRESIDENT Title • • O� City of Newport Beach Public Works Department '�� 4n(,'` 4"'t, Bid Addenda No. l sf�G for the project titled: cfo�r Section 5 Sewage Pump Station on Little Balboa Island Contract No. C -2975 Bid Documents Addenda No. 1: Bidders shall propose to complete Contract No. C -2975 in accord with the "PROPOSAL" as modified by this addenda. This is the first addenda to this contract. It consists of ten (10) pages; this page and nine (9) other pages as well as three (3) attachments. This bid addenda is provided as substitutions, additions, deletions and clarifications to the plans and specifications. Bidders are required to include this page and the nine (9) other pages when submitting their bid proposal. Warning! Bids submitted without all pages of this addenda signed, dated and attached to the bid proposal may be rejected as "non- responsive." ,�L, �- - Bill atapoff, P.E. City Engineer Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seley, President M:\V=\0310170.797�uc m5addmdum.797 1 • 0 The following changes additions, deletions, or clarifications shall be made to the contract documents; all other conditions shall remain the same. INSTRUCTIONS TO BIDDERS Instructions to Bidders. Page 2 Add the following paragraphs: "Prior to the award of contract, an interview will be conducted by the CNB with the apparent low, responsive bidder. At the interview, the low bidder will be required to present his qualifications and proposed shoring and dewatering approach. The low bidder will be required to demonstrate and acknowledge that he understands the risks associated with the project, and that his proposed shoring and dewatering systems will be non - impactive to structures adjacent to the project and will demonstrate that he has reviewed all aspects of this project with his insurance carrier. The low bidder shall also present his relevent experience with shoring and dewatering systems similar in nature to that proposed for the project. The City of Newport Beach shall consider all information presented by the low bidder and be the sole determinate as to the contractor's ability to undertake the proposed work A low bidder judged to be unqualified or whose shoring and dewatering approach is unsatisfactory, shall have his bid rejected as being non - responsive. SPECIAL PROVISIONS Section 1 -3, Page SP -2 - Scope of Work, Paragraph 1 -3.1 Add the following paragraphs to the end of Paragraph 1 -3.1: "The work includes an approximately 30 ft. deep excavation in sandy soil with water table less than 5 ft. below surface. Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seley, President M:\,p T310170.7971scction5addcndum797 2 Unless proper and appropriate measures are incorporated by the Contractor during excavation, there is likelihood of damage to properties in the vicinity of the excavation. Due to their significant value, all structures and facilities immediately adjacent to areas of the excavation are deemed critical structures and shall be monitored in accord with Section 01010, Part 1.6 and 1.7 of the technical specifications. The temporary excavation for the pump station construction is anticipated to be up to approximately 30 feet deep. Due to the restricted access and the close proximity of adjacent structures, the excavations shall be shored during construction. The shoring system shall be constructed through fill, bay deposits, and Monterey Formation. The shoring system shall be designed by the Contractor to limit the ground settlement behind the shoring system to the limits provided in Section 01010, Part 1.7, of the technical specifications. All proper and appropriate measures shall be taken by the Contractor to preclude settlement during installation of the support wall, excavation for pump station construction, construction vibrations, dewatering, and removal of the support system. For the observed surface conditions, caving can be expected during construction. The Contractor shall take appropriate measures to protect workers. All OSHA requirements pertaining to worker safety shall be observed. Temporary braced shoring walls shall be designed utilizing criteria developed by a professional geotechnical consulting firm retained by the Contractor. The Contractor shall retain a qualified and experienced licensed professional engineer to design the shoring system. ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORS, INC. 8/12/97 Bidder: Date: Signature: �. P Peter S. Seley, President M:* \0310170.797�su m5addcndum797 3 0 Section 1 -5, Page SP -6 - Incentive Bonus - Liquidated Damages Add the following paragraph: "In addition, the Contractor is required to complete all construction in Jade Avenue, described as Phase 11 in the sequence of work, within 28 calendar days of commencing said work. Liquidated damages will be assessed at a rate of $2,000 per calendar day for work not completed within the 28 calendar day schedule. For each calendar day that work is completed in advance of the 28 calendar day schedule, the City shall pay to the Contractor a $2,000 incentive bonus." Delete paragraph in its entirety, add the following paragraph: "The project shall not be considered complete until all of the following are satisfied: • Deficient or incomplete work has been corrected; • Facility has been demonstrated to operate satisfactorily; • Operation and maintenance manuals have been submitted." Section 1 -24, Page SP -14 - Additional Insured Delete paragraph in its entirety. Add the following paragraph: "The Contractor shall provide a separate endorsement which names the consulting engineer, construction manager and geotechnical engineer as additional insured on all policies of insurance related to the performance of this contract." Section 1 -25, Page SP -16, Indemnification of City Consultants Delete Paragraph one in its entirety, add the following paragraph: "Without limiting any other requirements to indemnify the City of Newport Beach, the Contractor shall indemnify, hold harmless, and defend the Consulting Engineer, the Construction Manager and the Geotechnical Engineer, (collectively "indemnities ") from and against (1) any and all loss, damages, liability, claims, allegations of liability, Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature:/ Peter S. Seley, President M.Vp=a D310170.797'calion5uWmdum.797 4 0 0 suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of service or work conducted or performed pursuant to this agreement; (2) use of improper materials in construction of the work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend indemnities from the sole negligence or willful misconduct of indemnities, its officers or employees . " Section 1 -28, Page SP -17 - Surface and Groundwater Control Revise the second sentence of paragraph one to read as follows: "The Contractor shall be responsible for designing, providing, installing, maintaining and operating a dewatering system in the project area in accordance with Section 02140 of the technical specifications." Section 1 -37, Page SP -21 - Documentation of Existing Conditions and On -Site Ground Surface Monitoring Revise the second sentence of paragraph one to read as follows: "The Contractor shall retain a professional geotechnical firm to develop and maintain a program as detailed in the Technical Specifications, Section 01010, Paragraph 1.7." Addendum received by: ADVANCO CONSTRUCTORS DIV. OF zuRN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: f Peter S. Seley, President M:bpeat0310170.79'Auc mSaddmdum797 Section 1 -38, Page SP -22 - Neighborhood Relations Add the following paragraph: "Residents opposed to the proposed Section 5 Sewage Pump Station project have retained outside legal counsel. They are being represented by the firm Randall J. Friend and Warren B. Wimer, Attorneys at Law, located at: 1235 North Harbor Boulevard, Suite 200 Fullerton, CA Telephone: (714) 871 -1132 Fax: (714) 871 -5620 This firm may be in contact with prospective bidders of the project. It is requested that all contacts and correspondence between the Contractor and the above law firm be immediately reported to the City of Newport Beach." Add Attachment "C" Attached to this addendum (Attachment C) is a one page opinion, offered by Wexco International Corporation, concerning construction issues related to the project. Wexco International has been retained by the law firm representing residents opposed to the proposed Section 5 Sewage Pump Station project. All contractors and their insurance companies bidding the project should be aware of this opinion, and retain their own professional geotechnical firm which considers the Wexco International opinion, and renders an independent opinion on the project prior to submitting a bid. ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORS,' INC. 8/12/97 Bidder: Date: Signature: a Peter S. Seley, President M:\V=\0310170.797\sution5addmdu 797 6 TECHNICAL SPECIFICATIONS Section 01010, Summary of Work. Page 01010 -5, Subsection 1.7, Monitoring of Adjacent kLQperties. Paragraph a. Add to the end of Paragraph a., the following: "Record settlement measurements from inclinometer locations daily and document, submit recording daily to the City for review." Section 01010, Summajj of Work. Page 01010 -5 and 6, Subsection 1.7, Monitoring of Ad iacent Properties Paragraph b. Replace Item 2 with the following: "Install survey settlement points along East Alley and along the alley directly west of lots 125 and 107 at 50 foot spacing, between Park Avenue and Jade Avenue." Add Item 5 as follows: "Install ground survey settlement points, at 50 foot spacing, 200 feet to the west of the proposed construction in Park Avenue," Add Item 6 as follows: "Install ground survey settlement points, at 50 foot spacing, 200 feet to the north of Park Avenue in the East Alley. Add Item 7 as follows: "Install ground survey settlement points, at 50 foot spacing, 200 feet to the west of Jade Avenue in the South Alley." M:\V=\0310I70.797vectim $ addrndu 797 Addendum received by: ADVANCO CONSTRUCPORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: A-Z4� 7 Peter S. Seley, President Section 01010, Summary of Work. Page 01010 -7, Subsection 1.7, Monitoring of Adjacent Properties. Paragraph F. Add to the end of Item 2 the following: "The elevation -1 mean sea level corresponds to the project elevation of 101.4 on the contract drawings." Revise the first sentence of Item 1 to read as follows: "Settlement at settlement points shall be maintained at 0.00 inches." Revise the first sentence of Item 4 to read as follows: "Lateral movement in excess of 0.00 inches as measured at inclinometer locations will result in a stoppage of work." Section 01010, Summary of Work. Page 01010 -7, Subsection 1.7, Monitoring of Adjacent Properties. Paragraph h. Revise paragraph to read as follows: "The Contractor shall submit for review and approval in conformance with Section 01340 its proposed monitoring program and design of inclinometers and groundwater monitoring wells." Section 01015, General Conduct of Work Page 01015 -4, Subsection 1.11, Noise Abatement. Revise the first paragraph to read as follows: "The Contractor shall comply with all applicable provisions of the City's noise ordinance. The Contractor shall use electrical equipment when available. All pumping equipment for dewatering shall be powered by electricity and shall not generate noise in excess of the ambient street noise levels. No engine generators are allowed. The Contractor may be required to construct special sound attenuating enclosures around motors to comply with this noise requirement." Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seley, President M: \spm\0310170.797�3xtion5addcndm 797 8 9 Section 02140, Dewatering. Page 02140, Section 1.3, Standard Specifications Revise Paragraph A to read as follows: "Except as otherwise indicated in this section of the specifications, the Contractor shall comply with the Standard Specifications for Public Works Construction, 1997 Edition, Subsection 306 -3.3 herein referred to as SSPWC as applicable to the proposed construction." Add to the end of Paragraph B the following sentence: "In addition, the Contractor is required to comply with all applicable regulations of the Regional Water Quality Control Board." Section 15050, Piping. Valves and Accessories. Page 15050 -3, Subsection 2.3 E., Yelomine PVC Pipe. Revise the last sentence of Paragraph one to read as follows: "All piping shall be new." Section 16400, Portable Emergency Generator, Page 16400 -1, Part 2. Revise the second sentence of Paragraph a. as follows: "The generator shall be rated at 100 KVA and use diesel as fuel." Delete Paragraph b. in its entirety, add the following paragraph: "Manufacturer: The portable generator shall be a model DCA -100 as manufactured by Multiquip." Appendix C, Permits Delete the contents of Appendix C. Add the entire contents of Attachment "A ". ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORS, INC. 8/12/97 Bidder: Date: Signature: _� PA/ter S. Seley, President M., i"W310170.797\nedim5addeadw 797 Appendix D, Meeting Minutes Add Appendix D: Meeting minutes of the pre -bid meeting held at 2:00 p.m., July 29, 1997, at the City of Newport Beach Utility Yard. (Attachment `B ") PLANS Sheet 2 of 32, Benchmark The project elevation of 106.75, corresponds to the mean sea level elevation 4.35 Sheet 24 of 32, Power Schematic Delete the wording: "Dashed items are by others." All items shown on the schematic are to be provided by the Contractor. Attachments Attachment "A" NPDES Permit Attachment `B" Pre -Bid Meeting Minutes Attachment "C" Letter from Wexco International ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORSt INC. Bidder: Date: 8/12/97 Signature: Peter S. Seleyt President M.VPMW310170.797\Sec m5addrndum797 10 City of Newport Beach Public Works Department Bid Addenda No. 1 for the project titled: O �a lGG C'`c�,G s/r Gc/ °mss Section 5 Sewage Pump Station on Little Balboa Island Contract No. C -2975 Bid Documents Addenda No. 1: Bidders shall propose to complete Contract No. C -2975 in accord with the "PROPOSAL" as modified by this addenda. This is the first addenda to this contract. It consists of ten (10) pages; this page and nine (9) other pages as well as three (3) attachments. This bid addenda is provided as substitutions, additions, deletions and clarifications to the plans and specifications. Bidders are required to include this page and the nine (9) other pages when submitting their bid proposal. Warning! Bids submitted without all pages of this addenda signed, dated and attached to the bid proposal may be rejected as "non- responsive." BiMlatapoff, P.E. City Engineer Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seley, President M: \V=\0310170.797\wWon5addudum797 0 0 The following changes additions, deletions, or clarifications shall be made to the contract documents; all other conditions shall remain the same. INSTRUCTIONS TO BIDDERS Instructions to Bidders Page 2 Add the following paragraphs: "Prior to the award of contract, an interview will be conducted by the CNB with the apparent low, responsive bidder. At the interview, the low bidder will be required to present his qualifications and proposed shoring and dewatering approach. The low bidder will be required to demonstrate and acknowledge that he understands the risks associated with the project, and that his proposed shoring and dewatering systems will be non - impactive to structures adjacent to the project and will demonstrate that he has reviewed all aspects of this project with his insurance carrier. The low bidder shall also present his relevent experience with shoring and dewatering systems similar in nature to that proposed for the project. The City of Newport Beach shall consider all information presented by the low bidder and be the sole determinate as to the contractor's ability to undertake the proposed work. A low bidder judged to be unqualified or whose shoring and dewatering approach is unsatisfactory, shall have his bid rejected as being non - responsive. SPECIAL PROVISIONS Section 1 -3, Page SP -2 - Scope of Work_ Paragraph 1 -3.1 Add the following paragraphs to the end of Paragraph 1 -3.1: "The work includes an approximately 30 ft. deep excavation in sandy soil with water table less than 5 ft. below surface. Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: i�kA Peter S. Seley, President M:\spmo 0310170.797\sedim5addendum797 2 Unless proper and appropriate measures are incorporated by the Contractor during excavation, there is likelihood of damage to properties in the vicinity of the excavation. Due to their significant value, all structures and facilities immediately adjacent to areas of the excavation are deemed critical structures and shall be monitored in accord with Section 01010, Part 1.6 and 1.7 of the technical specifications. The temporary excavation for the pump station construction is anticipated to be up to approximately 30 feet deep. Due to the restricted access and the close proximity of adjacent structures, the excavations shall be shored during construction. The shoring system shall be constructed through fill, bay deposits, and Monterey Formation. The shoring system shall be designed by the Contractor to limit the ground settlement behind the shoring system to the limits provided in Section 01010, Part 1.7, of the technical specifications. All proper and appropriate measures shall be taken by the Contractor to preclude settlement during installation of the support wall, excavation for pump station construction, construction vibrations, dewatering, and removal of the support system. For the observed surface conditions, caving can be expected during construction. The Contractor shall take appropriate measures to protect workers. All OSHA requirements pertaining to worker safety shall be observed. Temporary braced shoring walls shall be designed utilizing criteria developed by a professional geotechnical consulting firm retained by the Contractor. The Contractor shall retain a qualified and experienced licensed professional engineer to design the shoring system. ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORS, INC. 8/12/97 Bidder: Date: Signature: Peter S. Seley, President M: *p \0310170.797\au1io 5ad&ndum797 3 1] Section 1 -5, Page SP -6 - Incentive Bonus - Liquidated Damages Add the following paragraph: "In- addition, the Contractor is required to complete all construction in Jade Avenue, described as Phase 11 in the sequence of work, within 28 calendar days of commencing said work. Liquidated damages will be assessed at a rate of $2,000 per calendar day for work not completed within the 28 calendar day schedule. For each calendar day that work is completed in advance of the 28 calendar day schedule, the City shall pay to the Contractor a $2,000 incentive bonus." Delete paragraph in its entirety, add the following paragraph: "The project shall not be considered complete until all of the following are satisfied: • Deficient or incomplete work has been corrected; • Facility has been demonstrated to operate satisfactorily; • Operation and maintenance manuals have been submitted." Section 1 -24, Page SP -14 - Additional Insured Delete paragraph in its entirety. Add the following paragraph: "The Contractor shall provide a separate endorsement which names the consulting engineer, construction manager and geotechnical engineer as additional insured on all policies of insurance related to the performance of this contract." Section 1 -25, Page SP -16, Indemnification of City Consultants Delete Paragraph one in its entirety, add the following paragraph: "Without limiting any other requirements to indemnify the City of Newport Beach, the Contractor shall indemnify, hold harmless, and defend the Consulting Engineer, the Construction Manager and the Geotechnical Engineer, (collectively "indemnities ") from and against (1) any and all loss, damages, liability, claims, allegations of liability, Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: � Date: 8/12/97 Signature: Peter S. Seley, President M:Ntpe %310170.797'acetim5addrndum797 4 0 0 suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of service or work conducted or performed pursuant to this agreement; (2) use of improper materials in construction of the work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify or defend indemnities from the sole negligence or willful misconduct of indemnities, its officers or employees ." Section 1 -28, Page SP -17 - Surface and Groundwater Control Revise the second sentence of paragraph one to read as follows: "The Contractor shall be responsible for designing, providing, installing, maintaining and operating a dewatering system in the project area in accordance with Section 02140 of the technical specifications." Section 1 -37, Page SP -21 - Documentation of Existing Conditions and On -Site Ground Surface Monitorine Revise the second sentence of paragraph one to read as follows: "The Contractor shall retain a professional geotechnical firm to develop and maintain a program as detailed in the Technical Specifications, Section 01010, Paragraph 1.7." Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seley, President M:Vpea\0310170.797\scWmSaddmdu 797 5 Section 1 -38, Page SP -22 - Neighborhood Relations Add the following paragraph: "Residents opposed to the proposed Section 5 Sewage Pump Station project have retained outside legal counsel. They are being represented by the firm Randall J. Friend and Warren B. Wimer, Attorneys at Law, located at: 1235 North Harbor Boulevard, Suite 200 Fullerton, CA Telephone: (714) 871 -1132 Fax: (714) 871 -5620 This firm may be in contact with prospective bidders of the project. It is requested that all contacts and correspondence between the Contractor and the above law firm be immediately reported to the City of Newport Beach." Add Attachment "C" Attached to this addendum (Attachment C) is a one page opinion, offered by Wexco International Corporation, concerning construction issues related to the project. Wexco International has been retained by the law firm representing residents opposed to the proposed Section 5 Sewage Pump Station project. All contractors and their insurance companies bidding the project should be aware of this opinion, and retain their own professional geotechnical firm which considers the Wexco International opinion, and renders an independent opinion on the project prior to submitting a bid. ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORSr INC. 8/12/97 Bidder: Date: Signature: Peter S. Seley, President M:\ti =e 0310170.797\wdicOaddrndum.797 6 TECHNICAL SPECIFICATIONS Section 01010, Summary of Work. Page 01010 -5, Subsection 1.7, Monitoring of Adjacent Prop rte ies_ Paragraph a. Add to the end of Paragraph a., the following: "Record settlement measurements from inclinometer locations daily and document, submit recording daily to the City for review." Section 01010, Summary of Work. Page 01010 -5 and 6, Subsection 1.7, Monitoring of Adjacent Properties, Paragraph b. Replace Item 2 with the following: "Install survey settlement points along East Alley and along the alley directly west of lots 225 and 107 at 50 foot spacing, between Park Avenue and Jade Avenue." Add Item 5 as follows: "Install ground survey settlement points, at 50 foot spacing, 200 feet to the west of the proposed construction in Park Avenue," Add Item 6 as follows: "Install ground survey settlement points, at 50 foot spacing, 200 feet to the north of Park Avenue in the East Alley. Add Item 7 as follows: "Install ground survey settlement points, at 50 foot spacing, 200 feet to the west of Jade Avenue in the South Alley." Wspemt310170.797Va m5addmdUM797 Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS INC. Bidder: Date: 8/12/97 7 Peter S. Seley, President Section 01010, Summary of Work_ Page 01010 -7, Subsection 1.7, Monitoring of Adjacent Properties. Paragraph F. Add to the end of Item 2 the following: "The elevation -1 mean sea level corresponds to the project elevation of 101.4 on the contract drawings." Revise the first sentence of Item I to read as follows: "Settlement at settlement points shall be maintained at 0.00 inches." Revise the first sentence of Item 4 to read as follows: "Lateral movement in excess of 0.00 inches as measured at inclinometer locations will result in a stoppage of work." Section 01010, Summary of Work. Page 01010 -7, Subsection 1.7, Monitoring of Adjacent Properties. Paragraph h. Revise paragraph to read as follows: "The Contractor shall submit for review and approval in conformance with Section 01340 its proposed monitoring program and design of inclinometers and groundwater monitoring wells." Section 01015, General Conduct of Work Page 010154, Subsection 1.11, Noise Abatement. Revise the first paragraph to read as follows: "The Contractor shall comply with all applicable provisions of the City's noise ordinance. The Contractor shall use electrical equipment when available. All pumping equipment for dewatering shall be powered by electricity and shall not generate noise in excess of the ambient street noise levels. No engine generators are allowed. The Contractor may be required to construct special sound attenuating enclosures around motors to comply with this noise requirement." Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seley, President M:\sp�W3I0170.797ks M m Saddmdu 797 8 Section 02140, Dewaterine, Page 02140, Section 1.3, Standard Specifications Revise Paragraph A to read as follows: "Except as otherwise indicated in this section of the specifications, the Contractor shall comply with the Standard Specifications for Public Works Construction, 1997 Edition, Subsection 306 -3.3 herein referred to as SSPWC as applicable to the proposed construction." Add to the end of Paragraph B the following sentence: "In addition, the Contractor is required to comply with all applicable regulations of the Regional Water Quality Control Board." Section 15050, Piping, Valves and Accessories. Page 15050 -3, Subsection 2.3 E., Yelomine PVC Pipe. Revise the last sentence of Paragraph one to read as follows: "All piping shall be new." Section 16400, Portable Emergency Generator, Page 16400 -1, Part 2. Revise the second sentence of Paragraph a. as follows: "The generator shall be rated at 100 KVA and use diesel as fuel." Delete Paragraph b. in its entirety, add the following paragraph: "Manufacturer: The portable generator shall be a model DCA -100 as manufactured by Multiquip." Appendix C, Permits Delete the contents of Appendix C. Add the entire contents of Attachment "A ". ADVANCO CONSTRUCTORS Addendum received by: DIV. OF ZURN CONSTRUCTORSt INC. 8/12/97 Bidder: Date: Signature: PAfter S. Seley, President M:Lsp=\1310170.79T%"di=5&d&n&u 797 n u Appendix D, Meeting Minutes Add Appendix D: PLANS n u Meeting minutes of the pre -bid meeting held at 2:00 p.m., July 29, 1997, at the City of Newport Beach Utility Yard. (Attachment `B ") Sheet 2 of 32, Benchmark The project elevation of 106.75, corresponds to the mean sea level elevation 4.35 Sheet 24 of 32, Power Schematic Delete the wording: "Dashed items are by others." All items shown on the schematic are to be provided by the Contractor. Attachments Attachment "A" NPDES Permit Attachment `B" Pre -Bid Meeting Minutes Attachment "C" Letter from Wexco International M.\ spas M310170.797�seWon5addrndum797 Addendum received by: ADVANCO CONSTRUCTORS DIV. OF ZURN CONSTRUCTORS, INC. Bidder: Date: 8/12/97 Signature: Peter S. Seleyt, President 10 Warren B. Wimer 221 via Firenze Newport Beach, California 92663 Telephone: (714) 673 -4086 Telecopier: (714) 673 -9196 October 22, 1997 Mayor Jan Debay 220 Nice Lane #301 Newport Beach, California 92663 Re: The controversy surrounding whether to repair or replace Section 5 Sewage Pump Station Dear Mayor Debay: This is my personal letter to you, no copies have been, or will be sent to anyone. I realize that we are on totally opposite sides of this issue. I do not understand exactly why, other than the fact that we each equally have honestly held beliefs in the correctness of our positions for the good of Newport Beach. It it my firm belief that to attack a person, or a person's motives, demonstrates a lack of merit in position taken by the advocate. You will find no such attacks in the enclosed document, because there is no issue of wrongful motive present in this controversy. I, backed by extremely credible engineering talent honestly believe that Mr. Webb is wrong in his approach. That belief in no way means that we impune his integrity or his motives, as he perceives them from his perspective. Our perspectives are very different. What we ask from you is to contrast his approach to the problem, which is nothing more than there is an old pump station that needs to be brought up to date, with common sense. How would the problem be solved in private industry? Do the same financial conditions exist in Newport Beach now as they did when Jean Watt lobbied for this project? Is it really necessary to spend that much money to replace a well functioning pump station? My only goal with this letter is to ask you to step back and exercise your own judgement. I know you are a dedicated, hard working and able person, serving in a mostly thankless job because of a sincere to serve. Whatever decision you reach, whether you agree with me or not, please believe that I know you reached it after considered study and are acting in what you have concluded to be the best interests of the entire City. Very trujy yours, Warren B. Wimer October 20, 1997 Honorable City Council Members Newport Beach, California RE: BALBOA PUMP STATION ON LITTLE ISLAND I'd just like the "FACTS" - STOP all the scare tactics and let us know what is really going on. There is so much erroneous information being said about the pump station. We are all very concerned. The present location has been functioning for over 50 years in the alley behind South Bayfront. At present we have two old pumps and no back up generator. We know we need new state of the art pumps, plus a backup generator to pump the sewage off the Island. The present location can work and at a fraction of the cost proposed to be spent on a new site and a huge sewage tank to be put in front of our homes and Little Island Main Swimming Beach where all our children play. Please take a closer look at how the residents will be affected and the need for the additional expense of the sewage tank and new location when the present location with new equipment can function at a fraction of the cost. You've heard the old adage "If It Ain't Broke - Don't Fix It ". We would not need to spend the approximate $400,000 to dig up all of Jade Street from the South Bayfront alley to Park Avenue if the present location can still be used. Do we really a huge sewage storage tank holding 41,400 gallons of raw sewage to Be put in front of our homes and beaches? ,It is not necessary to hold the sewage - we want it pumped off the Island. This can be accomplished with fail safe pumps and a back up generator in case of power failure. Every year over the past five years Balboa Island has had fewer residents, both summer and winter rentals. Essentially rentals have been cut in half. Many older duplexes that have been used as summer rentals and rented to large groups have been torn down and been replaced with single family homes. We have less people using the properties with more water saving toilets, showers and other appliances, hence less of a load for our sewage stations. Do we really need this large expensive facility creating chaos and concern for the residents of Balboa Island? How will this affect our environment, our water, our beaches and our neighborhood? Do we really need to spend almost 2 million dollars of taxpayers money that can be put to better use in the City? Sincerely - A Very Concerned Citizen oar, a Balboa Island Resident :Q 0 z Z'. ¢ Z .; [n % t!] zwa�a o �ax Hu41 10 Q w HI al to N Ex- G C7xS H E Ga E cn WOH H W C7 w X 2 H CO HG W F > 3 xw00 E a £ x H 0 0 0� F 5 a F O wz z O H W Z Q r.� H W oa w Z F a o m x C7 oa z aw w C7 5 3 q o cn Zv'E C ro N a p�m , O w . •.a u .ro C > x -W O 041 mo N -W N b a C E 4 L (U acM � d • = . 4 3 w H ri x c En2E Z a Z a 2 O 4 O W £ O x W Z - 04 0 O F F 03 E H r� £ 0 W i W 3 i C7 W �i A a E z ° wzU. co C14 04 4 l a E O r iI -N f / � II c C ,� I t411 tj 0 � P i 11 x -- i Z4x F O E F Z < 3 E H Q Fa3 cn U3 000 w a 0 Z E a FEE / Z C]HUZ P4 �w . aFa£ F H £ Z Z o H O waw a ZMcoH W Ow co> axxwz 04 CO b �Yb j 0 7 E W 01 W h E+ rZ HIwwwx / ; k, Z 0 U EE PQ I z a w z N < N < / x 0' H a a g a o£O O W w ZH 040404E � /,:'�/% �S H O F E E 041 05 a Z m . D: 3 W v) rF2 U - ui a W r a a x F W x E O E E O U Z >+ Ga H .mW E P7 2 °a Itt x � w W� w � x E O PQ x tv U E O "The Other Side of the Story" Section 5 Sewage Pumping Station Newport Beachi California The Task to Be Agcomntished The Section 5 Sewage Pump Station, locates] in the Jade Alley on Little Balboa island is old. Therefore, the City Council, in the budgeting process several years ago, decided that the function it serves, to pump sewage at an 850 gpm peak flow rate', should be accomplished with up to date equipment. Inasmuch as the City Council, determined that the pump station needed to be updated because it is old, an appropriate design should incorporate a high degree of pump and power back up reliability consistent with fund availability and other current priorities within the City of Newport Beach. City staff, for several years, decided to replace the existing pump station rather than update it. The reasons for that decision are not clear. Obviously, the City Council's goal should be to accomplish the updating task with maximum cost effectiveness and minimum disruption to residents. City Council's Directiop to Staff. 9/8/97 "Staff to return to Council in 45 days [October 27th] with a conceptual plan and a proposed contract to let to upgrade the existing facility at the existing site with the same degree of reliability which the proposed station has without the one -hour storage facility, but with pump and power backup reliability, and to defer action on Item$ 1 -4 until October 27, 1997. Without objection , the motion carried by acclamation,"' Response by, Staff Staffs response to the City Council's directiod was supposed to have been presented at a public meeting of the Public Works Committee schedule for 9:00 a.m. on Monday, October 20, 1997. That meeting was canceled. Mr. Webb's office (Ms. Lopez) advised interested citizens that the meeting was canceled "because Mr. Webb couldn't have everything together" in time? A follow up telephone conversation directly with Mr. Webb resulted in, "I hope it's ready by Tuesday afernoon.i' It was not. As a result of the cancellation, the affected citizens are deprived of adequate information and, as this is written, have no idea whether staff has been responsive to the direction to develop "a conceptual plan and a proposed contract to let to upgrade the existing facility at the existing site" or not. Based on the consistently expressed interest of Mr. Webb, since he was appointed as Director of Public Works, to build a completely new sewage pumping station at the end of Park Avenue, it is assumed that Mr. Webb will advise that he is not capable of saving significant funds HALEW.LTR by cost effectively rehabilitating the existing Section 5 Pumping Station and, therefore, will stick to his guns on building a brand new pump station. If Mr. Webb stays true to form, he will try to convince you that it is just as costly to repair and upgrade the existing station as it is to build an entirely new one. This report is based on that assumption inasmuch as we have to operate in the dark because Mr. Webb canceled the September 20th Public Works Committee meeting and the staff report was not available on Tuesday. The City Council's Choices If the City Council is faced with the inability of staff to cost effectively carry out the City Council's direction of September 8, 1997, then the City Council is faced with both a challenge and a choice: I. Do that which Mr. Webb has mandated -- build a brand new sewage pump station; or 2. Find someone who can react positively and efficiently carry out the City Council's direction to: "prepare a conceptual plan and a proposed contract to let to upgrade the existing facility at the existing site with the same degree of reliability which the proposed station has without the one -hour storage facility, but with pump and power back up reliability." There is at least one in -house department that has already proved by its performance in accomplishing analogous tasks that it has the capability to efficiently implement the City Council's September 8th direction. In the alternative, the task of rehabilitation of the Section 5 Sewage Pump Station at the existing location could be efficiently outsourced to private industry on a "design and build" basis. Design Responsibility Obviously it is not appropriate for a concerned citizen's group to undertake design of the rehab of the Section 5 Sewage Pump Station. At the same time, as concerned citizens, it is not appropriate to oppose a valid and worthwhile project -- if it is cost effective -- based on a "not in my backyard" mentality. While the opposition to what has been termed the "Taj Mahal of Sewage Pumping Stations" commenced because of a NIMBY mentality, the more that unaffected citizens looked into the project, from both a technical and cost standpoint, the more it has become apparent that the project, as proposed, on September 8, 1997: 1. Was the least cost effective of all possible alternatives to accomplish the task of continuing the existing capability of moving 850 gpm peak load of sewage off the island;' 2. Maximized, in the short term, the disruption to residents; 3. Maximized, in the long term, the impact upon the most number of residents; and 4. Maximized the potential of inverse condemnation damage to the residents, which is a non - insured risk of the project.' Iit\LEW.LTa 2 9 6 The Rehabilitation of the Section 5 Sewage Pumping Station Should Not be a Political Issue For obscure reasons, residents opposed to the expensive alternative recommended by the Department of Public Works, i.e., "fighting City Hall," and questioning the cost effectiveness and reasonableness of spending $2,000,000 to replace a sewage pumping station that can be totally replaced at its existing location, have been subjected to personal attack, and the issue has turned into a political war that bears little relation to the technical merit or cost effectiveness of the proposed project. That is dumb. The only legitimate issue is whether or not the City Council is convinced it must build a brand new station in a different location to continue to have the existing capability of pumping, at peak loads, some 850 gpm of sewage off the island; or is there a better way? If Mr. Webb says there is absolutely no more cost effective way, and the City Council decides that he is the only person they can rely upon, then each and every citizen of the City, on a per capita basis, will be required to spend $28.50 ($2,000,000.00 _ 70,000) to build it if a .. contract is awarded as per the September 8th agenda item to approve the award of a contract to Advanced Constructors of Upland and a management contract to Daniel Boyle Engineering, Inc.' Approval of the contract would have been a tremendous waste of Newport Beach's money, because the task can be accomplished at a fraction of the price. The City Council astutely recognized that there were serious issues of the wisdom of a $2,000,000.00 undertaking where the only increased capability that was going to result was to provide one hour more response time and easier maintenance access to the Department of Public Works. That is especially true in the current budget crunch, and other demands on the resources of the City that may not have existed when the project was initially budgeted. Technical Expertise Exists Outside of City Stall The citizens that oppose the City's building a brand new facility have received valuable input from the following engineers that have examined the project. Fred Youngdahl, Civil Engineer and Principal; Youngdahl, Park &Associates, Civil Engineers, more than 35 years' experience designing and working with municipal infrastructures Wendell Warner, Civil Engineer, Consultant; Superintendent of Construction and Maintenace (ret.), Disney Corporation 40 years' experience, responsible for facilities management for the Disney Corporation. Ben Heyer, Chemical Engineer, (ret.); California Energy Commission (reviewed the design and construction of refinery projects) Doug Ashton, Licensed Plumbing Contractor; _13 years' experience in plumbing business in and around Balboa Island and Corona del Mar; owns 30 -year old, 4th generation plumbing business William Willis, Electrical Engineer; Southern California Edison (ret.), senior management IitllLMLTR 0 0 Stephen C. Wexler, Ph.D., Civil Engineer, Wexco International Corporation, construction consulting, management safety and engineering Brad Avritt, E.I.T., Vice President of Wexco International Corporation, construction consulting, management safety and engineering Ouestions Raised/Mr. Webb's Response/Fact RESPONSE TIME: Question: Given the fact that in over 50 years there have been minimum problems, and given that over that 50 -year time frame no emergency power back -up has been in place, why do we need to buy an additional 1 hour response time? Mr. Webb's Response: Need time for my people to get there -- almost had a spill the time that the power grid went out all over western part of the U.S. Ft: A simple back -up generator -- located anywhere on the island -- would have kept the Section 5 Pump Station operating with no down time at all. Cost, if most expensive method selected, putting a dedicated back -up generator into a vault, under $300,000.00, for a new a ili . See "ELECTRICAL" below. ACCESS: Question: Can the City service the existing location? Mr. Webb's Response: We have skillful drivers. It is a tight squeeze, but they have been able to do it. We like the end of Park Avenue because it will make access easier for our employees that drive the trucks and service the facility. Fact: The Section 5 Sewage Pumping Station has been adequately serviced for 50 years. Is technology going backwards so that what was serviceable in the latter half of the 20th century, is not serviceable in the 21st century? ELECTRICAL: Question: Why didn't you incorporate a back -up power source in the original new design? Mr. Webb's Response: We put in a portable generator as an option item on the request for bids. [It is budgeted at $80,000]. We thought a [41,000 gallon] holding pit was a more fool proof way to go than a dedicated emergency generator. Cannot put in an electrical generator vault because a vault cannot be designed to stay dry. There is no place on Balboa Island to install a permanent emergency generator or to store a portable generator. F=: There are several ways to go that are cost effective. Attached as Exhibit I is a HALEW.LTR 4 • • representative quote for a typical standby generator that would provide a power source back -up. It costs $23,071.00. For budgetary purposes, for an above - ground installation anywhere on Balboa Island, triple the price to $75,000.00. To underground vault it (possibly in the Park Avenue median), our engineers estimate a budget at $300,000.00 total. Dimensions are 10'x 12' x 8'. Alternative (or double redundancy back -up power source) solution is to have Southern California Edison run a dedicated third grid onto the island that would be unaffected by normal power failures that would knock out the two existing grids that serve the island. Estimated the third grid that would hook into an independent source from a distant inland city. Estimated cost, N.T.E. $50,000.00. Mr. Willis has presented this idea to Mr. Webb. UNDERGROUND VAULTS: u i n• Why can't a back -up generator be placed in an underground vault? Mr. Webb's Response: No way to keep it dry. Cannot construct a waterproof vault on Little Balboa Island. Problems with high tides, shutting off the surge gates. Facts: 1. The existing Section 5 Sewage Pumping Station has regular, non - waterproofed plugs into the wall. It always has. It stays dry. See Exhibit 2 pictures. 2. All utilities, including the electrical lines, are scheduled to be undergrounded on Balboa Island and Little Balboa Island. Presumably, waterproofing is not that big a problem. 3. Underground electrical vaults are routine, using products from Ameron International, or a host of other suppliers, or pre - fabricated fiberglass enclosures. It is routine to mount the generators approximately 12 to 18 inches above the floor and install a water activated sump pump. Same principle as a bilge pump. EXISTING STRUCTURE: Question: Why not utilize the existing structure that has worked adequately for 50 years? Mr. Webb's Response: The concrete is "badly deteriorating"' and cannot be efficiently rehabilitated. FEgjgt: The "Arrow -Lock Sheet Lining System," available from Ameron International is a system that is designed specifically to rehabilitate and water seal corroded concrete structures. It is based on a T -ribbed PVC sheet lining product offered by Ameron since 1947. According to the specification sheet, there are no reported sewage pipe or structure failures after 50 years where the Ameron system was installed. A copy of the brochuretspecification sheet is attached as Exhibit 3. Please note from the Exhibit 2 pictures that the existing structure has held up remarkably Iit LMLTR well, and is far from "crumbling ". This existing structure would be better than new if the 1.65 mm Arrow -Lock Sheet Lining System is properly installed. SEWAGE BACK -UP: Ouestion: What will happen to the sewage if there is a system failure and sewage does not get pumped off the island and the Public Works Dept. cannot timely respond? Mr. Webb's Response: Sewage will back up quickly, and possibly toilets will overflow. Fact and Recommendation: There is from 1/2 hour to 1 hour surcharge in the system, depending on flow rates if a catastrophic breakdown occurred and if the Diamond Station stays on line and keeps pumping into the Section 5 Station while the Section 5 Station is down. By installing a pressure cut -off switch, if the Section 5 Station pumps all fail, and all the recommended electrical back -ups fail, then the Diamond Station would then also automatically shut down, substantially increasing the surcharge capacity, hence the available response time. Cost to implement -- minimal. The sewage back up, should one occur, would commence at the lowest elevation. That is likely to be through manhole covers, not people's residential toilets. PUMPS: Question No. 1: Don't they make pumps any more that are the correct size to fit into the existing space at the existing location? Mr. Webb's Response: No definitive response was ever obtained. >aq: Pump technology has not gone backwards in 50 years. There are numerous sources of highly reliable pumps that are the same size or smaller than the existing pumps. For example: Highly reliable pumps are available from Peerless Pumps, Halstead & Hogan and BJM Corporation. Question No 2: Is it not true that the statistical probability of two pumps malfunctioning simultaneously is infinitesimal? Mr. Webb's Response: Yes. Fact: Yes. PRIORITIES There is always an organizational tendency to approve projects, once they have been budgeted. There is also a strong organizational tendency to back up staff, even when common sense, logic and rational analysis tells you different. There is also a built -in pendency to view affected residents who buck City Hall recommended to public works projects as selfish and obstructionists. Those biases should be put aside to properly analyze the merits of the relocation and construction of a brand new Section 5 Sewage Pumping Station. HALEW.LTR 6 For a combination of reasons, that you as a City Council can investigate yourselves, this project just got out of control from the start and through institutional momentum it keeps going and going and going.` It may be difficult, but it is not too late to stop the inexorable bureaucratic momentum. (The recommended alternative, based on solid engineering input, is to turn the task over to General Services, give them a budget of $600,000.00, stand back, and watch the job get done. The alternative choice is to bid out the project to provide industry as a design and build project, using as the basic design specification the City Council's September 8th clear direction to staff. The City will be hundreds of thousands of dollars ahead when the bids come in at less than half of the combined $1,843,062.00 contracts proposed for award at the September 8, 1997, and the job will probably be completed more quickly. XCIO M If the City of Newport Beach goes forward with the Taj Mahal of Sewage Projects, there is a likelihood that structural damage will be caused to the Allen and Lewis residences, and a possibility that damage will accrue to others.' For once in my life, as a litigator, I have been given the opportunity to try to prevent damage before it occurs -- but I feel like I am shouting into a force 5 wind. Please listen -- please understand -- the proposed project is a classic example of bureaucracy run amok. It's just an old sewage pump that needs to be updated! For $2,000,000.00? That's just plain wrong. We did not elect the Director of Public Works to run this City. Respectively submitted, WARREN B. R 'With apologies to Eveready bunny. HALEW.LTR 7 End Notes 1. Average flow rate is 300 gpm. Preliminary Report for Section 5 Sewage Pump Station, AKM Consulting Engineers, October, 1996. 2. Minutes of City Council of City of Newport Beach, September 8, 1997. 3. Telephone call; Hernandez to Lewis, October 15, 1997 Telephone call; Webb responding to Wimer call, October 20, 1997. Most expensive and most disruptive as per the Preliminary Report for Section 5 Sewage Pump Station, AKM Consulting Engineers, October, 1996. The contractor's coverage is limited to coverage for its negligent acts. It does not cover the government entity's liability for diminution in market value or any other taking, which is recovered under a doctrine of strict liability, nor does it cover attorney fees and related litigation costs associated with an inverse condemnation recovery. 7. City Council Agenda, September 8, 1997, Item 15. Mr. Webb's comments to the City Council on September 8, 1997. Actually, Mr. Webb made only his second personal visit to the interior of the Section 5 Sewage Pump Station last week. Exhibit 2 pictures were taken at that time. The concrete is still in good shape. 9. Ninyo & Moore Geotechnical Evaluation Report, Section 5 Sewage Pump Station, Balboa Island, Newport Beach, California. I&LEW.LTR 20321 SUSANA ROAD RANCHO DOMINGUEZ, CA 90221 PHONE:(310) 604 -9488 FAX:(310) 604 -3831 •' 1/ l' i • 1/' i October 3, 1997 Park & Associates 3822 Campus Dr. PROJECT: STANDBY Newport Beach CA QUOTE: Q DALE Telephone (714) 852 -0204 Ext. - - - - -- Fax (714) 852 -0216 Mr. Young Park : We are pleased to offer the following equipment for the above mentioned project. The generator has been quoted after our review of your specification A.) (1) KOHLER generator model 135ROZJ -R, Diesel fueled, rated at 135 KW 169 KVA 277/480 volts, 3 phase, 4 wire, 60 Hz, 1800 rpm, INDOOR installation. B.) (1) KOHLER TRANSFER SWITCH model K- 166541 -0225 with overlapping neutral 3 Pole 4 Wire 225 amps Nema one Generator & Transfer Switches ......... ............................... $22,571..00 Start & Test at jobsite, fuel not included ................... $ ,500.00 TOTAL PRICE ( taxes not included ) ................. $23.071.00 TERMS - Are net cash unless prior arrangements are made with Engine & Equipment credit department. On approved credit Payment is net 30, subject to all the terms contained in our credit application & page 3. Past due accounts are subject to interest charges, Engine & Equipment is a supplier of materials and related services, we are not a contractor and will file a Mechanics lien preliminary notice in accordance with provisions of section 5097 of California Civil Code RETENTIONS are not acceptable. Availability is 12;- 14 weeks from the date of approval and release to production and is subject to change based on manufacturer's lead time KOHLER GENERATORS Engine & Equipment Company Q_ Page: 2 OF 3 EXCEPTION TO THIS SPECIFICATION• PAGE SECTION PARAGRAPH 135ROZJ -R KOHLER GENERATOR SET: UNIT MOUNTED: John Deere Diesel Model 6081 TF001 Generator KOHLER Model 4513 Deg 130C. generator temp. rise Controller 16 Light Microprocessor (NFPA -110) Air Cleaner Restriction Indicator Extended oil drain with shut off valve Engine block heater w /thermostat Cooling System Ambient Temperature 122 F Low Coolant Shut Down On Radiator Pre -alarm package, low oil pressure, high water temp., overspeed Overvoltage Protection Safeguard exciter breaker Mainline circuit breaker, 200 Amps Flexible fuel lines Skid base fuel tank 100 gallons with leak dector (2) Lead Acid starting batteries w /rack and cables Unit serviced with lube oil and antifreeze KOHLER GENERATORS PAGE 3OF3 Q_ Battery Charger Float /Equalize 10 amp, 120 v,ac, 12 vdc Critical exhaust silencer, flex, - installation by others 1 set of Parts and Operators Manuals Seismic Spring Isolators Start and Test at jobsite at completion of installation, fuel not included, Must be performed within six (6) month from date of delivery. 1 Year Warranty as supplied by Kohler Company K- 166541 -0225 KOHLER AUTOMATIC LINE TRANSFER SWITCH: (2) Lights red emergency green normal Auxiliary contacts 1 normal 1 emergency Clock load /noload TERMS - Prices quoted are F.O.B. jobsite on truck, unloading and placement responsibility of others. All deliveries are Monday thru Friday 8:00 AM thru 3:30 PM. Waiting time is billable at prevailing labor rate. Deliveries outside normal business hours will be quoted upon request. Initial Start & Test will be preformed during normal business hours. fuel for testing and initial fill is not included. The engine generator in this quotation is in accordance with BACT or pre- certified with the South Coast Air.Quality Management District (SCAQMD), for further information contact (909) 376 -2710. No other permits & licenses are included with this quotation. Lugs & Bus Bar on transfer switches, circuit breaker will be manufacturer's standard. Special lugs & bus bars will be quoted upon request. Silencer and related equipment unless noted in bill of materials will be shipped loose. All supports, bracket, insulation, thimbles, etc. are responsibility of installing contractor. Parts book and operating instruction manuals are as provided by manufacturer. TERMS ARE NET CASH unless prior arrangements are made with Engine & Equipment credit department. On approved credit Payment & Terms are net 30 days, subject to all the terms contained in our credit application, past due accounts ,are subject to interest charges. Engine & Equipment is a supplier of materials and related services, we are not KOHLER GENERATORS a contractor and will file a Mechanics lien preliminary notice in accordance with provisions of section 5097 of California Civil Code. RETENTIONS are not acceptable, We will issue invoices only for equipment delivered, partial shipments will be invoiced and are payable within 30 days. Prices quoted are valid for 60 days from the date of this quotation. Availability is 12 - 14 weeks from date of approval and release to production and is subject to change based on manufacturer's lead times. The terms and conditions of this quotation will prevail over any conflict that may arise with a purchase subsequent to this proposal. KOHLER GENERATORS Shows condition of concrete in dry well, telephone hook -up (underground but not waterproofed) Shows condition of concrete from another angle i �' t The picture demonstrates that any impressions that have been created to the contrary, there is ample room to work in the existing pump station. CONCRETE IS IN GOOD SHAPE No problems with the concrete are evident. It could be spruced up a bit if cosmetics are important. MAINTENANCE LEAVES SOMETHING TO BE DESIRED Rust is a preventable problem. That is a main- tenance issue. Building a new facility is not an appropriate response to lack of preventative main- tenance at the facility, and it would be ludicrous to bootstrap into spending money for a new facility and justify it by showing problems caused by lack of proper maintenance. PULL THE PUMPS AND REPLACE THEM If the pumps are really in bad shape, it is no big deal to pull them and replace them. They don't appear to be in that bad a shape, however the flanges and piping could use some cleaning up. There is no good excuse for rust. It would also probably be a good ideal to install a waterproof electrical fixture in place of the current fixture. i 1 r t M EXISTING WET WELL Shows the existing wet well concrete condition. Surface spalling and the encrusted material over laying the concrete is apparent. The concrete appears to be structurally sound. The hole that appears on the picture to the right was punched by the Department of Public Works. The condition of the concrete is the condition that the ARROW -LOCK Sheet Lining System produced by Ameron International has been designed to ef- ficiently rehabilitate with a combination of epoxy gel and T- Ribbed PVC Sheet Lining material, using tech- nology that has been proved over a 50 year span. In the upper picture, please note the flow level. Pic- ture was taken at 0815, normally a high flow level time of day. 9 0 EXISTING ELECTRICAL The existing subsurface electrical control, monitoring, power panels. A ManMUfas Lift stations Digested Primary- effluent channels Sl��ge "wed .w.eils - -4 -rr primary se0[Itton Arrow -Lock Sheet lining Systewe, I ( l"na g ) The Rrrom -Lock System is the oeu+ cost - effective may to rehabilitate corroded concrete manholes. n 1947, Ameron intro- duced T- Locko, a T- ribbed PVC sheet lining material for protecting new concrete sewer pipe and structures against the ravages of hydrogen sulfide gas attack. 50 years later, no sewer or structure protected by T -Lock has ever failed because of corrosion. Now we are pleased to introduce the Arrow -Lock Sheet Lining System designed specifically to rehabilitate corroded concrete manholes and structures by providing the same kind of long- term protection offered by T -Lock. The Arrow -Lock Sheet Lining System uses two distinct products to achieve its results: Arrow -Lock Sheet Lining (like T -Lock, but with arrow -ribs instead of T -ribs) and Arrow -Lock Mastic, a two -part epoxy mastic used to mechanically lock the lining to the concrete substrate. Like T -Lock, the Arrow -Lock Sheet Lining System provides a continuous, virtually impervious, plastic lining to protect concrete against hydrogen sulfide and other sewer gases, acids, alkalis and salts. Because of Arrow - Lock's unsurpassed protective capabilities, its overall cost can be substantially less than competitive products. Mastic Welding strip Corroded Arrow -Lock concrete lining RRROI;J -LOCa SHEET UOIbO Arrow -Lock Sheet Lining is made from high - polymer vinyl chloride resins extruded under high temperature and pressure to form an extremely dense and impervious liner. Projecting, arrow - shaped ribs mechanically lock the lining to the Arrow -Lock Mastic (see below). Protective properties are equal to those of T- Lock Amer- Plate. [JRROCJ -LOC(1 C7[JSYIC Arrow -Lock Mastic is a 1:1 epoxy gel for filling voids and bonding to properly prepared damp or dry concrete substrates. Although the material bonds tightly to concrete, it is not designed to provide an adhesive bond to Arrow -Lock Sheet Lining; absence of an adhesive bond is beneficial since it allows ground water seepage, if it occurs, to drain away without damaging the lining. Instead, Arrow -Lock Mastic flows around the lining's arrow -ribs and, after it cures, mechanically locks the lining permanently into place. On, �I0 is 1 r�u 1 Ir f I� 0 I � %. r�STrniv_- 1:.a�r�ieeEL3� -long-term dto M.4" rebitbilltatlot as'fast and. simple as possibleMere's how the. system works: li A structurally sound concrete substrate is cleaned free of such contaminants as dust, oil, dirt and corrosion residues. This may be accomplished using either sand or water blasting, mechanical abrasion or acid etching. (See Arrow -Lock Mastic application instructions.) An intermediate layer of Arrow-Lock Mastic is applied to the concrete substrate to a minimum thickness of 1/4" using trowel, screed, or other suitable tool. The result is a smooth finished, im your concrete structures agalpl - Ago �J' -._... yea ur p,,i, ea -pla side against the imernum iate'Teyer then pressed to thoroughly embed the arrow- : 'nibs into -the tt ocv -Lo' k inas&, forming a mechanicaf.lock to the substrate. ef(U 1 1 Liner sections are connected together to form a continuous, impervious lining by placing PVC welding strips over the joints and fusing them with a hot -air welding tool. C � Cl When installation and welding are complete, the entire lining is visually inspected and weld areas are manually probed with a blunt instrument, such as a putty knife. Any imperfections will be repaired before the lining is placed in service. -a; Wons liner designed to protect severe corrosion for decades. Whv Arrow -lock provides the most cost - effective long-term protection for corroded concrete structures Provides outstanding resistance to a broad range of highly corrosive chemicals, including hydrogen sulfide and other sewer gases, acids, alkalis and salts. Effectively resists gas penetration; unaffected by continuous exposure to high humidity or water. Seams are heat welded to form a continuous lining over the entire structure. Typical system applications: Arrow -Lock is ideal for new, bar taiprotected strucanres and for rehabilitation of manholes, lift stations, digesters, priniarysedimentation tanks. prinmryeffluent channels and sludge wetnoells and headworks. Use of a mechanically bonded, flexible liner allows the system to bridge cracks in the structure without liner delamination. Absence of adhesive bond between PVC lining and intermediate mastic allows possible future ground water seepage to drain away without damaging the lining. If damaged, lining can be repaired quickly and easily by removing the damaged area and welding another piece in its place. High - polymer vinyl chloride material used to produce the Arrow - Lock sheet lining is the same as T -Lock Amer - Plate, which has been in service 50 years without a failure. Can be installed successfully over damp concrete surfaces; eliminates need for costly waiting periods to allow concrete surfaces to dry. Substantially reduces ground water infiltration. Unaffected by the actions of fungi or bacteria. Effectively resists gas penetration; unaffected by continuous exposure to high humidity or water. Seams are heat welded to form a continuous lining over the entire structure. Typical system applications: Arrow -Lock is ideal for new, bar taiprotected strucanres and for rehabilitation of manholes, lift stations, digesters, priniarysedimentation tanks. prinmryeffluent channels and sludge wetnoells and headworks. Use of a mechanically bonded, flexible liner allows the system to bridge cracks in the structure without liner delamination. Absence of adhesive bond between PVC lining and intermediate mastic allows possible future ground water seepage to drain away without damaging the lining. If damaged, lining can be repaired quickly and easily by removing the damaged area and welding another piece in its place. High - polymer vinyl chloride material used to produce the Arrow - Lock sheet lining is the same as T -Lock Amer - Plate, which has been in service 50 years without a failure. OENERSI. PROPERTIES Composition: High- nnolecular- weight vinyl chloride resins are combined with chemical- resistant pigments and plasticizers, creating a completely inert mixture that is extruded under high temperature and pressure to form a liner with a nominal thickness or.065" or 1.65MM. Impermeability: Actual Inching during manufacture assure} that all portions of the composition flow together, becoming a homogeneous, impermeable liner. Before shipment, all sheets are tested with a high - voltage electronic holiday detector to ensure integrity. PUMOM PROPMOES Thermoplastic, flexible: Because Arrow -Lock is composed of thermoplastic poly -vinyl chloride resins, it remains permanently flexible. The lining can be easily shaped over intricate forms, corners and edges, providing complete protection to these difficult areas. Gas Transmission Rate: Using 40 -mil sheet and ASTM test method D1434 Procedure V, the rate of transmission with a 16 -inch water column pressure was 0.0 cc /100 sq. in. /24 hr. average. Gas Resistance. Arrow -Lock provides a pin - hale -free lining that is a highly effective barrier to gas penetration. In tests with hydrogen sulfide on one side of the sheet and a lead acetate solution on the other, no darkening in the lead acetate has occurred, even after long exposure. Abrasion Resistance. Arrow -Lock is superior to bare concrete. Using ASTM D 1044 test method with a CS -17 Calibrase Wheel loaded to 1000 grains, the weight loss is 35 mg per 1000 cycles. Elongation: Minimum elongation is approximately 2001% (ASTM Test D -412). Because the lining is mechanically locked to the substrate on nominal 2" centers, it easily bridges any normal structural cracks. Hardness. Shore Durometer D is approximately 50 at ambient temperature (ASTM Test D- 2240). Tear resistance. Using ASTM D 1004, the resistance to tear is 220 g /mil of thickness. G63 1116Al PROPEOMS Acid resistance. Arrow -Lock is unaffected by continuous exposure to dilute solutions (at ambient temperature) of most mineral and organic acids, including sulfuric, chromic, phosphoric and nitric. (For elevated temperatures or other concentrations, obtain a recommendation from Ameron.) Alkali resistance: Arrow -Lock resists solutions of alkaline chemicals such as sodium hydroxide, sodium carbonate, trisodium phosphate and calcium hydroxide when they occur as chemical waste products being transported at normal ground temperatures. Salt resistance. Arrow -Lock resists all highly corrosive salts such as sodium chloride, copper sulphate, calcium chloride, ferric chloride and alum. Solvent resistance: Arrow -Lock resists dilute solutions of alcohols that normally occur in sewage wastes; it is not resistant to chlorinated hydrocarbons, esters, ketones and similar solvents. Petroleum resistance: Arrow -Lock withstands exposure to petroleum products that normally occur in municipal waste disposal systems; it is not designed for continuous exposure to high concentrations of petroleum products. 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CM A-1 I w a all wl 1. i. 0 ri ii 1. i. is cz: o. i. 0 ri lJ RECEIVED '97 OCT 27 P10:23 4 OFFICE IF THE CITY CLERK CITY Of =::WWH 4 ,A q 7 , ONOl. El 9 (f &0 Jt v#I,A October 23, 1997 ARCHITECTS e PLANNERS John E. Noyes, Jr., City Council Member City Clerks Office P.O. Box 1768 Newport Beach, CA 92658 -8915 Mr. Noyes, at]rnrlft n- o h� RECEIVED '97 OCT 27 P10:13 OFFICE OF THE CITY CLERK CITY OF KEVIPORT BEACH As residents of "Little" Balboa Island at 107 Crystal Avenue, we would like to express our very strong support for the approval of the pump station at the location recommended by the City Public Works Department at the end of Park Avenue. We feel certain that this is the only practical and realistic location for the new facility and remain very concerned about the ongoing delay in initiating work. While no -one can criticize a concern about spending our taxpayer dollars, we feel this was an obvious "smoke screen" to cover the embarrassing lack of knowledge exhibited by certain council members regarding the facts of this project during the September 8 meeting. As "our" council member, we urge you to move beyond individual neighbor differences of opinion and get this critically- needed project under way at your October 27 meeting. Respectfully, AT . . !!, / M_ — cc: John Hedges Jan Dcbay Norma J. Glover Thomas C. Edwards Dennis D. O'Neil Tom W. Thomson 714.752.1800 Fax 714.833.9603 4611 Teller Avenue Newport Beach California 92660 USA 0 "RECEIVED AFTER AG MA PRINTED:" At L—L 0: City Council Agenda Vn I69T -Iff A10:58 TO: MAYOR AND CITY COUNCIL MEMBERS OFFICE. OF THE CITY GLERi( FROM: WARREN B. W1WR CITY OF I'EY +PORT BEACH SUBJECT: REPLACEMENT OR REPAIR OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION RECOMMENDATION Adopt Recommendation B of the Department of Public Works Staff Report on this subject, to wit: "Reject bids and provide direction to staff on the redesign of the project." BACKGROUND The following technical information is provided by a committee of engineers that reside in Newport Beach, who do not reside in the area affected by the proposed construction, but who feel so strongly about the inappropriateness of the project proposed to the City Council on September 8, 1997 that they have volunteered their time and expertise to assist the City Council to arrive at a proper decision. The engineering committee regrets that it was not in a position to provide its evaluation of the staff recommendations at an earlier date, however it did not have access to staff's recommendations until last Thursday, and the various disciplines required time to analyze the report, and provide comments. DISCUSSION The engineers that have been interested in this project had to work in the dark until Friday. They have now had the opportunity to review the three alternatives that the City has presented in response to the September 8th directive to staff. As predicted, after six weeks of effort, staff was unable to save any significant funds by designing a cost effective alternative to its $2,000,000.00 project. However, although it has put an inflated price on it, design Alternative 2 is a superior technical choice because, if modified properly, Alternative 2 is: The most cost effective of the four presented alternatives, consistent with providing ease of maintenance with the AKM designed rail mounted submersible pump system, coupled with the emergency pumping connection; 2. It minimizes, in the short term, disruption to residents; 3. It minimizes, in the long term, the impact upon the minimum number of residents; _"M 4. Properly modified, as discussed below, it eliminates the potential of inverse condemnation damage to the residents, which is the non - insured risk of the project. Had the Public Works Committee meeting been accomplished as announced, the City would have had the benefit of engineering input at no cost, from its citizens: Bill Willis, Manager (ret.), Electric Distribution Engineering, Southern California Edison Fred Youngdahl, Civil Engineer, Youngdahl, Park & Associates, with over 40 years experience in design of municipal wastewater handling systems Wendell Warner, Civil Engineer, Superintendent (ret.), Construction and Maintenance, Disney Corporation, responsible for facilities management for Disney's major facilities Benjamin Heyer, Chemical Engineer, with over 35 years experience working on the upgrading and renovating of oil refineries and utility systems all over the world While these gentlemen are volunteers and certainly not going to undertake the City's design responsibility, they would suggest the following modifications to Alternative 2 that eliminate the design disadvantages listed in the staff report: 1. Have Southern California Edison install a cross -over switch from the Island grid to the Point grid. Both grids have never gone out simultaneously, except when the entire western part of the United States went out, one time in fifty years. This can be accomplished for under $50,000.00 and eliminates the need for a dedicated back -up generator. 2. Install an automatic shut off switch that will turn off the Diamond Street pump, which will provide approximately two and one half hours of response time. 3. No need to go down 65 feet to bedrock. Place two pipes in the floor, just deep enough so that the submersible pumps are, in fact submersed, to maximize their useful life, which should far exceed the old technology pumps currently in use. This is a technique routinely utilized. It is surprising that AKM Consulting Engineers did not suggest it in their attempt to develop a responsive cost effective design. 4. Access for maintenance of the pumps is obtained by sliding them up, one at a time, on their rails, to the surface. 5. Delete the additional Vactor truck as not required, or, to make the two proposals comparable for analysis, add the cost of the additional Vactor truck to the Park Avenue proposal as well. The estimate of $649,920.00 as the current cost of a new Vactor truck is suspect. If the amount of $649,200.00 has been put in to increase the estimate to artificially make Alternative 2 look bad, the City Council would be prudent to suspect every other number that has been provided to them has been similarly manipulated. 2 6. If the City Council decides that a back -up electrical portable generator is required, as a redundant back -up in case both of the Southern California Edison electrical grids fail simultaneously, then it is an equivalency with the proposed Park Avenue project, at the budgeted price of $80,000.00 for either project, because it is a secondary back -up in both cases. COST The Engineers Cost Estimate, prepared by AKM on October 6, 1997 (page 15 of the staff report) is $1,079,932.00. Including the portable generator as a second back -up electrical power source in the event of catastrophic electrical power failure at the budgeted amount of $80,000.00, plus the cost of an Island to Point cross over switch and an automatic Diamond Street shut down switch at $75,000.00, gives a total of $1,234,932.00 for a totally replaced new submersible pump station at its existing location. COMPARATIVE ADVANTAGES OVER THE PARK AVENUE DESIGN Existing well and dry well structure can be utilized for a single wet well (Staff Report, Exhibit A, page 4 of 6). 2. Submersible pumps that are unaffected by vault flooding (Staff Report, Exhibit A, page 4 of 6). 3. Pumps can be accessed and inspected without entering a confined area (Staff Report, Exhibit A, page 4 of 6). 4. Significant gravity sewer modifications are not necessary (Staff Report, Exhibit A, page 4 of 6). 5. The excavation requirements are minimized. 6. Construction disruption is minimized:' A. Do not have to excavate a new 35' pit. Reduces the excavation of 1541 cubic yards of sand and dirt, approximately 250 heavy truck loads, which will destroy the street and perhaps weaken the bridges to 92 cubic yards, with only 6 truck loads that have to be hauled off island. B. Do not have to tear up Jade Avenue from existing station to Park Avenue to install a 525' new force main, with another 292 cubic yards of sand and dirt excavation, approximately 90 of which have to be hauled off island. ' Engineers Cost Estimate, Project: Section 5 Sewage Pump Station - Convert Exist. Facility to Submersible Station - pages 14, 15 of Staff Report 46 C. Do not have to tear up Jade Avenue from existing station to Park Avenue to install a 609' gravity line, with another 510 cubic yards of sand and dirt excavation, approximately 96 cubic yards of which have to be hauled off island.' D. Sheet piling and dewatering is eliminated, which means that the primary potential for damage to adjacent structures is eliminated. E. Eliminates the need for hauling in and installing 63,060 lbs of steel. F. Eliminates 433 cubic yards of imported cast in place concrete. H. Without dispute, a much easier and less disruptive project to construct. 7. Will increase, by balancing, the surcharge capacity by more than the one hour originally cited by staff as the primary reason for constructing the big storage well, back on September 8, 1997. 8. Provides automatic electrical back -up without the necessity of the expenditure of substantial City resources. 9. Allows for the use of the same electrical back -up that is advocated by staff for the Park Avenue design, if a secondary back -up electrical is deemed a prudent expenditure. 10. Saves at least $430,218.00, and probably much more if there was an accurate quantification of risk management factors. DISADVANTAGES LISTED BY STAFF DO NOT WITHSTAND ANALYSIS 1. Life expectancy. The Ameron product recommended is manufactured by, and essentially identical to the product specified by the City.' 2. Submersible pump depth/cycling. Discussed above. Easy design improvement is to secure a pipe in the bottom of floor to install the pump. existed. 3. Access time. Has not been a problem for the entire time the pump station has 4. During maintenance, driveways will be blocked. Same as has existed for 50+ years. ' Requirements of the Park Avenue Project ' Section 5 Sewage Pump Station Notice Inviting Bids, Specification Section 07110, Paragraph 2.2 El 0 0 Should be mitigated by the slide rail design, plus the convenient access to the new emergency pumping connection that is part of the new design, incorporated in the AKM design. 5. Bypass pumping system necessary during construction. This is a routine construction issue. If there is a problem, it would be negligence of the contractor, an insured risk. 6. Bypass pumping will inconvenience residents of South Alley. True, but it will not cause their houses to settle %" to 3 ".° 7. Submersible pumps will operate mostly in open air. Same as #2 above. The problem can be designed around quite readily if the design professional is motivated to do so. 8. Existing structure must be modified to convert the dry well into an extended wet well. That is not a disadvantage - it is a description of what Alternative #2 is. 9. Valve vault must be constructed. Utility relocation, shoring and dewatering will be necessary. The valve vault is a standard precast 12'x 11.6' precast concrete vault. If excavation of 92 cubic yards is a disadvantage, contrast that to excavation of 1,541 cubic yards for a holding pit, plus another 1,000+ yards the entire length of Jade from the existing station to Park. 10. Ability to underground utilities will be hindered. Why ?, this appears to be a stretch. 11. East Alley will be blocked during construction. Contrast with blocking Park Avenue tearing up the length of Jade and relocating the residents at the end of Park during construction. 12. Vehicular access to at least three homes will the eliminated during construction. Contrast with blocking Park Avenue tearing up the length of Jade and relocating the residents at the end of Park during construction. 13. South Alley and south end of Jade Avenue will be blocked during construction. Contrast with blocking Park Avenue tearing up the length of Jade and relocating the residents at the end of Park during construction. 14. A permanent emergency generator will be necessary. No permanent generator is required. It has already been shown that an Island grid to Point grid cross over switch is a highly reliable design improvement. On top of that, it has also been demonstrated that "by turning off the Diamond Avenue pump station the system storage can be significantly increased to approximately ° Ninyo & Moore, Geotechnical Evaluation Report, Section 5 Sewage Pump Station, Balboa Island, dated February 28, 1997, page 9 105,000 gallons for the 3 islands"', which translates to approximately 2 %2 hours response time if an automatic shut off is installed. A permanent emergency generator appears to be a waste of money in view of the cross -over switch option that has been suggested by Mr. Willis. SUMMARY There are numerous alternatives to building a 41,000 gallon holding pit at the end of Park Avenue, and most of them are technically superior and more cost effective that the proposed new Park Avenue structure. For that reason, it has become evident that Staff's recommendation B is the alternative that the City Council should select, with direction to staff to do further work on Alternative 2 with the goal of lessening the cost, and increasing the reliability. It is not surprising that Alternative 2 was judged the technically superior alternative by the volunteer engineers who have reviewed the project. A review of the original AKM Engineering Report of October, 1996, prepared before they were instructed by the Department of Public Works to only proceed with the Park Avenue, Site 1 location, reveals that "A submersible pump station with no emergency storage, but fitted with a permanent emergency generator, would be the better alternative. The wet well could be reduced to a 10 ft. or 12 ft. diameter pipe, minimizing the excavation and subsequent impacts to the surrounding residences. "' Now, with the grid switch possible, even a dedicated generator is not required. Even with a dedicated generator, the submersible pump station at Jade was estimated to be the lowest cost approach by AKM Engineering, in contrast to the Park Avenue design they were directed to develop. Many residents have opined to this author their perception that the process by which multi- million projects are presented to the City Council fait accomplice for award is somehow flawed, and seems to result in a disproportionate shift of power from the City Council to staff. Perhaps this project presents a case study to examine those philosophical issues in an immediate context so that the process itself can be examined and improved. In the meantime, the prudent action is to adopt the `B" recommendation and address the broader issues at a different time in a different forum. This author believes it would be only fair and appropriate to compensate Advanco for their bidding costs. Respectfir y submitted t Warren B. Wimer s Staff report, page 6, 4th paragraph 6. Preliminary Design Report for Section 5 Sewage Pump Station, AKM Consulting Engineers, prepared October, 1996 0 October 23, 1997 Newport Beach City Council Jan Debay, Mayor Tom Edwards, Mayor Pro Tern Norma Glover, City Council Member John Hedges, City Council Member Dennis O'Neal, City Council Member John Noyes, City Council Member Tom Thompson, City Council Member Re: Sewage Pump Station Section #5 0 RECEIVED '97 GCT 24 A 9'51 OFFICE OF THE CITY CLERK CITY OF HIVPORT BEACH Dear Mayor Debay, Mayor ProTem Tom Edwards and members of the City Council, I am writing to, again, express my enthusiastic support of the new sewage pump station to be constructed at the end of (Park Ave.) the street where I live. We will be seriously inconvenienced by this construction, but support it nonetheless. Further, I would like to express my sincere appreciation and that of many of our neighbors, to the members of the Public Works Committee, the Director of Public Works, and his staff for their hard work and long hours on our behalf, we Thank You all. This project is very necessary for our health and safety. The bid price results, at the engineers estimate for the project, is additional evidence of your skill and effectiveness. I, along with many of the residents of Balboa Island, was very disappointed with the action of the City Council at the September 8 meeting. However, now that the cost study (Oct. 27), of the numerous alternatives, has proven beyond any doubt, that the project as presented to the City Council on Sept. 8 is the correct choice, I urge your immediate approval. Time is of the essence. The contractor was very gracious in allowing a time extension of his bid, and the project should be awarded to them without delay. Although I have actively worked for the approval of this project, I do have one reservation. The recommendation to retain the services of an additional construction manager is one that I do not support. The general contractor (Advanco) was carefully selected and has extensive experience managing, and constructing projects of this type for public agencies. Moreover, the contract requires that construction management be performed by the general contractor. It • Page 2 Therefore, I believe that the cost savings of $177,912.00, which is a significant amount, and the fact that the general contractor is responsible to perform these duties, additional construction management services are not necessary. Balboa Island (Big and Little) is a very special place, and I too actively support taking care of it in the best interest of all who reside here and the City of Newport Beach. Thank You all for your consideration and your hard work on our behalf. Sincerely, Phillip O. Lugar 1704 Park Ave. Balboa Island, Calif. 92662 cc: Mr. Steven D. Bromberg, President, LBIPOA F BY THE CITY COUNCIL j • I;fY OF NEWPORT BEACH September 8, 1997 CITY COUNCIL AGENDA ^ 1-4 =paQa� ITEM NO. 15 TO: Mayor & Members of the City ouncc�il " - w�t^/ FROM: Public Works Department SUBJECT: AWARD OF CONTRACT (CONTRACT NO. 2975) CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACEMENT RECOMMENDATIONS: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract No. 3156) to provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935) to compensate for additional engineering services to perform extra work beyond the original scope of work, for a fee of $56,343. BACKGROUND: The Section 5 Wastewater Lift Station is located on Little Balboa Island. (See Exhibit "A" for the location of all of the City's pump stations.) This pump station was constructed in the 1940's when Balboa Island was less developed and its sewer load was considerably lower than today. The station operates over capacity during peak flow demands, and the Utilities Wastewater staff is put on alert during these times in case the station fails. If a failure should occur, staff would then use the City vactor equipment to transport wastewater off the island. The current station does not have any other bypass capabilities. The 50+ year -old station has operated beyond its design life. The pumps are wom, obsolete, inefficient, undersized and unreliable. Many of the components of the station do not meet current state mandated codes and standards. • • Page 2 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 PROJECT DESCRIPTION: Contract No. 2975 will provide for the construction of a waste water pump station utilizing submersible pumps installed in a wetwell with sufficient capacity to provide one - hour emergency storage at peak flows. The pump station will be installed on Little Balboa Island in the center of Park Avenue between Jade Avenue and East Bay Front. A sewer line and force main will be constructed in Jade Avenue to connect the new pump station with the existing sewer and force main in the alley parallel with South Bay Front. The pump station will be below the pavement surface except for a control panel (in the sidewalk area) and vent pipes (in the median). A site plan and location map is attached. The estimated time of completion for the project is 255 calendar days (8 -1/2 months). The project specifications require the contractor to complete the work within this time frame, which will allow completion prior to the 1998 summer season. In addition, an incentive bonus /penalty amount of $2,000 per calendar day is included in the project contract documents to further enhance the chances of on -time or early completion, which will further minimize disruption to the community. The bonus is $2,000 per calendar day if the contractor completes the project early. There is also a $2,000 bonus incentive for completing work within Jade Avenue in less than 30 calendar days. Over the last six months this project has been discussed with the Public Works Committee multiple times. Most recently the project was reviewed at the July 28th, August 14'h and August 25th Committee meetings. There was public input on the project at each of these meetings. The attached August 25th Public Works Committee report (Exhibit "B ") describes how the contractor will handle a number of issues raised by residents on Little Balboa Island. At the conclusion of the August 25th meeting, the Committee endorsed staff's recommendation to award this project and requested that the item be forwarded to the City Council for consideration. Exhibit "C" is from the July 28th Public Works Committee meeting and lists reasons for siting the pump station on Park Avenue. COMMUNITY INVOLVEMENT: Over the past 3 to 4 years, Utilities and Public Works staff have given presentations to and met with both the Little and Big Balboa Island Associations on numerous occasions. Alternatives and design concepts were discussed at these meetings. Dottie Lewis, who lives on Park Avenue next to the proposed pump station, has submitted a petition with 75 signatures (letter and one page attached, Exhibit "D "). This petition indicates the Islands are built out and that the proposed station exceeds the needs of the Island. It is suggested that the existing station be enlarged or reworked • Page 3 Little Balboa Island Was1kater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 and upgraded. If the large station is needed, the house at 106 Jade Avenue should be purchased and converted to a park with the station below it. James E. Munroe, who lives next to the existing pump station has submitted a letter (Exhibit "E ") with 21 signatures. This letter supports the Park Avenue pump station location. PROJECT BIDS: At 2:00 p.m., on August 12, 1997, the City Clerk opened and read bids for this project. A total of two (2) bids were received from the thirteen (13) prequalified contractors. The lowest responsible bid was 9.2% above the Engineer's Estimate of $1,524,666. The bids from the pre - qualified contractors are listed below. A more detailed itemized bid summary is attached as Exhibit "F": Rank Contractor /Bidder Total Bid Price low Advanco Constructors $ 1,665,150 2 Pascal & Ludwig Engineers $ 2,441,172 The following companies declined to bid on the subject project: Caliagua Inc. Gateway Pacific JW Contracting Kiewit Merco Construction Nationwide LOW BIDDER: Mladen Buntich Construction Nielsen Dillingham J.R. Filanc Construction SSC Construction Vadnais Corporation Advanco Constructors of Upland is a qualified general contractor licensed to do business in California. This company has successfully completed similar projects for other public agencies and municipalities throughout Southern California. The firm has a solid reputation in the water and wastewater construction industry and has a significant amount of experience with similar projects. Prior to recommending the award of the contract, Advanco project team members were interviewed and their qualifications reviewed. After the meeting, staff was satisfied that the contractor was qualified and capable of performing the required work. The assigned project manager has more than twenty -seven (27) years of experience and the project superintendent has over twenty -six (26) years of experience. In addition, a project engineer will be assigned to assist in the day -to -day operation. a J • • Page 4 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 Reference checks on their recent projects revealed favorable comments as to their ability to perform the work safely and in an efficient manner. The contractor has recently worked for the cities of Del Mar and San Diego, County of Orange, and the County Sanitation District of Orange County. In many agencies' opinion, Advanco is one of the best contractors they have worked with. The insurance policies and bidder's bond submitted by the contractor will meet the City's requirements. Insurance Companies affording coverage and sureties issuing bonds shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accord with the latest edition of Best's key Ratina Guide: Property - Casualty. London based or off -shore insurance companies will not be accepted. PROJECT CONSTRUCTION MANAGEMENT: In order to effectively administer the construction contract, the City is proposing to hire an engineering firm to perform public relations, construction management, inspection and contract administration services. The construction manager will oversee the day - to -day construction activities related to the pump station and coordinate with residents and businesses on both Little and Big Balboa Islands during the next year. 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, conduct weekly contractor meetings, and prepare all documentation for contract administration and progress payments. In addition, they will coordinate all community and business coordination meetings and will also be the main contact for any complaints or claims. From a schedule standpoint, it is important to note that the construction manager will assist the City in a number of tasks that will occur prior to the actual commencement of the pump station construction. Examples of these tasks include setting up communication and reporting procedures, preparing a number of tracking forms and scheduling controls, establishing shop- drawing review procedures, coordinating the pre - construction meeting and a number of other tasks. As such, it is important to understand that the construction manager needs to be involved in the project when the City awards the construction contract. The construction management consultant selection process was conducted consistent with state law and City policy for "qualifications -based selection" (OBS). Five firms submitted responses to the request for proposals. The firms were: Daniel Boyle Engineering Inc., Dudek & Associates, Inc., Moffatt & Nichols Engineers, Robert Bein, William Frost & Associates and Sverdrup Corporation. The written proposals were reviewed by a selection committee. On the basis of a detailed ranking of the various firms and interviews with three of the firms, the selection Page 5 Little Balboa Island Wasater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 committee chose Daniel Boyle Engineering Inc., as the most qualified firm to perform the required construction management and professional services for the project. The detailed criteria used to evaluate qualifications of all the engineering firms considered the following key areas: 1. Proposal Content 4. Project Team 2. Project Understanding 5. Project Management 3. Project Experience 6. Project Public Relations Approach The firm of Daniel Boyle Engineering, Inc., has a team of qualified, technical professionals, construction managers and inspectors who have extensive experience with similar water and wastewater pumping facilities. Upon selection of Daniel Boyle Engineering, a separate meeting was held to review the proposed scope of work and negotiate a fee. The proposed Professional Services Agreement with Daniel Boyle Engineering Inc., provides for a comprehensive set of professional level tasks to administer and inspect the project. 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 fee amount of $177,912. The specific work tasks and responsibilities are further enumerated and detailed in the agreement, which is attached as Exhibit "G ". If approved, the construction management consultant will start work and handle tasks related to the implementation of the wastewater pump station replacement contract. PROJECT DESIGN EFFORTS: AKM Consulting Engineers was hired in March 1996, for a fee of $132,906. The project schedule, included in their contract, indicated that the project would be designed over a 20 week period. Due to design concerns raised by the residents, this effort extended over 65 weeks. Many issues addressed during the design period were not originally envisioned in AKM's proposed scope of work in March 1996. The original project scope estimated 28 sheets of construction drawings. At the conclusion of the design effort in June, 36 sheets were required. Based on the expanded scope of work, primarily related to providing additional information and design to answer the concerns of impacted residents, it is recommended that the AKM fee be increased by $56,343 to cover the extra work they performed. CONCLUSION: The existing substandard 50+ year -old station is inadequate and needs to be expanded to provide emergency storage capacity to avoid potential sewage overflows into streets and homes. The Little Balboa Island Community, in general, supports the replacement of the facility. An extensive community information process has been used to discuss • 0 Page 6 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 designs and issues with the residents. The Public Works Committee on three occasions since July 28th has received input from residents and at their August 25, 1997 meeting supported the staff's recommendation to go forward with the much needed project and award the Contract to Advanco Constructors of Upland, California. The funds required for the construction contract, Construction management and design costs are budgeted in the Wastewater Enterprise Fund Capital Project No. 7532 - 05600100 -Sewer Pump Station Master Plan Improvements. Respectfully submitted, X PUBLIC WORKS DEPARTMENT Don Webb, Director By: Z' 1L-iye Michael J. Sinacori, P.E. Utilities Engineer MJS:tam Attachments: Exhibit "A ":... City Wastewater Pump Stations, location map and site plan. Exhibit "B °....August 25, 1997 Public Works Committee Report. Exhibit "C " .... July 28'h Public Works Committee Report. Exhibit "D " .... Lewis Letter and Petition. Exhibit "E".... Munroe Letter and Petition. Exhibit "F" .... Bid Summary. Exhibit "G ".... Professional Services Agreement. �I�n ,.j i / r 1 1, ♦/ � 1 1 1 . ¢ I 1; 1 1; 1 ; I 1 1 t N , � I 1 I I , 1 I 1 1 1 11 I I h , 11 1 1 11 J 1 I 1 1 I I 1� 1 I 11 I V 1 r t 1e 1 1 1 t I 1 [ 1 I 1 1 1 I 1 I 1 1 1 1 1 I I 11 I I I 1 1 1 1 1 I I 1 1 1 1 1 I 1 1 1 1 1 I 1 I I ! I I I ! 1 I I 11 1 r Ir 1 I` 1 1 1 1 1 I it ,1 'M IC' Iti ,N I� 1� 1 E' 1 1 1 1 1 1 c. ,r 1 � 1 1 � E; I I I I I I 1 I I I Z I 1 I 1 I $p t ID , 1 1 1 ¢ 1 C 1 g I 1 w �r z o i H / zw �a �o OW q .r vJ w 3 w °z a IH O q 1 q z Q x U W q H: a 0 3 z x F Exhibit A -2 G I 1y Y a ,c i 4 �J1 a Q eG it;�SR r a � s ab 9 311V H100S I� I F � I j I j I j 'x\ I ' 101, \�. i 3AV NUY 1 `\ 4L Exhibit A -3 i7 • Agenda Item No. 8 August 25, 1997 CITY OF NEWPORT BEACH PUBLIC WORKS COMMITTEE TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT RECOMMENDATION Endorse staff's recommendation to award the Little Balboa Island Pump Station Replacement contract to Advanco Constructors and direct Staff to prepare the agenda item for City Council consideration at the September 8, 1997 Council meeting. BACKGROUND Since the first of the year, the Little Balboa Island Pump Station Replacement Project has been discussed five times at the Public Works Committee. Each time the Committee has been briefed on the project status and staff's efforts with the community. In addition, several meetings have been held with the residents to discuss the project in detail. Attached to this Committee report is the August 14, 1997 report to the Public Works Committee regarding the project. This report is attached for your reference and information so that duplicate information, to the extent possible, will not be presented in this report. ADVANCO CONSTRUCTORS At the Public Works Committee meeting on August 14, 1997, the Committee Members requested that Advanco Constructors qualifications be reviewed in detail to ensure the appropriate attention has been given to this complicated and difficult pump station replacement project. A meeting was held on Monday August 18, 1997 where representatives from Advanco Constructors, City staff, the proposed Construction Manager, and AKM Consulting Engineers (the design engineers) were present. The meeting was very detailed and questions were asked in regard to shoring methods, proposed monitoring program, public relations and claims handling, dewatering methods, noise, parking, and many other topics with the following responses: 1) Shoring methods - the pit will have interlocking sheet piles that will be vibrated into the ground to seal off the water from the construction zone. The piles will be installed by the vibration method. A shield will be used in the pipe trenches. 2) Monitoring program - RMA & Associates, a sub - consultant to contractor, will monitor both vibration and settlement. Advanco anticipates no settlement. Exhibit B • • Agenda Item No. 8 , August 25, 1997 Page 2 3) Public Relations - Advanco will video /audio tape all homes and expects residents cooperation for everyone's protection. 4) Claims handling - if necessary, Advanco will handle in concert with their insurance company. 5) Dewatering methods - after the sheet piles are installed, the pit will be dewatered. Minimal dewatering is anticipated after this initial effort because of the piles sealing off the adjacent groundwater. The trench dewatering will be accomplished on a day to day, segment by segment method. 6) Noise - an electric pump will be used for dewatering and generates very little noise. During the day, concrete breaking equipment will make noise during the first phase. 7) Parking - the contractors heavy equipment will stay at the job site. The workers will be shuttled from their off -site construction yard. Advanco spoke to a number of successful projects that have been recently completed which included similar dewatering requirements. After the extensive interview, the City team was satisfied with Advanco Constructor's qualifications and felt that they could perform the construction in a responsible manner. The attached list of experience was provided to staff. The underlined projects are ones that directly use shoring and sheeting that is proposed for use on Little Balboa Island. Also attached are pictures from the J -880 project from the City of Del Mar where a sheet piling operation was successfully performed by Advanco just a few feet from adjacent structures. Staff also has contacted several agencies with regard to Advanco's performance. Each agency contacted indicated that they are a good contractor. ADDITIONAL QUESTIONS RAISED BY COMMITTEE MEMBERS ON AUGUST 14, 1997 Committee members requested that staff report on the alternatives reviewed during the preparation of the plans and specifications for this project. AKM has prepared the attached letter summarizing the additional alternative analysis that was performed in the six months prior to the publishing of the October 1996 Preliminary Design Report, including a study on the use of on -site generators. In addition to AKM's efforts, several years of study pertaining to this project have taken place with City staff and other agencies. It was a culmination of these years of review and AKM's preliminary design efforts that resulted in the final project configuration that is currently planned. An interesting side note, Advanco had explored the idea of Micro - tunneling (zero excavation) the Jade Avenue gravity sewer mains. This altemative method proved to be $750,000 higher than the traditional open cut and pavement replacement method. It was Advanco's understanding that the second bidder, Pascal and Ludwig, had included this cost to complete the pipeline portions of the project. _. a • • Agenda Item No. 8 August 25, 1997 Page 3 _ The Committee also requested that the insurance requirements be reviewed for this project. The City's Risk Manager is currently working with outside counsel on this issue and will report to City Cuuncil under separate cover. Advanco Constructors is self- insured up to $600,000 and that the additional coverage up to $5,000,000 will be provided by a California Admitted Insurance Company not a London based firm. Advanco also noted that because of their vast experience in similar projects their goal was to not have .any insurance claims. They indicated that Advanco Constructors, a Division of Zurn Constructors, Inc.,. will stand behind their construction activities. Members of the Advanco team will be available at the Committee meeting to address any specific questions from Committee members. In addition, concerns were raised about responsiveness to residents complaints about the construction project, including potential claims. This issue was reviewed by City staff, Advanco and the City's proposed Construction Manager. A system will be developed for handling claims so that direct access for the residents impacted will be accomplished. This includes all claims and complaints from the community. The project team determined that the complaints will be filed with the City's Construction Manager for proper tracing and logging. Upon receipt, the Construction Manager will route -the information to the appropriate people at Advanco Constructors. If a reasonable response is not obtained in a short amount of time, the City's Construction Manger will assist Advanco with the issue. If the issue remains unresolved, the complaint will be routed to City staff for action. This system has worked well on other City projects where complaints and claims are addressed quickly and efficiently to the satisfaction of all parties. The City's Construction Manager will also be actively involved in the public relations with the community. They will attend Association meetings, provide a monthly newsletter and address questions asked by the neighborhood. Staff feels that block captains should be appointed to assist in communications with the Construction Manager and the residents. EMERGENCY RESPONSE BY EXISTING CITY CREWS In addition to Committee members concerns, Mr. Wimer, the attorney representing the opponents to project, indicated that the project size was developed as a convenience to staff and should be down sized considerably. It should be understood that the convenience to staff was not a factor in sizing the emergency storage. Staff notes that the Utilities Division has 11 wastewater employees available to respond to emergency failures at the City's 23 sewer pump stations during normal working hours and after hours. These failures could take place in the pumps, valves, force mains, motor controls or electrical service. There are 2 portable generators, 3 by -pass pumps, and 2 Vactor trucks in the Utilities fleet that could be utilized in a City wide power failure which would keep 7 stations operating: If some of the 11 staff members are not available due to absence or unavailability during after hours there are 11 additional employees in water operations that have been cross trained to operate the emergency equipment. Should the water pump stations lose power at the same time then all the water employees will not be available as back up for emergency operations of the sewer pump stations. The City will have to rely on emergency storage at the remaining 15 stations until equipment and manpower are available. 13 • • Agenda Item No. 8 August 25, 1997 Page 4 RECOMMENDATIONS Advanco is a well qualified construction firm and has submitted an acceptable bid, having full knowledge of the difficult nature of this project. They have many years experience in these types of projects. It is therefore recommended that the Committee endorse Staff's recommendation to award the contract to Advanco Construction for the replacement of the Little Balboa Island Pump Station. Attached for your review and comment is the draft September 8, 1997 City Council report recommending the award of the construction to Advanco Constructors, the award of the Construction Management services to Dan Boyle Engineering, Inc., and the approval of a contract amendment for professional services for AKM Consulting Engineers for additional efforts expended during the preparation of the project documents. Respectfully submitted, PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR by: Mj ael J. Sinacori, P.E. Utilities Engineer Attachments: Draft September 8, 1997 City Council Staff Report August 14, 1997 Public Works Committee Report, including attachments and supplements. Advanco Constructors List of Related Project Experience. Example Picture from Advances Del Mar Seawall Construction. AKM report on Pump Station Alternatives dated August 20, 1997. Letter from Dottie Lewis dated August 18, 1997. Letter from Gregory M. Uoyd, Attorney at Law dated August 14, 1997. MJS:sdi Iq • Supplementaf Information Agenda Item No. 7 July 28, 1997 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPDATE ON LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT SUPPLEMENTAL INFORMATION Why a pump station is being constructed�at a new location: General: 1. To provide increased storage capacity to allow longer response time before over flow. 2. Better site access. 3. Longer pump life and less pump maintenance. 4. Better ability to replace pumps when they fail. 5. Safer station. 6. Reduce impacts if the force main were to break. Construction reasons to select the Park Avenue site: 1. The greatest sepai*ation between the excavation and private property. 2. More circulation flexibility during construction. 3. A larger area is available for construction activities. 4. 30 foot shorter sheet piling is needed. 5. Less impact on the existing station during construction and more convenient switch over. 6. The depth of excavation at the Park Avenue site is roughly the same as at any other site with the same capacity. The following page gives a little more explanation for each of these items. Exhibit C 5 I • Supplemental Information Agenda Item No. 7 July 28, 1997, Page 2 Why a pump station is being constructed at a new location: General: 1. To provide increased storage prior to surcharging the sewer system. The proposed design increases capacity from 1500 gal. to approximately 41,000 gals. This increases peak flow storage from 2 minutes to almost an hour and average flow storage from 4 minutes to almost 2 hours. 2. To allow maintenance vehicles better site access both for routine service visits and for emergency situations. 3. The larger wet well will allow the pumps to go on and off fewer times per hour which will increase their life and reduce maintenance time. 4. In case of a pump failure due to mechanical reasons, the new facility will allow for rapid replacement from the street surface without having to enter a confined space. 5. The new station will be safer to operate because it will be constructed to current day standards that provide more working space instead of 50 year old equipment and vaults that are badly deteriorated in an undersized facility. 6. If the force main were to break the added storage capacity will allow the City's two Vactor units to remove sewage until a back up system can be implemented. Construction reasons to select the Park Avenue site: 1. The structure is a greater distance from the nearest property line wall or fence - 16 feet. In Jade Street it would be 6 feet and this structure could not be constructed in the alley where the existing station is located. 2. The Park Avenue site gives more flexibility in providing circulation in the area during construction. 3. A larger area is available for construction activities. 4. If sheet piling is used during the excavation process, the Park Avenue site has a 35 foot depth to bedrock and the Jade Street site has a 65 foot depth. The shallower depth greatly reduces the construction impact. 5. The pump station can be constructed at the Park Avenue site without affecting the operation of the existing station and the existing station can be abandoned more easily when the change over occurs. 6. Any pump station constructed that would provide the increased storage capacity that is desired would require an excavation of at least 18 to 20 feet no matter where it is constructed. Respectful) Submitted, H7Z &Vuaw PUBLIC WORKS DEPARTMENT - DON WEBB, DIRECTOR E. Dottie Lewis 127 East Bay Front Balboa Island, CA 92662 August 18, 1997 Dear Council Members, AUG 2 0 1997 You may note that the August 14, 1997 Public Works Comittee meeting had a rather extensive package about the dangers of the new enlarged plan for the 95 sewer pumping station. The recommendation ended with a letter signed by James, Ted (Monroe) and signatures of 21 residents, 6 of whom signed my petition also. (Confused?) I asked Jan Debay, Mayor of Newport Beach, why my correspondence was not included and not attached. When she asked Don Webb of Public Works, he had no answer. Perhaps because I want a scaled down or relocated project, he ignored my package. Please be fair. Here is my second petition and plan. My first was submitted March 26, 1997. Sincere ours, W,�e4� Dottie Lewis OV14 t Pale Of 5�9�,iva'tS� n's ( A , e' cpf- C t9 O1SuCA v�O fe.Ca, V ° -Exhibit 0 • CITY OF NEWPORT BEACH: MAYOR JAN DE BAY CITY COUNCIL MEMBERS and DEPARTMENT OF PUBLIC WORKS CALIFORNIA COASTAL COMMISSION' SIRS AND MADAMS: BECAUSE THE APPROXIMATE 1459 LOTS ON BALBOA ISLAND HAVE ALREADY BENN"BUILT OUT ".;WE THE UNDERSIGNED PROPERTY OWNERS DO NOT WANT A SUPER SIZED PUMPING STATION! LOCATED AT EAST BAY FRONT AND PARK AVENUE.THE PROPOSED NUMBER 5 STATION AND WET WELL FAR EXCEED THE NEEDS OF THE ISLAND. WE 0" "NOT GROW "AND DO NOT NEED PROJECTIONS FIFTY YEARS DOVN THE LINE. Tai: PRESENT LOCATION CAN BE LENGTHEND, ENLARGED OR R 'aORK D. WITH ALL THE NEW "HI*TECH" PUMPS AND EQUIPMENT AVAILABLE THIS IS A REALITY THAT COULD WORK. IF THE PLAN IS TO HAVE A HUGE PROJECT WE HAVE SUGGESTED THAT THE. LOT AT 106 JADE BE PURCHASED.FOR THE PUMPING STATION AND THEN CONVERTED TO A PARK FOR LITTLE ISLAND RESIDENTS:' USE. IT COULD VERY EASILY ADJOIN THE EXISTING SEWER STATION. BELO ARE PROPERTY OWNERS SIGNING THIS PETITION. .0 DRESS (owpvS) FRO., IN r f � I I MR MS mV I r `. + , ww4l� MUM r IN r f � James E. Munroe 1 1810 South Bw Front • Balboa Island, Cardornia 926152 • (114) 613.6497 July 31, 1997 City Council City of Newport Beach Attention: Mayor Jan Debay Subject: Little Balboa Island Sewer Pump Station Replacement This letter is written in support of the Public Works Department plan for the replacement of the aging Section 5 Sewage Pump Station with a modem pumping station at the end of Park Avenue with significant increases in size of the wetwell and drywell capacities. The increased capacities will provide a one a hour holding period before an ugly overflow might occur that could be caused by a power outage, pump malfunction, or even an extended maintenance period. It appears that due to the restrictions in space available on Park Avenue, the one hour storage volume is a maximum practical time though the general rule for sewage pump stations is two hours. Thus the one hour capacity is the best that we can practically have. The letter to the City of Newport Beach from the AKM Consulting Engineers dated July 25, 1997 summarizes with a great deal of logic the large volume of study and thought that has already gone into the project, and the recommendations appear sound. There have been some opinions bought-up that a different location near the end of Jade street be reconsidered by condemning some private property to serve as the increased area required to obtain the wetwell one hour storage. The suggestion has been made that this lot when completed as the wetwell area could be made into a good public park area. Not only does it appear that the condemnation would be difficult, but in a realistic light a small park at this location in a confined residential area would not appear to be an asset to the BIIA community. The cost of its maintenance, the policing and controlling of its uses, and the problem of maintaining cleanliness would soon eliminate any value that could be offered. Perhaps it is worth finally adding that the cost of considering a third redesign of the station will be a substantial cost to the City, and further returns by way of improvements in the design concept or location seem highly unlikely and would not justify this cost. Please give this matter your utmost attention. 116 S' cerely, James E. Munroe 104 1 V. R/", Exhibit E ICI James E. Munroe 1810 South Bay. Front • Balboa lslard, California 92662 • (714) 67 }6497 / August 4, 1997 My signature below indicates my support of the letter written to members of the Newport Beach City Council by James roe a copy of which is attached to this letter. FM IN u OAS/ r ., , _., f ^I 0 O 1" W Q a JuO Y N W .. H o J_ f ~ O V = J w F .. O (yQj F mHOm M Z W O a wa Z p LL O y o O v 3 J a iQ w €Z�Q SO N K W0W G 00 V W 6 Exhibit F a 2 0 O Q Z Z 0 O Q H Z N 0 O 0 0 O 0 0 0 O 0 O O O O O O m N M 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 O O M n P 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z O H N O N H m N W N m T N N m N N m p tN 0 p P Z N N N N N N N m N N H H m Ur Q N N p N 3 0 r' J 000 0 000 0 0 P m A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00O 0 m 00O 0 0 0 0000N 0 0 0 0 O 0 O 0 m n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O m m P N M N N H O N O A N .- N N M N A M N m O M m N m N m N N 1N : O m v0 O P NP Z " y Q 6 N H 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 N 00 00 000 00 0 0 0000 0 0 00 0 0 0000000000 0 0 0 0 0 0 0 0 0 N z 0- N N O O O O O O O m m N O 0 0 0 N O 0 0 0 0 0 0 0 N 0 0 0 0 0 O yj p M H N O N W H H p PN N N M N P N N N N H N N H N m N N N "10000000000 m N N M N N N O P M n N N M M N N N N N �pz < in V O U O O o O 0 O 0 O 0 O 0 O O 0 O 0 O 0 O 0 O N N 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 j F O N N N O O O O O O P N N N O O N O O O 0 0 0 3 Z tm 0 m N N N H N M p N O M m O O P M N M m O N m m M O N m A N p <:) N P N N M N N N N P N N M m N N H m N N N H H N N O p m n N J N N N N y N N N �' Z O m O 0 O 0 O 0 O 0 O 0 N m m N N m O O m N P A O O O N O O N A N N P m N N m O O N m 0 O 0 N 0 0 000000 0 0 0 0 0 0 m m d m O Ml 0 0 0< m N A O N m P m m m N P P O A O m 0 0 0 0 0 0 0 m O P O N N N N N H tp m M M N m N M m p N N N m N m N Of N N P N OI N N N O O N O N P u Q N N M N M N N N N M N N N N N N N H M N H N N N W N N � y d O m O 0 O 0 O 0 O 0 O 0 N M N O O O O N O O N A N N P m N N M O O N m O O 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c F m O N 0 00 P m N A m P m m m N P P O A O m 0 0 0 0 0 0 0 W Z p A CI N N N N N N N N P V N M N m m N M m N lO m p N N N N m N b N N m M M N P m N O O N O v W W N M N N NJ N N N M N N N N N m N H M N NJ yy !J 113 {J J J 1N3 yy yy 15 15 !S 1y J J J yy J J J J J y J J J J J yy yy Z — Q 7 m N Q C N W C O $ $SS ` p to C m D 'i ✓ d L V O ®t, d3�i.J'ddWd�JttW a E N F$py d C% IYYllllll NNd LL i aC 6® �y S S C N C U E�` Q d dpp J h pdj@mZ V' 5 VI 1 @$ E 5�3�¢siN W o d o E u�€ %�c3� y i iS3 ET�im m m ~ U' A .'a d }� P m$ ddr� .d..d. d .^. }aa YJ i n O O a Ey K S LS d \Q C W N m p N m n m 0 O N m p N b n m 0 N N N N N N N qN p r N N N m W N Exhibit F a • • PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) PUMP STATION REPLACEMENT THIS AGREEMENT, entered into this day of September, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City'), and DANIEL BOYLE ENGINEERING, INC., a California Corporation whose address is 23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City is planning to commence construction of a sewer pump station replacement on Little Balboa Island ( "Project "). C. City desires to engage Consultant to provide construction management services during construction of the pump station, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of this Project are Daniel B. Boyle, P.E. and Robert J. Ohlund, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. Exhibit G a.)- . Professional Services Agreement fo3truction Management Services for the Little Balboa Island (SdccEon 5) Pump Station Replacement Page 2 NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of September 1997, and shall terminate in June 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of One hundred seventy -seven thousand, nine hundred twelve dollars ($177,912). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice subject to the approval of the Project Administrator and based upon the following payment schedule as stated in Exhibit "B ". 3.3 Consultant shall not receive any compensation for extra work without prior written authorization City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B" a: • Professional Services Agreement construction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 3 3.4 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 2` • Professional Services Agreement fo [ruction Management Services for the Little Balboa Island (Sec -Gon 5) Pump Station Replacement Page 4 - -.� 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, the City's project contractor (hereinafter referred to as "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of the City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may • Professional Services Agreementwonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 5 appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Project term. Consultant has designated Robert J. Ohlund, P.E., to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.. 91 • Professional Services Agreement foo6tructlon Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 6 8. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 9. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 10. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 11. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. I ai • Professional Services AgreementeLonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 7 12. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below, and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. a1, • Professional Services Agreement f traction Management Services for the Little Balboa Island ( 'on 5) Pump Station Replacement Page 8 - Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership orjoint- venture. ?9 • Professional Services Agreement 0onstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 9 14. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 16. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such 30 • Professional Services Agreement fo truction Management Services for the Little Balboa Island (Sec 'on 5) Pump Station Replacement Page 10 materials in a timely manner so as not to cause delays in Consultant's t work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 17. ADMINISTRATION This Agreement will be administered by the Publics Work Department. Michael J. Sinacori, P.E. shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to. the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 19. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not -�I • Professional Services Agreement9onstruction Management Services ' for the Little Balboa Island (Section 5) Pump Station Replacement Page 11 discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 21. CONFLICTS OF INTEREST A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 22. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 3• • Professional Services Agreement fonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 12 23. NOTICES -All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. Ail notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Michael J. Sinacori, P.E. City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3342 Fax 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: 1 Attention: Daniel B. Boyle, P.E. Daniel Boyle Engineering, Inc. 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 Telephone (714) 768 -2600 Fax (714) 586 -5188 24. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such 3�= • Professional Services Agreementwonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 13 default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 25. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 26. WAIVER A waiver by either party 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 a different character. 27. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 3' it • Professional Services Agreement fconstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: LaVonne Harkless City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 (714) 644 -3308 FAX City of Newport Beach a municipal corporation Jan Debay, Mayor City of Newport Beach Daniel Boyle Engineering, Inc. a California Corporation Daniel Boyle President Daniel Boyle Engineering, Inc. 23231 South Point Drive, Suite 103 Laguna Hills, CA 92653 (714) 768 -2600 (714) 586 -5188 3) *Exhibit "A: Professional Services Agreement.•Construction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 3 10. Coordinate construction activities with local residences, including attendir partnering meetings with the City, design consultant and local residences regarding construction activities related to the Section 5 Sewage Pump Station. Monthly meetings will be held with the residential partners. The construction manager shall chair these monthly meetings and other required residential partnering meetings. In addition, the local homeowners association publishes a monthly newsletter. It will be the construction manager's responsibility to write a monthly update article to be included in the monthly newsletter. 11. Coordinate with the City of Newport Beach Building Department inspection staff and specialty inspectors, coordinate contractor's inspection requests, track, schedule and monitor all inspections. 12. Coordinate soils compaction testing, coordinate contractor's compaction test requests, track, schedule and monitor soils compaction testing. 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 design consultant on all technical matters. Review change orders for merit, prepare change orders for City review and approval, am apprise the City of the cumulative effect of the change orders and time extensions. 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. Monitor and review 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. Notify the City and the contractor of actual or potential deviations from the most recently- approved schedule. Pro - actively work with the contractor and the City to identify possible schedule setbacks. 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; and make appropriate recommendations to the City on payment issues. Provide a summary report of work performed during each payment period. • Wbit "A: Professional Services Agreement. fanstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 4 17. Provide document control including processing and filing all project correspondence and documents, drawings, etc., in accord with the procedures manual. 18. Monitor the contractor's safety program including observing the implementation of the contractor's safety program and report observed deviations from this 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 his own employees. The construction manager will not be required to work or inspect any of the contractor's 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. III. PROJECT CLOSE OUT A. Coordinate with City staff, design consultants and the 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 a punch list of deficiencies and follow -ups. 3. Observe the contractor's successful completion of all work required by the punch list. 4. The construction manager shall maintain a record of all changes made during construction, and periodically (at least monthly) review the contractor's records to assure the contractor keeps a record of changes in accord with the specifications. 5. Obtain the contractor's records of changes during construction (as- builts). 6. Coordinate the production of record drawings with the design consultants. Review all completed record drawings and make recommendations to the City on acceptance. 7. Witness and document delivery of all spare parts and similar items from the contractor to the City as required by the contract documents. 8. Obtain from the contractor any written documents required by the contract for project close -out. 7�� $Lbit "A: Professional Services Agreementwonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 5 9. Deliver all project records to the City in accord with the procedures manual at tF end of the project. 10. Remove all equipment and items belonging to the construction manager from the field office. M EXHIBIT B COMPENSATION SCHEDULE CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) SEWER PUMP STATION REPLACEMENT A. In consideration of the specified services, the City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall compensation be greater than the amount of One hundred seventy -seven thousand, nine hundred twelve dollars ($177,912), Inclusive of the subcontract services and mark -up defined herein, except as otherwise provided for herein below: B. Fee Schedule personnel hourly rates Construction Manager ................... ............................... $ 110.00 Assistant Construction Manager ... ............................... 79.00 Construction Representative ......... ............................... 62.00 Technical /Administrative Support .. ............................... 58.00 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 Administrator for the City. D. Included in the not -to- exceed fee, the City agrees to reimburse Consultant for the actual cost (plus 10 %) not to exceed $11,300.00 for all outside expenses including: reproduction for copies of plans, reports and related documents; material costs authorized in advance by the Project Administrator for the City; and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. 1. Consultant shall provide written records (originals) of all expenses incurred and shall report all hours expended in the performance of his duties and tasks on a monthly basis. The City agrees to pay Consultant within thirty (30) calendar days of receipt of said records and summary. 2. 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 shall be paid on the "Fee Schedule" herein above. v To: Mayor and Council Members From: Public Works Department �0 -7A7 October 25, 1997 Subject: Additional Information Requested by Council Member Hedges on the Little Balboa Island Pump Station Project Attached are two E -mail messages from Council Member Hedges requesting additional information on the Little Island Pump Station staff report. Council Member Hedges correctly pointed out that the analysis of the additional Vactor Truck to provide increased reliability, included annual maintenance and replacements costs and the pumps station costs did not include the present worth of these costs over the same 50 year cycle. The attached Table 1 (Modified) provides this information. The reduction in the cost of the extra Vactor Truck is discussed in the next section. Table 1 (Modified) shows that the Park Avenue site is still the most economical when taking into consideration all of the long term factors. VACTOR TRUCKS The staff report indicates that the present value cost of an additional vactor truck is $649,200 (a later calculation by the Administrative Services Department shows this figure to be $612,686). This takes into consideration replacement at 12 year intervals and monthly maintenance costs. The City's vehicle replacement policy shows a replacement interval of 10 years. The figure used in the staff report assumed a twelve year life or 20% increase in life. In response to a question from Council Member Hedges an additional analysis was done to show what savings would occur if a 15 year life for each of the three vactors was used. This would be a 50% increase in life over. the City Council Policy. The assumptions used: New Cost Monthly Maintenance Existing Truck Number 1 (1992) $175,000 $825.00 Existing Truck Number 2 (1987) $160,000 $595.00 Twelve year life compared to a fifteen year life and that monthly maintenance would be reduced by 10 %. Over the 50 year cycle in consideration, the increase in life from 12 to 15 years and a 10% reduction in maintenance cost would provide a $153,070 savings for the two trucks. Applying the same criteria to the third truck the savings would be $63,894 to increase the vehicle life from 12 to 15 years and reduce • • maintenance costs. The total savings for the three trucks would have a present value of $216,964 from the 50 year period. See the attached sheet prepared by the Administrative Services Department. If having three vactor trucks instead of two, will increase the useful life of each truck from 12 years to 15 years, or 50% beyond the current replacement policy and maintenance costs for the vehicles also goes down 10 %, then the third vactor truck cost shown in the report can be reduced from $612,686 (original staff report used $649,200) to $395,722. This is the figure used in the attached Table 1 (Modified). EMERGENCY PUMPING CONNECTION The emergency pumping connection is provided in Alternates 1, 2, and 3 to reduce the Vactor Truck cycle time from 30 minutes to 20 minutes. The time savings is due to the trucks not having to maneuver in the tight quarters around the pump station in the alley and in Jade Avenue. The improved access will allow 3 round trips per hour instead of 2. This makes the difference between being able to keep up with the flow with 3 trucks and falling behind in 3 to 4 hours. DEDICATED STATIONARY GENERATOR A dedicated stationary generator was suggested as a substitute for the one hour emergency storage. Why can't a portable generator staged in a convenient location take the place of the stationary generator? Again the answer is response time. The portable generator has to be towed to the site. If it were stored at the Fire Station they still don't have the proper vehicle at the station to tow the generator. A Utilities truck is needed and this truck could respond from either the Utilities yard or Big Canyon Reservoir in about an hour. Cross training Policemen and Firemen to assess the situation at a malfunctioning pump station may be an option but equipping their response units with the tools needed for the repairs may not be practical. Response by the Utilities duty person is still needed, however, if the proper assessment is made some time savings may be attained in telling the duty person what equipment might be needed. Also during a power outage, usually both the Police and Fire units are occupied performing their primary functions. Respectfully s m. ed, on Webb Public Works Director Attachments: Hedges E -mail, Table 1 (Modified) with backup. 12 yr. vs. 15 yr. Vactor Replacement Analysis. From: Hedges, John Date: Fri, Oct 24, 1997 10:43 AM Subject: Pump station redux To: Murphy, Kevin Cc: Webb, Don • Page t I've now been able to read the entire report more closely. Beyond what we discussed and what I included in my previous email, there are some additional questions. As usual, it's not my intent to make things difficult. But there are a few gaps which I'm sure are unintentional, to wit: Equivalent reliability: After Working Hours Emergency reponse: The assumption here is that only the 9 man wastewater crew is able to provide first response. With BI fire station nearby, on duty firefighters could provide first response if the WW crews are for some reason unavailable. Even police officers could provide back up with cross training. Our public safety employees pride themselves on emergency response. Preventing a spill has the same importance as EMS, for example. Dedicated Stationary Generator. The assumption here is that a dedicated stationary generator in some form is essential. There is no discussion of a trailer mounted portable unit staged at some convenient location. After all, a generator is for temporary use until power is restored. Also, the Park Ave "base alternative" does not have a dedicated generator. Park has only an extra hour of storage, then plug in a generator.... Additional vactor truck assumptions and calculations: This was covered in my previous email. Altemativesl and 2: This option contemplates "An emergency pumping connection ... to eliminate the need to back ... trucks... down the alley." For the minimum $135,000 cost for occasional emergency use, we can do a lot of backing. I question AKM's ability to deliver an unbiased report given City instructions, requirements, and design constraints. Let's try to look at the other options with an eye to making them work, rather than to justify the Park station given otherwise impossible to achieve requirements. Who was it who said "why buy a Cadillac when a Chevy will do ?" I welcome further comment. Thanks, John • • Page 1 04 c :715TWUSI� l * ** URGENT * ** From: Hedges, John Date: Wed, Oct 22, 1997 10:52 AM Subject: BI Pump Station To: Murphy, Kevin Cc: Danner, Dennis; Webb, Don I received the report this morning in good shape. Thanks. While I will not be able to give the report a close examination for a couple of days, my cursory review pointed up at least one possible deficency: the lack of analysis relating to annual maintenance and replacement costs for the original and alternative projects. The report goes in to some detail applying that analysis to an additional vactor truck. It does not do so across the other options. Also, that analysis apparently assumes usage levels comparable to the other 2 trucks which is not necessarily the case. If the new Vactor sits in a garage on reserve and is used only occasionally, it necessarily will have a longer life than the others. Also, if it is rotated with the other 2, all 3 will likely have longer lives and relatively lower costs. And if it is used for activities not solely related to the BI project, other areas of the budget must assume parts of its cost, both capital and ongoing. To gain a fair picture of all costs, let's not mix an "apples and oranges" analysis.... A little more thought here would be of help. Thanks, John r- 0 Y Y C N p 0 O d U O N c CL O w E v 7 C C a N � 3 ° 0) 'm d O to Im E o V _R U0 N T 0 o U v) t ED > O G) m i+ q w Q H T IL y O U U W IL J F O H, e O r H Q ix 0 U w it c 0 w Z uj 0 U U). O� U W N m U W O a • 0 cD o v - m co ttoo m CD N 0) o O co O n co v n co co m yy< O O o, N< at m uN') r n O CO < LO 0) < m n V � DDDo M N N N m m N 6 m Di N N N m V) V% V) !A V) V) V) V) 6% V) H Vi Vi 69 v) V) < V)cA Vi M< e»i»cii ifl N N N N N N N N N N N N N N N N N N N N N N N N n n r r n ti n n n n n n ui )ci vi vi ui "n vi vi vi Sri vi vi m m m m m m m m m m m m Q Cl) m m m m m m m m Cl) m m z V) Vi V) 64 V) Vi V9 Vi Vi Vi Vi Vi wm O N< Cl) O N Cl) O N O m N m n m N m n m N CO r m O co N m 0 OD 0 m O w b "i of of n m�rl: ofrtl CY)�� N ��� N mV) 61 � N < 69 w r r r n m m m m v v o co m m m m 0 0 C3 0 v v v O vvvv mmmm N_ N _ N N v_v_Nv_ o ` U) W) LO O O O N c co co co O O O O co (D co W i-1: V< N N N N 1-: < V) > V) m V) 6% w V) V) V) 69 3 0 3 0 m C 0 C O J 0) O J 0 7 J C M C C C 0 C C d l0 D) C N W D) C W 0 C a N a@ _y ¢ (I� Q@ a s c6 8 — U X U V m O) ` l0 Y W A2 d C a > NIL W C �lL m >V) �LL N� v @ d C� ��aU @���-0 `� @o m o� 0 z u w U) m "m m` V1 _O 0 a O) C D) 3 C N C D) N C N C D) DO v w0 (D V) O�(�(7 Z w(D wU` W 0 � U N m z W d > 2: > I° Q m A m A x c E U Q C X 2 a IL Qw :R U—) R k=� CO G V- J Q m c w 4) J X h a IL IL n N N N N N m m m m m < < mmmm m mmmm r rocococc z C Cl) m n m n n n n n t to N LO to co Do O O O O O N N N N N O k=� CO G V- J Q m c w 4) J X h a IL IL n N WYSIS OF 12 YEARS VS. 15 YEARS FOR VACTOR REP CEMENO Present Situation —Two existing Vector trucks. Current Value of Truck One: $175.000 ( acqured In 1992) Current Value of Truck Two: $160,000 (acquired in 1987) Current Maintenance Cost of Truck One: $825/monm. Cement Maintenance Ceai of Truck Two: $59 51month. Assumed Life of 12 years. Assumed inflation in once and maintenance cost: 2% Assumed earrings rate on City funds: 6% Present Value of Costs: Maintenance: Truck One: $213,893 Truck Two: $154,262 Replacement: Truck One: PV of Replacement Costs $296,801 PV of Salvage Value ($9.934) Current Value $102,083 Net Cost: $388,950 Truck Two: PV of Replacement Costs $323,073 PV of Salvage Value so Cunent Value $26.667 Net Cost: $349.740 Net Comparative 50 Year Coat PV 1 106 845 Modified C t If Assumed Life Goes to 15 Years and Maintenance Coal Goes Down by 10%. Present Value of Costs: Maintenance: Truck One $192,504 Truck Two: $138,836 Replacement: Truck One: PV of Replacement Costs $217,575 PV of Salvage Value ($7,947) Current Value $116,667 Net Cost: $326,295 Truck Two: PV of Replacement Costs $242.807 PV of Salvage Value SO Current Value $53,333 Net Cost: $296.140 Net Comparative 50 Year Coat (PV)5953 775 50 Year Cost Decrease it 15 Year Life 8 10% Lower MelMenence Coat era Assumed P $153 OTO Cost of Third Truck Cunent Value of Truck Three: $175,OOD (acquired in 1997) Current Maintenance Cost for Truck Three: $825/momb Assumed Life of 12 years. Assumed inflation in price and maintenance cost: 2% Assumed eansi ge rate on City funds: 6% Present Value of Costs: Maintenance: Truck Three: $213,893 Replacement: Truck Three: PV of Replacement Costs $243,161 PV of Salvage Value ($19,368) Current Value $175,000 Nei Cost: 5398,793 Net 50 Year Comparative Cost of Truck Three P 5612 666 Modifled Cost of Third Truck At Assumed Ifs of 16 Years 6 Maintenance Down by 10X Present Value of Costs Maintenance: Truck Three: $192.504 Replacemem: Truck Three: PV of Replacement Costs $197.182 PV 01 Salvage Value ($15,894) Current Value $175,000 Net Cow; $356.288 Not Comparative 50 Year Cost of Truck Three P $548,792 50 Year Coat Decrease It 15 Year Life 6 10% Lower Maintenance Cost are Assumed IP r $63 114 f *1 / 1(d7'97 October 25, 1997 TO: MAYOR AND COUNCIL MEMBERS FROM: PUBLIC WORKS DIRECTOR SUBJECT: CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACEMENT On October 23, 1997, Mr. Warren B. Wimer submitted a letter and comments on the City's Little Balboa Island Pump Station project. In his presentation he made a number of rather personal references about me and inferred that Public Works was unresponsive to the direction of the City Council. During the last three years since becoming Public Works Director, the Department has been combined with Utilities and the combined staffs have, in my opinion, really worked hard to respond to all City Council directions. Major projects such as the Ground Water Development Project, Bob Henry Park, and MacArthur Boulevard Widening (Phase 1) have been completed and major projects like the Arches Interchange, and Birch Street Bridge Widening are under construction. Mixed with these major projects, the Department also handles the other 150+ Capital Improvement projects (per year), a number of new housing and commercial development tract improvements, the operation of the water, sewer, street and traffic light systems and responding to the daily requests of the citizens, the City Council and the needs of other departments. Public Works strives to be as responsive as possible to all those that we support and to the needs of the community. Mr. Wimer states "...City staff, for several years, decided to replace the existing pump station rather than update it." Prior to October, 1994, when I became the Public Works Director, the need to replace the Little Balboa Island Wastewater Pump Station (BLIPS) was brought to the attention of the City Council through the Utilities Committee and during the budgeting process. At that time the City Council authorized the preparation of plans and specifications for the replacement of the LBIPS. The new pump station was designed to be installed in Jade Avenue (40' wide) between the alley and the South Bayfront sidewalk. This pump station had both a wet well to receive sewage and a drywell to house the pumps and other equipment to remove the sewage from the wet well and pump it into the force main that goes under the bay to the CSDOC line in Bayside Drive. The wet well was sized to provide two hours of emergency storage (80,000+ gallons). The structure was between 2 and 3 times bigger than the proposed Park Avenue structure. About 4 months after Utilities was added to Public Works in July, 1995, 1 reviewed the LBIPS plans and questioned the constructability and need for a station of that size. After getting outside opinions on constructability and cost, it was determined that if the station was constructed with the necessary 65 foot deep sheet pilings approximately seven feet from two houses, that the cost would probably exceed $3 million and severe damage would be caused to the two residences. This conclusion was presented to the Public Works Committee with the recommendation that the project designed be abandoned and that, using another engineer, a study be prepared to look at alternatives with only a one hour emergency storage capacity. The Park Avenue design came from this study authorized by the City Council in March, 1996. During the process the Little Balboa Island Property Owners Association was kept informed and given the opportunity to provide input. This project has been discussed by the Public Works Committee five times since the beginning of last year. Through a 7 to 8 year period, this project has been reviewed, re- reviewed and discussed extensively by the staff, the City Council and members of the community and it is not something that staff unilaterally conceived. Key Reasons to Replace the Existing Pump Station at a Different Location 1. The structure is 73 years old with 48 year old equipment and piping that has deteriorated. 2. The drywell is 8' by 9' with access through a 3' by 3' hatch. This is at least 4' too narrow and 3' too short to meet current industry standards for providing adequate working space to repair and replace two pumps. The current cramped conditions do not allow the crews sufficient room to work efficiently and without straining due to space restrictions. 3. The wetwell does not have sufficient volume or depth to allow pumps to be run in their most efficient mode. 4. The existing structure can not be enlarged and deepened in the 15' wide alley without heavily impacting the houses and walls that are from 0' to 5' from the alley right of way line. 5. The large vehicles needed to maintain and clean the station have a difficult time safely accessing the site. 6. When the station is being maintained, the only vehicular access to three bay front homes is blocked. Sole vehicular access would not be blocked by either a Jade or Park Avenue site. Mr. Wimer comments that "citizens are deprived of adequate information" due to the cancellation of a special Public Works Committee meeting on October 20th. After consulting with the City Manager and the Mayor, it was determined that the City Council's direction did not require a special meeting of the Public Works Committee. The City Council staff report for this item was made available before noon on Wednesday, October 22nd. Attached is a response prepared by ARM Engineers to the statements in the rest of Mr. Wimer's submittal. You can call me at home (646 -3133) or at the office on Monday if you have any questions on this memo. 0 0 The goal for this project is to provide the citizens of the Balboa Islands with a pump station that is modern, reliable and economical in the long term. Another goal is to provide a pump station that is easily accessible and safe for the Public Works staff to operate and maintain. Respectfully submitted, Q � & Don Webb Public Works Director Attachment: AKM Engineers Response OCT -26 -97 13 3e FROM AKM CONSULTING ENG. ID:7147S37320 PAGE Response by AKM to issues and questions raised in the lO - -23-97 submittal by Warren B. Wimer. Response by Staff Section - Page 1. last Pam9ra_oh 1. The brand new pump station is not Don Webb mandated - It is the result of extensive study and investigation. If City's risk management does not require the level of protection provided, which staff feels is needed, the storage element of the project can be eliminated. 2. , Staff has carried out, as best as possible, the City Council's direction, which was to -retum to Council in forty-five (45) days with a conceptual plan and a proposed contract to upgrade the existing facility at the existing site with the same degree of reliability which the proposed pump station has without the one -hour storage facility but with pump and power backup reliability," There was no pre - conception that any one alternative was more cost effective than others. The most cost effective alternative is revealed as a result of proper analysis. . .. P11 rl % 1. This statement has no basis. Clearly, the project proposed is the less expensive of the two alternatives considered in Park Avenue (pg. 10-1 of PDR). The other two alternatives listed are not functionally equivalent, and therefore, can not be compared. 2. Statement has little basis. Clearly, the preliminary design report stated that Park Avenue Site 2 between Crystal and Jade would impact access to more residences during construction (pg. 7-4) than Park Avenue Site 1 easterly of Jade. 3. This is a statement that has no basis. The maintenance at the Park Avenue location will impact the least number of residents in the long run. Nobody's garage will be blocked, maintenance vehicles will access it much more quickly. 4. While the existing pump station can be rehabilitated in place, it will have to be replaced within about 20 years. All rehabilitation will do is delay the inevitable, which will actually cost the City more (refer to present worth analyses). Any construction in the 15 foot wide alley has the potential for damage to adjoining residents. Not a Political Issue - Pagg 3 a. First Paragraph, Line 15, Fraction of the price - No basis - no estimate provided. For functional close equivalence, (not actual equivalence) the refurbishment will cost more in the long run- b First Paragraph, Line 17; The result is not "one -hour more response time,' it is one hour peak flow storage - with the City's vactors, it provides 6-hours more response time (see Figure 4 -1), Technical Expertise - Pa4e 33 The group listed can certainly be recognized for their illustrious careers, and we are in no.position, nor would we ever presume to question their intentions or abilities. However, given the confused nature of assertions and conclusions contained in Mr. Waner's correspondence, we can only conclude that their input is being either 2/6 OCT-26 -97 13 36 FROM AKM CONSULTING ENG. ID:7147S37320 PAGE • • misinterpreted or that they may not be acquainted with the full breadth of issues associated with the project Response Time - Page 4 a What does "Minimum problems" mean? Is having to notify three property owners every time City has to go to the site for maintenance "minimum problem?'; or is asking residents to move their cars "minimum problem ?" Is having to access a confined space "minimum problem "? Is having to service electrical equipment that does not meet current code "minimum problem'? b. We are not buying one -hour response time. By providing one -hour peak flow storage, we are gaining six -hours of response with the existing vactors operating. c. Although Section 5 Pump Station did not spill because all of the available resources were dedicated to it, two other stations spilled. d A backup generator would have handled the power failure. The cost estimate provided by Mr. Wimer does not seem to include many items that would be necessary for a complete and proper installation. A more realistic cost is $690,000. Access - Page 4 To suggest that the pump station has been adequately serviced for 50 years (it is actually 73 years) shows lack of understanding. Accessing the pump station is a difficult endeavor. The Vactor Truck cannot make the turn at the junction of the two streets without backing up several times. When they reach the station, a minimum of three garages are blocked. The ease provided by the Park Avenue site is not for the pleasure of the drivers, it is to speed up the ability to access the station and move out without blocking garages for extended durations. This speed is essential in preventing sewage spills if a mechanical, controls or forcemain problem shuts down the pump station. Electrical - Back -Up Power Source - Page 4 a. The cost provided by Engine & Equipment Company is for the emergency generator itself ($23,071). Its specified voltage is incorrect Its quote is for FOB jobsite on muck, to be unloaded, placed and installed by others. It does not include silencer installation, ventilation, electrical service to the structure nor any conduit or wires to the motor control center (MCC). b. The length and depth dimensions for the vault are grossly underestimated. The size suggested does not allow space for ventilation, exhaust terminations, and access to the vault itself. c. We have asked Southem California Edison (SCE) to provide confirmation for this. SCE will provide a cost estimate after receipt of a written request by the City. We were informed 3/6 OCT-26 -97 1339 FROM ARM CONSULTING ENG. SD= 71477320 PAGE 4/6 however that SCE would need a minimum of 10 ft. x 10 ft. Gear, above grade space near the MCC. . . .R2rii� The statements which are submitted as, `fads" are simply not true or miss the point of Mr. Webb's response. Fact 1 This is not true. There are photos contained in the Alternatives Study Report that show approximately 1 -inch of water on the floor of the vault The ponding seen in the dry well is the result of tidal water infiltrating the vault. A wet floor can be slippery and increase the chance of a worker falling and being injured. Additionally, a person can be electrocuted while working on electrical equipment. Fact 2 Electric lines are not the same as mechanical equipment. Electrical wire has insulation which protects the copper wires from moisture. Submerging a generator in water would completely ruin the engine, alternator, control panel and battery charger. Fact 3 Yes, electrical pull boxes (vaults) are currently installed for underground electrical lines. However, the electrical items installed within the pull boxes are never those which could be damaged by submergence. The vaults located in high ground water areas, are usually filled with water. Pumping water from these structures is a common occurrence. It is not routine nor is it good design practice to place electrical equipment utilized in pumping systems or generator facilities in underground vaults located in the flood plain. Balboa Island is located in a flood plain. Flood water levels could reach as high as 1$- inches above street grade. A vault constructed on Balboa Island for the purpose of housing an emergency generator must have its access opening at least 2 -feet above street grade to prevent flooding. A sump pump wilt not protect a below grade generator facility if the island is 2 -feet underwater. A sump pump can be used to remove small amounts of nuisance water which might infiltrate the vault on a regular basis. A sump pump would simply be overwhelmed by the amount of water which could enter the facility in a flood event. The spaces available to construct an above ground entry into a below grade vault are very limited on Little Balboa Island. Existing Structurg =page 5 Fact Arrow -Lock is not a structural repair system, it is a lining system. Rehabilitation with Arrow -Lock will not restore any structural properties to the existing structure. The existing structure has not been protected by the Arrow -Lock lining system through its 73 years of service. It has been subjected to direct exposure from gases and chemical constituents present in sewage which, in principle, result in a steady deterioration of the bonding strength, durability and most other physical characteristics of concrete. The concrete platform inside the wet well has nearly completely deteriorated. It is a testament to the effects of sewage gas on the concrete. OCT -26 -97 13 39 FROM:AKM CONSULTING ENG, 10+7147537320 PACE 5/6 In general, concrete theory suggests that the compressive strength of concrete will continue to increase with age. Core samples from structures of similar age to that of the Section 5 Pump Station, show concrete compressive strengths in excess of 6000 psi. The compressive strength of the cores taken at the Section 5 facility averaged 4660 psi, with one as low as 3930 psi. These low results would suggest that the concrete at the Section 5 facility is in the process of degrading, and may soon be structurally unfit. Once this process has begun, it is irreversible. The Arrow- -Lock system may be able to prevent the interior of the wet well from further attack from the sewer gases. However, it cannot prevent the existing concrete from continuing its degradation. Also, it does not afford any structural strength in itself and cannot be used as a replacement to the concrete structure. Finally, it should be noted that the Arrow -Lock system has only been available for use within the last year. Sewage Back -Ug - Page 6 The suggestion that the Diamond Pump Station be automatically shut down in the event of a Section 5 failure is good and should be implemented. The City's response time in such a scenario is 4 -hours with both vactor trucks mobilized. Not all failures can be mitigated by pulling a portable generator or portable pump out to the site, nor can they always be repaired within 4 -hours of the alarm. Forcemain breaks are difficult to locate and repair and will certainly require more than 4 -hours to correct. A failure of the CSDOC pumping system could require Newport Beach to hold its sewage at its pumping station. Pumping would only result in a spill in a different location of the City. During the power outage of August 1996, the City did shut down the Diamond Pump Station to use the entire Balboa Island collection system for storage. By doing this, and devoting a substantial amount of the maintenance staff in the Balboa Island system, a spill was averted. Unfortunately, sewage was spilled at two other pump station locations in the City, which the City crews could not tend. If additional storage capacity, or an emergency generator was stationed at the Section 5 facility, crews may have been able to respond to those facilities which spilled. Fact 1 Pumps can be purchased which will fit in the existing dry well. This does not address the lack of adequate space available to maintain the pumps, or to move safely in the dry well, or to remove the pumps. Attached, for your review are excepts from the authoritative reference books on the design of pumping stations which recommend a minimum clear area for maintenance purposes of 3 to 4 feet on either side of the pump. The existing dry well does not allow for this type of space. Additionally, a pump rated at an average flow rate of the pump station cannot be installed. This can reduce the overall efficiency of the facility, and cost the City in additional power consumption_ Mr. Wimer suggests Peerless, Halstead & Hoggan and BJM Corporation as suppliers of "highly reliable pumps'. Peerless rates its sewage pumps as "medium duty", not heavy duty that is suitable for municipal wastewater pumping. Halstead & Hoggan is a representative of Myers OCT -26 -97 13 40 FROM AKM CONSULTING ENG. I0= 7147537320 PAGE 6/6 Pumps, they do not provide their own. So far we have not been able to find out what BJM does, but in our many years of experience with sewage pumping systems, we have not run across them. Fact 2 The probability of both pumps mechanically failing is small. However, rags in the sewage collection system can become lodged in the pump or valve plugging them. Construction debris dumped in the sewers is known to plug more than one pump at the same time or one after another. However, it is more likely that both pumps would fail from a failure of the pump controls. This circumstance is not that uncommon and is certainly a much larger concern. 0 Q O Q D Z Z Q W m 0 W Ix W In Ln z 0 U • • .., Mf14 IE ►a LY LL N LY LLJ W p E c Uu 7 pa �y co � C •Yj O. •V' E4 � O p j m Y V y m C y d�d$q 1 00 •C 'Q O �+ 00 " - C t1 V e0 C O P A E> a •= W> o e >r of i$ O 'v x C °� � C m N J�• a V o• Y�y 0. O V- °•' u 0' % O ro c w - OOw V Y O C 0 y y cm3ii _. •� d V V y EE�eyoO.RD., CL .6 euyyf~ C V" E •- a O °7° y E T p Lp O•y V w G•"•O+L V °•Qy m °yc$�TpwC.F4 = F a Y a u^ o W Y E rJ' C y r •C ti p T L 0 F• ' 7 p � •j ..• y +� y p 4 >Cgaci�v 'ay y r� V w m g tl U V 0 R V 010 G ca 4 .- y C C v .L.. O eI� O }O 3 9 7 t E C T; •p 3 ro c ..m. vi E Y V O Y UL,C p,Ct pD-•y�„ VQ CL?•�L ^ p u y p 3 `m e w u m m g p u 4 ` C. y V C -N vi E�5 <j 3 Ea E h 3 �•°$ =° t c O E co to _ •O C y 6 G 2 y- d y O m m =0,0 H Z n » i '� d o > _ c m x pa o¢ p 7 Y C d u o 0 'c � o N Y m V my•> ��- y V V °° > 3 3 a'c o ..7 a g �- u "zWKEot S; Q _ _ 7u E .m.um12L E Q< 3 U M h c °o E u Q. m 4 Y ro v A m y' C o0b> E'= U 7B 0-0 _z0`•Oa . ch C m N./ w - �2 � y r � � EroV• o E• ° -•�s: 0 C�Yymy r 4 u T u A= u yC `L 2i d Y y v O P R V E b ov ar u A 0•. O �0 T- C 00 L `• t a' m V C C_ .4 J E :. r. V 3 ?'_ y A H O r. " 3 C a C E ti u C 3 u E EE E a c oa O L -• P G 7ma > VVV tJ C O f> C > v �g L^. O 6 C F y 'u aV �ao O V u u a x u Z V C > - E � q O V oo H G OD J 3 i0 V C O o y c o E�•'� � °° ciicc.E� �v.;a —A�� Y. o '0 2 - o Y E t a = y V O O, G 3 a y V �•� C U % V u C w V Y eoc ow V V d y V y c y° C aEi G L C m 7 Y C �' aE.O •r C C uC 72 w 2 w yJOw yy p Y N Yw •� .C�� �' p e a ° Y > o 72 41 c� Q c C y�a'3 �3 O h r 7 y ?? A C C E V V -- ` u .G V M 7 SOOWVU w r t w o 0 0 r o 3 O O C y V C c v a r u !1c .0 U C v Z 3 pq' Vi E O a u V° o y co co a CO dC n tib o Y 4E� c i C V C c . y vfEa' a E 4 O u ro��u 5 u »y u O m ELY. V V G y 4 w Y u V � D 9 C 7 c O c y Za V y E V p V V C J7 od a E m E V U d 3 i0 V C O o y c o E�•'� � °° ciicc.E� �v.;a —A�� Y. o '0 2 - o Y E t a = y V O O, G 3 a y V �•� C U % V u C w V Y eoc ow V V d y V y c y° C aEi G L C m 7 Y C �' aE.O •r C C uC 72 w 2 w yJOw yy p Y N Yw •� .C�� �' p e a ° Y > o 72 41 c� Q c C y�a'3 �3 O h r 7 y ?? A C C E V V -- ` u .G V M 7 SOOWVU w r t w o 0 0 r o 3 O O C y V C c v a r u !1c .0 U C v Z 3 pq' Vi E O a u V° o y co co a CO dC n tib o Y OCT -24 -97 14 S9 FROM AKM CONSULTING ENG U LI • I U w / 1 4/ S: l j l • Design & Application Information KOHLER. POWER SYSTEMS OCT -29 -97 19 SO FROM:AKM CONSULTING tNU 2.1.6 Other Codes Other codes that have pertinence to specifying engineers when specifying electrical generating systems are listed below. NFPA 20— Centrifugal Fire Pumps which has special requirements concerning transfer switches, system arrangement and motor starting for fire pumps. NFPA 37 — Stationary Combustion Engines and Gas Turbines has installation requirements for prime movers. NFPA 30 — Flammable Liquids, NFPA 54 — National Fuel Gas Code, and NFPA 58 — Liquid Petroleum Gas Storage all deal with fuel installations. 3 Ft. Clearance 2.2 Location Once it has been determined that a project will include a standby power system, thought should be given to where the engine generator set can be located to best advantage. Regardless of the type of prime mover selected for the generator. it will produce noise and odors from fuel and exhaust. In addition, exhaust fumes are poisonous and must be discharged to an area where they will not be inhaled by humans or animals. Exhaust noise can be substantially muffled quite easily. Mechanical noise is inherent with engines and will vary roughly with size from 90 --110 dBA measured at a Engines, generators, and controls all require periodic maintenance and should be located in an accessible area. At lease three feet of working space should be allowed on all sides of a generator set. Consideration should be given to how the generator set will be moved into plate Ing Wally. as well as the possibility that it be necessary toremo rep acement. White generator sets are often installed outdoors in sheet metal enclosures, this is the least desirable location from a service and reliability standpoint. % %RF1 POWER SYSTEMS A -17 • CI • Dasc u ON Cm of YewpoR Beach xwage Pump Station PDR j� impacting it. Site 2 is also located in an area more accessible for construction. There is a 9 I I I !J I median island in Park Avenue providing a better location for the control panel. Finally, there is more area overall between Jade Avenue and Crystal Avenue than between Jade Avenue and the seawall. This site would impact access to more residences during construction. 7.3 JADE AVENUE SITE (SFFE 3) This site was re- evaluated with reduced emergency storage. It requires less gravity sewer C eay1O. Aaesi%O and force main construction than Site 1 or 2. To reduce the constructability problems of the previous design, the width of the wet well was reduced to 10 feet between the inside walls. This is the minimum width attainable while maintaining adequate space between the pumps. The site is not large enough to allow for a wet well capable of containing 39,000 gallons for emergency storage without excessive depths. Both the operational and emergency wet well volumes were reduced (see Figure 73). The operational volume was reduced to 1645 gallons, decreasing the cycle time for the peak flow pumps to approximately 10 minutes without alternation and to 20 minutes with alternation. The emergency storage volume was reduced to 28050 gallons, allowing only 40 minutes of storage in the wet well at peak flow. Adding the 30 minutes of surcharge storage in the system, this alternative would provide a total of 70 minutes for response following a power failure. C:�� PSC. w�PFlL }tnNlnFPy1}IOt:9.G0�SEC'�OvS �iR 7-4 �a OCT -24 -97 14 59 FROM `1 I 1 I • City of Newport beach Section 5 Sewage Pump Sudon PAR 10. COST ESTIMATES The construction cost estimates presented herein are based upon the preliminary drawings contained in this report. A contingency of 10% has been added to account for unforeseen site conditions or changes made in the design. A second factor of 6% was added for mobilization costs. A third factor of 40% was added for engineering, inspection, testing, 1, V and construction management. Tabled below presents a summary of the cost estimates for alternative pump stations. The special construction costs for shoring and dewatering requirements of the project are rough estimates only and are subject to revision upon review of the project geotechnical report. This report is in the process of being completed for the Ciry. These costs also include optional bid items. Table 10-1 Construction Cost Estimates Alternative Cost Submersible Pump Station $1,706,012 Wet Well/Dry Well Pump Station $2,023,676 Jade Ave. Submersible Pump Station $1,469,586 Submersible Pump Station with Permanent Generator $1,339,650 To balance the costs of the wet wellldry well and submersible alternatives, the entire emergency wet well would need to be eliminated from the wet well/dry well reducing the overall construction cost by approximately $250,000 (the difference in cost between the two alternatives is approximately $300,000). This configuration, however, would only provide c w.vownars lrernv,ot�.asetnoNS.av 10 1 �•; iA•'� , �( iY�.,� .., ♦.. � ♦ .. '_..� ''. �__:;i,: i _.�. t. � ` rr � r�, _:�� �. ... . ;_ ; �' — -- — ' iA•'� , �( iY�.,� .., ♦.. � ♦ .. '_..� ''. �__:;i,: t. � ` rr ,;3 _ —�.; _ ^: i �, �. ... . ;_ ; �' — -- — ' -' .�'. . is .y�7 + .: ,`�" .� i � iA•'� , �( iY�.,� .., ♦.. � ♦ .. '_..� ''. OCT -29 -97 15 OG FROM -- R- ff- -lMSOL I. ING ENG. • i y.nesa.00s ZONE % urn 1 Or of T-M r, s'uny ZONE % LEGEND SPECI DOD HAZARD AREAS INUNDATED By 100. R FLOOD ZONE No bas, flood Cle ations deutrrliaW. ZONEAE gsst hood,lewatio.tt determined. ZONE AH Flood depths M r to 3 feet (uppny area of Pointing): eme flood etevatles, descmined. ZONE AO Flood danths of 1 to 3 feet (opraily shoot flaw on doping terrain); Average depths drtermined. For areas of albrywl fan flood- in,, vdocitrts alw deermined. ZONE A99 To be peoueted from tOd.vW flood by Federal flood protection gaem under construction; no bas elevation detnmined. ZONE V Coastal need with vel«Iry hued (wave action); no bast no" elevations dettr- mined. ZONE VE Ceaaal note eith ee'wtity hazard (wave "ti.); base flood efevarions de ermimed. ® FLOODWAY AREAS IN ZONE AE .x OTHER FLOOD AREAS 19<. -': ZONE Areas of 500 -year flood: areas of loo -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile, and areas protected by levees from 100• year flood. OTHER AREAS ZONE % Areas determined to be outside 300. year flood plain. ZONE D Areas in which flood hazards are undetefm ined. II 1E !! - - I u, N Hazard Zones, and Boundary O " I J W l z LEGEND SPECI DOD HAZARD AREAS INUNDATED By 100. R FLOOD ZONE No bas, flood Cle ations deutrrliaW. ZONEAE gsst hood,lewatio.tt determined. ZONE AH Flood depths M r to 3 feet (uppny area of Pointing): eme flood etevatles, descmined. ZONE AO Flood danths of 1 to 3 feet (opraily shoot flaw on doping terrain); Average depths drtermined. For areas of albrywl fan flood- in,, vdocitrts alw deermined. ZONE A99 To be peoueted from tOd.vW flood by Federal flood protection gaem under construction; no bas elevation detnmined. ZONE V Coastal need with vel«Iry hued (wave action); no bast no" elevations dettr- mined. ZONE VE Ceaaal note eith ee'wtity hazard (wave "ti.); base flood efevarions de ermimed. ® FLOODWAY AREAS IN ZONE AE .x OTHER FLOOD AREAS 19<. -': ZONE Areas of 500 -year flood: areas of loo -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile, and areas protected by levees from 100• year flood. OTHER AREAS ZONE % Areas determined to be outside 300. year flood plain. ZONE D Areas in which flood hazards are undetefm ined. `Referenced to the National Geodetic Vertical Datum of 1929 NOTES This map gstor use in administering the National Flood Insurance Program, it doe. not necessarily identify all areas subject to flooding. Particularly tram local drainage sources of small sere. or an piamm¢tnc features wri5ro¢ Soecral Flood Hillard Areas fleas of Soec,al flood hazard (100 year flood) include Zones A. A1.30, AE. AR A0. A99. V. V1 .30 AND V E Certain areas not in SW,al Ftopd Hazard Areas may be protected by hood central Strucwres Bounoanes of the fioodways were COmoute0 at cross sections and mterpo. bled between cross Sections The floodway'S were based on hydraulic COnsberaUOns wdh yell to feauvements of the Federal Emergency Management Agency Floodway widths in some areas may be top narrow 10 Shaw t0 Scale F!oodwar widths are P,ovWed in the Flood Insurance Study Re rf. Coastal base flood elevations aDPly only landward Of the shoreline. Elevation reference marks are described in the Rood Insr -ance Study Report. Flood Boundary — �- -- — Floodway Boundary - - Zone D Boundary Boundary Dividing Special Flood Hazard Zones, and Boundary Dividing Areas of Different Coastal Base Flood Elevations Within Special Flood Hazard Zones, $1� Base Flood Elevation Line; Etc• vation in Feet- cross Section Line (EL 9671 Base Flood Elevation in Feet Where Uniform Within Zoneo RM7x Elevation Reference Mark `Referenced to the National Geodetic Vertical Datum of 1929 NOTES This map gstor use in administering the National Flood Insurance Program, it doe. not necessarily identify all areas subject to flooding. Particularly tram local drainage sources of small sere. or an piamm¢tnc features wri5ro¢ Soecral Flood Hillard Areas fleas of Soec,al flood hazard (100 year flood) include Zones A. A1.30, AE. AR A0. A99. V. V1 .30 AND V E Certain areas not in SW,al Ftopd Hazard Areas may be protected by hood central Strucwres Bounoanes of the fioodways were COmoute0 at cross sections and mterpo. bled between cross Sections The floodway'S were based on hydraulic COnsberaUOns wdh yell to feauvements of the Federal Emergency Management Agency Floodway widths in some areas may be top narrow 10 Shaw t0 Scale F!oodwar widths are P,ovWed in the Flood Insurance Study Re rf. Coastal base flood elevations aDPly only landward Of the shoreline. Elevation reference marks are described in the Rood Insr -ance Study Report. BY THE Cti `cOJ, CITY OF iP�V•JPC'T , XT v I�Y7 TO: MAYOR AND CITY COUNCIL MEMBERS f FROM: PUBLIC WORKS DEPARTMENT �S—) October 27, 1997 City Council Agenda Item No. f SUBJECT: CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACMENT. RECOMMENDATION A. Proceed with Contract award to Advanco Constructors of Upland, California, in accordance with the following 4 recommendations in the September 8, 1997, Council Report: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract No. 3156) to provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935) to compensate for additional engineering services to perform extra work beyond the original scope of work, for a fee of $56,343. or B. Reject bids and provide direction to staff on the redesign of the project. BACKGROUND At the September 8, 1997 City Council Meeting, staff submitted a report that recommended the award of the construction contract for Little Balboa Island Wastewater Pump Station Replacement - Section 5 (Park Avenue Pump Station) A copy of this staff repon is attached as Exhibit "H ". The City Council delayed approval of SUBJECT: CONSTRUCTION *HE LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27, 1997 Page: 2 this recommendation and directed staff to return to the City Council within 45 days (October 27, 1997) with a conceptual plan and a proposed contract to upgrade the existing facility at the existing site with the same degree of reliability which the proposed station has without the one -hour storage facility, but with pump and power backup reliability. The pump station design engineer, AKM Consulting Engineers, has prepared a report that discusses three alternatives to the pump station in Park Avenue. Two of the alternatives utilize the existing buried wet/dry well structure. The third alternative considers a smaller new structure at Jade and South Bayfront alley without the one hour emergency storage. A copy of the summary report is attached as Exhibit "C ". Detailed discussion of each alternative occurs later in this staff report. This staff report will provide information on the following: 1. The existing pump station and its operational deficiencies. 2. A description of the Park Avenue Station to show how these deficiencies will be corrected and operational characteristics improved. 3. Description of methods for obtaining equivalent reliability to the Park Avenue Station. 4. Description of 3 alternatives. 5. Cost estimate comparisons. 6. Presentation of the staffs recommendation. DISCUSSION OF THE EXISTING SECTION 5 WASTEWATER PUMP STATION The Section 5 Wastewater Pump Station pumps all of the sewage from Collins Island, Balboa Island and Little Balboa Island under the bay to a County trunk sewer main in Bayside Drive. The Section 5 Pump Station replacement is the number one priority in the City's Master Plan for Sewer Pump Station Improvements. The cost of replacement is funded from sewer users fees for the purpose of maintaining and replacing the sewer system. This pump station was constructed in 1924 when Balboa Island sewers were first installed. This 1920's station pumped the wastewater across the bay to an Imhoff tank where solid material settled out and the remaining wastewater was discharged into the bay after chlorination. The station was rehabilitated in the 1940's to upgrade pumps when a trunk sewer was constructed in Bayside Drive to tie -in to a system that conveyed sewage to a treatment plant near the Santa Ana River for disposal to the ocean ouffall. Attached as Exhibit "D" are aerial photographs of Balboa Island during the 1920's and 30's which give a good perspective of the housing density during these periods. The existing pump station has several deficiencies that make the station a top priority in the City's Pump Station Improvement Program. These deficiencies are itemized below: f:\ groups\ pubworks \98 - counc \oct- 27\section5.doc SUBJECT: CONSTRUCTION OF* LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION DESIGN FEATURES INCLUDED IN THE PARK AVENUE PUMP STATION The Park Avenue Pump Station was designed to provide a wastewater pump station that eliminates the deficiencies inherent in the existing 1920's station and provide a reliable system to significantly reduce the potential for sewage spills on Balboa Island. The design features contained in the Park Avenue Pump Station are listed below: 1. The station's wet well overflow area was sized for one -hour peak flow emergency storage. 2. Submersible pumps and motors were included to allow for quick removal and replacement in case of failure. They also eliminate the need for a dry well and allow pumping operations to continue when street flooding occurs. 3. The wider street in this location improves equipment access for maintenance and Am operation which decreases time to restore operation when emergency shutdowns MW occur. f:\groups\pubworks198-councloct-27Xsection5.doc REPOACEMENT. October 27, 1997 Page: 3 1. The wet well's 540 gallon capacity is too small to allow for the efficient use of the pumps without near continuous operation. The pumps turn on and off up to 15 times an hour causing excessive wear on the pumps and motors. Current systems are designed to cycle 5 or 6 times an hour. 2. The wet well has no emergency storage, which creates a high potential for sewage spills whenever there is a station failure. 3. The station has no by -pass pumping connection to permit utilization of portable pumps during station failure. 4. The station has no electrical hook -up to connect an emergency generator during power outages. 5. The access into the station is deficient in size and location for efficient maintenance and operation inside the station. 6. The electrical motors and controls are subject to failure during flooding of the alley. 7. There is not adequate, clear distance between the electrical control panel and pumping equipment to meet Electrical Code. & The inlet and outlet piping in the wet/dry well structure is badly deteriorated. 9. The concrete for the wet well structure has deteriorated and because original construction plans are not available, the impact of this deterioration can not be quantified and the remaining structure life is uncertain. 10. The location of the pump station at the T- intersection of two 15 -foot wide alleys makes it difficult to quickly access the station with the large equipment necessary to maintain and repair the station as well as to pump out the station in an emergency situation. 11. Any major repair operation requires that vehicular access to three homes be blocked. 12. The pumps and piping have deteriorated to the extent that replacement is necessary. DESIGN FEATURES INCLUDED IN THE PARK AVENUE PUMP STATION The Park Avenue Pump Station was designed to provide a wastewater pump station that eliminates the deficiencies inherent in the existing 1920's station and provide a reliable system to significantly reduce the potential for sewage spills on Balboa Island. The design features contained in the Park Avenue Pump Station are listed below: 1. The station's wet well overflow area was sized for one -hour peak flow emergency storage. 2. Submersible pumps and motors were included to allow for quick removal and replacement in case of failure. They also eliminate the need for a dry well and allow pumping operations to continue when street flooding occurs. 3. The wider street in this location improves equipment access for maintenance and Am operation which decreases time to restore operation when emergency shutdowns MW occur. f:\groups\pubworks198-councloct-27Xsection5.doc SUBJECT: CONSTRUCTION *HE LITTLE BALBOA ISLAND (SECTION 5) WAS *TER PUMP STATION REPOACEMENT. October 27, 1997 Page: 4 4. The larger wet well size increases the life of the motor and pump by reducing start and stop frequency. 5. An above ground motor control panel is provided that prevents station failure during flooding conditions on Little Balboa Island. 6. The Motor Control Center (MCC) is furnished with a generator connection for use of a portable generator during a power outage. 7. The station is equipped with a by -pass pump connector to hook up portable pumps, should a station failure occur other than power outage, such as, force main break, mechanical malfunction, or MCC failure. PROVIDING EQUIVALENT RELIABILITY WITHOUT EMERGENCY STORAGE After Working Hours Emergency Response The main purpose of having the one -hour emergency storage during peak hour flows is to prevent sewer spills during station failure. There are 5 types of station failures listed here in the order of most probable occurrences: power outage, mechanical pump failure, pump inlet line blockage, motor control panel failure, or force main break. The emergency storage allows time for on -call duty personnel to respond and take corrective action to prevent sewage spills. During normal working hours the City's 9 man wastewater crew is available to respond to failures. During non - working hours there are 2 on -call duty personnel to cover both water and wastewater emergencies. On an average, after hours duty personnel can reach a site and assess the situation in 30 to 45 minutes from the time they leave their residence. Backup support to assist in an emergency response may take an hour to an hour and a half to arrive. Under peak hour flows when a station failure occurs, the sewer system will be at or near capacity and the only leeway the response crew has is the emergency storage in the wet well. This leeway allows the time needed to either, hook -up an emergency generator, hook -up a portable pump, or begin vactor operation to prevent a sewage spill. Dedicated Stationary Generator The addition of a de stationary generator in the 3 alternatives in lieu of the emergency storage will handle any power outage occurrences. Response time is not a critical factor in this instance because the pumping continues as if nothing happened. The dedicated generator would provide replacement power to avoid sewage spills until an emergency response crew arrives to monitor the station and permanent power is restored. The dedicated generator does not handle the other modes of station failures, which are mechanical pump failure, pump inlet line blockage, electrical controls "qW f:\groups\pubworks\98-counc\oct-27\section5.clac SUBJECT: CONSTRUCTION OFO LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27, 1997 Page: 5 • malfunction, or force main break. Four locations for a dedicated generator to serve the various alternatives have been evaluated: 1. Below ground in the Park Avenue median ($586,200) This location would require an extension of the structure above the ground surface to prevent flooding. Shoring and dewatering is required which will cause the closure of Park Avenue between Crystal and Jade during construction. 2. Above ground on the vacant lot between 1810 and 1804 South Bavfront ($1,050,690) This location will require the construction of a 16 foot by 20 foot building to house the generator and Motor Control Center. In order to acquire the site necessary to place the generator building, the City would probably have to use eminent domain proceedings.. The 22 foot by 27 foot parcel needed would significantly reduce the value of the bay front parcel and the estimate assumes a large severance damage. 3. Above ground at the Jade Avenue and South Bavfront street end ($183.000) This location will require a building about 20 feet by 16 feet. Some bay views will be blocked and two parking spaces eliminated on Jade Avenue. 4. In Fire Station No. 4 at Park Avenue and Marine Avenue ($409,200) This location will require a 4 foot building expansion toward Park Avenue to modify one of the existing rooms at the fire station, which now houses a small generator. See Exhibit "A" for the pros and cons of the various generator locations. Additional Vactor Truck A pump station failure caused by the malfunction of mechanical and electrical controls, pump inlet line blockage, or force main breaks will require our response duty personnel to correct the problem to avoid sewer spills. The dedicated generator does not help in this situation. The emergency storage is the only measure to allow time to hook -up portable pumps and /or start the vactor operations. Without the emergency on -site storage, an additional vactor unit is needed to add to the capacity of the two existing vactors in order to keep up with the average sewage flow on Little and Big Balboa Islands. . Since emergency storage is not being provided in any of the 3 alternatives, an additional City vactor truck would be needed to provide equivalent reliability. This pump station is one of 22 currently operated by the City. Staff must be prepared for more f:\groups\p u bworks \98 -co u nc \oct- 27\section 5. doc SUBJECT: CONSTRUCTION &HE LITTLE BALBOA ISLAND (SECTION 5) WASiOATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 6 than one pump station to fail at the same time. Currently the City has in its fleet two • vactor trucks equipped to service pump station wet wells. One of the City vactors has a capacity of 2,500 gallons and the other 1,000 gallons. The vactor truck should be able to make a round trip off the Island in 20 minutes with an emergency pumping connection installed at the Park Avenue and Jade Avenue intersection. The City's 2 existing vactors could transport 10,500 gallons per hour. If a third 2,500 gallon vactor was added 18,000 gallons per hour could be transported. Averaged over a 24 hour period, the sewage flow generation from the 3 Islands is 17,988 gallons per hour. The peak hour flow is estimated at 40,000 gallons. Using storage created by backing up sewage in the sewer mains, laterals and manholes (system surcharge), 3 vactors could keep the system from overflowing on a continuous basis. Utilizing 2 vactors and allowing for system surcharge, sewer spillage would occur at several locations within 4 hours. It can take 3 to 4 hours to arrange delivery of a tanker truck and have it ready to commence hauling sewage off the island to prevent a spill. The 2 vactor operation does not allow sufficient leeway to guarantee operation of tanker trucks before a sewer spill occurs. When the Little Balboa Island pump station fails during peak flow periods, there is approximately 38,000 gallons of storage in the pipes, manholes and laterals before an overflow occurs. This is the system storage between the Diamond Avenue pump station and the Little Island Station. During a peak hour flow this storage provides less than one hour to respond and take corrective actions. By turning off the Diamond Avenue pump station the system storage can be significantly increased to approximately 105,000 gallons for the 3 islands. The wastewater crews, as standard procedure, turn off the Diamond Avenue pump station when the Little Island pump station is off. Since it often takes 45 to 60 minutes to make the shut down at the Diamond station, an automatic control system for the 2 stations is needed to interconnect and allow coordination of the operation of the 2 stations. Utilizing a third vactor unit will allow the removal of enough sewage to keep up with the flows without the added 1 hour of storage. This is assuming that the Little Balboa Island station is the only station that has failed, and that the equipment and staff can be fully dedicated to this one station. A vactor has an initial cost of $175,000 and a 12- year life with an annual maintenance and replacement cost of $2,500 per month or $30,000 per year. Converting this annual cost, over the 50 -year life of the project to a present worth cost and assuming a 6% interest rate yields a maintenance and replacement present worth of $474,200. When added to the capital cost of $175,000 for a new vehicle, this equates to a total cost of $649,200. 0 f:\groups\pubworks\98-councNoct-27\section5.doc i SUBJECT: CONSTRUCTION OF* LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27. 1997 Page: 7 • DISCUSSION ON THE 3 ALTERNATIVES TO THE PARK AVENUE PUMP STATION As directed by the City Council on September 8, 1997, City staff and AKM evaluated possible alternatives and developed 3 conceptual alternatives similar in reliability to the Park Avenue Pump Station. Each of these alternatives is without emergency storage. Two of the alternatives utilize the existing pump station structure and the third is a new replacement station at Jade Avenue and South Bayfront. Exhibit "E" shows the layout for each of these alternatives. For each of the alternatives there are options for the location of the dedicated emergency generator and the Motor Control Panel. See Exhibit "B" for the pros and cons of the alternatives and Park Avenue Pump Station. Alternative No. 1 - Wet Well - Dry Well SVstem Utilizing the Existing Structure This alternative involves refurbishing the existing structure by removing and replacing deteriorated concrete, replacing all piping, electrical and mechanical equipment, and constructing a dedicated emergency generator and an above ground motor control panel. The roof of the structure would be removed and a new one constructed to provide improved access to both the wet well and the dry well. Due to the small size of the dry well structure that houses the pumping equipment, only 2 pumps can be installed. A 2 -pump operation will require frequent pump starts and stops, which can cause premature wear and tear on the pumps and motor and, as currently exists, increase the potential of failure. There is inadequate space to install a third pump low flow to eliminate the problem of excessive start/stops. This problem can be partially mitigated with the addition of specialized motor speed controls which will be more difficult to maintain. Testing was done on the condition of the existing concrete structure. The test results regarding the strength of the concrete showed the concrete to be adequate. However, corrosion and deterioration has eroded about '/z inch of the concrete walls. The concrete shelf that maintenance workers stand on to clean the wet well is deteriorated to the extent that it may collapse and must be removed. The integrity of the structure remains uncertain because there is no means of performing a test to determine the extent of any corrosion on the reinforcing steel. Overall, this structure appears to have some life remaining. The Motor Control Panel, which is approximately 10 feet wide by 6 feet high and 2 feet deep can be located at one of three above ground locations. One location is at the end of the alley by East Bayfront. Another location is inside the generator building on the vacant lot. The third location is in the generator building at the end of Jade Avenue at South Bayfront. An emergency pumping connection has been provided at Park Avenue and Jade Avenue to eliminate the need to back vactor trucks or tanker trucks down the alley. f:\groups\pubworks\98-counc\oct-27\section5.doc SUBJECT: CONSTRUCTION OHE LITTLE BALBOA ISLAND (SECTION 5) WASOATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 8 Under present conditions, the alleys are so narrow that crews must back the vactor • trucks or tanker trucks down the alleys to haul off sewage whenever this station fails. This new pumping connection will allow vactor trucks or tanker trucks to stop at Park Avenue and Jade Avenue to load up and exit Balboa Island for dumping and return without the delays caused by backing these large trucks down alleys. The emergency pumping connection requires the construction of a force main pipe from the pump station in the alley to Jade Avenue and then to the Park Avenue intersection. To facilitate the construction work, the contractor must install a temporary bypass pumping system which must operate on a 24 hour basis for several months. During this time there may be some increased noise level from the temporary pump. This system would be installed in Jade Avenue with a force main connection at East Bay Front. The engineering analysis lists numerous disadvantages for this alternative primarily due to the space limitation in the dry well and the inadequate wet well capacity. Based on these disadvantages, this alternative can not be considered to have the same reliability as the pumping system designed for Park Avenue. A large enough structure to provide adequate size wet well can not be built in the 15 foot wide alley without endangering the adjacent structures. Alternative No. 2 - Submersible Pumps /Motors in the Existing Structure 0 This alternative involves installation of submersible pumps /motors. The benefit of submersible pumps /motors is that they can be completely submerged and still function without failure. This is an advantage in flood prone areas such as Balboa Island. Submersible pumps /motors are designed to be cooled by periodic submergence. The configuration and size of the existing structure does not permit the required submergence which w .' result in shorter service life of the purm� motors. A valve vault structure will need to be constructed east of the existing station to isolate the pumps during service and repairs. The other facilities necessary for this alternative are the dedicated emergency generator, motor control panel, emergency pumping connection, and the temporary by- pass pumping system which are the same as in alternative No. 1. The engineering analysis lists numerous disadvantages for this alternative primarily due to the lack of an adequate wet well depth within the existing structure. Based on these disadvantages, this alternate can not be considered to have the same reliability as the pumping system designed for Park Avenue. Deepening the structure in the 15 foot wide alley can not be done without endangering the adjacent structures. 0 f: \groups\ pubworks \98 -cou nc \oct- 27\section 5.doc SUBJECT: CONSTRUCTION OF118 LITTLE BALBOA ISLAND (SECTION 5) WASTEIOR PUMP STATION REPOACEMENT. October 27, 1997 Page: 9 • Alternative No. 3 - Replacement Submersible Pump Station in Jade Avenue at South Ba front 0 Although this alternative was not requested, it has been included to show what a new station without emergency storage would involve. This alternative uses a properly sized wet well without the emergency peak hour storage. The station at this location would have submersible pumps /motors in a new structure designed especially to accommodate the operational requirements for a submersible pumping system. The other facilities necessary for this alternative would be the same as alternative No. 1 with the exception of the temporary by -pass pumping system. The construction of the structures would require the same sheet piling as the Park Avenue Pump Station. The adjoining residents would probably be impacted to a greater extent because of the 65 foot depth to bedrock rather than the 35 foot depth at the Park Avenue Site. A pumping system provided in this alternative is comparable to the Park Avenue station and would be as reliable with an equivalent design life, in conjunction with a dedicated stationary generator and an additional vactor truck.. COST COMPARISON OF ALTERNATIVES: Cost estimates were prepared by AKM for the three alternatives utilizing the bids received on the Park Avenue Pump Station. These estimates are based on the conceptual level site plans without preliminary engineering and are considered to be rough order of magnitude numbers. The estimates for each alternative includes the dedicated generator, an additional vactor truck and design costs for preparation of new plans and specifications. Table 1 shows the breakdown of these cost components by item (i.e. Base cost, generator, vactor truck, and engineering). As would be expected, each alternative has four different estimates for the generator because there are four locations where the generator can be installed. Therefore, each alternative would have a range for its total estimated cost, which varies depending on the selection of generator location. A summary of this range in total estimated cost for each of the alternatives is shown below: Alternative No. 1 Wet Well /Dry Well in Existing $1,756,392 to $2,624,082 Structure Alternative No. 2 Submersible in Existing Structure $2,020,845 to $2,888,535 Alternative No. 3 New Submersible Station in Jade $2,214,753 to $3,082,443 '.venue at South Bayfront f :\gro ups\pubworks \98- counc\oct. _7\section5.doc SUBJECT: CONSTRUCTION *HE LITTLE BALBOA ISLAND (SECTION 5) WASOATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 10 The contract bid price submitted by Advanco for the Park Avenue Station is $1,665,150. • STAFF RECOMMENDATION In the staffs opinion, the Park Avenue Pump Station should be selected over the three alternatives based on economics, service life and operational efficiency. While the alternatives come close to providing equivalence in reliability, the existing structure alternatives fall short in correcting the wet well deficiency, the accessibility problem as well as the workspace limitations and project longevity. The engineering analysis for Alternatives 1 and 2 shows that they do not meet the "as reliable" requirements requested by the City Council. The Jade Avenue submersible pump station with the permanent generator and extra Vactor truck could be considered "as reliable ". Exhibits "F and G' are two recent letters of support received from the Little Balboa Island Property Owners Association and the Balboa Island Improvement Association. If the construction contract is awarded to Advanco at this meeting, the station can be completed prior to June 1998. Should the City Council elect not to award the contract for the Park Avenue Pump Station, the Public Works Committee can work with staff and provide direction on which alternative to proceed with on the redesign. The redesign, permitting and construction will postpone the project for at least 6 to 8 months and construction would not be completed prior to the Spring 1999. Ressppect�fully su ed, PUSUIC WORKS DEPARTMENT DON WEBB, DIRECTOR by: Eldon G. Davidson, P.E. Utilities Manager Exhibits: Table 1 - Cost Summary for Alternatives Exhibit A - Pros and Cons for Generator Locations Exhibit B - Pros and Cons for Alternatives Exhibit C - AKM Summary Report on Alternatives. Exhibit D - Aer:gl Photos of Balboa Island Exhibit E - Site Plan for Alternatives Exhibit F - Little Balboa Island Property Owners Association Letter A1111h Exhibit G - Balboa Island Improvement Association Letter M! 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Q 3 C (O m C (D - O 7 N m a CD In -n O .< O Q N ... m R ' 3 0 O m� O 7 (D m [D O' lG 7 O n O" n CD a m 3 m n m W N 3 D D (n m -O j (D o s =r Q O C CD Z� m CD -< s (D v CD CD CD 3 C m O_ a (D (CD C n < L N N D m y O CD 7 O N U3 (D y U N w N O (D o (o m (D s a c CD m @. CD m a : m o (D O m � CO O m U y � C � y m L Zr O < Cl- = al CD m m — D ,< a < 0 0 7 O 0 m CD N o N a C W cn m m � (0 m CD m CD < E m l ? n m N a r -4 y m za a� m m m c x O 3 � W a� �O N Z O Z 11 0 0 • 11 !CITY OF NEWPORT BEACH Section 5 Sewer Pump Station Alternatives Study (Summary Report) By: AKM Consulting Engineers October 1997 Exhibit C • Section 5 Sewer Pump Station - Alternatives Study Summary Report Table of Contents Section 1.0 BACKGROUND AND PURPOSE Paae 2.0 SECTION 5 SEWER PUMP STATION ALTERNATIVES --- – ---- — ------------- – _— ___ —_2 2.1 Permanent Emergency Generator -------- — -------------- — ____------------ 2 2.2 Emergency Forcemain – – 2.3 Discussion on Alternatives ------------------------------- - - - - -4 2.3.1 Alternative 1 - Wet Well /Dry Well Pumps within the Existing Structure - - - - - -4 2.3.2 Alternative 2 - Submersible Pumps in the Existing Structure ---------- - - - - -5 2.3.3 Alternative Replacement Submersible Pump Station in Jade Avenue---- - - - - -6 3.0 COSTS SUMMARY - --- ---- -- ____ - -_- — _— ____ —__ —_g • Alternative Study Summary of Costs- ,_7 • TABLES FIGURES through 17 18 through 24 APPENDIX Letter Dated July 25, 1995 to the City of Newport Beach ------------------ - - - - -- – A -1 Letter Dated August 20, 1997 to the City of Newport Beach ------------- - - -A -7 X. rplrhrxpon bewh&C/imr SUlrmra/ircr .Fim"moanrnp TUC TOC -1 0 Section 5 Sewer Pump Station - Alternatives Study Summary Report • List of Tabies Table No. Paa e- 1 Alternative Study Summary of Costs------------------------------------------------------- - - - - -7 2 Emergency Generator in the Median Cost Estimate (Alt. A) 3 Emergency Generator in the Vacant Lot Cost Estimate (Alt. B)------------------------- - - - - -9 4 Emergency Generator at the End of Jade Cost Estimate (Alt. C)------------------------- - - - -10 5 Emergency Generator at the Fire Station Cost Estimate (Alt. D) ------------------- - - - -11 6 Refurbish Existing Wet Well /Dry Well Pump Station Cost Estimate (Alt. 1) ----------- - - - -12 7 Convert Existing Pump Station to a Submersible Pump Station Cost Estimate (Alt. 2) - - -14 8 Construct a New Submersible Pump Station in Jade Avenue Cost Estimate (Alt. 3) - - - -16 • List of Figures Fiqure No. Page 1 Conceptual Plan of the Below Grade Generator Structure in the Park Avenue Median - -18 2 Conceptual Section of the Below Grade Generator Structure in the Park Avenue Median — — – - – - -- _— -- – – - ---------- ------- -- ---- - -19 3 Conceptual Plan of the Above Ground Generator Structure in the Vacant Lot-- - - - - -- 20 4 Refurbishment of Existing Facility with Alternate Emergency Generator Locations Facilities Plan (Alt. 1)--_–________—__ _________— __— _— _— ___— ______ —_21 5 Section of a Submersible Pump in the Converted Pump Station Structure (Alt. 2) - - - - -- 22 6 Conversion of Existing Facility to a Submersible Pump Station, with Alternate Emergency Generator Locations, Facility Plan (Alt. 2) ----- __— ___________— ________ —_ 23 7 Construction of a New Submersible Pump Station Facility in Jade Avenue with Alternate Emergency Generator Locations, Facility Plan (Alt. 3) --------- - - - - -- 24 is X.,pr., ,.yon hrxh'Sm. n ?X' TOG-2 L 0 • Section 5 Sewer Pump Station - Alternatives Study Summary Report 1.0 Background and Purpose This study was undertaken for the purpose of evaluating the feasibility of alternative projects that upgrade the Section 5 Sewer Pump Station by utilizing the existing pump station structure on Little Balboa Island. The existing station was originally constructed in the 1920's and consists of a 9 feet wide by 6 feet long wet well and a 9 feet wide by 8 feet long dry well separated by a 1 foot thick wall. The primary influent sewer enters the wet well 3.5 feet above the floor at the west end. The wet well floor slopes easterly at 1 -inch per foot. The dry well contains two non -clog pumps which are offset because of limited space. The discharge pipes combine into an 8 -inch diameter forcemain which exits the dry well through the east wall. The forcemain extends easterly in South Alley and bifurcates into two 8 -inch diameter forcemains just west of the seawall. Two 8 -inch diameter pipes cross the channel easterly, confluence into a single 8 -inch diameter pipe and discharge into the 36 -inch diameter gravity sewer owned by County Sanitation Districts of Orange County in Bayside Drive. A replacement project was designed as a submersible pump station with one hour peak flow emergency storage in Park Avenue between Jade Avenue and East Bay Front. The location, type and size of pump station were selected following an extensive study of • several alternatives. Feasible alternatives were further developed and described in the Preliminary Design Report dated October 1996. • Several alternatives were evaluated but not discussed in the Preliminary Design Report because they were not found feasible or they did not meet the established criteria for backup storage. They were described in two letters to the City of Newport Beach dated July 25, 1997 and August 20, 1997. These letters are included in Appendix A to this report. The alternatives included utilizing the existing pump station structure in various combinations. Visual observation of the wet well structure during the preliminary design effort indicated corrosion of the concrete walls where aggregate was exposed. Based upon this observation, it was estimated that the existing wet well had a useful life of approximately 10 years. Core samples taken in September 1997 indicate that the concrete below the '/ inch corroded portion is in good shape and can be incorporated into an updated facility assuming there is sufficient steel reinforcement. Original construction plans are not available so that an evaluation of the steel reinforcement is not possible. The existing dry well is too small for the size and number of pumps necessary. Entry and exit are difficult and unsafe. The station is not deep enough to provide adequate storage for an operational band. If refurbished as a wet well /dry well facility, the motors are subject to flooding and failure. Converting the existing station into a submersible pump station is very difficult, if not impossible. d'rpt,b,rupoH hmr nmrupy 0 0 Section 5 Sewer Pump Station - Altematives Study Summary Report • Without additional storage, a permanent emergency generator would be essential to operate the pump station in case of a commercial power failure. There is not a convenient location for a permanent emergency generator on Little Balboa Island. One possible location is the median of Park Avenue where a below ground vault can be constructed to house the generator. However, access to this vault and openings for ventilation and removal of the generator would have to extend several feet above ground to minimize the risk of flooding. Extensive shoring and dewatering would be needed for the construction of this facility. Because of these reasons, refurbishing of the existing pump station was not further investigated. On September 8, 1997, the City Council directed the staff to develop a project which would utilize the existing pump station structure and provide the reliability of the Park Avenue design. 2.0 Section S Sewer Pump Station Alternatives Two alternatives utilizing the existing pump station structure were evaluated. 1. Provide a wet well /dry well pump station within the existing structure 2. Provide a submersible pump station within the existing structure. A third alternative which constructs a replacement submersible pump station in Jade • Avenue with no emergency storage was also evaluated. Each one of these alternatives will require a permanent emergency generator and an emergency forcemain. 2.1 Permanent Emergency Generator Permanent emergency generator will operate any of the pump station alternatives in case of failure of the commercial power system. Four altemate locations are possible: a) Below ground at Park Avenue median b) Above ground at the vacant lot at South Alley near the existing pump station c) Above ground at Jade Avenue and South Bay Front d) In Fire Station No. 4 at Park Avenue and Marine Avenue The below ground structure in Park Avenue will only house the permanent emergency generator. This structure would have to extend about 4 feet above grade to minimize the possibility of flooding and to provide for ventilation. The construction of this structure will require shoring and dewatering and will result in closure of Park Avenue during the construction. One power and one controls conduit with the necessary wires will have to be extended between the motor control • X.rpMnerpon ber Mh clion 5Wlenwimev Sm�h ;'Suns an 2 Ll • Section 5 Sewer Pump Station - Alternatives Study Summary Report center located in the South Alley near Jade Avenue and the emergency generator. The exhaust from the engine will be discharged through an ornamental light standard or a similar facility in the Park Avenue median. Conceptual plan and section of the below ground structure are shown on Figures 1 and 2. The above ground structure at the vacant lot will contain the electric meter and the motor control center in addition to the emergency generator, as shown on Figure 3. The property needed for this structure is estimated to be 22 feet by 27 feet. Maintenance access to the building will be from the South Alley. A property taking of this size will significantly decrease the value of the remaining portion of the vacant lot. If an above ground structure is placed at the end of Jade Avenue, its footprint would be 20 feet by 16 feet. It would require changes to the drainage facilities at the end of Jade Avenue, block the view of the bay and eliminate two parking spaces. There is a 35 kW emergency generator at the fire station. It is located in a room at the northeast corner of the building. If a permanent emergency generator for the Section 5 Pump Station is located at the fire station, the existing generator will need to be removed and a larger (100 kW) generator will have to be installed. The existing room is not long enough for the larger generator. The building would have to be extended northerly by at least 4 feet. The ventilation from the radiator would • be exhausted near the southerly sidewalk of Park Avenue. Because of the increased distance from the pump station motor control center (MCC), larger wires and double conduits will be necessary between the generator and the automatic transfer switch. Additionally, electrical and controls conduits will be supported on the bridge at the Grand Canal crossing or installed in an under canal crossing. During the replacement of the emergency generator, the fire station will have to be provided with temporary without back -up power. • With a permanent generator an automatic transfer switch will be necessary. This will require a MCC approximately two feet wider than the previously sized MCC at the Park Avenue site. The cost estimates for the four alternate locations are shown in Tables 1 through 4. The total cost breakdown for each is listed below. Below Ground at Park Avenue $586,200• Above Ground on Vacant Lot $1,050,690 Above Ground at End of Jade Avenue $183,000 Above Ground at Fire Station $409,200 '$688,200 for refurbishment alternative, see explanation on Table 2 Page A -1 A': rprs�newpun Aeuah�.k�oriun 5.11 /rmu/ne/ S/uQtSunmmn' 0 0 Section 5 Sewer Pump Station - Alternatives Study Summary Report • 2.2 Emergency By -Pass Forcemain An emergency forcemain is proposed for all the alternatives evaluated. This forcemain will extend from the upgraded /replacement Section 5 Pump Station to Park Avenue /Jade Avenue intersection. It will be used to pump sewage, utilizing portable pumps, from the wet well to a tanker in the event of a forcemain failure or a mechanical failure at the pump station. This same function is provided by the currently designed station at Park Avenue. The emergency forcemain will eliminate the need of vactor and tanker trucks accessing the South Alley, which is difficult and time consuming. 2.3 Discussion of Alternatives 2.3.1 Alternative 1: Wet Well -Dry Well Pumas within the Existina Structure This alternative will generally utilize the existing structure with new variable speed vertical non -clog pumps. Only two pumps can be fit in the existing dry well, with clear space between facilities much less than desirable for equipment maintenance. These pumps would have to be operated with the use of variable frequency drives because • there is only one foot of wet well below the invert of the influent sewer to be utilized as the operational band. Variable frequency drives allow the pump output to be adjusted to match the inflow to the station thus reducing excessive pump cycling caused by insufficient wet well capacity. An operational band of one foot (below influent sewer) provides 404 gallons of storage which would have to be utilized for cycling the pumps when the inflow is less than 320 gpm (forcemain velocity less than 2.1 fps). A forcemain velocity of less than 2 fps will allow solids to settle out which can cause the forcemain to plug. The pump speed can be varied to match the inflow as long as inflow exceeds a minimum. The minimum flow (320 gpm) is established to provide slightly over 2 feet per second velocity in the forcemain. When the flow is less than 320 gpm, the pumps will be turned off and on, utilizing the volume (404 gallons) in the operational band. At an inflow of 160 gpm, the pumps will cycle 6 times per hour each if they are both available and 12 times per hour if only one pump is available. Normally, a seal water system would be provided for drywell pumps to prevent the entry of grit, etc. into the shaft and bearings. A sealwater system consists of a small gap tank (to protect the potable water system from cross contamination) and water into the pump's stuffing box. The stuffing box seals the shaft opening into the pump. The flushing water prevents grit from migrating into this seal area and damaging the shaft and bearings. On • X: rp,rtW,.pm hea hlS aion SUhrnuibrrs Slu(h >Summm�' r] 0 • Section 5 Sewer Pump Station - Alternatives Study Summary Report submersible pumps the stuffing box area is oil filled and seal water is not necessary. Due to the minimal space available in the existing structure, a seal water system cannot be provided. More frequent wearing of the shaft, equipment vibration and replacement can be expected as a result. Elimination of the seal water system reduces the reliability of the pumps. • • Upgrading of the existing station will involve demolition of the upper portion of the structure to improve access, removal of all mechanical and electrical equipment, lining of the wet well walls with a protective coating, and installation of all new mechanical and electrical equipment. During this construction, all influent sewers will be directed to a common manhole, which will be constructed at Jade Avenue and South Alley intersection, from where sewage will be pumped, bypassing the existing pump station. A below ground forcemain will be installed for bypass pumping so that access to South Alley is not impeded. It is anticipated that a standby pump will be procured to provide reliability. An above ground temporary electric service or generator will provide power to the bypass pumping facility. The facilities for Alternative 1 are shown on Figure 4 with three alternate emergency generator locations. The Fire Station Alternative is not shown because of its distance from the existing sewer pump station. Cost estimates for this alternative are contained in Table 5. 2.3.2 Alternative 2: Submersible Pumps in the Existing Structure Submersible motors are designed to operate completely submerged in the liquid pumped. They are not recommended to operate in air for more than 15 minutes. The pumps selected for the Section 5 Pump Station are over 4.25 feet high. Assuming that the wet well would be operated 16 inches below the influent sewer, the motors would operate mostly in air, not benefiting from the cooling provided by complete submergence. This results in short useful lives and unreliable operation for the motors. Figure 5 illustrates the section of the existing station with submersible pumps. Lowering the bottom of the existing structure in order to provide continuous complete submergence of the motors would require the removal of the floor, installation of sheet piling inside the existing structure and constructing a structure with a smaller footprint than the existing structure. The sheet piling would need to be driven into bedrock which is estimated to be about 65 feet below ground. The floor removal would have to be done under water to prevent undermining by loss of soil and resulting damage. Due to significant risk to the nearby structures, very limited work space and narrow resultant structure, lowering the bottom of the existing structure is not considered feasible. It is doubtful that pile driving equipment can operate .1'rpuvieupon Ae"k5ecnon 5WremmnevSwh.'Sumnmp 5 0 0 Section 5 Sewer Pump Station - Altematives Study Summary Report • within the narrow alley. Overhead utility lines would need to be removed before any pile driving operation can begin. If the existing structure is converted into a wet well where variable speed submersible pumps are installed, a valve vault will need to be constructed in South Alley between the existing station and East Bay Front. This will require extensive utility relocation. Submersible pumps that do not have motors submerged completely in liquid will have to be replaced more frequently. As in Alternative 1, bypass pumping will be required during the construction. The facilities needed for this alternative are shown on Figure 6. The estimated costs are detailed in Table 6. 2.3.3 Alternative 3: Replacement Submersible Puma Station in Jade Avenue Although not part of the original scope of this study, a new submersible pump station without the emergency storage was evaluated at Jade Avenue and South Bay Front. This alternative, due to its proximity to the existing pump station, will minimize the amount of gravity sewer which would need to be constructed with the Park Avenue design. . Since no emergency storage is provided, the invert of the pump station does not have to be as deep as the Park Avenue design. The wet well can be oriented with its long side in the north -south direction to provide the maximum distance from the existing structures. Sheet piling extending to the bedrock (65 feet at this location) as well as dewatering will be required for construction. Driving the sheet piling to a 65 foot depth will potentially impact adjoining residences to a greater extent than driving the sheet piling to a 35 foot depth on Park Avenue. Three pumps (two peak flow pumps and one average flow pump) are provided. Minimal bypass pumping would be required with a new pump station. Figure 7 illustrates the facilities needed for this alternative. Cost estimates are included in Table 7. 3.0 Cost Summary A summary of the various costs for the alternatives is listed on the following page. • A`.rpmnrxyon hrurh'Sraion SUlrrmmires tim,h' /.tiumman 6 • c N N N N )O N N Im M m m m O Cl) C V to 47 In i=w a O LO co O m V f-- Of 4 tl1 .N. ^ O N OND r C EU qq CO O N co O N? 3 a 0 O N (h N N V> Vi % en fA t% e» fly fA fA to fly w fA es H fH H fA fH !A E V� 49 (Al 69 3 0 0 0 0 N � � T N N N N O C � U !4 w O N � A � Oi 0) 0) d) < E � m � � (D ��� co co m < Q fH fA fH EA D fA fH (a _d 0000 J 0 0 0 0 • to O U V W O a J Q F O H e O r H Q z z 2 W W z 8 z W w O U 3 W z w q0 W z W 0 H O U W N Q m H U W O K IL L 0 p N N N N N N N N )O N N Im M m m m 1n 0) 00 0) 0) Cl) C V to 47 In 47 O m LO a O LO co O m V f-- Of 4 Vf OD N ^ O N IO OD N o N V OND r C (D N (D 1-- 0) qq CO O N co O N? N N 617 N N N N N (h N N V> Vi % en fA t% e» fly fA fA to fly n. N N N N )O N N Im Mce) c7 co W m o r r N d) 0) 01 W 00) co (O (D co co Z z ri (7 (M r 0 rl: rl: N )A !n )n CD O) OD O7 CD 0 a 0 0 0 0 N N N N fA es H fH H fA fH !A V� 49 (Al 69 0 0 0 0 00 0 0 O O O O N N N N N N N N N N N (N W 0) m 0) 0) 0) 0) W m 0) 0) O) Oi 0) O 0) 0i 0 0) 0i Oi 0) 0) d) < m (D � m � � (D ��� co co z fN fA fA fA fH fA fH EA D fA fH (a 0000 O O O O 0 0 0 0 O m 0 0 O d) 0 0 O 0) 0 0 N O O N N O O N N W O N V OD O P7 0i OD O o6 a) O O (O 01 0 co Op 0 m (O co O 0 (00 0 o o � to Vf f9 fA to fH C f9 Hi (A N N N M M M N N I N (O (O LO IO cn 0) 0) 0) d) _ N N N N to CD D/ O a O1 01 d) d) 06 O O O O In m m m (- n r (O N N In OD CO CO CO 0 0 0 0 N N N N fA fA f9 f9 49 N9 f9 Vi Vl HNC 7 0 0 7 3 0 J m 0 0 J C lO c C 5 C < Q 0 Q N Mn (C(pp Q a N < Q 0 Q _ C X W U i 0 0 ENGINEERS COST ESTIMATE DATE: October 6,1997 Table 2 Aft A PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Emergency Generator in Median CHECKED BY: Zeki Ka Iran ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 Structure Excavation 325 CY $20 $6,500 Sackfill and Compation 90 CY $20 $1,800 Shoring and Devratering 1 LS $150,000 $150,000 Monitoring Program 1 LS $25,000 $25,000 Hauling 235 CY $40 $9,400 Cast in Place Concrete 100 CY $1,000 $100,000 Reinforcing Steel 11800 Lb $1 $11,800 Access Hatch (WOO) 1 EA $40,000 $40,000 Access Hatch (4'x4') 1 EA $12,000 $12,000 Subtotal Item No. 1 $356,600 2 Mechanical Equipment Ventilation Equipment 1 LS $10,000 $10,000 Sump Pump 1 EA $5,000 $5,000 so KW Generator 1 EA $51,000 $51,000 Subtotal Item No. 2 $66,000 3 Electrical Electric Service 1 LS $5,000 $5,000 Wire and Conduit 1 LS $25,000 $25,000 Lighting 1 LS $2,000 $2,000 Subtotal Item No. 3 $32,000 4 Site Work Traffic control 1 LS $20,000 $20,000 Median Replacement 1 LS $10,000 $10,000 Pavement Replacement 80 SY $50 $4,000 Subtotal Item No. 4 $34 000 SUBTOTAL $488,500 MOBILIZATION (10 %) $48,850 CONTINGENCY (10 %) $48,850 TOTAL COST $586,20 In ARemative One, the full monitoring system cost of $110,000 is part of the generator cost. No monitoring would be required at the alley site, due to the lack of sheet piling for the alternative. The generator cost for ARemative One would therefore be $688,200. 0 • J • 0 • E 0 ENGINEERS COST ESTIMATE DATE: October 6, 1997 Table 3 Alt B PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Emergency Generator in Vacant Lot CHECKED BY: Zeki Ka 'ran ITEM I DESCRIPTION QUANTITY I UNIT I UNIT PRICEI AMOUNT 1 Structure Building 320 SF $200 $64,000 Subtotal Item No. 1 $64,000 2 Mechanical Equipment Ventilation Equipment 1 LS $10,000 $10,000 Sump Pump 1 EA $5,000 $5,000 60 KW Generator 1 EA $51,000 $51,000 Subtotal Item No. 2 $66,000 3 Electrical Wire and conduit 1 LS $3,000 $3,000 Lighting 1 LS $2,000 $2,000 Subtotal Item No. 3 $5,000 4 Property Aquisition Generator Site (27)QT) 594 SF $500 $297,000 Devaluation of Remaining Parcel (30 %) 1 LS $510,900 $510,900 Subtotal item No. 4 1 $807,900 SUBTOTAL $942,900 MOBILIZATION (10 %) $13,500 CONTINGENCY (10 %) $94,290 TOTAL COST $1,050,690 0 0 ENGINEERS COST ESTIMATE DATE: October 6,1997 Table 4 Alt C PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Emergency Generator at End of Jade Ave CHECKED BY: Zeki Ka iran ITEM DESCRIPTION QUANTITY I UNIT JUNIT PRICE AMOUNT 1 Structure Building 255 SF $200 $51,000 Subtotal Hem No. 1 $51,000 2 Mechanical Equipment Ventilation Equipment 1 LS $10,000 $10,000 Sump Pump 1 EA $5,000 $5,000 60 KW Generator 1 EA $51,000 $51,000 Subtotal Hem No. 2 $66,000 3 Electrical Electric Service 1 LS $5,000 $5,000 Wire and Conduit 1 LS $9,000 $9,000 Lighting 1 LS $2,000 $2,000 Subtotal Item No. 3 $16,000 4 SIte Work Traffic Control 1 LS $5,000 $5,000 Drainage Modifications 1 LS $10,000 $10,000 Pavement Replacement 90 SY $50 $4,500 Subtotal Item No. 4 $19,500 SUBTOTAL $152,500 MOBILIZATION (10 %) $15,250 CONTINGENCY (10 %) $15,250 TOTAL COST $183,000 10 • • Ll • 0 ENGINEERS COST ESTIMATE DATE: October 6,1997 Table 6 Alt D PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Emergency Generator at Fire Station CHECKED BY: Zeki Ka iran ITEM I DESCRIPTION QUANTITY I UNIT JUNIT PRICEI AMOUNT 1 Structure Building Demolition 1 LS $5,000 $5,000 Building Addition 100 SF $400 $40,000 Subtotal hem No. 1 $45,000 2 Mechanical Equipment 1 DO KW Generator 1 EA $70,000 $70,000 Subtotal Item No. 2 $70,000 3 Electrical 3 Phase to Single Phase Transformer 1 LS $5,000 $5,000 Wiring at Fire Station 1 LS $5,000 $5,000 Wire and Conduit In Street 1100 LF $80 $88,000 Wire and Conduit Across Bridge 270 LF $150 $40,500 Subtotal hem No. 3 $138,500 4 Site Work Traffic Control 1 LS $10,000 $10,000 Pavement Replacement 1150 SY $50 $57,500 Potholing 1 LS $15,000 $15,000 Landscape Restoration 1 LS $5,000 $5,000 Subtotal Item No. 4 $87,500 SUBTOTAL $341,000 MOBILIZATION (10 %) $34,100 CONTINGENCY (10 %) $34,100 TOTAL COST $409,200 11 ENGINEERS COST ESTIMATE DATE: October 6, 1997 Table 6 Alt 1 PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Refurbish Wet Well/Dry Well Facility CHECKED BY: Zeki Ka Iran ITEM I DESCRIPTION QUANTITY I UNIT JUNITPRICE1 AMOUNT 1 Temporary Pumping Control Panel 1 EA $15,000 $15,000 Pump 1 EA $15,000 $15,000 Electric Service 1 LS $5,000 $5,000 Energy Cost 10000 KWH $0.12 $1,200 Contractor Maintenance 1 LS $8,000 $8,000 Reroute Gravity Sevier 60 LF $300 $18,000 Pavement Replacement 100 SY $30 $3,000 Temporary Forcemain 100 LF $150 $15,000 Subtotal Item No. 1 $80,200 2 Wet Well Modifications Removal of Concrete and Float Well 1 LS $5,000 $5,000 PVC Lining 400 SF $20 $8,000 Access Hatch and Roof Modifications 1 LS $25,000 $25,000 Ventilation Equipment 1 LS $5,000 $5,000 Basket Strainer 700 LB $7 $4,900 Subtotal Item No. 2 $47,900 3 Dry Well Modifications Removal of Pumps, Piping, and Electrical 1 LS $10,000 $10,000, Pumps 2 EA $32,000 $64,000 Pipe, Fittings and Valves 1 LS $20,000 $20,000 Ventilation Equipment 1 LS $5,000 $5,000 Sump Pump 1 EA $5,000 $5,000 Spare Pump 1 EA $25,000 $25,000 Lighting 1 LS $2,000 $2,000 Access Hatch and Roof Modifications 1 EA $25,000 $25,000 Ladder 1 EA $1,500 $1,500 Gas Detector 1 EA $3,000 $3,000 Subtotal Item No. 3 1 $160,500 4 Electrical Wire and Conduit 1 LS $25,000 $25,000 Electric service 1 LS $5,000 $5,000 Telephone Service 1 LS $5,000 $5,000 Control Panel with VFD's 1 LS $75,000 $75,000 Control Panel Enclosure 1 LS $15,000 $15,000 Subtotal Item No. 4 $125,000 5 Pump Station Bypass and Forcemain Mods 8" Pump Station Bypass to Jade and Park 450 LF $300 $135,000 Forcemain Vault Replacement 1 LS $25,000 $25,000 Pavement Replacement 850 SY $50 $42,500 Shoring and Dewatering 1 LS $30,000 $30,000 Potholing 1 LS $15,000 $15,000 Traffic Control 1 LS $10,000 $10,000 Subtotal Item No. 5 1 1 1 1 $257,500 12 • • u 0 • • 0 0 ENGINEERS COST ESTIMATE DATE: October 6, 1997 Table 6 Alt 1 PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Refurbish Wet Well/Dry Well Facility CHECKED BY: Zeki Ka Iran ITEM DESCRIPTION I QUANTITY1 UNIT JUNIT PRICEI AMOUNT 6 Miscellaneous Remove and Replace Add'nl. Pvmt. on Jade 570 SY $50 $28,500 Subtotal Item No. 6 $28,500 SUBTOTAL $699,600 MOBILIZATION (10 %) $69,960 CONTINGENCY (10 %) $69,960 Pump Station Cost $839,520 Generator at Park Ave. Cost $688,200 Total Cost with Generator at Park Ave. 1 $1,527,720 Generator at Vacant Lot Cost $1,050,690 Total Cost with Generator at Vacant Lot $1,890,210 at Jade Ave. Cost $183,000 IGenerator Total Cost with Generator at Jade Ave. $1,022,520 at Fire Station $409,200 IGenerator Total Cost with Generator at Fire Station $1,248,720 13 0 0 ENGINEERS COST ESTIMATE DATE: October 6, 1997 Table 7 Alt 2 PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Convert Exist. Facility to Submersible Sta. CHECKED BY: Zeki Ka iran ITEM DESCRIPTION QUANTITY I UNIT I UNIT PRICEI AMOUNT 1 Temporary Pumping Control Panel 1 EA $15,000 $15,000 Pump 1 EA $15,000 $15,000 Electric Service 1 LS $5,000 $5,000 Energy Cost 10000 KWH $0.12 $1,200 Contractor Maintenance 1 LS $8,000 $8,000 Reroute Gravity Sewer 60 LF $300 $18,000 Pavement Replacement 100 SY $30 $3,000 Temporary Forcemain 100 LF $150 $15,000 Subtotal Item No. 1 1 $80,2001 2 Conversion of Existing Structure to Wet Well Demolition and Equipment Removal 1 LS $10,000 $10,000 PVC Lining 800 CY $20 $16,000 Access Hatch and Roof Modifications 1 LS $25,000 $25,000 15 HP Non -Clog Submersible Pump with SS Bowl 2 EA $31,742 $63,484 5 HP Non -Clog Submersible Pump with SS Bowl 1 EA $20,000 $20,000 Lifting Bail 3 EA $150 $450 Slide Rails 70 LF $48 $3,360 Piping and appurtenances 1 LS $13,435 $13,435 Ladder 1 EA $1,500 $1,500 Gas Detector 1 EA $3,000 $3,000 Lighting 1 LS $2,000 $2,000 3' x a Basket Strainer Assembly 1000 LB $7 $7,000 Subtotal Item No. 2 $165,229 3 Valve Vault Excavation 92 CY $20 $1,840 Backfll and Compaction 32 CY $20 $640 Shoring and Dewatering 1 LS $40,000 $40,000 Hauling 60 CY $40 $2,400 Piping and appurtenances 1 LS $27,010 $27,010 Sump Pump 1 EA $5,000 $5,000 12' 0" x 11' 6" Precast Concrete Vault 1 LS $40,000 $40,000 3' 0" x 2'6" Traffic Rated, Sound Ins. Ace. Hatch 1 EA $5,624 $5,624 30 -inch x 17 -inch Access Hatch 1 EA $2,000 $2,000 1r3 HP Exhaust Fan 1 EA $2,500 $2,500 1 12 HP PVC Exhaust Fan 1 EA $3,000 $3,000 Vault Light 1 EA $2,000 $2,000 Subtotal Item No. 3 $132,014 4 Sewer Force Main Valve Vault Precast Vault 1 ]EA:@j 00 $15,000 Pipe and Fittings 1 00 $10,0 00 Subtotal Item No. 4 $25 000 14 • • • • • • L 0 ENGINEERS COST ESTIMATE DATE: October 6, 1997 Table 7 Ant PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague Convert Exist. Facil' to Submersible Sta. CHECKED BY: Zeki Ka Iran ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 5 Site Works Documentation and Monitoring Program 1 LS $110,000 $110,000 Traffic Control 1 LS $5,000 $5,000 Subtotal Rem No. 5 $115,000 6 Pump Station By -pass 8" Pump Station By-pass to Jade and Park 450 LF $300 $135,000 Pavement Replacement 850 CY $50 $42,500 Forcemain Vault Replacement 1 LS $25,000 $25,000 Potholing 1 LS $15,000 $15,000 Traffic Control 1 LS $10,000 $10,000 Shoring and Dewatering 1 LS $30,000 $30,000 Subtotal Item No. 6 1 $267,500 7 Electrical Electric Service 1 LS $5,000 $5,000 Conduit and Wire 1 LS $25,000 $25,000 Control Panel With VFD's 1 EA $75,000 $75,000 Telephone Service 1 LS $5,000 $5,000 Control Panel Enclosure 1 EA $15,000 $15,000 Subtotal Item No. 7 $125t000 SUBTOTAL $899,943 MOBILIZATION (10 ° /,) $89,994 CONTINGENCY 10% $89,994 Pum Station Cost $1.079.932 Generator at Park Ave. Cost $586,200 Total Cost with Generator at Park Ave. $1.666.132 Generator at Vacant Lot Cost $1050,690 Total Cost with Generator at Vacant Lot 1$2:130,6221 Generator at Jade Ave Cost $183,000 Total Cost with Generator at Jade Ave $1,262,932 Generator at Fire Station 1$1,489,132 $409,200 Total Cost with Generator at Fire Station 15 0 0 ENGINEERS COST ESTIMATE DATE: October 6,1997 Table 8 Alt 3 PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague New Submersible Facility in Jade CHECKED BY: Zeki Ka iran ITEM DESCRIPTION QUANTITY UNIT JUNIT PRICE AMOUNT 1 Demolition Equipment Removal 1 LS $2,000 $2,000 Abandon Pump Station 1 LS $20,000 $20,000 Subtotal Item No. 1 $22,000 2 Wet Well Excavation 243 CY $20 $4,860 Backfill and Compaction 42 CY $20 $840 Shoring and Devratering 1 LS $200,000 $200,000 Hauling 201 CY $40 $8,040 Cast-in-Place Concrete 50 CY $1,000 $50,000 Reinforcing Steel 6125 LB $1.00 $6,125 15 HP Non -Clog Submersible Pump vMh SS Bowl 2 EA $31,742 $63,484 5 HP Non -Clog Submersible Pump with SS Bowl 1 EA $20,000 $20,000 Lifting Bail 3 EA $150 $450 Slide Rails 70 LF $48 $3,360 Piping and appurtenances 1 LS $13,435 $13,435 3' x 3' Basket Strainer Assembly 1000 LB $7 $7,000 5 x T SS Traffic Rated, Sound Ins. Access Hatch 1 EA $31,500 $31,500 * x W SS Traffic Rated, Sound Ins. Access Hatch 1 EA $12,000 $12,000 Subtotal Item No. 2 $4211,094 3 Valve Vault Excavation 92 CY $20 $1,840 Backfill and Compaction 32 CY $20 $640 Shoring and Dewatering 1 LS $20,000 $20,000 Hauling 60 CY $40 $2,400 Piping and appurtenances 1 LS $27,010 $27,010 Sump Pump 1 EA $5,000 $5,000 12'0" x 11' G' Precast Concrete Vault 1 LS $35,000 $35,000 3 0" x 2' 6" Traffic Rated, Sound Ins. Acc. Hatch 1 EA $5,624 $5,624 30 -inch x 17 -inch Access Hatch 1 EA $2,000 $2,000 113 HP Exhaust Fan 1 EA $2,500 $2,500 1 12 HP PVC Exhaust Fan 1 EA $3,000 $3,000 Vault Light 1 EA $2,000 $2,000 Subtotal Item No. 3 $107,014 4 Gravity Sewer Excavation, Backfill, and Compaction 100 CY $25 $2,500 Hauling 6 CY $40 $240 Pipe Bedding 6 CY $20 $120 Shoring and Dewatering 1 LS $10,000 $10,000 8-inch Vitrified Clay Pipe 100 LF $100 $10,000 5-foot Diameter Manhole 2 EA $3,000 $6,000 Subtotal Item No. 4 1 1 1 1 $28,860 5 Sewer Force Main Excavation, Backfill, and Compaction 100 CY $25 $2,500 Hauling 6 CY $40 $240 Pipe Bedding 6 CY $20 $120 Shoring and Dewatering 1 LS $10,000 $10,000 8 -inch SDR 17 Certainleed Yelomine PVC 150 LF $100 $15,000 Subtotal Item No. 5 $27,860 16 0 is I-] • • • 0 0 ENGINEERS COST ESTIMATE DATE: October 6, 1997 Table 8 Alt 3 PROJECT: Section 5 Sewage Pump Station PREPARED BY: John Loague New Submersible Facility in Jade CHECKED BY: Zeki Ka 'ran ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 6 Sewer Force Main Valve Vault Precast Vault 1 EA $15,000 $15,000 Pipe and Fittings 1 EA $10,000 $10,000 Subtotal Item No. 6 $25,000 7 Site Works Documentation and Monitoring Program 1 LS $110,000 $110,000 Traffic Control 1 LS $10,000 $10,000 Subtotal Item No. 7 $120,000 8 Pump Station By -pass 8" Pump Station By -pass to Jade and Park 350 LF $300 $105,000 Pavement Replacement 670 CY $50 $33,500 Shoring and Devatering 1 LS $30,000 $30,000 Subtotal Item No. 8 $168,500 9 Waterlines Excavation, Backfill, and Compaction 41 CY $25 $1,025 2-inch Copper Waterline 120 LF $22 $2,640 2 -inch Backfiow Preventer 1 EA $850 $850 2 -inch thick Coupling and Meter Box 1 EA $1,000 $1,000 Meter Box 1 EA $1,000 $1,000 Subtotal Item No. 9 $6,515 10 Electrical Meter Pedestal 1 LS $5,000 $5,000I' Conduit and wire 1 LS $25,000 $25,000 Control Panel 1 EA $75,000 $75,000 Control Panel Enclosure 1 EA $15,000 $15,000 Subtotal Item No. 10 $120,000 SUBTOTAL $1,046,843 MOBILIZATION (10 %) $104,684 L CONTINGENCY( 10% $104,684 Pum Station Cost 1$1,256,2121 Generator at Park Ave Cost $688,200 1$11,9U Total Cost with Generator at Park Ave. 412 Generator at Vacant Lot Cost $1,050,690 Total Cost with Vacant Lot $2 306 902 Generator at Jade Ave. $183,000 Total Cost with Generator at Jade Ave. $1439,2121 Generator at Fire Station $409200 1$1,6r,5:412 Total Cost with Generator at Fire Station 17 E 0 • 0 2I' -a' 1' 2' -6 -6" _ _I� I - t A SHORING l KM PROJECT No.: DATE: OCTOBER 1997 lu r r__ Ht -- F SHORib'G —CUR, 3 ACE I FIGURE I SECTION 5 SEWAGE PUMP STATION PLAN -BELOW GROUND EMERGENCY GENERATOR AT PARK AVENUE MEDIAN o I I N j I I I i i I I I � I i jr, I i i t N I I I CURB FACE I I � I i I i b - -- --- - - - - -- - -- N t A SHORING l KM PROJECT No.: DATE: OCTOBER 1997 lu r r__ Ht -- F SHORib'G —CUR, 3 ACE I FIGURE I SECTION 5 SEWAGE PUMP STATION PLAN -BELOW GROUND EMERGENCY GENERATOR AT PARK AVENUE MEDIAN 0 • I I I sl -m 21, -G„ IwAKM PROJECT No.: DATE: OCTOBER 1997 19 G FIGURE 2 SECTION 5 SEWAGE PUMP STATION • I SECTION - BELOW GROUND EMERGENCY GENERATOR AT PARK AVENUE MEDIAN = 2.06 -- 9 • • i �r BLOCK WALL I �A BUILDING I b Mr A b • 'v- I I I I G E N c E R O Ci A T I 0 I R M C C I • 0 - M ' T-011- 3' -0" 4 -0" 4'-0" 5' -0" 3 -� - I6' -0" E � 22' -0" 'TGURE ? 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LOT SIZE: SECTION 5 SEWAGE PUMP STATiCN 22'x 27' =594 Sr- BUILDING ABOVE GROUND I6'x 20' =320 SF EMERGENCY GENERATOR PROJECT No.: IN VACANT LOT DATE: OCTOBER 1997 20 =i 9 s m m � o m i U 2 N � 2 LQ 1 l O O � o m Wj U W W o ® ®o 1N0»3 AVEI HInOS ,,, \Q LNYBVA Wrn wpJ`` 1 i 6181 I 0181 e0el I "aI I ZoeI I coal P d I 1 I _ I I rr\ I :I S1 r � =, r I ' I I R W� W� 2 o Y,� I I I OILf j - -A311d H1f1OS I ------- - - - - -- I II m LU I Q N 'l � I P f I N II �r " tl N jl II o it J :I rI r 1 P d I 1 I _ I I rr\ I :I S1 r � =, r I ' I I R W� W� 2 o Y,� I I I OILf j - -A311d H1f1OS I ------- - - - - -- I II m LU I Q N 'l � I P f I N II �r " tl N 0 • 0 NORMAL OPERATING INFLUENT ° LEVEL SEWER--,,, ° SECTION I I ° SUBMERSIBLE MOTOR FIGURE 5 SECTION 5 SEWAGE PUMP STATION EXISTING PUMP STATION PROJECT No.: WITH SUBMERSIBLE PUMPS DATE: OCTOBER 1997 22 PUMPSEC .00N 10/0q;g7 I Nil1 SECTION I I ° SUBMERSIBLE MOTOR FIGURE 5 SECTION 5 SEWAGE PUMP STATION EXISTING PUMP STATION PROJECT No.: WITH SUBMERSIBLE PUMPS DATE: OCTOBER 1997 22 PUMPSEC .00N 10/0q;g7 i'lel 9 s w � j U 2 0 w w W2 x m x wa m W awl I � I W iW W Q O W 2 O z �, �w�� LLJ 1 j l j O O ttrvavn elel �� Beef 2 � 2 g m �=ww� J W � m ® ®® OO 1NOS=1 AV8 H1f10S , floe I noel ooel ( oifI -- — �� .�.. —. .� _ ._I .. — J 911V H1f10S o I I ^ i I CD i w' 'a. W; i I. - . R wa o 91 N °v. — ::?. . a N m N P ------------- N i � m N N °v. — ::?. . a N m N 1NOLid AVG HIMS i ANYOVA blBl I Ole[ I goof I boo Ti [ ' zoei , ooef O / 1 N VA P I ��! I OIL[ A3-11V H1nos R 1 w 19 4e• p a P i O I - I I m m W W4 W i Z a Iz a Wj W WW W G W? Lu J W [ 1NOLid AVG HIMS i ANYOVA blBl I Ole[ I goof I boo Ti [ ' zoei , ooef O / 1 N VA P I ��! I OIL[ A3-11V H1nos R 1 w 19 4e• p a >'.r - - -- LU Q I m Q - - P P i O I - >'.r - - -- LU Q I m Q - - P P O I - I I m >'.r - - -- LU Q I m Q - - P N [ r ;. 3AV )IUVd M a N Section 5 Sewer Pump Station • 0 0 APPENDIX KM 0 ENGINEERS July 25, 1997 City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Mr. Michael Sinacori Subject: Section 5 Sewage Pump Station Dear Mr. Sinacori: 11 AKM Consulting Engineers 107 r•,., .ca. c!cic �:0 i 7 :4175: -/,: ^- Project No. 0310179.00 We have received and reviewed the letters prepared by the law firm of Warren B. Wimer and Randall J. Friend, and the consulting construction management firm of Wexco International Corporation, written on behalf of five citizen's of Little Balboa Island which oppose the proposed location of the new Section 5 Sewage Pumping Station. The tone of • the letters clearly suggest a feeling that the preliminary studies of the project failed to adequately address refurbishment of the existing pump station, as a viable alternative. They further suggest that the issue of a power failure at the facility could be more economically mitigated by installing a permanent generator at the site, or a portable generator located nearby to reduce the need for large emergency storage. This could all be completed at less cost, and minimized risk to adjacent homes. As you know, the viability of refurbishing the existing pump station was thoroughly reviewed by your staff. the previous pump designer (Barret Consulting Group), and by ourselves. It was clear to all involved that refurbishment would not be a feasible alternative and was discounted without detailed analysis. A partial listing for this eliminating refurbishment from in depth consideration is as follows: 1. The Section 5 Sewage Pump Station services Balboa Island and Collins Island in their entirety. Because it is such an important facility, it should be upgraded to meet modern design standards for; access, work space, ease of maintenance and inspection; electrical controls and alarms, pump cycling, reliability and efficiency. It was clear that many of these goals could not be obtained without significantly expanding the existing wetwell and drywell. The limited alley width and numerous underground utilities in the alley make expansion impossible. 2. The existing wetwell capacity is inadequate and causes excessive cycling of the • pumps. At average influent flow (300 gpm) pumps would cycle 21 times per hour. This is clearly excessive. NEMA rated equipment is rated for 10 starts per hour M: \I rrs \loaeue \cn b725 A -1 Mr. Mike Sinacori • • City of Newport Beach Page 2 • maximum. The excessive cycling will result in premature failure of motors and starters. 3. The electrical equipment located in the valve vault violates NFPA 820. The existing electrical equipment would need to be replaced and installed in explosion proof enclosures, or preferably moved above ground into an outdoor enclosure. Unfortunately, there is not a good location in the alley for locating such an enclosure. 4. The existing dry well is cluttered and small. Entering is difficult and unsafe. Once inside, it is difficult to move freely and access equipment. The dry well may be considered a confined space by OSHA, and subject to restrictive entrance requirements, complicating maintenance of the station. 5. The existing structure is showing signs of failure. Cracked and spalled concrete is visible in the wetwell and drywell. The structural integrity and remaining service life of the structure are questionable. 6. The wetwell has inadequate storage capacity to prevent surcharging of the collection system, and possible spillage, in the event of a pump or power failure. 7. The existing entrance hatches are difficult to open, and have fallen into the dry well • on occasion. 8. Existing pumps, piping and valves are near failure and require replacement. 9. There is inadequate space to the existing drywell to install a stripper pump along with the two peak flow pumps. The stripper pump greatly improves the efficiency of the facility by pumping during low flow periods.. 10. A standby generator would need to be installed at the site to mitigate a potential power failure. The small wetwell storage capacity makes it impossible for City crews to respond to power failure with a portable generator without allowing the collection system to surcharge. The generator would need to be installed below ground in a vault, possibly on Jade Avenue. Naturally, this vault could be prone to flooding. damaging the generator. Additionally, maintenance would be difficult for City crews, and the noise from generator could be disturbing to local residents. Clearly, there is very little which could be salvaged from the existing pump station. Any attempt to refurbish should include expansion of the wetwell and drywell which is impossible to • construct. Not expanding the wetwell and drywell would leave the City with a substandard A_2 Mr. Mike Sinacori ® • City of Newport Beach Page 3 • facility which would be difficult to operate and maintain, and poses a greater threat of spilling and its associated health risks. In response to the issues raised by the attorney representing the five citizens of Little Balboa Island opposed to the Section 5 Project, we offer the following responses: 1&2 Can the existing pumps be replaced and the existing facility be refurbished? Yes, it can, but not in a manner which would provide the citizens of Newport Beach with a safe, reliable and efficient facility. This facility services a large area for which many residents rely upon its operation. Any refurbishment which does not upgrade the facility to present day design standards does a disservice to the community. For the reasons stated in the beginning of this letter, we do not believe refurbishment is an economically attractive or viable alternative. 3. What are the alternative technical solutions available to address the issue of a power failure? A. A big overflow tank • B. A back -up generator in a vault C. A further (portable) back -up generator located at the firehouse D. Other? • The only other solution which we are aware of to address the issue of a power failure is the installation of a gas or diesel - powered engine as a pump driver. Unfortunately, there is insufficient room in the existing pump station's drywell for such an installation. The other items listed are viable solutions. The design of the proposed Section 5 Pump Station incorporates a large wetwell which provides up to one hour of storage in the event of a power failure, before the collection system would begin to surcharge. This allows City personnel adequate time to arrive at the site with a portable generator. In the preliminary design report for the project, an alternative was presented to install a back -up generator below grade, using the existing Section 5 Pump Station as a vault. This would eliminate the need for a large wetwell, reducing the cost of the project. This alternative was rejected by City staff for the following reasons: • Maintenance is difficult and intensive • Noise impacts to the community • Difficult to prevent vault from flooding, damaging the equipment A -3 a . Mr. Mike Sinacori • • City of Newport Beach Page 4 A portable back -up generator stationed closer to the pumping facility may slightly reduce response times but not significantly. The operator must still acknowledge the power failure alarm, drive from his home to the City's yard to pick up a vehicle which could tow the generator, drive to the generator site and connect it to his towing vehicle, and drive to the pumping facility and connect the generator. 4. If a 5,480 cubic foot overflow tank is preferable to a back -up generator, where is the most cost efficient location? A. At the end of Park Avenue. B. At the end of Jade C Under the alley D. Under a park (in property condemned for the combined purposes of putting in the overflow tank and creating a neighborhood park on Little Balboa Island) E. Other Locating the emergency storage remote to the pump station is impractical for the following reasons: (I am assuming the intent of this question is to construct a remote wetwell to augment the capacity of the existing pump station wetwell). A. Separate facilities require additional maintenance. B. There is only a 16 -inch band of operation in the existing Section 5 wetwell. This means that the remote wetwell will only have a 16 -inch storage depth before it would begin to surcharge the collection system. It would require 4,222 SF of wetwell area to provide one hour of emergency storage. If the remote wetwell is built deeper so that a reduced surface area is required, it would not be able to gravity flow stored sewage back to the pump station. In this scenario, the City would need to remove and transport the sewage to disposal by pumping or vactor trucks. C. Condemning property for the purpose of creating a location where the emergency storage tank can be installed has the same problems as stated in A and B above. In addition, condemnation of property could be met could be met with organized opposition. Furthermore, considerable cost would be added to the project without reducing any construction risks or improving operational characteristics of the facility. Turning the site into a park may be a nice amenity for the remaining residents of Balboa Island. A -4 a Piilri. • • • Mr. Mike Sinacori • City of Newport Beach Page 5 • 5. Clearly set forth the best and worst case scenarios of all viable alternatives, and rate the technically feasible alternatives for the following factors: A. Reliability against a sewage spill B. Dollar cost of construction (including adequate budget for protective measures C. Neighborhood impacts D. Potential inverse condemnation damages E. Responsiveness to citizen concerns We believe that the alternatives which were identified to be viable were thoroughly evaluated for their relative benefits and deficiencies. Any new construction project is going to have a negative impact on the surrounding community. Whether this impact offsets the community's need for a reliable, efficient facility is debatable. Certainly those residents immediately adjacent to the proposed site feel it does. The remaining residents on Balboa Island, which are also served by the facility, may not. The proposed project has been presented to the Little Balboa Island Property Owners Association on several occasions. Many comments were made and they were addressed in the design. It has always been our feeling that the project had the overwhelming support of the Property Owner's Association. • Clearly, once refurbishment of the existing pumping facility is eliminated as a viable option, the only remaining issue is whether to construct the new pumping facility in Park Avenue as proposed or in Jade Avenue. • Park Avenue was chosen because it afforded more room for construction and would be less disruptive than the same construction in Jade Avenue. The City has endeavored to find a better way to construct this facility through its exhaustive efforts in the predesign phase. The existing City standard of using drywell pumps was reevaluated and submersible pumping equipment was recommended to reduce the size of the facility. The original wetwell sizing and City standard of two hours of storage was reduced to one hour. The geotechnical studies showed that the Park Avenue site was much closer to bedrock (35 feet) than the Jade Avenue site (65 feet). Special consideration was given to the visual impacts of the above ground control panel. A special enclosure that was designed to blend with surrounding street culture minimized the impact. The final result is a facility which is considerably smaller than that previously proposed at the end of Jade Avenue, more cost effective, and less intrusive to the surrounding community. A -5 Mr. Mike Sinacori • • City of Newport Beach Page 6 We hope this discussion answers the concerns raised on the pump station. If you have any questions, please do not hesitate to contact the undersigned. Very truly yours, AKM Cons ing Engineers 11� I A John Loague Project Manager JL:Imj cc: Zeki Kayiran • E • AKM Consulting Engineers • CONSULTING - ENGINEERS - -- L -.'_ August 20, 1997 Project No. 0310179.00 City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Mr. Michael Sinacori Subject: Section 5 Sewage Pump Station Alternatives Dear Mr. Sinacori: The preliminary design report prepared for the Section 5 Sewage Pump Station only fully develops those alternatives which, from an initial screening, were determined to be feasible to construct. As you know, the viability of refurbishing the existing pump station, along with variations on that theme, were thoroughly reviewed. It was the consensus of those studying the project that all refurbishment alternatives were either unconstructable, unresponsive to established design criteria, or would fail to provide a facility with significant longevity. Recently, several • parties alleged that all feasible alternatives were not considered. In response, we would like to discuss the other alternatives which were considered, and the reasons for discounting from detailed analysis. Before alternatives can be identified and analyzed, design criteria must be established. This sets the minimum conditions and service requirements for the project. These requirements were jointly developed by AKM and the City. For the Section 5 project these requirements included the following: 1. Constructability - Must be able to construct the facility without significant damage to adjacent facilities. Project should strive to minimize disruptions to the local residents. 2. Design Considerations - The facility must be designed to deliver in the following areas: Safe to operate and maintain. Meet all current codes and OSHA safety requirements. Must be accessible for City Maintenance vehicles (vactor truck, boom truck, flat bed truck, etc.) Minimum risk of failure and spillage. Facility must be able to mitigate both a pump or power failure. Efficient operation • • Sufficient room to access and maintain equipment m:Utrslloague\august20 A -7 0 0 Mr. Michael sinacori City of Newport Beach August 20, 1997 Page 2 • Existing facility must remain operable during construction. • Minimize noise • Minimize production of odors The above are the minimum standards to which all alternatives were compared. In addition to the alternatives discussed in the preliminary design report, the following list of alternatives were also initially considered: 1. Do nothing. 2. Refurbish the existing pump station. 3. Refurbish the existing pump station. Include variable speed pumping and emergency generator. • 4. Refurbish existing pump station. Expand existing wetwell. Install and emergency • generator. Considered in the Preliminary Design Report, but subsequently discounted by the City, was an alternative to construct a small 10 -foot diameter wetwell, valve vault, and above ground emergency generator. Alternatives 1 through 4 are discussed below. Alternative 1- Do Nothing (Status Quo) The status quo alternative is essentially a list of the existing facility's deficiencies, and is the basis for determining if action should be taken. Deficiencies of the existing station include the following: 1. The existing wetwell capacity is inadequate and causes excessive cycling of the pumps. At average influent flow (300 gpm) causes pumps to cycle up to 21 times per hour. This is clearly excessive. NEMA rated equipment is rated for 10 starts per hour maximum. The excessive cycling results in premature failure of motors and starters. 2. The electrical equipment located in the drywell violates NFPA 820. The existing electrical equipment would need to be replaced and installed in explosion proof enclosures, or preferably moved above ground into an outdoor enclosure. • A -g Wm d E Mr, Michael Sinacori City of Newport Beach • August 20, 1997 Page 3 3. The existing drywell is cluttered and small. Entering is difficult and unsafe. Once inside, it is difficult to move freely and access equipment. The drywell is a confined space as defined by OSHA, and subject to restrictive entrance requirements, complicating maintenance of the station. 4. The existing structure is showing signs of failure. Cracked and spalled concrete is visible in the wetwell. The design does not meet current seismic standards. The structural integrity and remaining service life of the structure are questionable. 5. The wetwell has inadequate storage capacity to prevent surcharging of the collection system, and possible spillage, in the event of a pump or power failure. 6. The existing entrance hatches are difficult to open, and have fallen into the drywell on occasion. 7. Existing pumps, piping, and valves are near failure and require replacement. 8. The existing pump operation is inefficient and costs the City several thousands of dollars in power costs annually. • 9. The facility is not easily accessed by City Maintenance Equipment. In general, the facility has outlived its useful service life. Pumps, piping, and electrical equipment require immediate replacement. The existing service life of the structure is estimated to be 5 -I0 years before it begins to fail. It is doubtful that the structure could survive a significant seismic event. Immediate action needs to be taken. Alternative 2 - Refurbish the Existing Pump Station This alternative includes replacing all piping, valves, mechanical and electrical equipment, repairing structural cracks and spalled concrete. Areas in which this alternative meets the established project criteria include: 1. Constructability is the best of all the alternatives. Shoring and dewatering are eliminated. Disruption to the community is minimized. 2. Addresses immediate needs at a minimum cost. 3. Existing electrical equipment can be improved to meet current codes. • 4. Pump station can remain in service while being upgraded. 1 t A -9 0 0 mr. Nflchael Slnacorl City of Newport Beach August 20, 1997 Page 4 Areas in which this alternative fails to meet the established project criteria include: 1. The drywell is too small. Entering and moving around in the drywell will remain difficult and unsafe. Location is considered a confined space by OSHA standards. 2. The upgrades would do nothing to improve the available time to respond to a power or pump failure. The risk of spillage would remain high. 3. Pump operation will remain inefficient. The wetwell is of insufficient size to limit pump cycling to a level in conformance with NENIA standards. Longevity of pump motors and starting equipment will be reduced. 4. There will remain insufficient room in the drywell to easily access and maintain equipment. • 5. Refurbishment does not adequately address the structural soundness of the facility. It is believed that the existing structure could fail within the next 10 years. The sealing of cracks and patching of concrete does not significantly improve the structural integrity of the facility. • The alternative is unresponsive to most of the criteria established for the project. The poor condition of the concrete structure will likely result in complete replacement within 10 years. Alternative 3 - Refurbish the Existing Pump Station, Include Variable Speed Pumping and Emergency Generator This alternative builds upon Alternative 2. Variable speed pumping eliminates the pump cycling problem. The emergency generator addresses power failures at the facility. Areas in which this alternative meets the established project criteria include: 1. Constructability is very good although not as good as Alternative 2. Disruption to the community is minimized. A vault must be constructed for the generator, which would require shoring and dewatering. This structure would need to be at least partially above ground to minimize the risk of flooding. 2. Electrical equipment will be upgraded to meet current codes. 3. Spillage risk is reduced by inclusion of emergency generator. E A -10 E Mr. Michael Sinacori City of Newport Beach August 20, 1997 • Page 5 4. Pump operation is improved through the use of variable frequency drives. Cycling problem is eliminated. 5. Existing facility could remain in operation during construction. Areas in which this alternative does not meet the projects established criteria include: 1. Drywell is too small. Entering and moving around in the drywell will remain difficult and unsafe. Location is considered a confined space by OSHA standards. 2. The upgrades do not address response time to the pump station in the event of a mechanical failure. 3. There will remain insufficient room in the drywell to access and maintain equipment. 4. The longevity of the structure is questionable. The wetwell is severely deteriorated. Its useful life has been exceeded. 5. Maintaining a generator within a vault will be maintenance intensive. Objectional • noise will be created from exercising the unit. • Although this alternative provides improvements over Alternative 2, it fails to address a critical issue which is facility longevity. The condition of the existing wetwell is unsalvageable and will likely require replacement in within the next 10 years. Additionally, it fails to address storage capacity for pump failure, and the safe access to pumping equipment. Alternative 4 - Refurbish Existing Pump Station, Reconstruct Existing Wetwell, Install Emergency Generator. This alternative addresses the problems with the existing pump station structure by reconstructing the wetwell. The existing drywell appears to be in relatively good condition and may be salvaged. An emergency generator is provided to mitigate a power failure and reduce the size of the wetwell. The wetwell would be sized to provide '/2 hour of storage prior to surcharging the sewer collection system. The sewer collection system also has '/z hour storage capacity and therefore the City would have 1 hour to respond to a pump failure. Because there are redundant pumps, this case is considered less critical than a power failure. A -11 = s 0 0 Mr. Michael Slnacori City of Newport Beach August 20, 1997 Page 6 • Areas in which this alternative meets the projects established criteria include: 1. Electrical equipment will be upgraded to comply with current codes. 2. Wetwell size would be increased to provide some emergency storage. An emergency generator would be provided to mitigate power failures. Redundant pumping equipment mitigates most pump failures. One hour total storage allows City crews sufficient time to respond should a pump or other mechanical failure occur. 3. Pump cycling would be reduced. 4. Pump station longevity is achieved. Areas in which this alternative does not meet the projects established criteria include: 1. Drywell is too small. Entering and moving around in the drywell will remain difficult and unsafe. Location is considered a confined space by OSHA standards. 2. Constructability is poor. Shoring and dewatering is required. Alley is too small for pile driving equipment to enter and maneuver. Adjacent structures would be in danger • of significant damage. Utility relocations would be required. 3. Insufficient room to access and maintain equipment. 4. Facility can not remain operable during construction. This alternative is unconstructable and is rejected on that basis alone. In summary, none of the four alternatives identified above deliver on all of the design criteria established for the project. Any alternative which utilizes the existing structure is going to result in limited pump station longevity. The existing structure is nearly 50 years old The concrete in the wetwell is visibly corroded. We assume that the reinforcing steel is also in poor condition. To make improvements to this facility is only a short term fix. Significant money would be spent without solving the problem. We would therefore find none of the alternatives above viable and worthy of detailed consideration. If necessary we could issue an addendum to the Preliminary Design Report which addresses this discussion. • A -12 = s'a Mr. Michael Sinacori • City of Newport Beach August 20, 1997 • Page 7 If you should require any additional information, please feel free to call. Very truly yours, �A��4I Con ul ing Engineers Jahn Loague cc: Zeld Kayiran • 17J A -13 t.. r: ♦ � i4 z v 0 T �l a ° - N CY) t r e ' r. w t ' ! II 4 ry �::i � • � �'i .� 11 r. a t; 1 ! s f• � I I 1 J ? e wt i I • wir ki _ — F •.6' I S .` 40, J v • o M y. s ''..� t oj cz qu • `l X15- *1' � L `� i, I t Iv 11t , i JF \1 1� ri Ai I I irt. 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BOX 74 r- BALBOA ISLAND, CALIFORNIA 92662 September 16, 1997 Jan Debay, Mayor Tom Edwards, Mayor Pro Tem Norma Glover, City Council Member John Hedges, City Council Member Dennis O'Neal, City Council Member John Noyes, City Council Member Tom Thompson, City Council Member Re: Sewage Pump Station Number 5 Little Balboa Island Agendized for October 27, 1997 Fr�° 1 81997 Dear Mayor Debay, Mayor Pro Tem Edwards and Members of the City Council: At the September 8, 1997, City Council Meeting, Public Works Director Don Webb and Utilities Engineer Michael Sinacori, • recommended the construction of the pump station at the proposed location which is on Park Avenue between Jade and East Bay Front. After many months of studies and compiling a voluminous amount of information, the City Council nevertheless chose to yet take on another study to determine the feasibility of constructing or replacing a pump station in the alley at Jade and East Bay Front which is the location of the present pump station. This vote was taken after your expert, Mr. Webb, stated that, for numerous reasons indicated, a pump station at that location simply was not feasible. At the LBIPOA Board of Directors Meeting which was held on September 10, 1997, this issue was discussed, once again, in great detail and the Board requested that a letter be forwarded to your attention, so there is no misunderstanding as to the Board's concerns and expectations. In November 1996, when we first met with Mr. Sinacori, it was made very clear to us that neither the Board of Directors nor the residents would choose the location for the pump station, however, our input was most definitely sought. After numerous meetings and consultations with Mr. Sinacori and Zeki Kayiran of AKM Consulting Engineers, our 12 member Board, by way of a straw vote, voted 11 in favor of the pump station being placed at the proposed location. • The one abstention was Dottie Lewis. EXHIBIT "F" September 16, 1997 • Page 2 • I can represent to you, that our Board members have studied this issue thoroughly. I can assure you that the straw vote decision was based in logic and fact, and nothing else. Public works informed us the alley location was not an option, and we questioned this quite extensively. We can only assume the information we received from Public Works was accurate and straightforward. Subsequently, three additional locations were discussed, and it was determined that the "best of all evils" was the proposed location simply because it would impact the least number of people on Little Island. To place the pump station at the median at Jade and Park, would, as we have been told, cause a good portion of Park Avenue to be closed for the duration of the project. This would not occur, we have been told, if the project goes forward at the proposed location. Personal bias was never a factor. Recently, our Board reviewed proposed alternatives to the proposed plan. As of this date, we have not changed our straw vote position as we have received no information which would cause us to modify the 11 in favor vote. I do not believe it is an unreasonable expectation to request the City Council take a leadership role and make a decision on this issue based in fact and logic. This does not appear to be a • situation wherein a decision should be made on the number of people for or against the project. To that end, we would hope that when this matter is revisited on October 27, 1997, the City Council will determine the following issues: 1. Whether or not a pump station is needed. Your Public Works Department, which you have determined to be your expert staff, has stated that for the past number of years, the pump station has been in a state of emergency disrepair and replacement is necessary. We can only hope you will follow your expert's advice in this regard. 2. What type of pump station should be constructed? The documentation we have reviewed reflects that the proposed pump station is absolutely state -of- the -art, and that would seem appropriate. 3. Your experts have supplied you with a great deal of information as to where the station should be located and that it should be constructed without delay due to the emergency condition. If the City Council determines the alley is the appropriate location, we would then hope . such decision was again, based in fact and logic. Your September 16, 1997 • • Page 3 • city staff's opinion relative to the proposed location would not appear to be constituting the "setting of policy ". The City Council sets policy however, and reasonable minds would suggest that policy should be set based on cogent, factual and logical information supplied to you by those who posses the expertise you do not. 4. Liability Concerns. The Public Works Department has made a record that the pump station, as it presently exists, is in a state of disrepair, and has also informed you of potential problems. The City of Newport Beach has been aware of this problem for a number of years and to that end, it is simply not good sense to prolong construction any longer. To do so may well leave the City open to future damage claims should the station back up on Little Island or on Diamond on the Big Island. We would hope the City Council, when making its decision, will recognize that considering the existing pump station was built well over 50 years ago, the new construction should be the best possible pump station available so as to properly provide for Little Balboa Island, Balboa Island and Collins Island. Considering the totality of the issues, the cost of the project, although important, should not be the determinative factor. One of those issues relates to • sewage spill. A sewage spill is unpleasant under any circumstance. Balboa Island, which has the highest population density in Newport Beach, would suffer greatly from such a catastrophe. A great deal of the information you requested on September 8, 1997, could have been made available to you, simply by request, prior to that date. Our entire Board and general populace are hopeful that you will thoroughly review all issues, and make your decision appropriately. Thank you for your courtesies. Very truly yours, A BROMBERG t SDB:sd cc: Kevin Murphy, City Manager Don Webb, Public Works Director V/ Robert Burnham, City Attorney Helen Wick, President BIIA Board of Directors LBIPOA • 0 is P .k: BALBOA ISLAND IMPROVEMENT ASSOCIATION P.O. BOX 64 BALBOA ISLAND, CALIFORNIA 92662 TELEPHONE (714) 67S -1773 September 16, 1997 r- Don Webb, Public Works City of Newport Beach 1 7 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Webb: Many of the residents on Balboa Island were very disappointed with the results of the vote at the Council meeting of September 8, regarding the Pump Station on Little Balboa Island. This was widely discussed at our September 9 Association meeting. As you well know this is a situation that is only getting worse with time. As this seriously affects the residents of the Big Island also, we feel we should have some say in the project also. We would like to see the City move ahead with this project as soon as possible. The site chosen by Engineers and City Staff, with input from the Little Island Association and many of its residents, seems to be the most practical and safest location. That site being Park Ave. between Jade and E. Bayfront. We realize this will be a long and irritating inconvenience for the folks closest to the site, but the need for the new pump station is imperative. To not do it, with the latest in equipment and technology is not only a waste of time and money, but most un- fair to the residents of Balboa Island, both present and future. Our Island is very special to all of us who live here and we must take care of it in the best way possible. (4elen ely, Wick, President Balboa Island Improvement Association cc:City Council City Manager Mike Sinacori exhibit "G" 0 TO: FROM r Mayor & Members of the City Council Public Works Department September 8, 1997 CITY COUNCIL AGENDA ITEM NO. 15 SUBJECT: AWARD OF CONTRACT (CONTRACT NO. 2975) CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACEMENT RECOMMENDATIONS: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract No. 3156) to • provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935) to compensate for additional engineering services to perform extra work beyond the original scope of work, for a fee of $56,343. BACKGROUND: The Section 5 Wastewater Lift Station is located on Little Balboa Island. (See Exhibit "A" for the location of all of the City's pump stations.) This pump station was constructed in the 1940's when Balboa Island was less developed and its sewer load was considerably lower than today. The station operates over capacity during peak flow demands, and the Utilities Wastewater staff is put on alert during these times in case the station fails. If a failure should occur, staff would then use the City vactor equipment to transport wastewater off the island. The current station does not have any other bypass capabilities. The 50+ year -old station has operated beyond its design life. The pumps are worn, obsolete, inefficient, undersized and unreliable. Many of the components of the station do not meet current state mandated codes and standards. Exhibit H Page 2 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 • PROJECT DESCRIPTION: Contract No. 2975 will provide for the construction of a waste water pump station utilizing submersible pumps installed in a wetwell with sufficient capacity to provide one - hour emergency storage at peak flows. The pump station will be installed on Little Balboa Island in the center of Park Avenue between Jade Avenue and East Bay Front. A sewer line and force main will be constructed in Jade Avenue to connect the new pump station with the existing sewer and force main in the alley parallel with South Bay Front. The pump station will be below the pavement surface except for a control panel (in the sidewalk area) and vent pipes (in the median). A site plan and location map is attached. The estimated time of completion for the project is 255 calendar days (8 -1/2 months). The project specifications require the contractor to complete the work within this time frame, which will allow completion prior to the 1998 summer season. In addition, an incentive bonus /penalty amount of $2,000 per calendar day is included in the project contract documents to further enhance the chances of on -time or early completion, which will further minimize disruption to the community. The bonus is $2,000 per calendar day if the contractor completes the project early. There is also a $2,000 bonus incentive for completing work within Jade Avenue in less than 30 calendar days. • Over the last six months this project has been discussed with the Public Works Committee multiple times. Most recently the project was reviewed at the July 28th, August 14th and August 25th Committee meetings. There was public input on the project at each of these meetings. The attached August 25th Public Works Committee report (Exhibit 'B ") describes how the contractor will handle a number of issues raised by residents on Little Balboa Island. At the conclusion of the August 25th meeting, the Committee endorsed staff's recommendation to award this project and requested that the item be forwarded to the City Council for consideration. Exhibit "C" is from the July 28th Public Works Committee meeting and lists reasons for siting the pump station on Park Avenue. COMMUNITY INVOLVEMENT: Over the past 3 to 4 years, Utilities and Public Works staff have given presentations to and met with both the Little and Big Balboa Island Associations on numerous occasions. Alternatives and design concepts were discussed at these meetings. Dottie Lewis, who lives on Park Avenue next to the proposed pump station, has submitted a petition with 75 signatures (letter and one page attached, Exhibit "D "). This petition indicates the Islands are built out and that the proposed station exceeds the • needs of the Island. It is suggested that the existing station be enlarged or reworked • Page 3 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 . September 8, 1997 and upgraded. If the large station is needed, the house at 106 Jade Avenue should be purchased and converted to a park with the station below it. James E. Munroe, who lives next to the existing pump station has submitted a letter (Exhibit "E ") with 21 signatures. This letter supports the Park Avenue pump station location. PROJECT BIDS: At 2:00 p.m., on August 12, 1997, the City Clerk opened and read bids for this project. A total of two (2) bids were received from the thirteen (13) prequalified contractors. The lowest responsible bid was 9.2% above the Engineer's Estimate of $1,524,666. The bids from the pre - qualified contractors are listed below. A more detailed itemized bid summary is attached as Exhibit "F": Rank Contractor /Bidder Total Bid Price low Advanco Constructors $ 1,665,150 2 Pascal & Ludwig Engineers $ 2,441,172 • The following companies declined to bid on the subject project: Caliagua Inc. Gateway Pacific JW Contracting Kiewit Merco Construction Nationwide LOW BIDDER: Mladen Buntich Construction Nielsen Dillingham J.R. Filanc Construction SSC Construction Vadnais Corporation Advanco Constructors of Upland is a qualified general contractor licensed to do business in California. This company has successfully completed similar projects for other public agencies and municipalities throughout Southern California. The firm has a solid reputation in the water and wastewater construction industry and has a significant amount of experience with similar projects. Prior to recommending the award of the contract, Advanco project team members were interviewed and their qualifications reviewed. After the meeting, staff was satisfied that the contractor was qualified and capable of performing the required work. The assigned project manager has more than twenty -seven (27) years of experience and • the project superintendent has over twenty -six (26) years of experience. In addition, a project engineer will be assigned to assist in the day -to -day operation. 0 Page 4 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 Reference checks on their recent projects revealed favorable comments as to their • ability to perform the work safely and in an efficient manner. The contractor has recently worked for the cities of Del Mar and San Diego, County of Orange, and the County Sanitation District of Orange County. In many agencies' opinion, Advanco is one of the best contractors they have worked with. The insurance policies and bidder's bond submitted by the contractor will meet the City's requirements. Insurance Companies affording coverage and sureties issuing bonds shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accord with the latest edition of Bests key Rating Guide: PropertV- Casualty. London based or off -shore insurance companies will not be accepted. PROJECT CONSTRUCTION MANAGEMENT: In order to effectively administer the construction contract, the City is proposing to hire an engineering firm to perform public relations, construction management, inspection and contract administration services. The construction manager will oversee the day - to -day construction activities related to the pump station and coordinate with residents and businesses on both Little and Big Balboa Islands during the next year. 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, conduct weekly contractor meetings, and prepare all documentation for contract administration and progress payments. In addition, they will coordinate all community and business coordination meetings and will also be the main contact for any complaints or claims. From a schedule standpoint, it is important to note that the construction manager will assist the City in a number of tasks that will occur prior to the actual commencement of the pump station construction. Examples of these tasks include setting up communication and reporting procedures, preparing a number of tracking forms and scheduling controls, establishing shop- drawing review procedures, coordinating the pre - construction meeting and a number of other tasks. As such, it is important to understand that the construction manager needs to be involved in the project when the City awards the construction contract. The construction management consultant selection process was conducted consistent with state law and City policy for "qualifications -based selection" (CBS). Five firms submitted responses to the request for proposals. The firms were: Daniel Boyle Engineering Inc., Dudek & Associates, Inc., Moffatt & Nichols Engineers, Robert Bein, William Frost & Associates and Sverdrup Corporation. The written proposals were reviewed by a selection committee. On the basis of a • detailed ranking of the various firms and interviews with three of the firms, the selection • • Page 5 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 • committee chose Daniel Boyle Engineering Inc., as the most qualified firm to perform the required construction management and professional services for the project The detailed criteria used to evaluate qualifications of all the engineering firms considered the following key areas: 1. Proposal Content 4. Project Team 2. Project Understanding 5. Project Management 3. Project Experience 6. Project Public Relations Approach The firm of Daniel Boyle Engineering, Inc., has a team of qualified, technical professionals, construction managers and inspectors who have extensive experience with similar water and wastewater pumping facilities. Upon selection of Daniel Boyle Engineering, a separate meeting was held to review the proposed scope of work and negotiate a fee. The proposed Professional Services Agreement with Daniel Boyle Engineering Inc., provides for a comprehensive set of professional level tasks to administer and inspect the project. 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 fee amount of $177,912. The specific work tasks and responsibilities are further enumerated and detailed in the agreement, which is attached as Exhibit "G ". • If approved, the construction management consultant will start work and handle tasks related to the implementation of the wastewater pump station replacement contract. PROJECT DESIGN EFFORTS: AKM Consulting Engineers was hired in March 1996, for a fee of $132,906. The project schedule, included in their contract, indicated that the project would be designed over a 20 week period. Due to design concerns raised by the residents, this effort extended over 65 weeks. Many issues addressed during the design period were not originally envisioned in AKM's proposed scope of work in March 1996. The original project scope estimated 28 sheets of construction drawings. At the conclusion of the design effort in June, 36 sheets were required. Based on the expanded scope of work, primarily related to providing additional information and design to answer the concerns of impacted residents, it is recommended that the AKM fee be increased by $56,343 to cover the extra work they performed. CONCLUSION: The existing substandard 50+ year -old station is inadequate and needs to be expanded • to provide emergency storage capacity to avoid potential sewage overflows into streets and homes. The Little Balboa Island Community, in general, supports the replacement of the facility. An extensive community information process has been used to discuss • Page 6 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 designs and issues with the residents. The Public Works Committee on three • occasions since July 28th has received input from residents and at their August 25, 1997 meeting supported the staff's recommendation to go forward with the much needed project and award the Contract to Advanco Constructors of Upland, California. The funds required for the construction contract, Construction management and design costs are budgeted in the Wastewater Enterprise Fund Capital Project No. 7532 - 05600100 -Sewer Pump Station Master Plan Improvements. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: _ "P " Michael I Sinacori, P.E. Utilities Engineer MJS:tam Attachments: Exhibit "A" Exhibit "B" Exhibit "C' Exhibit "D" Exhibit "E" Exhibit "F Exhibit "G" City Wastewater Pump Stations, location map and site plan August 25, 1997 Public Works Committee Report, July 28th Public Works Committee Report. Lewis Letter and Petition. Munroe Letter and Petition. Bid Summary. Professional Services Agreement. • 0 • E W z FK q q Q z x U Q q O a z w 0 U x H Exhibit A -2 ` z 3v�� �otl 12 owt,3 7t GRAND UNK. I L _ P 1s 0=- 1' Ir i r;l � �• 1%B QO'il I j I NIX 7 pp" ' 1 12 yn A 1 Mn I 5 I i i i^ IJ Wm _ I 5 P. N a� 1 1 jal - 1 l i E 1 i ID i C I I 1 1 , • ` � / '�� VO � yo O q to E W z FK q q Q z x U Q q O a z w 0 U x H Exhibit A -2 0 95 w Jl iR in o V V " 'A Jl iR in it 3 A V N U V.1d. Exhibit A-3 L E • o UL -A311V Hinos mss" i Et. ist I L" I Mll A . > V"A Q I it 3 A V N U V.1d. Exhibit A-3 L E • Agenda Item No 8 August 25, 1997 CITY OF NEWPORT BEACH • PUBLIC WORKS COMMITTEE TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT RECOMMENDATION Endorse staff's recommendation to award the Little Balboa Island Pump Station Replacement contract to Advanco Constructors and direct Staff to prepare the agenda item for City Council consideration at the September 8, 1997 Council meeting. BACKGROUND Since the first of the year, the Little Balboa Island Pump Station Replacement Project has been discussed five times at the Public Works Committee. Each time the Committee has been briefed on the project status and staff's efforts with the community. In addition, several meetings have been held with the residents to discuss the project in detail. Attached to this Committee report is the August 14, 1997 report to the Public Works Committee regarding the project. This report is attached for your reference and • information so that duplicate information, to the extent possible, will not be presented in this report. ADVANCO CONSTRUCTORS At the Public Works Committee meeting on August 14, 1997, the Committee Members requested that Advanco Constructor's qualifications be reviewed in detail to ensure the appropriate attention has been given to this complicated and difficult pump station replacement project. - A meeting was held on Monday August 18, 1997 where representatives from Advanco Constructors, City staff, the proposed Construction Manager, and AKM Consulting Engineers (the design engineers) were present. The meeting was very detailed and questions were asked in regard to shoring methods, proposed monitoring program, public relations and claims handling, dewatering methods, noise, parking, and many other topics with the following responses: 1) Shoring methods -the pit will have interlocking sheet piles that will be vibrated into the ground to seal off the water from the construction zone. The piles will be installed by the vibration method. A shield will be used in the pipe trenches. • 2) Monitoring program - RMA & Associates, a sub - consultant to contractor, will monitor both vibration and settlement. Advanco anticipates no settlement. Exhibit B • Agenda Item No. 8 August 25, 1997 Page 2 3) Public Relations - Advanco will video /audio tape all homes and expects • residents cooperation for everyone's protection. 4) Claims handling - if necessary, Advanco will handle in concert with their insurance company. 5) Dewatering methods - after the sheet piles are installed, the pit will be dewatered. Minimal dewatering is anticipated after this initial effort because of the piles sealing off the adjacent groundwater. The trench dewatering will be accomplished on a day to day, segment by segment method. 6) Noise - an electric pump will be used for dewatering and generates very little noise. During the day, concrete breaking equipment will make noise during the first phase. 7) Parking - the contractors heavy equipment will stay at the job site. The workers will be shuttled from their off -site construction yard. Advanco spoke to a number of successful projects that have been recently completed which included similar dewatering requirements. After the extensive interview, the City team was satisfied with Advanco Constructor's qualifications and felt that they could perform the construction in a responsible manner. The attached list of experience was provided to staff. The underlined projects are ones • that directly use shoring and sheeting that is proposed for use on Little Balboa Island. Also attached are pictures from the J -880 project from the City of Del Mar where a sheet piling operation was successfully performed by Advanco just a few feet from adjacent structures. Staff also has contacted several agencies with regard to Advanco's performance. Each agency contacted indicated that they are a good contractor. ADDITIONAL QUESTIONS RAISED BY COMMITTEE MEMBERS ON AUGUST 14, 1997 Committee members requested that staff report on the alternatives reviewed during the preparation of the plans and specifications for this project. AKM has prepared the attached letter summarizing the additional alternative analysis that was performed in the six months prior to the publishing of the October 1996 Preliminary Design Report, including a study on the use of on -site generators. In addition to AKM's efforts, several years of study pertaining to this project have taken place with City staff and other agencies. It was a culmination of these years of review and AKM's preliminary design efforts that resulted in the final project configuration that is currently planned. An interesting side note, Advanco had explored the idea of Micro - tunneling (zero excavation) the Jade Avenue gravity sewer mains. This alternative method proved to be $750,000 higher than the traditional open cut and pavement replacement method. It was Advanco's understanding that the second bidder, Pascal and Ludwig, had included this cost to . complete the pipeline portions of the project. • . Agenda Item No. 8 August 25, 1997 Page 3 . The Committee also requested that the insurance requirements be reviewed for this project. The City's Risk Manager is currently working with outside counsel on this issue and will report to City Cuuncil under separate cover. Advanco Constructors is self- insured up to $600,000 and that the additional coverage up to $5,000,000 will be provided by a California Admitted Insurance Company not a London based firm. Advanco also noted that because of their vast experience in similar projects their goal was to not have any insurance claims. They indicated that Advanco Constructors, a Division of Zurn Constructors, Inc., will stand behind their construction activities. Members of the Advanco team will be available at the Committee meeting to address any specific questions from Committee members. In addition, concerns were raised about responsiveness to residents complaints about the construction project, including potential claims. This issue was reviewed by City staff, Advanco and the City's proposed Construction Manager. A system will be developed for handling claims so that direct access for the residents impacted will be accomplished. This includes all claims and complaints from the community. The project team determined that the complaints will be filed with the City's Construction Manager for proper tracing and logging. Upon receipt, the Construction Manager will route the information to the appropriate people at Advanco Constructors. If a reasonable response is not obtained in a short amount of time, the City's Construction Manger will assist Advanco with the issue. If the issue remains unresolved, the complaint will be routed to City staff for action. This system has worked well on other City projects where complaints and claims are • addressed quickly and efficiently to the satisfaction of all parties The City's Construction Manager will also be actively involved in the public relations with the community. They will attend Association meetings, provide a monthly newsletter and address questions asked by the neighborhood. Staff feels that block captains should be appointed to assist in communications with the Construction Manager and the residents. EMERGENCY RESPONSE BY EXISTING CITY CREWS In addition to Committee members concerns, Mr. Wimer, the attorney representing the opponents to project, indicated that the project size was developed as a convenience to staff and should be down sized considerably. It should be understood that the convenience to staff was not a factor in sizing the emergency storage. Staff notes that the Utilities Division has 11 wastewater employees available to respond to emergency failures at the City's 23 sewer pump stations during normal working hours and after hours. These failures could take place in the pumps, valves, force mains, motor controls or electrical service. There are 2 portable generators, 3 by -pass pumps, and 2 Vactor trucks in the Utilities fleet that could be utilized in a City wide power failure which would keep 7 stations operating. If some of the 11 staff members are not available due to absence or unavailability during after hours there are 11 additional employees in water operations that have been cross trained to operate the emergency equipment. Should the water pump • stations lose power at the same time then all the water employees will not be available as back up for emergency operations of the sewer pump stations. The City will have to rely on emergency storage at the remaining 15 stations until equipment and manpower are available. • • Agenda Item No. 8 August 25, 1997 Page 4 RECOMMENDATIONS . Advanco is a well qualified construction firm and has submitted an acceptable bid, having full knowledge of the difficult nature of this project. They have many years experience in these types of projects. It is therefore recommended that the Committee endorse Staff's recommendation to award the contract to Advanco Construction for the replacement of the Little Balboa Island Pump Station. Attached for your review and comment is the draft September 8, 1997 City Council report recommending the award of the construction to Advanco Constructors, the award of the Construction Management services to Dan Boyle Engineering, Inc., and the approval of a contract amendment for professional services for AKM Consulting Engineers for additional efforts expended during the preparation of the project documents. Respectfully submitted, PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR by: Mi ael J. Sinacori, P.E. Utilities Engineer Attachments: Draft September 8, 1997 City Council Staff Report August 14, 1997 Public Works Committee Report, including attachments and supplements. Advanco Constructors List of Related Project Experience. Example Picture from Advanco's Del Mar Seawall Construction. AKM report on Pump Station Alternatives dated August 20, 1997. Letter from Dottie Lewis dated August 18, 1997. Letter from Gregory M. Lloyd, Attorney at Law dated August 14, 1997. MJS:sdi E • Agenda Item No. 1 August 14, 1997 • CITY OF NEWPORT BEACH PUBLIC WORKS COMMITTEE TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT RECOMMENDATION Award the Little Balboa Island Pump Station Replacement contract to Advanco Constructors and direct staff to prepare the Item for Council consideration at the September 8, 1997 council meeting. THE LOW BIDDER On August 12, 1997 bids for the pump station construction project were opened and Advanco Construction was the low bidder on the project at $1,665,150. Pascal and Ludwig submitted the only other bid at $2,441,172. Staff believes Advanco can perform the required construction. They have been in business for over 40 years and have performed construction projects similar in nature. References checks revealed favorable responses. In fact, some agencies if given the option would work with Advanco alone for is all projects since they had performed so well for them. Because of their financial strength and the comments received, they rated extremely high in the prequalification process. More bids would have been received, and possibly lower bids, if the opposition to the project from the adjoining property owner wasn't so great. BACKGROUND At the Public Works Committee meeting on July 28, 1997, the Committee Members received input from staff and the Law Offices of Waren B. Wimer. Mr. Wimer represents Dotty Lewis and four other opponents to the project, see attached July 28, 1997 report and supplements. Since that time, staff has met again with Mr. Wimer and his associate, Randal J. Friend, on Thursday, July 31. Mr. Wimer and Mr. Friend again expressed concerns about potential damage to their clients homes and requested that certain language be added to the bid addendum to the prospective contractors. The language clearly indicated that the neighboring residents had concerns about damage to their homes. In addition, a letter from Mr. Wimer's engineering expert, Wexco International, accompanied the addendum and it warned of the potential for damage to the adjacent properties. This letter and addendum language clearly discouraged some bidders. So much so, 11 out of 13 bidders chose not to bid. • In discussions with the contractors, it was clear that their choice for not bidding was based on the opposition from the residents who have already hired attorneys before the project starts construction. Also, it was noted by several contractors that a higher bid was going be submitted to offset the risk of any lawsuit. Agenda Item No 1 August 14, 1997 Page 2 QUESTIONS RAISED BY WAKEN B. WIMER • Mr. Wimer raised several questions in his letter of July 24, 1997, which can be narrowed down to a single issue. Why doesn't the City eliminate the large (1 hour) storage tank and install a backup generator instead. This would be a practical solution if the only potential failure mode is the electrical source. This solution wouldn't take into account a failed control panel, piping, valves or pumps. A backup generator only solves a power outage occurrence. In addition, it still takes staff time to respond to the 23 wastewater pump stations to allow transferring the station from an Edison power source to a backup generator source. A one hour response time flexibility should be considered the minimum. Mr. Wimer was asked the question at the subsequent meeting on July 31.... if the storage area was reduced or even eliminated, would your clients be satisfied with the station next to them? Though a direct answer was not received, Mr. Wimer indicated that he and his clients goal was to completely relocate the project to any other location except next to their house. CONTRACT REQUIREMENTS Through a constructability review in addition to gathered information from Mr. Wimer and his clients, an amended set of construction documents were prepared. The addendum that was prepared on August 1, 1997 further clarified the need of the Contractor to be • sensitive with the neighboring residents. The specifications provide for a bonus incentive of $2000 per day if the contract is completed early. In addition, the work on Jade Avenue will also have a bonus /penalty incentive. The work on Jade must be complete within a months time. Stringent monitoring requirements of external and internal features of the surrounding 100 homes will be documented by written report, photographs and video tapes. There are also requirements for limited construction parking, noise generation limit constraints, off site storage and parking requirements and other community sensitive provisions included in the documents. No project in the recent past has been the subject of more extensive monitoring and community relations programs. The Contractor is also required to attend community meetings on a regular basis to keep the residents informed and knowledgeable of contract activities. OPPOSITION TO THE OPPOSITION On August, 4, 1997, James Monroe submitted a letter with signatures of a number of area residents. Mr Monroe is a resident at the furthest southeasterly house on Little Island, near the existing pump station. The Monroes' have witnessed staff maintaining the station for years, in routine and emergency situations. They clearly understand the need for the pump station replacement and indicate so in the attached letter. No matter where the construction of the new pump station takes place, the Monroes will have the greatest impact. The existing station abandonment, force main installa tion, gas line relocation, gravity sewer and new .eater mains installations all take place in the south bayfront alley • which is the only access to the Monroes' home. Agenda Item No 1 August 14, 1997 Page 3 • Access to the Monroes' home will be more impacted than any other resident. Even so, the Monroes still welcome the replacement project. Mr. Monroes letter indicates that there is a quiet majority that support going forward. Clearly opposition exists to the minority opposition of Mr. Wimer's clients. WHERE DO WE GO FROM HERE? After listening to concerns raised by Mr. Wimer and Mr Friend, it doesn't appear that another "better" solution exists to the currently designed project. Advanco is a well qualified construction firm and has submitted an acceptable bid, knowing the potential problems that can occur in the construction process. It is recommended that the contract be awarded to Advanco Construction for the replacement of the Little Balboa Island Pump Station and that the staff be directed to prepare the item for consideration at the September 8, 1997 City Council meeting. Respectfully sub fitted, PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR by: Ichael J. Sina ri, P. E. 9,9Dt1 Utilities Engineer Attachments: July 28, 1997 Public Works Committee Report, with supplements July 31, 1997 letter from James E. Monroe • Agenda Item No. 7 July 28, 1997 CITY OF NEWPORT BEACH PUBLIC WORKS COMMITTEE • TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPDATE ON LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT RECOMMENDATION Review input received and provide direction to staff. DISCUSSION At the request of Council Member Noyes, Dottie Lewis is being provided an opportunity to discuss concerns she has regarding the proposed pump station. Ms. Lewis has retained an attorney and engineer who have reviewed the currently planned project. We have been told that they have identified an additional alternative. The information prepared by her attorney and engineer was requested to be provided prior to the meeting for inclusion in this report. At the time of preparation, nothing has been received. This project has been in the planning and design process since 1989. A preliminary study • was finalized in 1991 and plans and specifications were completed for the Jade Street site at South Bayfront in 1995. Concerns raised by the geotechnical engineers and contractors prompted a second look at the design concept. In addition, the cost of the replacement station was shown to be beyond the City's budget. In March 1996 the City Council authorized a professional services agreement with AKM Consulting Engineers for the re- design for the replacement of Little Balboa Island Wastewater Pump Station. The first phase of the design was to prepare a design study which looked at options available at several locations and ways to reduce the cost of the previously designed station. Since that time, AKM and City staff have been working closely with the Little Balboa Island Homeowners to develop alternative sites to Jade Avenue design. After extensive study, a new site location at the intersection of Park and Jade was identified as being a prime location for the new station. Further geotechnical studies have revealed significantly more favorable conditions at this location than the Jade Site. In addition, the street right -of -way is 60 feet on Park in comparison to the 40 feet on Jade so that construction can be at least 10 feet further away from existing residences. Formal presentations were made to the Little Balboa Island Homeowners Association (LBIHA) Board meting in November, December and January. In addition, numerous sub- committee meetings were held to discuss the project alternatives. After narrowing down a site on Park Avenue for the pump station, discussions began to center around the above ground control panel and Edison service that is required for the project. At the January • meeting a consensus of the LBIHA Board and attending homeowners was met identifying Agenda Item No. 7 July 28, 1997 Page 2 • the location of the control panel at the North East Corner of Jade and Park, with pump the station structure located between the bayfront and Jade. With the acceptance of the community, the design plans and specifications were completed. On Sunday, February 9, 1996 at the Balboa Island Fire Station, a Town Hall meeting of the entire Balboa Island was held where City staff spoke to the community on various issues relating to the Little and Big Balboa Islands. A presentation was made with regards to the re- designed Little Balboa Island Pump Station. Dotty Lewis spoke in opposition at this meeting. On Monday April 7, City staff and the design consultant, along with representatives from the Homeowners Board met again to review the project. An overview of the planning and re- design process that had taken place over the last nine months was presented and the project design and construction impact issues were also addressed. Many good ideas were brought up at the meeting which included construction hours suggestions, parking mitigation measures, street sweeping schedule adjustments, off - island contractor storage site and restrictions of summertime construction. The following day, the Coastal Commission unanimously approved the City's application for a Coastal Permit. The Coastal meeting was attended by six Little Balboa Island • residents who opposed the project. These same residents attended the informational meeting held the previous night. Since the time of the Coastal Commission meeting, staff has continued to meet with individuals that have been contacted by Ms. Lewis. Mr. and Mrs. Gilpin, who live at the Norwest Corner of Park and Jade, have a request to remove two palm trees to increase the view of the bay from their house. This effort has been included into the final contract documents. In addition, the re- design documents have been reviewed for constructability by a firm that designed and constructed a similar project next to Mission Bay. Comments from that firm and City staff were incorporated into the drawings in June. The project was sent out to bid on July 8 1997 with bids due on August 12, 1997. Depending on the bids received and pending Council approval, the project could begin construction in September with an anticipated completion of the project in May 1997. Respectfully�,ubmitted, �ORKS DEPARTMENT DON WEBB, DIRECTOR by: • chael J. Sinacori, P.E. Utilities Engineer r i 0 A_e & Item No 7 July 28. 1997 • CITY OF NEWPORT BEACH PUBLIC WORKS COMMITTEE TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS COMMITTEE SUBJECT: UPDATE ON LITTLE BALBOA ISLAND PUMP STATIONS REPLACEMENT The attached submittal from Warren B. Wimer, attorney for Mrs. Lewis, was received at 1:15 PM, Thursday, July 24, 1997. It is being transmitted to the committee without being reviewed by the staff. At the conunittee meeting staff commens, to the extent possible in the short time available, will be made to answer the issues raised. PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR \J • • • 0 WARREN B. WIMER & RANDALL J. FRIEND ATTORNEYS AT LAW 1 235 NORTH HARBOR BOULEVARD, SUITE 200 FULLERTON, CALIFORNIA 92832 LANosuoE, EARTH MOVEMENT AND RELATED CONSTRUCTON DEFECT MATTERS July 24, 1997 Public Works Committee City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Re: Section 5 Sewage Pump Station Dear Members, Public Works Committee: TELEPHONE (7 14) 871 -1 132 TELECORER (7 14) 871 -5520 I am writing to you on behalf of five citizens of Little Balboa Island that have retained this firm. I understand that the concerns of our five clients are shared by almost one hundred other citizens that would be affected by the proposed relocation of the Section 5 Sewage Pump Station from its present site in the alley behind South Bayfront to a proposed site on the easterly end of Park Avenue. My clients and their neighbors adamantly oppose the proposed relocation to Park Avenue. For Mr. Friend and myself, it is a unique and refreshing experience to be brought in before any damage is done. Our normal function is to obtain compensation for people that are damaged by construction projects. It is hoped that an open exchange of information and an engineering "second look" at the proposed project will preclude our having to do what we usually are retained to do. We further hope that a "second look" will result in the saving of hundreds of thousands of dollars and minimize what would otherwise be nine months of major construction disruption to the citizens of Little Balboa Island. Upon receiving and reviewing a document package purchased from the City of Newport Beach, we retained Wexco International Corporation as our advisors to review the written materials. Of particular concern to us, on behalf of our clients, is the significant potential for damage to adjacent structures discussed in the Ninyo & Moore Geotechnical Evaluation Report, and our own extensive experience with construction projects that require 25'+ excavations in proximity to residential structures in sandy, alluvial soils underlain by Monterey Formation and with high groundwater tables, i.e., the Santa Ana River Project, where we represented 34 separate homeowners in state and federal court actions against the County of Orange and the U.S. Army Corps of Engineers. Public Works Committee July 24, 1997 Page 2 Before committing to a $2+ million dollar project — that does not increase the output capacity of the present pump station — but adds a 5,480 cubic foot emergency overflow sewage vault under Park Avenue, it is imperative that all alternatives that may be less disruptive and/or more cost effective be identified, evaluated, compared against the Park Avenue relocation, and affirmatively eliminated for rational engineering and cost reasons. We believe that a much less costly and disruptive project can be engineered that will accomplish the same sewage pumping function as the proposed relocation. What do my clients want from the Public Works Committee? They do not believe that the staff decision to go with the most technically difficult, most expensive, most citizen disruptive and highest potentially residential property damaging alternative contained in the October, 1996, AKM Consulting Engineers' report is an astute decision. They request the Public Works Committee to direct staff to have further outside engineering study performed that focuses on the following issues: I. Can the existing pumps be replaced, and 2. The existing facility refurbished? 3. What are all the alternative technical solutions available to address the issue of a power failure? 1 • A. A big overflow tank, B. A back -up generator in a vault, C. A further (portable) back -up generator located at the firehouse, D. Other? If a 5,480 cubic foot overflow tank is preferable to back -up generators, where is the most cost efficient location? A. At the end of Park Avenue; B. At the end of Jade; C. Under the alley; D. Under a park (in property condemned for the combined purposes of putting in the overflow tank and creating a neighborhood park on Little Balboa Island); or E. Other. 5. Clearly set forth the best case and worst case scenarios of all viable alternatives, and rate the technically feasible alternatives for the following factors: A. Reliability against a sewage spill; B. Dollar cost of construction (including adequate budget for protective • Public Works Committee July 24, 1997 Page 3 measures); C. Neighborhood impact; D. Potential inverse condemnation damages; and E. Responsiveness to citizen concerns. The AKM Consulting Engineers' report clearly states: "An additional alternative is to provide a permanent generator without the emergency storage at either Site 1 or Site 2. The cost of the alternative is estimated at $1,339,650.00 vs. the $2,023,676 alternative selected by staff.. Common sense dictates thoroughly evaluating the same permanent generator approach for the existing location, and for Site 3, to avoid running two new pipelines back and forth on Jade, with consequent significant cost savings and minimization of neighborhood adverse impacts. The concerned citizens will, out of their own pocket, pay Wexco International Corporation to act as advisor to the engineering firm selected by the City, to provide its technical expertise in their disciplines, which include construction management, construction cost engineering and construction value engineering. We do not posture that "nimbyism" has not been the motivation for the homeowners to put up their own cash to question the merit of the proposed relocation, and to shed light on the • possibility of technically feasible and potentially more cost effective alternatives. We can only implore that non - technical, irrelevant scapegoat reasons (such as "nimbyism ", moment of inert support of staff decisions, and the "not invented here" syndrome) are not advanced as a response to the real merit of the questions raised. This is a sincere effort by the affected citizens of Little Balboa Island to find a better way! Very truly yours, � Warren B. Wimer Encl: WEXCO INTERNATIONAL CORPORATION, Preliminary Report of Findings cc: Steve Bromberg, President, Little Balboa Property Owners Association Kevin Murphy, City Manager A, I N T E R N A T 1 0 N A L CORPORATION 5, � 1969 Construction Consulting, Management, Safety & Engineering July 23, 1997 SENT VIA FEDERAL EXPRESS OVERNIGHT Warren B. Winter, Esq. WARREN B. WIMER AND ASSOCIATES 1235 N. Harbor Blvd., Suite 200 Fullerton, California 92632 RE: SECTION 5 SEWAGE PUMP STATION Preliminary Report of Findings Dear Mr. Wimer: • As requested, WEXCO has conducted a preliminary evaluation of the proposed Section 5 Sewage Pump • Station project on Balboa Island. WEXCO was asked to review data relating to the project, and provide our preliminary opinions about the feasibility of the project from both an engineering and economic perspective. The following report is organized as follows: Section 1 Identifying the data the WEXCO relied upon in conducting its preliminary evaluation Section 2 Summarizing WEXCO's understanding of the project requirements Section 3 Providing WEXCO's preliminary analysis of the project Section 4 Providing WEXCO's preliminary conclusions In overview, WEXCO found that the choice of the City of Newport Beach to install a new Section 5 Sewer Pump Station in the street on Park Avenue (East of Jade Avenue), appears not to be the most economical or practical/feasible solution to take the place of the existing Section 5 Sewer Pump Station located in the South Bay Front alley. The following report will provide the basis for our preliminary conclusions, and identify the additional analyses WEXCO recommends be conducted to completely evaluate the City's options for the Sewer Pump Station project. (continued) • _ 3226 Thatcher Avenue, Marina del Rey, CA 90292 • (310) 306 - 3877_• Fax: (310) 306 -7480 _ _ San cisco Fran —(4-15-)-2-8-13-8-77- •California (800) 559 -3877 •San Diego (G 19) 234 -3577 • u • Warren B. Wimer, Esq. SECTION 5 SEWAGE PU& STATION Preliminary Report of Finding July 23, 1997 Page -2- I. DATA REVIEWED BY JVEXCO The following data was reviewed by WEXCO and provides a basis for preliminary conclusions drawn by WEXCO in subsequent Sections of this Report: 1. October 1996, AKM Consulting Engineers Preliminary Design Report for Section 5 Sewage Pump Station 2. February 28, 1997, Ninyo & Moore Geotechnical Evaluation Report 3. Draft copy of Notice Inviting Bids and Technical Specifications 4. February 16, 1993, November 15, 1995, and March 25, 1996, City Council Staff Reports, minutes included 5. September 8, 1995, January 20, 1997, and May 27, 1997 Utilities /Public Works Committee Reports 6. February 12, 1997, California Coastal Commission submittal 7. April 16, 1997, Notice of Intent to Issue Permit 8. Notice of April 7, 1997, Public Meeting 9. Response letter to Dotty Lewis dated April 10, 1997 10. Request for information letter dated June 2, 1997, from Warren Wimer 11. Site inspections (continued) Warren B. Wimer, Esq. SECTION 5 SEWAGE AP STATION Preliminary Report of Findings July 23, 1997 Page -3- z SUMMARY OF WEXCO's UNDERSTANDING OF KEY PROJECT REQUIREMENTS Based on WEXCO's review of the documents listed in Section 2 above, it is our understanding that: a. The new proposed pumping station will have the same pumping capacity as the existing station (850 gpm). b. The new proposed pumping station will have a wet well capacity of 41,400 gallons. The existing station has a wet well capacity of 537 gallons. The rationale for the increased storage capacity in the new proposed station is to allow (approximately) one (1) hour interruption of pump operations as the response time for the City to get to the pumping station and hook up a portable generator and pump in the event of a power outage, and have the capacity to allow sewage to collect in the expanded wet well space for up to that one (1) hour of time. C. The new proposed pumping station will require several hundred feet of new pipe to be installed in the street to connect the new station to the existing station. d. The preliminary estimated construction cost for the new proposed pumping station is approximately $1.7 million (per AKM 10/96 Preliminary Design Report). The construction cost does not include the costs associated with moving residents and paying for comparable housing, and then for repairing damages to • the multiple properties and structures adjacent to proposed construction areas. These costs are currently unknown, yet highly likely to be incurred due to the nature and difficulty of a large excavation project in close proximity to existing structures (reference Ninyo & Moore Report, Section 9). The costs could range from tens of thousands to millions of dollars in repair work (if the excavation, dewatering, pile driving and/or lateral support loss causes settlements). (continued) E E Warren B. Wimer, Esq. SECTION 5 SEWAGE PUM STATION , Preliminary Report of Findings July 23, 1997 Page -4- 3. SUMMARY OF IVEXCO's PRELIMINARYANALYSIS In reviewing the data listed in Section I of this Report, WEXCO did not find substantive evidence that a Value Engineering study or Benefit/Risk Cost analysis was conducted when choosing the location of the project, and the scope of work of the project. There are many considerations that must be investigated when determining the feasibility of the subject project, including, but not limited to: The project must meet the engineering needs of pumping sewage from the island The project must be cost effective in both the short and long term The risks of damages to adjacent properties and structures during the construction phase are minimized (and therefore the costs associated with repairing damaged areas are minimized) 4. The project impacts the fewest number of people during the construction phase It appears that the current proposed project addresses the first project requirement, but does not seem to be cost effective, or reflect the best choice to meet all of the project requirements. There are several alternatives that do not appear to have been adequately considered that can meet the • criteria noted above. In terms of alternatives, not enough data has been developed by the City to make specific recommendations. Several examples of alternatives and questions that need to be explored include: Why is the existing station, which has operated without incident since 1948, being discarded without a study of the feasibility of refurbishing the system in place? Would the cost of refurbishing and upgrading the current system be significantly less than a new system constructed in a different location (which adds significant risk and potential for costs associated with adjacent structures that are damaged)? Why has the option of a permanent generator not been examined and compared with the option of constructing a massive underground vault immediately adjacent to a densely populated area? Why can a portable generator not be hooked up to the sewer in a matter of several minutes (e.g., generator stored at a fire station in close proximity)? (continued) L J Warren B. Wimer, Es SECTION 5 SEWAGE &P STATION , Preliminary Report of Findings July 23, 1997 Page -5- • WEXCO's preliminary analysis of the project options and alternatives indicates that the new proposed station has several risks that do not appear to have been economically accounted for prior to the project being implemented. Some of the risks of the proposed project location and scope include: • The new proposed station impacts dozens of properties including: • • Properties along Jade Avenue to the South of Park Avenue • Properties on Park Avenue from Jade Avenue to the East Sea Wall • Properties adjacent to the existing station in South Bay Front Alley • The impacts to the adjacent properties include both the restriction of access problems during construction, and the high likelihood that the proposed construction work will cause physical damages to the adjacent properties. • Constructing anew facility on an area with known liquefaction potential The above risks not only impact a large number of people, but may be realized in tens of thousands to millions of dollars in damage claims both during and after construction. Further, there is reason to believe that other engineering solutions could significantly increase the functionality, reliability, and safety of the overall sewage pump system when compared with the • proposed system. (continued) • E • TO: FROM: 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PUBLIC WORKS COMMITTEE PUBLIC WORKS DEPARTMENT • Supplemental Information Agenda Item No, 7 July 28, 1997 SUBJECT: UPDATE ON LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT SUPPLEMENTAL INFORMATION Why a pump station is being constructed at a new location: General: 1. To provide increased storage capacity to allow longer response time before overflow. 2. Better site access. 3. Longer pump life and less pump maintenance. 4. Better ability to replace pumps when they fail. 5. Safer station. 6. Reduce impacts if the force main were to break. Construction reasons to select the Park Avenue site: 1. The greatest separation between the excavation and private property. 2. More circulation flexibility during construction. 3. A larger area is available for construction activities. 4. 30 foot shorter sheet piling is needed. 5. Less impact on the existing station during construction and more convenient switch over. 6. The depth of excavation at the Park Avenue site is roughly the same as at any other site with the same capacity. The following page gives a little more explanation for each of these items. 0 Why a pump station is being constructed at a new location: General: iSupplemental Information Agenda Item No. 7 July 28, 1997, Page 2 1. To provide increased storage prior to surcharging the sewer system. The proposed design increases capacity from 1500 gal. to approximately 41,000 gals. This increases peak flow storage from 2 minutes to almost an hour and average flow storage from 4 minutes to almost 2 hours. 2. To allow maintenance vehicles better site access both for routine service visits and for emergency situations. 3. The larger wet well will allow the pumps to go on and off fewer times per hour which will increase their life and reduce maintenance time. 4. In case of a pump failure due to mechanical reasons, the new facility will allow for rapid replacement from the street surface without laving to enter a confined space. 5. The new station will be safer to operate because it will be constructed to current day standards that provide more working space instead of 50 year old equipment and vaults that are badly deteriorated in an undersized facility. 6. If the force main were to break the added storage capacity will allow the City's two Vactor units to remove sewage until a back up system can be implemented. Construction reasons to select the Park Avenue site: 1. The structure is a greater distance from the nearest property line wall or fence - 16 feet. In Jade Street it would be 6 feet and this structure could not be constructed in the alley where the existing station is located. 2. The Park Avenue site gives more flexibility in providing circulation in the area during construction. 3. A larger area is available for construction acfvities. 4. If sheet piling is used during the excavation process, the Park Avenue site has a 35 foot depth to bedrock and the Jade Street site has a 65 foot depth. The shallower depth greatly reduces the construction impact. 5. The pump station can be constructed at the Park Avenue site without affecting the operation of the existing station and the existing station can be abandoned more easily when the change over occurs. 6. Any pump station constructed that would provide the increased storage capacity that is desired would require an excavation of at least 18 to 20 feet no matter where it is constructed. Respectful) Submitted, H,� Oww"m PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR • • • • Supplemental Information Agenda Item No. 7 July 28, 1997 • CITY OF NEWPORT BEACH PUBUC WORKS DEPARTMENT TO: PUBLIC WORKS COMMITTEE FROM: PUBLIC WORKS DEPARTMENT SUBJECT: UPDATE ON LITTLE BALBOA ISLAND PUMP STATION REPLACEMENT SUPPLEMENTAL INFORMATION Why a pump station is being constructed nt a new location: General: 1. To provide increased storage capacity to allow longer response time before over flow. 2. Better site access. 3. Longer pump life and less pump maintenance. • 4. Better ability to replace pumps when they fail. S. Safer station. 6. Reduce impacts if the force main were to break. Construction reasons to select the Park Avenue site: 1. The greatest separation between the excavation and private property. 2. More circulation flexibility during construction. 3. A larger area is available for construction activities. 4. 30 foot shorter sheet piling is needed. 5. Less impact on the existing station during construction and more convenient switch over. 6. The depth of excavation at the Park Avenue site is roughly the same as at any other site with the same capacity. The following page gives a little more explanation for each of these items. • Exhibit C • Why a pump station is being constructed at a new location: General: • Supplemental Information Agenda Item No. 7 July 28, 1997, Page 2 1. To provide increased storage prior to surc-iarging the sewer system. The proposed design increases capacity from 1500 gal. tc approximately 41,000 gals. This increases peak flow storage from 2 minutes to almost an hour and average flow storage from 4 minutes to almost 2 hours. 2. To allow maintenance vehicles better site access both for routine service visits and for emergency situations. 3. The larger wet well will allow the pumps to co on and off fewer times per hour which will increase their life and reduce maintenance time. 4. In case of a pump failure due to mechanical reasons, the new facility will allow for rapid replacement from the street surface without having to enter a confined space. 5. The new station will be safer to operate because it will be constructed to current day standards that provide more working space Instead of 50 year old equipment and vaults that are badly deteriorated in an undersized facility. 6. If the force main were to break the added storage capacity will allow the City's two Vactor units to remove sewage until a back up system can be implemented. u Construction reasons to select the Park Avenue site: 1. The structure is a greater distance from the nearest property line wall or fence - 16 feet. • In Jade Street it would be 6 feet and this structure could not be constructed in the alley where the existing station is located. 2. The Park Avenue site gives more flexibility in providing circulation in the area during construction. 3. A larger area is available for construction activities. 4. If sheet piling is used during the excavation process, the Park Avenue site has a 35 foot depth to bedrock and the Jade Street site has a 65 foot depth. The shallower depth greatly reduces the construction impact. 5. The pump station can be constructed at the Park Avenue site without affecting the operation of the existing station and the existing station can be abandoned more easily when the change over occurs. 6. Any pump station constructed that would provide the increased storage capacity that is desired would require an excavation of at least 18 to 20 feet no matter where it is constructed. Respectful) Submitted, H-/� aw • PUBLIC WORKS DEPARTMENT DON WEBB, DIRECTOR 0 Dottie Lewis 127 East Bay Front Balboa Island, CA 92662 August 18, 1997 Dear Council Members, AUG 2 0 1997 You may note that the August 14, 1997 Public Works Comittee meeting had a rather extensive package about the dangers of the new enlarged plan for the 95 sewer pumping station. The recoirunendation ended with a letter signed by James, Ted (Monroe) and signatures of 21 residents, 6 of whom signed my petition also. (Confused ?) • I asked Jan Debay, Mayor of Newport Beach, why my correspondence was not included and not attached. When she asked Don Webb of Public Works, he had no answer. Perhaps because I want a scaled down or relocated project, lie ignored my package. Please be fair. Here is my second petition and plan. My first was submitted March 26, 1997. Sincere ours, Dottie Lewis 0 only l Pa-9e o� SigNa,}uxes, tS at t�v c tnecl . a towel �Zv� S f q �R&*LA-vL'S � Exhibit D 0 / • 0 t, /V CITY OF NEWPORT BEACH: MAYOR JAN DE BAY • CITY COUNCIL MEMBERS and DEPARTMENT OF PUBLIC WORKS CALIFORNIA COASTAL COMMISSION' SIRS AND MADAMS: BECAUSE THE APPROXIMITE 1459 LOTS ON BILBOA ISLAND HAVE ALREADY BENN "BUILT OUT "..-WE THE UNDERSIGNED PROPERTY OWNERS DO NOT WANT 1 SURER SIZED PUMPING STATION LOCATED AT EAST BAY FRONT AND PARK AVENUE.THE PROPOSED NUMBER 5 STATION AND WET WELL FAR EXCEED THE NEEDS OF THE ISLAND. WE CAN' "NOT GROW"IND DO NOT NEED PROJECTIONS FIFTY YEARS DOWN THE LINE. TaE PRESENT LOGATION CAN BE LENGTHEND, ENLARGED OR RE' OR"0. WITH ALL THE NEW "HI #TECH" PUMPS AND EQUIPMENT AVAILIBLE THIS IS A REALITY THAT COULD WORK. IF THE PLAN IS TO HAVE A HUGE PROJECT WE HAVE SUGGESTED THAT THE— LOT AT 106 JADE BE PURCHASED FOR THE PUMPING STATION AND THEN CONVERTED TO A PARK FOR LITTLE ISLAND RESIDENTS.' USE. IT COULD VERY EASILY ADJOIN: THE EXISTING SEWER STITION.- BELOjr ARE PROPERTY OWNERS SIGNING THIS PETITION. .. Id.uz ADDRESS ��Wv✓S 1 • it � - /� � I• ,�. r r • 1 1�/Li.�rl I•Yr/4.��� k James E. Munroe • 1810 south Bad Front • Balboa Island, Caldornia 926G2 • (714) 67 3-6497 July 31, 1997 City Council City of Newport Beach Attention: Mayor Jan Debay Subject: Little Balboa Island Sewer Pump Station Replacement This letter is written in support of the Public Works Department plan for the replacement of the aging Section 5 Sewage Pump Station with a modem pumping station at the end of Park Avenue with significant increases in size of the wetwell and drywell capacities. The increased capacities will provide a one a hour holding period before an ugly overflow might occur that could be caused by a power outage, pump malfunction, or even an extended maintenance period. It appears that due to the restrictions in space available on Park Avenue, the one hour storage volume is a maximum practical time though the general rule for sewage pump stations is two hours. Thus the one hour capacity is the best that we can practically have • The letter to the City of Newport Beach from the AKM Consulting Engineers dated July 25, 1997 summarizes with a great deal of logic the large volume of study and thought that has already gone into the project, and the recommendations appear sound. There have been some opinions bought up that a different location near the end of Jade street be reconsidered by condemning some private property to serve as the increased area required to obtain the wetwell one hour storage. The suggestion has been made that this lot when completed as the wetwell area could be made into a good public park area Not only does it appear that the condemnation would be difficult, but in a realistic light a small park at this location in a confined residential area would not appear to be an asset to the BIIA community. The cost of its maintenance, the policing and controlling of its uses, and the problem of maintaining cleanliness would soon eliminate any value that could be offered. Perhaps it is worth finally adding that the cost of considering a third redesign of the station will be a substantial cost to the City, and further returns by way of improvements in the design concept or location seem highly unlikely and would not justify this cost. Please give this matter your utmost attention. 3/6 S cerely, • James E. Munroe Exhibit .E James E. Munroe 1810 South Flry Front • Uboa Island, Caf arnia 92662 • (714) 6716497 • / August 4, 1997 My signature below indicates my support of the letter written to members of the Newport Beach City Council by James E. Munroe a copy of which is attached to this letter. • • 0 a n i �1I Vi Y V O N UI 11 in m m m w r- a 0 D Y V W_ iV W_ F O y J_ <I O u w��rom m W O! 2 O a- w °- Z o LL N i O Y O i U U i m m D M m �w IZ a H ° U W F W U J O Z 0 (� O F- W p Exhibit F Z D O a r z r z 0 0 a r Z 7 w 0 0 0 0 0 0 0 0 0 0 io m P 0 0 �n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 w r 0 0 0 0 0 0 0 0 0 o m ry n m o O O O m m m O O O o 0 0 0 0 0 0 0 0 0 0 o N O M N n P O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A $ O P t0 O O m N m O N O N N N n b m m 1p tD N n O m O O N z O t7 N 5 H O J o 0 0 0 0 0 0 0 0 0� N N 0 0 b � 0 0 0 0 0 0 0 0 0 0�o 0 0 0 0 0 0 0 0 0 0 0 0 0 o o m m 'o ..... 0 ... o p 0 0 0 0 0 a z N Q m O O n N Lrl M m r O b O O 0 � N " T - w . H w - w vl P b P P z a 00000000000000000000000000000000 r o 0 0 w 0 0 0o 0 0 0 0 o 0 o 0 o 0 0 b w m o N 0 O O o 0 0 0 0 O o 0 o 0 0 0 0 0 0 0 0 0 0 ODO Ol w N Vl N N O m m M m m 0 O 0 O 0 ✓1 N P 0 0 Vl 0 m 0 1p 0 O 0 T 0 M. 0 m 0 O 0 b 0 w 0 A 0 N h - 0 l0 w H w P N m Q N 1!i w N P w m w 1p N w w w w O Q m n N h �« r a H m 2 H O U O 2 O O O O O O O O O O O O O O O O O O O O O O w ry 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O p 0 0 0 0 0 0 O_ 0 0 0 0 b b 0 0 0 0 3 O M Ol m O N t0 A b w H H w H H w w w w N w H w w H J m 0 0 0 0 0 0 0 0 w � m w 0 m v o O o T o w o 0 o o 0 o 0 0 m y C) 0H O w tH m Q i Oµ m O O A O O w0 w 0 0 0 0 0 0 0 m O V O = N m b vl M b N m t0 b O w w � O A c N N N a « N w w w w H w w w v m 0 0 0 0 0 m M=_ O O O P W N A m P b m m w P P O A O m 0 0 0 0 0 0 0 . J J J J J J J J J J J J J J J J J J } J J J J J J J J J J J J J F z ^ O N Q N m � m w O N o v 3 m o 3 Q v� ' v', � Q y p = ry � � �, @� •• � 3 a`r ' Sa � in a m w �j a_°i a a « � LL � a v a E "> v m> m m >> c y ° C° o c> H w LL 3 c[ a 7 c 3 c vi n U E E m� m 0 a c N° w °° n U n q? m LL E E 3 u wO o o a° E E A E x c t� i9 �n o °1 i c� 3 o 5 Dc A w M E W m o v v v x 3 A a D o? « ry u U w M u d� �^ p b E a .a D _ f `m G c E E « :: « « ;: « « n \� p \� _b' V° p D 0 4--s; � Exhibit F PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) PUMP STATION REPLACEMENT THIS AGREEMENT, entered into this day of September, 1997, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and DANIEL BOYLE ENGINEERING, INC., a California Corporation whose address is 23231 South Pointe Drive, Suite 103, Laguna Hills, California, 92653, (hereinafter referred to as "Consultant'), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under lJ the laws of the State of California with the power to carry on its business • as it is now being conducted under the statutes of the State of California and the Charter of the City. B. City is planning to commence construction of a sewer pump station replacement on Little Balboa Island ('Project'). C. City desires to engage Consultant to provide construction management services during construction of the pump station, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of this Project are Daniel B. Boyle, P.E. and Robert J. Ohlund, P.E. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to contract with Consultant under the terms of conditions provided in this Agreement. • Exhibit G • Professional Services Agreement for Ceruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 2 • NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the _ day of September 1997, and shall terminate in June 1998, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" attached hereto and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section, and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of the City. Consultant's compensation for • all work performed in accordance with this Agreement shall not exceed the total contract price of One hundred seventy -seven thousand, nine hundred twelve dollars ($177,912). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis. 3.2 Consultant shall submit monthly invoices to City payable within thirty (30) days of receipt of invoice subject to the approval of the Project Administrator and based upon the following payment schedule as stated in Exhibit "B ". 3.3 Consultant shall not receive any compensation for extra work without prior written authorization City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". • • Professional Services Agreement fdonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 3 3.4 City shall reimburse Consultant only for those costs or expenses which • have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under • this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. • • Professional Services Agreement for Coruction Management Services for the Little Balboa Island (Section S) Pump Station Replacement Page 4 • 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of and shall not be responsible for the project's design, the City's project contractor (hereinafter referred to as "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant • shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of the City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the details in means of performing the work provided that Consultant is in • compliance with the terms of this Agreement. Anything in this Agreement which may • Professional Services Agreement forskstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 5 appear to give City the right to direct Consultant as to the details of the performance of • the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 7. PROJECT MANAGER Consultant shall assign the Project to a Project Manager, who shall coordinate all phases of the Project. This Project Manager shal be available to City at all reasonable times during the Project term. Consultant has designated Robert J. Ohlund, P.E., to be its Project Manager. Consultant shall not bill any personnel to the Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant • shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of the City. Consultant warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Professional Services Agreement for Ceruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 6 • 8. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 9. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 10. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. • 11. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement. This indemnity shall apply even in the event of negligence (active or passive) of City, or its employees, or other contractors, excepting only the sole negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award • of attorneys' fees in any action on or to enforce the terms of this Agreement. Professional Services Agreement foenstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 7 12. INSURANCE . Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by the City Risk Manager. • A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. • • Professional Services Agreement for Aruction Management Services for the Little Balboa Island (Section S) Pump Station Replacement Page 8 • Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give to City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, 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. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the • corporation, partnership or joint-venture. Professional Services Agreement foastruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 9 14. OWNERSHIP OF DOCUMENTS • Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish • reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 16. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such is Professional Services Agreement for t *truction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 10 • materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 17. ADMINISTRATION This Agreement will be administered by the Publics Work Department. Michael J. Sinacori, P.E. shall be considered the Project Administrator and shall have the authority act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. • 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 19. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a . failure to pay according to the terms of this Agreement. Consultant shall not 0 Professional Services Agreement foenstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 11 discontinue work for a period of thirty (30) days from the date of withholding as a result • of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 21. CONFLICTS OF INTEREST A. The Consultant or its employees rray be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed urder this Agreement, and (2) prohibits • such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 22. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. • Professional Services Agreement for Construction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 12 is 23. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Michael J. Sinacori, P.E. City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (714) 644 -3342 Fax 644 -3308 All notices, demands, requests or approvals from City to Consultant shall be • addressed to Consultant at: Attention: Daniel B. Boyle, P.E. Daniel Boyle Engineering, Inc. 23231 South Pointe Drive, Suite 103 Laguna Hills, CA 92653 Telephone (714) 768 -2600 Fax (714) 586 -5188 24. TERMINATION In the event either party hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such • Professional Services Agreement fAnstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 13 default, the nondefaulting party may terminate the Agreement forthwith by giving to the • defaulting party written notice thereof. 24.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to the Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 25. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 26. WAIVER A waiver by either party 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 • a different character. 27. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. • Professional Services Agreement for Atruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 14 • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: L J LaVonne Harkless City Clerk Address and Telephone: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 (714) 644 -3311 (714) 644 -3308 FAX City of Newport Beach a municipal corporation Jan Debay, Mayor City of Newport Beach Daniel Boyle Engineering, Inc. a California Corporation Daniel Boyle President Daniel Boyle Engineering, Inc. 23231 South Point Drive, Suite 103 Laguna Hills, CA 92653 (714) 768 -2600 (714) 586 -5188 • • EXHIBIT A SCOPE OF SERVICES • CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) SEWER PUMP STATION REPLACEMENT The Consultant shall be responsible for complete construction management services relative to the construction of the previously described project component. The Consultant shall provide a project manager /engineer to oversee the project at the job site throughout the duration of the construction. The City anticipates the project will take eight (8) months to complete. The minimum scope of work and primary tasks required for this project are as follows: I. PRECONSTRUCTION SERVICES A. Startup Field Office The City will provide a field office in a construction trailer located near the site. Office* furniture, equipment, telephone and electrical services will be provided by the consultant. The construction manager will return the trailer in good condition. If the trailer is damaged or destroyed during construction, it will be the responsibility of the construction manager to replace all damaged or destroyed items to the satisfaction of the City. B. Establish Computer Based Communications The City will provide the construction manager with access to a computer tied to the City's computer network. 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. C. Pre - Construction Meeting Work with the City's project manager to coordinate, schedule and conduct the pre - construction meeting. E Wit "A: Professional Services Agreement. for *truction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 2 • 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 Engineer either by voice main, e -mail or daily construction reports. 2. Log and track all shop drawing submittals with respect to the City, design consultant and the contractor. 3. Observe all construction and coordinate observation of specialty construction in accordance with the project plans and specifications. 4. Observe all major materials deliveries to the site 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. Record by video tape and photography all private and public owned improvements in the field and collect other field data (specify in the proposal) as required to adequately document before, during and after construction conditions. Each home • within 500 feet of the project site will be video taped by the City's Risk Management Division. A representative of the construction manager will be present during the home survey. 7. 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. 8. Conduct weekly project meetings, including scheduling and documenting weekly meetings with the contractor, City and design consultants to discuss project progress and intended progress for the coming week. 9. Coordinate construction survey, contractor's survey requests, and track and schedule construction surveying. Monitor survey provided to the contractor and notify the contractor in writing of requests for restaking which will be the contractor's financial responsibility. Provide an option for the construction manager to provide survey service. • Ohibit "A: Professional Services Agreement. foonstruction Management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 3 10. Coordinate construction activities with local residences, including attending* partnering meetings with the City, design consultant and local residences regarding construction activities related to the Section 5 Sewage Pump Station. Monthly meetings will be held with the residential partners. The construction manager shall chair these monthly meetings and other required residential partnering meetings. In addition, the local homeowners association publishes a monthly newsletter. It will be the construction manager's responsibility to write a monthly update article to be included in the monthly newsletter. 11. Coordinate with the City of Newport Beach Building Department inspection staff and specialty inspectors, coordinate contractor's inspection requests, track, schedule and monitor all inspections. 12. Coordinate soils compaction testing, coordinate contractor's compaction test requests, track, schedule and monitor soils compaction testing. 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 design consultant on all technical matters. Review change orders for merit, prepare change orders for City review and approval, and0 apprise the City of the cumulative effect of the change orders and time extensions. 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. Monitor and review 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. Notify the City and the contractor of actual or potential deviations from the most recently- approved schedule. Pro - actively work with the contractor and the City to identify possible schedule setbacks. 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; and make appropriate recommendations to the City on payment issues. Provide a summary report of work performed during each payment period. • Epit "A: Professional Services Agreement. for Auction management Services for the Little Balboa Island (Section 5) Pump Station Replacement Page 4 • 17. Provide document control including processing and filing all project correspondence and documents, drawings, etc., in accord with the procedures manual. 18. Monitor the contractor's safety program including observing the implementation of the contractor's safety program and report observed deviations from this 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 his own employees. The construction manager will not be required to work or inspect any of the contractor's 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. III. PROJECT CLOSE OUT A. Coordinate with City staff, design consultants and the 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 a punch list of deficiencies and follow -ups. 3. Observe the contractor's successful completion of all work required by the punch list. 4. The construction manager shall maintain a record of all changes made during construction, and periodically (at least monthly) review the contractor's records to assure the contractor keeps a record of changes in accord with the specifications. 5. Obtain the contractor's records of changes during construction (as- builts). 6. Coordinate the production of record drawings with the design consultants. Review all completed record drawings and make recommendations to the City on acceptance. 7. Witness and document delivery of all spare parts and similar items from the contractor to the City as required by the contract documents. 8. Obtain from the contractor any written documents required by the contract for • project close -out. Oxhibit "A: Professional Services Agreement. f000nstruction Management Services for the Little Balboa Island (Section 5) Pu nip Station Replacement Page 5 9. Deliver all project records to the City in accord with the procedures manual at tho end of the project. 10. Remove all equipment and items belonging to the construction manager from the field office. t� J • 1► EXHIBIT B COMPENSATION SCHEDULE CONSTRUCTION MANAGEMENT SERVICES FOR THE LITTLE BALBOA ISLAND (SECTION 5) SEWER PUMP STATION REPLACEMENT A. In consideration of the specified services, the City hereby agrees to compensate Consultant on an hourly basis as set forth below in the Payment & Fee Schedule. In no event shall compensation be greater than the amount of One hundred seventy -seven thousand, nine hundred twelve dollars ($177,912), Inclusive of the subcontract services and mark -up defined herein, except as otherwise provided for herein below: B. Fee Schedule personnel hourly rates Construction Manager ................... ............................... $ 110.00 Assistant Construction Manager ... ............................... 79.00 Construction Representative ......... ............................... 62.00 Technical /Administrative Support .. ............................... 58.00 • 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 Administrator for the City. D. Included in the not -to- exceed fee, the City agrees to reimburse Consultant for the actual cost (plus 10 %) not to exceed $11,300.00 for all outside expenses including: reproduction for copies of plans, reports and related documents; material costs authorized in advance by the Project Administrator for the City; and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. 1. Consultant shall provide written records (originals) of all expenses incurred and shall report all hours expended in the performance of his duties and tasks on a monthly basis. The City agrees to pay Consultant within thirty (30) calendar days of receipt of said records and summary. 2. 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 • shall be paid on the "Fee Schedule" herein above. 9 • RECEIVED /, %/'Tf, /'/�f1ff�Of1ISZ"/) '97 SEP 19 All :09 /' / ?0 /ff ?TY 0#M 5 A5( SOU NIV P.O. BOX 74 OFFICE OF THE CITY CLERK BALBOA ISLAND, CALIFORNIA 92662 CITY OFS��tPeWelfAid, 1997 Jan Debay, Mayor Tom Edwards, Mayor Pro Tem Norma'Glover, City Council Member John Hedges, City Council Member Dennis O'Neal, City Council Member John Noyes, City Council Member Tom Thompson, City Council Member Re: Sewage Pump Station Number 5 Little Balboa Island Agendized for October 27, 1997 CCP:ES S 'NTT": Ut4ayor 2<.,undlmen 0lanager ❑ Plomey 0 22!43. Mr. C G •nSery Dir. ❑ ".&RDir. C Oir Dear Mayor Debay, Mayor Pro Tem Edwards and Members of the City Council: At the September 8, 1997, City Council Meeting, Public Works Director Don Webb and Utilities Engineer Michael Sinacori, • recommended the construction of the pump station at the proposed location which is on Park Avenue between Jade and East Bay Front. After many months of studies and compiling a voluminous amount of information, the City Council nevertheless chose to yet take on another study to determine the feasibility of constructing or replacing a pump station in the alley at Jade and East Bay Front which is the location of the present pump station. This vote was taken after your expert, Mr. Webb, stated that, for numerous reasons indicated, a pump station at that location simply was not feasible. At the LBIPOA Board of Directors Meeting which was held on September 10, 1997, this issue was discussed, once again, in great detail and the Board requested that a letter be forwarded to your attention, so there is no misunderstanding as to the Board's concerns and expectations. In November 1996, when we first met with Mr. Sinacori, it was made very clear to us that neither the Board of Directors nor the residents would choose the location for the pump station, however, our input was most definitely sought. After numerous meetings and consultations with Mr. Sinacori and Zeki Kayiran of AKM Consulting Engineers, our 12 member Board, by way of a straw vote, voted 11 in favor of the pump station being placed at the proposed location. The one abstention was Dottie Lewis. • 0 September 16, 1997 Page 2 I can represent to you, that our Board members have studied this issue thoroughly. I can assure you that the straw vote decision was based in logic and fact, and nothing else. Public works informed us the alley location was not an option, and we questioned this quite extensively. We can only assume the information we received from Public Works was accurate and straightforward. Subsequently, three additional locations were discussed, and it was determined that the "best of all evils" was the proposed location simply because it would impact the least number of people on Little Island. To place the pump station at the median at Jade and Park, would, as we have been told, cause a good portion of Park Avenue to be closed for the duration of the project. This would not occur, we have been told, if the project goes forward at the proposed location. Personal bias was never a factor. Recently, our Board reviewed proposed alternatives to the proposed plan. As of this date, we have not changed our straw vote position as we have received no information which would cause us to modify the 11 in favor vote. I do not believe it is an unreasonable expectation to request the City Council take a leadership role and make a decision on this . issue based in fact and logic. This does not appear to be a situation wherein a decision should be made on the number of people for or against the project. To that end, we would hope that when this matter is revisited on October 27, 1997, the City Council will determine the following issues: 1. Whether or not a pump station is needed Your Public Works Department, which you have determined to be your expert staff, has stated that for the past number of years, the pump station has been in a state of emergency disrepair and replacement is necessary. We can only hope you will follow your expert's advice in this regard. 2. What type of pump station should be constructed? The documentation we have reviewed reflects that the proposed pump station is absolutely state -of- the -art, and that would seem appropriate. 3. Where and when should the pump station be constructed? Your experts have supplied you with a great deal of information as to where the station should be located and that it should be constructed without delay due to the emergency condition. If the City Council determines the alley is the appropriate location, we would then hope • such decision was again, based in fact and logic. Your 0 0 September 16, 1997 Page 3 city staff's opinion relative to the proposed location would not appear to be constituting the "setting of policy ". The City Council sets policy however, and reasonable minds would suggest that policy should be set based on cogent, factual and logical information supplied to you by those who posses the expertise you do not. 4. Liability Concerns. The Public Works Department has made a record that the pump station, as it presently exists, is in a state of disrepair, and has also informed you of potential problems. The Ci-:y of Newport Beach has been aware of this problem for a number of years and to that end, it is simply not good sense to prolong construction any longer. To do so may well leave the City open to future damage claims should the station back up on Little Island or on Diamond on the Big Island. We would hope the City Council, when making its decision, will recognize that considering the existing pump station was built well over 50 years ago, the new construction should be the best possible pump station available so as to properly provide for Little Balboa Island, Balboa Island and Collins Island. Considering the totality of the issues, the cost of the project, although important, should not be the determinative factor. One of those issues relates to • sewage spill. A sewage spill is unpleasant under any circumstance. Balboa Island, which has the highest population density in Newport Beach, would suffer greatly from such a catastrophe. A great deal of the information you requested on September 8, 1997, could have been made available to you, simply by request, prior to that date. Our entire Board and general populace are hopeful that you will thoroughly review all issues, and make your decision appropriately. Thank you for your courtesies. Very truly yours, A BROMBERG SOB:sd cc: Kevin Murphy, City Manager Don Webb, Public Works Director Robert Burnham, City Attorney Helen Wick, President BIIA Board of Directors LBIPOA • 11 • BALBOA ISLAND IMPROVEMENT ASSOCIATION P.O. BOX 64 BALBOA ISLAND. CALIFORNIA 92662 TELEPHONE (714) 675 -1773 September 16, 1997 Don Webb, Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Webb: Many of the residents on Balboa Island were very disappointed with the results of the vote at the Council meeting of September 8, regarding the Pump Station on Little Balboa Island. This was widely discussed at our September 9 Association meeting. As you well know this is a situation that is only getting worse with time. As this seriously affects the residents of the Big Island also, we feel we should have some say in the project also. We would like to see the City move ahead with this project as soon as possible. The site chosen by Engineers and City Staff, with input from the Little Island Association and many of its residents, seems to be the most practical and safest location. That site being Park Ave. between Jade and E. Bayfront. We realize this will be a long and irritating inconvenience for the folks closest to the site, but the need for the new pump station is imperative. To not do it, with the latest in equipment and technology is not only a waste of time and money, but most un- fair to the residents of Balboa Island, both present and future. Our Island is very special to all of us who live here and we must take care of it in the best way possible. Since,ely, C Oele—nWick, President Balboa Island Improvement Association cc:City Council . City Manager Mike Sinacori Ll AMENDMENT NO. 3 PROFESSIONAL SERVICES AGREEMENT DESIGN SERVICES FOR LITTLE BALBOA ISLAND (SECTION 5) PUMP STATION REPLACEMENT C a`1' THIS AMENDMENT NO. 3 TO CONSULTANT AGREEMENT, made and entered into this D day of 1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AKM CONSULTING ENGINEERS, whose address 101 Pacifica, Suite 150, Irvine, California 92618, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On March 26 1996, a Consultant 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 as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant performed the additional services set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. Services shall include the following: a. Redesigns and responses to RFI's. b. Influent Sewer and Basket Strainer. C. Preparation of As -Built Drawings. 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $12,340.50. 3. The Term of this agreement shall terminate on the 30th day of June 1999, unless terminated earlier as set forth herein. t 0 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. APPROVED AS TO FORM: &U jl-� - City ttorney 0 LaVonne Harkless City Clerk \\mis_l \sys \users \pbw \shared \agmt \99 \akm amendment 3.doc CITY OF NEWPORT BEACH, a municipal corporation BY: Dennis Danner Acting City Manager CONSULTANT BY: nsultant s 0 0 EXHIBIT A ' KM f :I IfJ:.I II 1 INN 1 NI,Ird[ I II', January 8, 1999 City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 -1768 Attention: Mr. Michael J. Sinacori, P.E. AKM Consulting Engineers 'i.: .diP unn'L�6111 I 1.1i/6d Subject: Budget Augmentation for Section 5 Pump Station Construction Support and As -Built Drawing Services Dear Mr. Sinacori: AKM Consulting Engineers completed redesigns and provided construction support services in order to address several issues that developed during the approval of the pumps, and subsequently during the initial operation of the pump station. Brief descriptions of the services provided and their associated costs are as follows: 1. Redesigns and responses to RFI's This work involved redesign of the force main, valve vaults and connections based upon request of the City. AKM responded to BFI's necessitated by the redesigns. The cost for this effort is $4,568.00 2. Influent Sewer and Basket Strainer Because of the noise and odor generated from the sewage dropping into the wet well from a higher than usual elevation, which was necessitated by the requirement to install a basket strainer, the inlet to the wet well had to be modified. Subsequently, we had several discussions with the City regarding the disposition of the basket strainer, and provided recommendations for implementation. The cost for this effort is $3,272.50 3. Preparation of As -Built Drawings The red lined as built drawings that were transmitted to our office contain several items that were not part of the original construction drawings. These include three sheets of drawings from the Southern California Edison Company showing the undergrounded electrical and telephone facilities that need to be transferred onto the construction plans. Our estimate of the additional effort for performing this work is $4,500. i.'.i 0 � Mr. Michael J. Sinacori, P.E. City of Newport Beach January 8, 1999 Page Two We request that the construction support services budget be augmented by $12,340.50 as the work effort described above was outside the scope of our work and could not have been anticipated. If you have any questions or need additional information, please do not hesitate to contact the undersigned. Very truly yours, AKM Consulting Engineers " Zeki Kayiran, P.E. Principal ZK:jt Cc: John Loague Larry Lathrope TS AMENDMENT AMENDMENT NO.2 PROFESSIONAL SERVICES AGREEMENT DESIGN SERVICES FOR LITTLE BALBOA ISLAND (SECTION 5) PUMP STATION REPLACEMENT THIS AMENDMENT NO. 2 TO CONSULTANT AGREEMENT, made and entered into this a ;,J day of VJ ItL.oum, ,1999, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AKM CONSULTING ENGINEERS, whose address 101 Pacifica, Suite 150, Irvine, California 92618, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On March 26 1996, a Consultant 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 as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant performed the additional services set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $18,095.00. 3. The Term of this agreement shall terminate on the 30th day of June 1999, unless terminated earlier as set forth herein. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. ATTEST: LaVonne Harkless City Clerk f: \users \pbw \shared \agmt \99 \akm amendment 2.doc CITY OF NEWP RT BEACH, a muni ' el cor ion } BY: ebb, Public Works Director CONSULTANT BY: ���r �r nsultant =� jo_7 �_KM January 5, 1997 City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Mr. Michael J. Sinacori, P.E. EXHIBIT A AKM Consulting Engineers Subject: Section 5 Sewage Pump Station Construction Services Budget Dear Mr. Sinacori: 101 Pacifica, Suite 150 Irvine.: ahtorroa 42618 .Ill53 -7333 Pax (71,1)753 -7320 Project No. 0310179.20 Pursuant to our previous discussions, the following is a detailed estimate of the anticipated effort to continue engineering support services through the completion of the construction activities. As you know, the budget for engineering support services during construction has been exhausted. The complexity and sensitivity of the project required significantly more effort during the shop drawing phase than could have been envisioned in February 1996, when the budget was established prior to the planning and design of the project. Through December 19, 1997, our expenditures total $15,937. Our budget for the work is $12,536, excluding record drawing preparation ($2,288). The current hours and charges against the project arc summarized below: Budget Actual Task Description Hours Cost Hours Cost 1 Pre - Construction Meeting 8 $852 2 $226 2 Shop Drawing Review 68 $5,072 145 $12,999 3 Conformance Monitoring 80 $6,612 24 $2,712 4 Record Drawings 36 $2,288 0 $0 Totals 192 $14,824 171 $15,937 To date, we have provided the following services: • Reviewed and processed a total of 32 shop drawing submittals, • Responded to four requests for information; • Attended five project meetings; • Attended a pre- construction conference; • Conducted site visits during sheet pile operations. Provided input on contractors stop work order mitigation plan. Xf.tirriISeamn516udget12 -22 Mr. Michael Sinacori • City or Newport Beach December 22, 1997 Page 2 A large amount of time spent on the project is attributable to the processing of the shoring and reinforcing steel shop drawings. Approximately 90 hours, or $8,190 of the budget was used in this effort. Both submittals were profoundly complex and required multiple reviews. The nature of the project required nothing less than the utmost attention and detail be provided during these reviews. To continue services through the completion of construction, we estimate an additional budget of $14,694 will be required. This is broken down as follows: Total Total Item Hours Rate Budget Project Meetings 1 mtg/ wk @ 30 1.5 hrs /mtg 45 $113/hr $5,085 wks Conformance 1 visit/2 wks @ 30 1 hr /visit 15 $113/hr $1,695 Monitoring wks Response to RFI /RFC 10 RFI /RFC Responses Shop Drawing Review Design Modifications South Alley Vault Park Ave. Vault Control Panel Enclosure Totals 3 hrs /response 30 24 8 16 10 158 We are therefore requesting that our construction services budget be increased current budget overrun, and to provide for engineering support services through the We appreciate the opportunity to be of service to the City of Newport Beach. If you information, please feel free to call. Very truly yours, AKM Consulting Engineers -�" 4 x�'-O ono r" John League JL /sn cc: Jaime E. Moreno Zcki Kayiran Eldon Davidson, City of Newport Beach $113/hr $3,390 N� $78 /hr $1,872 $78 /hr $624 $78 /hr $1,248 $78 /hr $780 to address our of construction. require any further r ANtrAgechon51budget /2 -22 ° � KM OCT 2 1 !VY p-1nr. nV =D id ! h J l.. TO: MAYOR AND CITY COUNCIL MEMBERS FROM: PUBLIC WORKS DEPARTMENT C3 o October 27, 1997 City Council Agenda Item No.—LT- SUBJECT: CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACMENT, RECOMMENDATION A. Proceed with Contract award to Advanco Constructors of Upland, California, in accordance with the following 4 recommendations in the September 8, 1997, Council Report: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3. Authorize the Mayor and City Clerk to execute a Professional Services r Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract ` N&,73156 to provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the r -j- Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935� to compensate for additional engineering services to perform extra work 1; `a beyond the original scope of work, for a fee of $56,343. or B. Reject bids and provide direction to staff on the redesign of the project. BACKGROUND At the September 8, 1997 City Council Meeting, staff submitted a report that recommended the award of the construction contract for Little Balboa Island Wastewater Pump Station Replacement - Section 5 (Park Avenue Pump Station) A copy of this staff reporr is attached as Exhibit "H ". The City Cour cil delayed approval of SUBJECT: CONSTRUCTION &HE LITTLE BALBOA ISLAND (SECTION 5) WASOATER PUMP STATION REPOACEMENT. October 27, 1997 Page: Z this recommendation and directed staff to return to the City Council within 45 days (October 27, 1997) with a conceptual plan and a proposed contract to upgrade the existing facility at the existing site with the same degree of reliability which the proposed station has without the one -hour storage facility, but with pump and power backup reliability. The pump station design engineer, AKM Consulting Engineers, has prepared a report that discusses three alternatives to the pump station in Park Avenue. Two of the alternatives utilize the existing buried wet/dry well structure. The third alternative considers a smaller new structure at Jade and South Bayfront alley without the one hour emergency storage. A copy of the summary report is attached as Exhibit "C ". Detailed discussion of each alternative occurs later in this staff report. This staff report will provide information on the following: 1. The existing pump station and its operational deficiencies. 2. A description of the Park Avenue Station to show how these deficiencies will be corrected and operational characteristics improved. 3. Description of methods for obtaining equivalent reliability to the Park Avenue Station. 4. Description of 3 alternatives. 5. Cost estimate comparisons. 6. Presentation of the staffs recommendation. DISCUSSION OF THE EXISTING SECTION 5 WASTEWATER PUMP STATION The Section 5 Wastewater Pump Station pumps all of the sewage from Collins Island, Balboa Island and Little Balboa Island under the bay to a County trunk sewer main in Bayside Drive. The Section 5 Pump Station replacement is the number one priority in the City's Master Plan for Sewer Pump Station Improvements. The cost of replacement is funded from sewer users fees for the purpose of maintaining and replacing the sewer system. This pump station was constructed in 1924 when Balboa Island sewers were first installed. This 1920's station pumped the wastewater across the bay to an Imhoff tank where solid material settled out and the remaining wastewater was discharged into the bay after chlorination. The station was rehabilitated in the 1940's to upgrade pumps when a trunk sewer was constructed in Bayside Drive to tie -in to a system that conveyed sewage to a treatment plant near the Santa Ana River for disposal to the ocean outfall. Attached as Exhibit "D" are aerial photographs of Balboa Island during the 1920's and 30's which give a good perspective of the housing density during these periods. The existing pump station has several deficiencies that make the station a top priority in the City's Pump Station Improvement Program. These deficiencies are itemized below: f:\groups\pubworks\98-counc\oct-27\secfion5.doc DESIGN FEATURES INCLUDED IN THE PARK AVENUE PUMP STATION The Park Avenue Pump Station was designed to provide a wastewater pump station that eliminates the deficiencies inherent in the existing 1920's station and provide a reliable system to significantly reduce the potential for sewage spills on Balboa Island. The design features contained in the Park Avenue Pump Station are listed below: 1. The station's wet well overflow area was sized for one -hour peak flow emergency storage. 2. Submersible pumps and motors were included to allow for quick removal and replacement in case of failure. They also eliminate the need for a dry well and allow pumping operations to continue when street flooding occurs. 3. The wider street in this location improves equipment acct:.:_ for maintenance and • operation which decreases time to restore operation when emergency shutdowns occur. f:\9 roups \pubworks 198 -co u nc\oct- 27lsectio n 5. doc SUBJECT: CONSTRUCTION OF* LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT, October 27, 1997 Page: 3 • 1. The wet well's 540 gallon capacity is too small to allow for the efficient use of the pumps without near continuous operation. The pumps turn on and off up to 15 times an hour caL'sing excessive wear on the pumps and mr)tors. Current systems are designed to cycle 5 or 6 times an hour. 2. The wet well has no emergency storage, which creates a high potential for sewage spills whenever there is a station failure. 3. The station has no by -pass pumping connection to permit utilization of portable pumps during station failure. 4. The station has no electrical hook -up to connect an emergency generator during power outages. 5. The access into the station is deficient in size and location for efficient maintenance and operation inside the station. 6. The electrical motors and controls are subject to failure during flooding of the alley. 7. There is not adequate, clear distance between the electrical control panel and pumping equipment to meet Electrical Code. 8. The inlet and outlet piping in the wet/dry well structure is badly deteriorated. 9. The concrete for the wet well structure has deteriorated and because original construction plans are not available, the impact of this deterioration can not be quantified and the remaining structure life is uncertain. 10. The location of the pump station at the T- intersection of two 15 -foot wide alleys makes it difficult to quickly access the station with the large equipment necessary to maintain and repair the station as well as to pump out the station in an emergency situation. 11. Any major repair operation requires that vehicular access to three homes be blocked. 12. The pumps and piping have deteriorated to the extent that replacement is necessary. DESIGN FEATURES INCLUDED IN THE PARK AVENUE PUMP STATION The Park Avenue Pump Station was designed to provide a wastewater pump station that eliminates the deficiencies inherent in the existing 1920's station and provide a reliable system to significantly reduce the potential for sewage spills on Balboa Island. The design features contained in the Park Avenue Pump Station are listed below: 1. The station's wet well overflow area was sized for one -hour peak flow emergency storage. 2. Submersible pumps and motors were included to allow for quick removal and replacement in case of failure. They also eliminate the need for a dry well and allow pumping operations to continue when street flooding occurs. 3. The wider street in this location improves equipment acct:.:_ for maintenance and • operation which decreases time to restore operation when emergency shutdowns occur. f:\9 roups \pubworks 198 -co u nc\oct- 27lsectio n 5. doc SUBJECT: CONSTRUCTION &HE LITTLE BALBOA ISLAND (SECTION 5) WASOATER PUMP STATION REPOACEMENT. October 27, 1997 Page. 4 4. The larger wet well size increases the life of the motor and pump by reducing start • and stop frequency. 5. An above ground motor control panel is provided that prevents station failure during flooding conditions on Little Balboa Island, 6. The Motor Control Center (MCC) is furnished with a generator connection for use of a portable generator during a power outage. 7. The station is equipped with a by -pass pump connector to hook up portable pumps, should a station failure occur other than power outage, such as, force main break, mechanical malfunction, or MCC failure. PROVIDING EQUIVALENT RELIABILITY WITHOUT EMERGENCY STORAGE After Working Hours Emergency Response The main purpose of having the one -hour emergency storage during peak hour flows is to prevent sewer spills during station failure. There are 5 types of station failures listed here in the order of most probable occurrences: power outage, mechanical pump failure, pump inlet line blockage, motor control panel failure, or force main break. The emergency storage allows time for on -call duty personnel to respond and take corrective action to prevent sewage spills. During normal working hours the City's 9 man wastewater crew is available to respond to failures. During non - working hours there are 2 on -call duty personnel to cover both water and wastewater emergencies. On an average, after hours duty personnel can reach a site and assess the situation in 30 to 45 minutes from the time they leave their residence. Backup support to assist in an emergency response may take an hour to an hour and a half to arrive. Under peak hour flows when a station failure occurs, the sewer system will be at or near capacity and the only leeway the response crew has is the emergency storage in the wet well. This leeway allows the time needed to either, hook -up an emergency generator, hook -up a portable pump, or begin vactor operation to prevent a sewage spill. Dedicated Stationary Generator The addition of a dedicated stationary generator in the 3 alternatives in lieu of the emergency storage will handle any power outage occurrences. Response time is not a critical factor in this instance because the pumping continues as if nothing happened. The dedicated generator would provide replacement power to avoid sewage spills until an emergency response crew arrives to monitor the station and permanent power is restored. The dedicated generator does not handle the other modes of station failures, . which are mechanical pump failure, pump inlet line blockage, electrical controls f:\groups\pubworks\98-counc\oct-27\section5.doc SUBJECT: CONSTRUCTION OF WITTLE BALBOA ISLAND (SECTION 5) WASTEVOR PUMP STATION REPOACEMENT. October 27, 1997 Page: 5 • malfunction, or force main break. Four locations for a dedicated generator to serve the various alternatives have been evaluated: 1. Below _ground in the Park Avenue median ($586.200) This location would require an extension of the structure above the ground surface to prevent flooding. Shoring and dewatering is required which will cause the closure of Park Avenue between Crystal and Jade during construction. 2. Above ground on the vacant lot between 1810 and 1804 South Bavfront ($1,050,690) This location will require the construction of a 16 foot by 20 foot building to house the generator and Motor Control Center. In order to acquire the site necessary to place the generator building, the City would probably have to use eminent domain proceedings. The 22 foot by 27 foot parcel needed would significantly reduce the value of the bay front parcel and the estimate assumes a large severance damage. 3. Above ground at the Jade Avenue and South Bavfront street end ($183,000) . This location will require a building about 20 feet by 16 feet. Some bay views will be blocked and two parking spaces eliminated on Jade Avenue. 4. In Fire Station No. 4 at Park Avenue and Marine Avenue ($409,200) This location will require a 4 foot building expansion toward Park Avenue to modify one of the existing rooms at the fire station, which now houses a small generator. See Exhibit "A" for the pros and cons of the various generator locations. Additional Vactor Truck A pump station failure caused by the malfunction of mechanical and electrical controls, pump inlet line blockage, or force main breaks will require our response duty personnel to correct the problem to avoid sewer spills. The dedicated generator does not help in this situation. The emergency storage is the only measure to allow time to hook -up portable pumps and /or start the vactor operations. Without the emergency on -site storage, an additional vactor unit is needed to add to the capacity of the two existing vactors in order to keep up with the average sewage flow on Little and Big Balboa Islands. • Since emergency storage is not being provided in any of the 3 alternatives, an additional City vactor truck would be needed to provide equivalent reliability. This pump station is one of 22 currently operated by the City. Staff must be prepared for more f:\groups\pubworks\98-counc\oct-27\secUon5.doc SUBJECT: CONSTRUCTION *HE LITTLE BALBOA ISLAND (SECTION 5) WASIDATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 6 than one pump station to fail at the same time. Currently the City has in its fleet two • vactor trucks equipped to service pump station wet wells. One of the City vactors has a capacity of 2,500 gallons and the other 1,000 gallons. The vactor truck should be able to make a round trip off the Island in 20 minutes with an emergency pumping connection installed at the Park Avenue and Jade Avenue intersection. The City's 2 existing vactors could transport 10,500 gallons per hour. If a third 2,500 gallon vactor was added 18,000 gallons per hour could be transported. Averaged over a 24 hour period, the sewage flow generation from the 3 Islands is 17,988 gallons per hour. The peak hour flow is estimated at 40,000 gallons. Using storage created by backing up sewage in the sewer mains, laterals and manholes (system surcharge), 3 vactors could keep the system from overflowing on a continuous basis. Utilizing 2 vactors and allowing for system surcharge, sewer spillage would occur at several locations within 4 hours. It can take 3 to 4 hours to arrange delivery of a tanker truck and have it ready to commence hauling sewage off the island to prevent a spill. The 2 vactor operation, does not allow sufficient leeway to guarantee operation of tanker trucks before a sewer spill occurs. When the Little Balboa Island pump station fails during peak flow periods, there is approximately 38,000 gallons of storage in the pipes, manholes and laterals before an overflow occurs. This is the system storage between the Diamond Avenue pump station and the Little Island Station. During a peak hour flow this storage provides less than one hour to respond and take corrective actions. By turning off the Diamond Avenue pump station the system storage can be significantly increased to approximately 105,000 gallons for the 3 islands. The wastewater crews, as standard procedure, turn off the Diamond Avenue pump station when the Little Island pump station is off. Since it often takes 45 to 60 minutes to make the shut down at the Diamond station, an automatic control system for the 2 stations is needed to interconnect and allow coordination of the operation of the 2 stations. Utilizing a third vactor unit will allow the removal of enough sewage to keep up with the flows without the added 1 hour of storage. This is assuming that the Little Balboa Island station is the only station that has failed, and that the equipment and staff can be fully dedicated to this one station. A vactor has an initial cost of $175,000 and a 12- year life with an annual maintenance and replacement cost of $2,500 per month or $30,000 per year. Converting this annual cost, over the 50 -year life of the project to a present worth cost and assuming a 6% interest rate yields a maintenance and replacement present worth of $474,200. When added to the capital cost of $175,000 for a new vehicle, this equates to a total cost of $649,200. n U f:\groups\pubworks\98-counc\oct-27\sectionS.doc SUBJECT: CONSTRUCTION OF •LITTLE BALBOA ISLAND (SECTION 5) WASTENOR PUMP STATION REPOACEMENT. October 27, 1997 Page: 7 • DISCUSSION ON THE 3 ALTERNATIVES TO THE PARK AVENUE PUMP STATION As directed by the City Council on September 8, 1997, City staff and AKM evaluated possible alternatives and developed 3 conceptual alternatives similar in reliability to the Park Avenue Pump Station. Each of these alternatives is without emergency storage. Two of the alternatives utilize the existing pump station structure and the third is a new replacement station at Jade Avenue and South Bayfront. Exhibit "E" shows the layout for each of these alternatives. For each of the alternatives there are options for the location of the dedicated emergency generator and the Motor Control Panel. See Exhibit "B" for the pros and cons of the alternatives and Park Avenue Pump Station. Alternative No. 1 - Wet Well - Dry Well System Utilizing the Existing Structure This alternative involves refurbishing the existing structure by removing and replacing deteriorated concrete, replacing all piping, electrical and mechanical equipment, and constructing a dedicated emergency generator and an above ground motor control panel. The roof of the structure would be removed and a new one constructed to provide improved access to both the wet well and the dry well. Due to the small size of the dry well structure that houses the pumping equipment, only 2 pumps can be installed. A 2 -pump operation will require frequent pump starts and stops, which can cause premature wear and tear on the pumps and motor and, as currently exists, increase the potential of failure. There is inadequate space to install a third pump low flow to eliminate the problem of excessive start/stops. This problem can be partially mitigated with the addition of specialized motor speed controls which will be more difficult to maintain. Testing was done on the condition of the existing concrete structure. The test results regarding the strength of the concrete showed the concrete to be adequate. However, corrosion and deterioration has eroded about '/2 inch of the concrete walls. The concrete shelf that maintenance workers stand on to clean the wet well is deteriorated to the extent that it may collapse and must be removed. The integrity of the structure remains uncertain because there is no means of performing a test to determine the extent of any corrosion on the reinforcing steel. Overall, this structure appears to have some life remaining. The Motor Control Panel, which is approximately 10 feet wide by 6 feet high and 2 feet deep can be located at one of three above ground locations. One location is at the end of the alley by East Bayfront. Another location is inside the generator building on the vacant lot. The third location is in the generator building at the end of Jade Avenue at South Bayfront. An emergency pumping connection has been provided at Park Avenue and Jade Avenue to eliminate the need to back vactor trucks or tanker trucks down the alley. f:\groups\pubworksN98-counc\oct-27\section5.doc SUBJECT: CONSTRUCTIONOHE LITTLE BALBOA ISLAND (SECTION 5) WASGATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 8 Under present conditions, the alleys are so narrow that crews must back the vactor trucks or tanker trucks down the alleys to haul off sewage whenever this station fails. This new pumping connection will allow vactor trucks or tanker trucks to stop at Park Avenue and Jade Avenue to load up and exit Balboa Island for dumping and return without the delays caused by backing these large trucks down alleys. The emergency pumping connection requires the construction of a force main pipe from the pump station in the alley to Jade Avenue and then to the Park Avenue intersection. To facilitate the construction work, the contractor must install a temporary bypass pumping system which must operate on a 24 hour basis for several months. During this time there may be some increased noise level from the temporary pump. This system would be installed in Jade Avenue with a force main connection at East Bay Front. The engineering analysis lists numerous disadvantages for this alternative primarily due to the space limitation in the dry well and the inadequate wet well capacity. Based on these disadvantages, this alternative can not be considered to have the same reliability as the pumping system designed for Park Avenue. A large enough structure to provide adequate size wet well can not be built in the 15 foot wide alley without endangering the adjacent structures. Alternative No. 2 - Submersible Pumps /Motors in the Existing Structure This alternative involves installation of submersible pumps /motors. The benefit of submersible pumps /motors is that they can be completely submerged and still function without failure. This is an advantage in flood prone areas such as Balboa Island. Submersible pumps /motors are designed to be cooled by periodic submergence. The configuration and size of the existing structure does not permit the required submergence which W;I' result in shorter service life of the purr;: motors. A valve vault structure will need to be constructed east of the existing station to isolate the pumps during service and repairs. The other facilities necessary for this alternative are the dedicated emergency generator, motor control panel, emergency pumping connection, and the temporary by- pass pumping system which are the same as in alternative No. 1. The engineering analysis lists numerous disadvantages for this alternative primarily due to the lack of an adequate wet well depth within the existing structure. Based on these disadvantages, this alternate can not be considered to have the same reliability as the pumping system designed for Park Avenue. Deepening the structure in the 15 foot wide alley can not be done without endangering the adjacent structures. 0 f: \g roups\pubworks \98 -co u nc \oct- 27\sectio n 5.d oc SUBJECT: CONSTRUCTION OF *LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27, 1997 Page: 9 • Alternative No. 3 - Replacement Submersible Pump Station in Jade Avenue at South Bayfront 0 Although this alternative was not requested, it has been included to show what a new station without emergency storage would involve. This alternative uses a properly sized wet well without the emergency peak hour storage. The station at this location would have submersible pumps /motors in a new structure designed especially to accommodate the operational requirements for a submersible pumping system. The other facilities necessary for this alternative would be the same as alternative No. 1 with the exception of the temporary by -pass pumping system. The construction of the structures would require the same sheet piling as the Park Avenue Pump Station. The adjoining residents would probably be impacted to a greater extent because of the 65 foot depth to bedrock rather than the 35 foot depth at the Park Avenue Site. A pumping system provided in this alternative is comparable to the Park Avenue station and would be as reliable with an equivalent design life, in conjunction with a dedicated stationary generator aoJ an additional vactor truck.. COST COMPARISON OF ALTERNATIVES: Cost estimates were prepared by AKM for the three alternatives utilizing the bids received on the Park Avenue Pump Station. These estimates are based on the conceptual level site plans without preliminary engineering and are considered to be rough order of magnitude numbers. The estimates for each alternative includes the dedicated generator, an additional vactor truck and design costs for preparation of new plans and specifications. Table 1 shows the breakdown of these cost components by item (i.e. Base cost, generator, vactor truck, and engineering). As would be expected, each alternative has four different estimates for the generator because there are four locations where the generator can be installed. Therefore, each alternative would have a range for its total estimated cost, which varies depending on the selection of generator location. A summary of this range in total estimated cost for each of the alternatives is shown below: Alternative No. 1 Wet Well /Dry Well in Existing $1,756,392 to $2,624,082 Structure Alternative No. 2 Submersible in Existing Structure $2,020,845 to $2,888,535 Alternative No. 3 New Submersible Station in Jade $2,214,753 to $3,082,443 ^.venue at South Bayfront f:\gfOUPS\PUbWDfksk98-counc\oct--7\section5.doc SUBJECT: CONSTRUCTIONOHE LITTLE BALBOA ISLAND (SECTION 5) WASSATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 10 The contract bid price submitted by Advanco for the Park Avenue Station is $1,665,150. • STAFF RECOMMENDATION In the staffs opinion, the Park Avenue Pump Station should be selected over the three alternatives based on economics, service life and operational efficiency. While the alternatives come close to providing equivalence in reliability, the existing structure alternatives fall short in correcting the wet well deficiency, the accessibility problem as well as the workspace limitations and project longevity. The engineering analysis for Alternatives 1 and 2 shows that they do not meet the "as reliable" requirements requested by the City Council. The Jade Avenue submersible pump station with the permanent generator and extra Vactor truck could be considered "as reliable ". Exhibits "F and G' are two recent letters of support received from the Little Balboa Island Property Owners Association and the Balboa Island Improvement Association. If the construction contract is awarded to Advanco at this meeting, the station can be completed prior to June 1998. Should the City Council elect not to award the contract for the Park Avenue Pump Station, the Public Works Committee can work with staff and provide direction on which alternative to proceed with on the redesign. The redesign, permitting and construction will postpone the project for at least 6 to 8 months and construction would not be completed prior to the Spring 1999. Respectfully su ' ed, es Pr�CIC WORKS DEPARTMENT DON WEBB, DIRECTOR by: Eldon G. Davidson, P.E. Utilities Manager Exhibits: Table 1 - Cost Summary for Alternatives Exhibit A - Pros and Cons for Generator Locations Exhibit B - Pros and Cons for Alternatives Exhibit C - AKM Summary Report on Alternatives. Exhibit D - Aer:r11 Photos of Balboa Island Exhibit E - Site Plan for Alternatives Exhibit F - Little Balboa Island Property Owners Association Letter Exhibit G - Balboa Island Improvement Association Letter Exhibit H - September 8, 1997 City Council Staff Report ( In green) f:\groups\pubworks\98-counc\oct-27\section5.doc C I. AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT 1 "I DESIGN SERVICES FOR LITTLE BALBOA ISLAND (SECTION 5) PUMP STATION REPLACEMENT THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this / day of Cc ,1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AKM CONSULTING ENGINEERS, whose address 101 Pacifica, Suite 150, Irvine, California 92618, (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On March 26 1996, a Consultant 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 as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant performed the additional services set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. Services shall include the following: a. Preliminary Design Report: developed design flows; arranged and conducted field visits; field survey. b. Coordination with LIBHOA: participated in meetings; prepared renderings and exhibits; performed intermediate design services. C. Prepared plans, specifications and estimates: prepared additional plan sheets; revised plan sheets; conducted constructability reviews. 0 0 d. Permits: assisted with California Coastal Commission permit; and prepared and processed Regional Water Quality Control permit. e. Bidding Services: reviewed correspondence; attended meetings; prepared pre -bid meeting minutes; prepared extensive addendum to the contract documents. 2. Consultant shall be compensated for additional services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ". The maximum fee for additional services shall not exceed $56,343.00. 3. The Term of this agreement shall terminate on the 30th day of June 1998, unless terminated earlier as set forth herein. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. on the date first above written. City Attorney TO FORM: ATTEST: .. LaVonne Harkless City Clerk f:\ groups \pubworks \98- agmts\AKMamen zlz. ,s CITY OF NEWPORT BEACH, a municipal corporation BY: / Jpn Debay, Mayo L>bity,, L LTANT eki Kayiran, Prin ' al "Consultant" 0 ANN N%M CONSULTING ENGINEERS August 22, 1997 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 Attention: Mr. Michael J. Sinacori, P.E. SUBJECT: Additional Work for the Section 5 Sewage Pump Station Dear Mr. Sinacori: Exhibit A AKM Consulting Engineers i0I PUC111CO. Su.:e 150 �ry ne. Cohto: rio 92618 (7)4)7`3 7333. fox' (7)4)753 -7320 0310179.00 As you are aware the completion of the Section 5 Sewage Pump Station Project, which was originally estimated to cover 20 weeks, took over 65 weeks for several reasons. In completing this work, many issues needed to be addressed that were not included in the original scope of work. Furthermore, the project's development to its final level required iterations which increased the effort expended on completing the project. The following provides a description of the additional work that was performed by AKM Consulting Engineers as well as the work hours and costs associated with it: 1. Preliminary Design Report a. AKM had to develop design flows from City's previous flow measurements as well as two flow measurements in April and August 1996. b. AKM arranged for and conducted field visits to submersible sewage pump stations at the Irvine Ranch Water District, Elsinore Valley Municipal Water District and City of Torrance. c. Field survey of Jade Avenue and Park Avenue. Subtotal additional cost: $9,720 2. Coordination with LBIHOA AKM participated in seven (7) meetings with the LBIHOA, prepared renderings and exhibits, performed intermediate design services leading to the selection of the site and electrical enclosures. AKM also prepared materials for the January 1997 Public Works Committee meeting. Subtotal additional cost: $11,299 MAltrs\additwork.doc 'Mr. Michael J. Sinacori, P.E• • City of Newport Beach August 22, 1997 Page 2 3. Preparation of Plans, Specifications and Estimates a. AKM prepared a total of 36 sheets of plans, 33 of which were incorporated into the final package. Three sheets were prepared for a pump station in the median of Park Avenue which could not be utilized because the site was subsequently changed to Park Avenue west of East Bayfront. The original proposal was based upon 28 sheets of plans. b. AKM had to revise several plan sheets that were initially prepared on existing street improvement plans to accommodate the schedule. Subsequent to the completion of additional survey work, gravity sewer and force main plans needed to be modified to reflect the surveyed streets. c. Constructability Reviews AKM participated in several meetings to review comments by consultants hired by the City. Subtotal additional cost: $30,642 4. Permits AKM's initial contract did not include permits from the California Coastal Commission and the Regional Water Quality Control Board ( NPDES). AKM supported Mr. Dave Bartlett's efforts on the Coastal Commission Permit and prepared and processed the NPDES permit. Subtotal additional cost: $1,806 5. Bidding Services a. AKM reviewed correspondence from attorneys and engineers of the homeowners opposed to the project and prepared responses. b. AKM attended meetings at the City on July 28, 1997. c. AKM prepared pre -bid meeting minutes. d. AKM prepared an extensive addendum to the contract documents. Subtotal additional cost: $7.876 TOTAL ADDITIONAL WORK. $61,343 Mr. Michael J. Sinacori, P.E. • City of Newport Beach August 22, 1997 Page 3 The breakdown of the additional work items is provided in the attached table. As the City of Newport Beach will handle construction surveying, it can be deleted from our original scope. The cost included for construction surveying ($5,000.00) can be applied toward the additional work. Therefore, the total cost impact of the additional work performed on the budget will be $56,343.00. We request that the budget for the project be augmented for $56,343.00. If you have any questions or request additional information, please do not hesitate to contact the undersigned. Very truly yours, AK.M Consulting Engineers Zeki Kayiran, P.E. Principal Attachment Z N O U IL ay° IL c W C aD VJ O LO c O Y W m m N IT'V' O ;O O D) :O'O O O V 1 OO N (0 (0 LO C) O 0 (O N V N N O LLD M N (D (O V I O O 0 LO .- U0 I- CO) ....jj OD O cO 1 1 V N � 41 D O (O OD W ( M N Oi O V CC07 coil 7 N m O $w 40 N co O Lo V' W C co to < 'L O Oi f O N N IN N M co CD I � 0 1 I D) 1 I } IO v 0 I O N _1N C\! I I (D (O i m 40" N N N N I ( v o! o ,O - V O VI OD W MM M M M M i! n co .U. i 0 1 O r NN i IN N(O'O N i O co! M) r N W 0 10 N i i I �I I l i N MI (O a0 110 I co (Di CD 0 0 0i0 O p v j 1 N O N (O (O N N O CJ e ID I 0)I i(D �I �I�!� N M n N CO W (ON 00 (nlv Miry r i yI N }w ~I I ~I O O E O O O (o a « ZI a ma' O ca fn Si0 y C Im L 1 O) O 1� a) d I glii . N ❑ U 'eN Q.I Zi N N'O7 N QI aI V Q C ❑' 3 I o N o U a c n V' Z O m LL l (o l° E a T:o ° ( « UH � N E LL m ID 0.0 O) c W m W(D E « c c a U O c d N N 7 01 N (D O (0 m N O N I -O d N' I a❑ >(nI C)2❑wwa aWI%C) IL m2Iwa`Q CI.6 (3 �cd .6 6-6 ( 6 6-6 0 m N O 0 CO m$ �g U� 0 C - ��-7 C CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Pascal & Ludwig Engineers 2049 E. Francis Street Ontario, CA 91761 Gentlemen: (714) 644 -3005 December 8,1997 Thank you for your courtesy in submitting a bid for the Section 5 Sewage Pump Station on Little Balboa Island project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach SOP F..,.., TO: Mayor & Members of the City Council FROM: Public Works Department September 8, 1997 CITY COUNCIL AGENDA ITEM NO. 15 SUBJECT: AWARD OF CONTRACT (CONTRACT NO. 2975) CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACEMENT RECOMMENDATIONS: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract No. 3156) to provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935) to compensate for additional engineering services to perform extra work beyond the original scope of work, for a fee of $56,343. BACKGROUND: The Section 5 Wastewater Lift Station is located on Little Balboa Island. (See Exhibit "A" for the location of all of the City's pump stations.) This pump station was constructed in the 1940's when Balboa Island was less developed and its sewer load was considerably lower than today. The station operates over capacity during peak flow demands, and the Utilities Wastewater staff is put on alert during these times in case the station fails. If a failure should occur, staff would then use the City vactor equipment to transport wastewater off the island. The current station does not have any other bypass capabilities. The 50+ year -old station has operated beyond its design life. The pumps are wom, obsolete, inefficient, undersized and unreliable. Many of the components of the station do not meet current state mandated codes and standards. • • Page 2 ` Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 PROJECT DESCRIPTION: Contract No. 2975 will provide for the construction of a waste water pump station utilizing submersible pumps installed in a wetwell with sufficient capacity to provide one - hour emergency storage at peak flows. The pump station will be installed on Little Balboa Island in the center of Park Avenue between Jade Avenue and East Bay Front. A sewer line and force main will be constructed in Jade Avenue to connect the new pump station with the existing sewer and force main in the alley parallel with South Bay Front. The pump station will be below the pavement surface except for a control panel (in the sidewalk area) and vent pipes (in the median). A site plan and location map is attached. The estimated time of completion for the project is 255 calendar days (8 -1/2 months). The project specifications require the contractor to complete the work within this time frame, which will allow completion prior to the 1998 summer season. In addition, an incentive bonus /penalty amount of $2,000 per calendar day is included in the project contract documents to further enhance the chances of on -time or early completion, which will further minimize disruption to the community. The bonus is $2,000 per calendar day if the contractor completes the project early. There is also a $2,000 bonus incentive for completing work within Jade Avenue in less than 30 calendar days. Over the last six months this project has been discussed with the Public Works Committee multiple times. Most recently the project was reviewed at the July 28th, August 14th and August 25th Committee meetings. There was public input on the project at each of these meetings. The attached August 25th Public Works Committee report (Exhibit "B ") describes how the contractor will handle a number of issues raised by residents on Little Balboa Island. At the conclusion of the August 25th meeting, the Committee endorsed staff's recommendation to award this project and requested that the item be forwarded to the City Council for consideration. Exhibit "C" is from the July 28th Public Works Committee meeting and lists reasons for siting the pump station on Park Avenue. COMMUNITY INVOLVEMENT: Over the past 3 to 4 years, Utilities and Public Works staff have given presentations to and met with both the Little and Big Balboa Island Associations on numerous occasions. Alternatives and design concepts were discussed at these meetings. Dottie Lewis, who lives on Park Avenue next to the proposed pump station, has submitted a petition with 75 signatures (letter and one page attached, Exhibit "D "). This petition indicates the Islands are built out and that the proposed station exceeds the needs of the Island. It is suggested that the existing station be enlarged or reworked Page 3 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 and upgraded. If the large station is needed, the house at 106 Jade Avenue should be purchased and converted to a park with the station below it. James E. Munroe, who lives next to the existing pump station has submitted a letter (Exhibit "E ") with 21 signatures. This letter supports the Park Avenue pump station location. PROJECT BIDS: At 2:00 p.m., on August 12, 1997, the City Clerk opened and read bids for this project. A total of two (2) bids were received from the thirteen (13) prequalified contractors. The lowest responsible bid was 9.2% above the Engineer's Estimate of $1,524,666. The bids from the pre - qualified contractors are listed below. A more detailed itemized bid summary is attached as Exhibit "F ": Rank Contractor/Bidder Total Bid Price low Advanco Constructors $ 1,665,150 2 Pascal & Ludwig Engineers $ 2,441,172 The following companies declined to bid on the subject project: Caliagua Inc. Gateway Pacific JW Contracting Kiewit Merco Construction Nationwide LOW BIDDER: Mladen Buntich Construction Nielsen Dillingham J.R. Filanc Construction SSC Construction Vadnais Corporation Advanco Constructors of Upland is a qualified general contractor licensed to do business in California. This company has successfully completed similar projects for other public agencies and municipalities throughout Southern California. The firm has a solid reputation in the water and wastewater construction industry and has a significant amount of experience with similar projects. Prior to recommending the award of the contract, Advanco project team members were interviewed and their qualifications reviewed. After the meeting, staff was satisfied that the contractor was qualified and capable of performing the required work. The assigned project manager has more than twenty-seven (27) years of experience and the project superintendent has over twenty-six (26) years of experience. In addition, a project engineer will be assigned to assist in the day -to -day operation. • • Page 4 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September B, 1997 Reference checks on their recent projects revealed favorable comments as to their ability to perform the work safely and in an efficient manner. The contractor has recently worked for the cities of Del Mar and San Diego, County of Orange, and the County Sanitation District of Orange County. In many agencies' opinion, Advanco is one of the best contractors they have worked with. The insurance policies and bidder's bond submitted by the contractor will meet the City's requirements. Insurance Companies affording coverage and sureties issuing bonds shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accord with the latest edition of Best's key Rating Guide: Property- Casualty. London based or off -shore insurance companies will not be accepted. PROJECT CONSTRUCTION MANAGEMENT: In order to effectively administer the construction contract, the City is proposing to hire an engineering firm to perform public relations, construction management, inspection and contract administration services. The construction manager will oversee the day - to -day construction activities related to the pump station and coordinate with residents and businesses on both Little and Big Balboa Islands during the next year. 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, conduct weekly contractor meetings, and prepare all documentation for contract administration and progress payments. In addition, they will coordinate all community and business coordination meetings and will also be the main contact for any complaints or claims. From a schedule standpoint, it is important to note that the construction manager will assist the City in a number of tasks that will occur prior to the actual commencement of the pump station construction. Examples of these tasks include setting up communication and reporting procedures, preparing a number of tracking forms and scheduling controls, establishing shop- drawing review procedures, coordinating the pre - construction meeting and a number of other tasks. As such, it is important to understand that the construction manager needs to be involved in the project when the City awards the construction contract. The construction management consultant selection process was conducted consistent with state law and City policy for "qualifications -based selection" (OBS). Five firms submitted responses to the request for proposals. The firms were: Daniel Boyle Engineering Inc., Dudek & Associates, Inc., Moffatt & Nichols Engineers, Robert Bein, William Frost & Associates and Sverdrup Corporation. The written proposals were reviewed by a selection committee. On the basis of a detailed ranking of the various firms and interviews with three of the firms, the selection • • ` Page 5 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 committee chose Daniel Boyle Engineering Inc., as the most qualified firm to perform the required construction management and professional services for the project. The detailed criteria used to evaluate qualifications of all the engineering firms considered the following key areas: 1. Proposal Content 4. Project Team 2. Project Understanding 5. Project Management 3. Project Experience 6. Project Public Relations Approach The firm of Daniel Boyle Engineering, Inc., has a team of qualified, technical professionals, construction managers and inspectors who have extensive experience with similar water and wastewater pumping facilities. Upon selection of Daniel Boyle Engineering, a separate meeting was held to review the proposed scope of work and negotiate a fee. The proposed Professional Services Agreement with Daniel Boyle Engineering Inc., provides for a comprehensive set of professional level tasks to administer and inspect the project. 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 fee amount of $177,912. The specific work tasks and responsibilities are further enumerated and detailed in the agreement, which is attached as Exhibit "G ". If approved, the construction management consultant will start work and handle tasks related to the implementation of the wastewater pump station replacement contract. PROJECT DESIGN EFFORTS: AKM Consulting Engineers was hired in March 1996, for a fee of $132,906. The project schedule, included in their contract, indicated that the project would be designed over a 20 week period. Due to design concerns raised by the residents, this effort extended over 65 weeks. Many issues addressed during the design period were not originally envisioned in AKM's proposed scope of work in March 1996. The original project scope estimated 28 sheets of construction drawings. At the conclusion of the design effort in June, 36 sheets were required. Based on the expanded scope of work, primarily related to providing additional information and design to answer the concerns of impacted residents, it is recommended that the AKM fee be increased by $56,343 to cover the extra work they performed. CONCLUSION: The existing substandard 50+ year -old station is inadequate and needs to be expanded to provide emergency storage capacity to avoid potential sewage overflows into streets and homes. The Little Balboa Island Community, in general, supports the replacement of the facility. An extensive community information process has been used to discuss • • Page 6 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 designs and issues with the residents. The Public Works Committee on three occasions since July 28"' has received input from residents and at their August 25, 1997 meeting supported the staff's recommendation to go forward with the much needed project and award the Contract to Advanco Constructors of Upland, California. The funds required for the construction contract, Construction management and design costs are budgeted in the Wastewater Enterprise Fund Capital Project No. 7532 - 05600100 -Sewer Pump Station Master Plan Improvements. Respectfully submitted, V4/) PUBLIC WORKS DEPARTMENT Don Webb, Director By: 9Z fhv Michael J. Sinacori, P.E. Utilities Engineer MJS:tam Attachments: Exhibit "A': ... City Wastewater Pump Stations, location map and site plan. Exhibit "B. .... August 25, 1997 Public Works Committee Report. Exhibit'C "....July 28"' Public Works Committee Report. Exhibit "D".... Lewis Letter and Petition. Exhibit "E. .... Munroe Letter and Petition. Exhibit T".... Bid Summary. Exhibit "G'.... Professional Services Agreement. • 0 0 G acl35',' March 25, 1996 TO: Mayor & Members of the City Council CITY COUNCIL AGENDA :9y rUF MY rcunCa. Cif it N UUPOW,, SEAC.; FROM: Public Works Department ; SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR PREi3ARAn OF PLANS & SPECIFICATIONS BY AKM CONSULTING ENGINEERS FOR REDESIGN OF THE SECTION 5 (LITTLE BALBOA ISLAND) WASTEWATER PUMP STATION RECOMMENDATION: Authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the City with AKM Consulting Engineers to prepare Plans and Specifications for construction of the Section 5 Wastewater Pump Station located on Little Balboa Island for a not to exceed fee of $132,906. • BACKGROUND: The Section 5 Wastewater Lift Station is located on Little Balboa Island. See attached Exhibit "A" for the location of all of the City's pump stations. This pump station was constructed in the 1940's when Balboa Island was less developed and its sewer load was considerably less than experienced today. The station currently is operating over capacity during peak flow demands; so much so, the Utilities Wastewater staff is put on alert during these times just in case the station fails. If it does, Staff will be forced to use City vactor equipment to transport the wastewater off the island. The current station has no other bypass capabilities. Additionally, the almost 60 year old station has operated beyond its design life. The pumps are worn, obsolete, inefficient, undersized and unreliable. Many of the components of the station do not meet state mandated codes and standards. The City had previously hired a design consultant, Barrett Consulting Group, to prepare plans and specifications for the construction of a new pump station for the City. This proposed pump station was to include a redundant wet and dry well facility, including pumps and redundant force mains. The pump station was proposed to be located within Jade Avenue north of the existing sea wall. The construction plans and specifications are complete and ready for bid. r 1 LJ 0 0 Page 2 Section 5 (Little Balboa Island( Wastewater Pump Station Re- Design Approve Professional Services Agreement March 25, 1996 DISCUSSION On December 11, 1995, the City Council authorized Staff to proceed with a pre - qualification of contractors for the Section 5 Wastewater Pump Station. The pre - qualification process ended on February 6, 1996, when fourteen contractors submitted statements to the City. During the pre - qualification process, several contractors expressed concerns about the proposed pump station's close proximity to existing residential structures east and west of the project site and the sea wall to the south. The contractors indicated that the project will require excessive effort to provide adequate sheeting and shoring, in addition to the dewatering effort. The contractors estimate that project costs will be between 2 and 3 million dollars, which is more than the City could expend at this time. In addition, Staff has met with potential construction managers for the project. They, too, have indicated that if the project bids as is, project costs will exceed the 1.5 million dollars of available funds. The construction managers have also expressed concerns about potential damage to the adjacent structures due to the configuration of the current station. The suggestion was made to reduce the width of the station, which could substantially reduce the cost as well as reduce potential damage to adjacent structures. Staff recommends that a redesign be considered. By redesigning the Section 5 Wastewater Pump Station, Staff estimates that over a million dollars in savings could be realized. In addition, the added concerns involved with building the originally designed station would be eliminated. In redesigning the station, Staff will direct the consultants efforts such that the construction costs will not exceed 1.5 million dollars. CONSULTANT SELECTION PROCESS Six (6) firms were invited to submit proposals for the redesign effort. These firms were selected based on their previously submitted statements of qualifications and past experience with similar type projects within Orange County. The original design firm, Barrett Consulting Group, chose not to propose. The other five (5) firms submitted responses to the request for proposals. The firms were: AKM Consulting Engineers, ASL Consulting Engineers, Boyle Engineering Corporation, Civiltec Engineering Inc., and Dudek & Associates, Inc. A copy of the Request for Proposal is attached as Exhibit "B ". The written proposals were reviewed by the Public Works Selection Committee. The committee was comprised of the Utilities Manager, Utilities Engineer, Wastewater Superintendent, and the Utilities Administrative Analyst. On the basis of a detailed ranking of the various firms, the selection committee chose AKM Consulting Engineers as the most qualified firm to perform the required professional services to complete the pump station design. The numerical ranking of the selection committee and criteria is attached as Exhibit "C ". • • �J e Page 3 Section 5 (Little Balboa Island) Wastewater Pump Station Re- Design • Approve Professional Services Agreement March 25, 1996 A summary discussion of the detailed criteria used to evaluate the qualifications of the five engineering firms is also provided as an attachment to this report. Refer to Exhibit "D ". The key areas of review were: 1. Related Project Experience 2. Project Staff Assigned 3. Grasp of Project Requirements 4. Approach to Project Management 5. Proposed Project Schedule 6. Proposed Labor Breakdown The most highly qualified firm for this project was selected based on the listed criteria and their abilities demonstrated on other similar projects in the past. A key factor was their excellent performance on the design of Reach Nos. 1 and 4 of the Groundwater Development Project and past experiences with similar pump station projects. The firm of AKM Consulting Engineers has a team of well - qualified, technical professionals and designers who have extensive experience with similar wastewater pump station design and construction projects in Southern California. As a result, Staff believes that the consultant's team will be able to provide a high - quality, cost - effective, timely, professional design product and will coordinate efficiently with the City. • THE CONSULTANT'S SERVICES: The proposed Professional Services Agreement with AKM Consulting Engineers provides for: preparation of a preliminary design report; preparation of specifications; preparation of construction plans; written special provisions for project construction; and compilation of documents suitable for bidding and awarding a contract for construction. The negotiated not -to- exceed fee for the work proposed is $132,906, with charges to be based on the wage rates in their proposal. See attached Exhibit "A" for the location of the City's pump stations. STAFF RECOMMENDATION & FUNDING: If approved, the design effort can commence almost immediately. The goal is to complete the construction of the new pump station before expending major repair moneys or before a complete failure occurs. The Professional Services Agreement requires completion of the design plans and specifications by August, 1996. Construction of the new station could be complete by summer 1997. . Staff presented to the Public Works Committee at its March 8 meeting the concept of redesigning the pump station. The Committee concurred with Staffs recommendations. Page 4 Section 5 (Little Balboa Island) Wastewater Pump Station Re- Design Approve Professional Services Agreement . March 25, 1996 Funds are available for this design contract in the Wastewater Enterprise Fund under Capital Projects Account No. 7532- C5600100. Staff recommends approval. Respectfully submitted, P WORKS DEPARTMENT Don Webb, Director By: l.•- vn -v0.- chael J. Sinacori, P.E. Utilities Engineer M1S:tam Attachments: "A ": Pump Station location Map "B ": Request for Proposal "C: Proposal Evaluation Matrix "D ": Proposal Matrix Criteria . CJ { L l 0 pU - N� P c n U v a m a C as >o'- v� 'C2 C 0 0 C O VIN vi O - a C Ul O U 0 U O N u O H m D: Q O iJ t. I ;✓ �: E r E� c a c °c c u E o .c E u° 0 r O o O o N P o c o o° v '5 o o o 0 0 0 0 0 0 U) Q o X N v d -°1 �NN1YNmn mmOfNr�lO N t2 mOIONNNN N - O N 3 ) AL zi � � I i I I i I I { I m 0 0 REQUEST FOR PROPOSAL • PROFESSIONAL ENGINEERING SERVICES FOR THE REDESIGN OF SECTION 5 WASTEWATER PUMP STATION CONTRACT C -2975 PROPOSAL DUE DATE: FEBRUARY 29, 1996 Description and Location of Project The project design to be proposed on is part of the City's capital improvement program for wastewater facilities. The existing Section 5 Wastewater Pump Station is located within an existing alley west of fade Avenue on Balboa Island. The existing tation serves the easterly portion of Balboa Island and was constructed in 1948. The City of Newport Beach has determined that the existing pump station needs to be upgraded to meet the existing demands of the service area. The City had previously hired a design consultant, Barrett Consulting Group, to design a new pump station for the City. This proposed pump station was to include a redundant wet and dry well facility including pumps and redundant force mains. The plans were completed and ready for bid. Prior to bidding, the City determined that the cost of the new pump station was more than the City could expend at this time and new direction for the design would be required. Your firm is hereby requested to submit a proposal for engineering services to • redesign the Section 5 Wastewater Pump Station. The redesign effort will include reviewing the previous design prepared by Barrett Consulting Group and working with the City to design a new pump station that will meet the needs of the City with reasonable redundancy while remaining within the City's budget limitations. Your firm will be required to provide all the services outlined in this "request for proposals" and to meet all of the requirements of the scope of work described erein. Your work will include the review of the previous preliminary design report, construction plans and specifications prepared by Barrett Consulting Group; updating the preliminary design report; preparation of plans, specifications, cost estimates and phased construction schedule for the new pump station. The consultant shall assist the City in determining: the size of the wet and dry well, the size and number of pumps, and the number of force mains as a minimum. Each of these design issues will need to be evaluated relative to meeting the minimum design requirements for the facility, with reasonable redundancy while remaining within the City's budget limitations. Background The existing Section 5 Wastewater Pump Station serves the easterly portion of Balboa Island and was constructed in 1948. The City has determined that the existing pure station needs to be upgraded to meet the needs of the area. The City had previously hired a design consultant, Barrett Consulting Group, to design a new pump station for the City. This proposed pump station was to include a redundant wet and dry well facility including pumps and redundant force mains. The new pump station was proposed to be located within Jade Avenue north of the existing sea wall. The construction plans and specifications were completed and ready for bid. RFP -1 Exhibit "B" 0 0 • Due to the proposed pump stations close proximity of the existing structures to the east and west and the existing sea wall to the south, the cost to provide adequate sheeting and shoring in addition to the dewatering costs resulted in the proposed cost of the pump station to be more than the City could expend at this time. The construction plans and specifications for the proposed pump station are available for review upon request. The consultant is encouraged to review these plans and specifications rior to submitting their proposal. The City has decided to re- evaluate the needs for the new pump station in order to keep the proposed construction cost of the station within the City' budget limitations. Design Considerations A. The construction of the new pump station shall be done in such a manner so that the existing pump station is not impacted and sewer service is not interrupted. The intent of the previously prepared plans and specifications shall be reviewed and evaluated to be sure it is the most cost effective approach of addressing this design consideration. B. Perform utility research in order to verify existing utilities shown on the construction plans. City of Newport Beach will provide topography and survey control points as shown on the existing construction plans. C. Analyze the existing preliminary design report, construction plans and specifications prepared by Barrett Consulting Group to determine the minimum design requirements for the new pump station. • D. Evaluate various options to the proposed pump station to meet the requirements of the station with reasonable redundancy while maintaining within the City's budget limitations. This will include the following as a minimum: • Size of the wet well (no redundant wet well will be provided). • Size and number of pumps (evaluate the cost of two pumps with a third pump and motor provided in the contract verses sizing the dry well for a three pump assembly). • Number of force mains (evaluate the cost of the redundant force main). • Alignment options for the gravity sewer main if redundant force main is not required (eliminate gas line relocations if possible). E. Mechanical, structural, electrical and control system requirements shall be similar to the proposed design prepared by Barrett Consulting Group. However, the consultant's proposal shall include effort to review the proposed plans and specifications and provide the City with recommended revisions that could assist the City in keeping the construction cost within the City's budget limitations. These recommendations will be addressed during the preliminary design phase of the project. F. Electrical service shall be provided for the pumps as well as general operation at the pump station site. The consultant shall coordinate all electrical service requirements with the Southern California Edison Company. RPF -2 0 0 G. Site grading, drainage and paving improvement plans will be required. The . proposed construction plans show the level of detail and proposed improvements previously envisoned by the City. H. All construction drawings shall comply with the latest edition of the American Water Works Association Standards, the Uniform Building Code. Ci of New ort Beach Standards, where applicable and Standard Drawin s for Public Wor s Construction, latest edition, which incorporates the "GR ENBOOK" specifications titled, Standard Specifications for Public Works Construction, latest revision, as well as the applicable sections of the building, electrical, plumbing and fire codes, latest edition. Scope of Consultants Services A. Analysis and Review a. Meet with City staff to discuss improvements and gain an understanding of the City's philosophy regarding the operation of the proposed project. b. Analyze Barrett Consulting Group's preliminary design report, construction plans and specifications, evaluate existing conditions, review the project site and latest construction cost estimates. c. Prepare a protect design memorandum outlining the major design issues pertinent and necessary to redesign the pump station as agreed upon by Consultant and City prior to 50% design submittal. d. Update the previously prepared preliminary design report to reflect the • revisions made to the plans, as agreed upon with the City. B. Utility Research and Data Collection a. Consultant shall gather and review all available information and materials pertaining to the proposed pump station, including but not limited to: geotechmcal investigation reports, utility research, existing construction plans and flow data from the existing pump station as well as other pertinent information that will expedite the completion of this project. b. The City will provide topography and survey control points for the proposed pump station site. Consultant shall perform any additional survey work necessary for completion of the project. c. Consultant shall perform their own independent utility research and investigation to verify the information shown on Barrett Consulting Group's construction plans. C. Meetings and Coordination a. Meet periodically with City staff during the design process to review and discuss progress and coordinate courses of action. Make recommendations on site layouts, piping configurations, pump types and sizes, valves, electrical and mechanical equipment, etc. It is anticipated that a maximum of five (5) design meetings will be required. This does not include the initial project meeting, project submittal meetings, the pre -bid meeting or the preconstruction meeting. RFP - 3 • D. Construction Documents Prepare complete detailed construction plans, specifications, details and sections and cost estimates for the new pump station, including the building, piping, pumps, site work and all work necessary for installation. All plans and details shall be drawn at an appropriate scale to produce clear, accurate, easy to read drawings. Construction plans shall be complete and fully detailed as required by City staff and field personnel. All specifications and construction plans shall be subject to final review and acceptance by the City's Utilities Manager and Public Work's Director. b. The Consultant shall prepare the necessary lans in AutoCAD Release 11 or newer, and shall plot them on City standardpmylar sheets. Once completed, the original mylars of all approved drawings shall be submitted to the City together with all other bid documents. Project technical specification, special provisions and control bid documents shall be prepared in accord with the requirements of the City's design criteria. The consultant shall provide a copy, in Microsoft Word compatible format, of the special provisions and contract bid documents. c. The Consultant shall include as part of the proposal, preparation of traffic control plans and specifications. Traffic control plans and specifications shall meet requirements of the City of Newport Beach. E. Permits • a. The Consultant shall coordinate, administer, and apply for permit approval from the City of Newport Beach, including building, grading, public encroachment and any other applicable permits. Copies of the permits obtained for the proposed pump station are available for review upon request. b. The City will pay all permit fees and City staff will assist in processing plans for City issued permits. F. Construction Plans and Specification Review a. The City will require a number of submittals prior to approval and signature of the plans and specifications. Consultant's proposal fee shall include all meetings and submittals necessary for review and coordination ofthe project. The following list identifies key submittals and required design information for each. 1. 50% Design Review: Consultant shall, as a minimum, submit preliminary title sheet, second sheet (including vicinity map, location map, general notes and construction notes), preliminary civil, structural, mechanical, electrical, piping & instrumentation diagrams (P & ID's) and detail sheets as well as a preliminary cost estimate for the pump station. 2. 90% Design Review: Consultant shall, as a minimum, submit complete plans, a refined cost estimate and preliminary special provisions, as well as addressing the 50% design review comments. • IWI 7 3. 100% Design Review: Consultant shall, as a minimum, submit the final plans reflecting 90% design review corrections; a complete and detailed cost estimate on the contractor's bid proposal form (with cost estimate backup detail); complete (and bound) special provisions, contract documents and any appendices necessary for final approval. 4. Final Approval Review: Consultant shall submit final plans reflectin 100% design review corrections; complete (and bound) special g provisions, contract documents and any appendices for final approval and plan signature by the Utilities Manager and Public Works Director. 5. Approval of Plans: Consultant shall submit mylar originals with Consultants stamp and signature with original specifications. b. The City will advertise for construction July, 1996, which will allow time for bidding and contract execution prior to the necessary construction start date of September, 1996. To meet this schedule, the following milestones shall be incorporated into the Consultant's proposed project design and schedule: Notice to Proceed - March 11th, 1996 50% Design Review - April 26th, 1996 90% Design Review - June 7th, 1996 100% Design Review- July 3rd, 1996 Final Design Review- July 19th, 1996 c. Consultant is responsible for addressing all plan review comments at each of the formal submittals and informal coordination throu hout the plan preparation process. The City anticipates a period of two (2Z) weeks of plan review for each submittal. The City will require review meetings at each of the submittals described above, as a minimum. G. Construction Services a. Consultant shall provide construction staking for the Contractor. b. Consultant shall attend re -bid and pre- construction meetings and shall be available during the bicl process to respond to questions and resolve any discrepancies. c. Consultant shall provide not -to- exceed fee based on time and materials to review shop drawings submittals related to the design of this project. d. Consultant shall prepare final construction drawings, including revising the plans and project specifications, including any bid addendum. e. Consultant shall provide guidance and recommendations to the City with respect to the Contractor's general conformance to plans and specifications. This does not mean Consultant will be responsible for project construction inspection, but will instead be expected to provide some monitoring, and where appropriate, make field recommendations. ROUM 0 0 • 0 • f. Consultant shall include in his proposal a fee to prepare record drawings once project construction has been completed, based on Contractor furnished "Redline" construction plans. v The project schedule will not apply to construction monitoring, field change drafting or preparation of record drawings after construction has been completed. Language covering this matter will be made part of the "Professional Services Agreement" between the City and Consultant. Additional Responsibilities A. Consultant's proposal shall include a detailed list itemizing the tasks required to complete the scope of work outlined herein. Each task shall include a detailed estimate of man -hours required to complete each task. B. Consultant shall also provide a proposed project schedule depicting the time of completion for project design. The schedule shall include the number of calendar days required to perform each task and the total number of calendar days required to complete the entire project. The schedule should be coordinated with the design review dates shown above. C. Consultant will assign a responsible representative and an alternate to perform the assigned tasks. Both will be identified in the proposal. Consultant's representative will remain in responsible charge of all duties from contract negotiations through project completion. If the primary representative is unable to continue with the project, then the alternate representative will . become the primary representative. Any other changes in responsible 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 a breach of contract. D. Consultant shall provide a "Fee Schedule" outlining all applicable hourly rates and costs for services. The pro osal shall provide a breakdown of fees associated with each project task for every alternative. Consultant shall also submit a "not -to- exceed" fee total for the project, which shall include all work necessary to complete the project design. • E. 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. F. 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, as well as other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. G. The City will provide reproduction services for the project. RPF -6 • • t H. Consultant shall not be compensated for use of computers, office equipment, . hardware, software materials, in -house reproduction or mileage. Said costs are non - compensable. Time expended by Consultant's personnel on such equipment shall be paid on an hourly rate based on Consultant's fee Schedule. City's Responsibilities The City will provide the following to assist Consultant with the project: A. Plans and drawings, as are available and appurtenant to the proposed project. B. Topographic survey records and easement information as are available and appurtenant to the project. C. Preliminary design report, design criteria, hydraulic data and other technical information, as are available and appurtenant to the project. D. Existing operational records and flow data as are available and appurtenant to the redesign. E. Sample special provisions and the City's standard contract documents, as are available and appurtenant to the project. F. Blue'printing, CAD plotting, photocopying and other services through the Citys reproduction company. Consultant will be required to coordinate reproduction requests with the City's Project Manager. . G. The City shall be responsible for completing applications to obtain any required permits from other governing agencies. C� RFP -7 V C� 0 PROPOSAL CONTENT Related Project Experience Project Staff Assigned Grasp of the Project Requirements Approach to Project Management Proposed Project Schedule Proposed Labor Breakdown Total Weighted Score Rankings: 1 - Fair 2 - Average 3 - Good 4 - Very Good 5 - Excellent Professional Engineering Services Section 5 Wastewater Pump Station Re- Design AKM Consulting ASL Consulting Boyle Engineering Civiltec Dudek & Engineers Engineers Corporation Engineering Associates, Inc. 4.83 4.67 4.33 4.58 4.58 4.42 4.25 3.92 4.42 3.67 4.42 4.50 3.58 4.33 3.75 4.33 4.50 3.50 4.42 3.75 4.58 4.42 3.33 4.42 4.08 4.17 4.50 3.33 4.25 4.08 4.50 4.47 3.79 4.43 4.00 Exhibit "C" Weights 25.00% 25.00% 10.00% 20.00% 10.00% 10.00% SECTION 5 WASTEWATER PUMP STATION • RE- DESIGN PROJECT Evaluation Criteria Selection Matrix Discussion Summary: Proposals were received from five (5) of the six (6) firms that were requested to submit proposals for the subject project. These firms were selected based on previously submitted "Statements of Qualifications ", past experience working on similar projects and recent experience working with the City. The six (6) firms which were requested to submit proposals are listed below: 1. AKM Consulting Engineers (AKM) 2. ASL Consulting Engineers (ASL) 3. Barrett Consulting Group (BCG) 4. Boyle Engineering Corporation (BEC) 5. Civiltec Engineering, Inc. (CEI) 6. Dudek & Associates, Inc. (DAI) BCG declined to submit a proposal for the re- design of the pump station. The • proposals were reviewed by the Public Works Selection Committee and ranked based on the content of their proposals with respect to the following categories; related project experience, project staff assigned, grasp of project requirements, approach to project management, proposed project schedule and their proposed labor breakdown. Based on a complete analysis of the written proposals, the Committee deemed all five (5) proposing firms, AKM, ASL, BEC, CEI and DAI were capable of performing the work required by this project. In addition, each firm has past experience on similar projects. After careful review, the Public Works Selection Committee recommends that AKM be awarded the project. This recommendation is based on the quality of AKM's proposal with respect to the proposed scope of work, AKM's basis of the approach to the design, their overall project staff assignment, their recent project experience with similar pump station design projects within Orange County and their understanding of the importance of this project to the City. In addition, AKM has past experience working with City Staff on a variety of water and wastewater projects. A ranking matrix is attached. The following paragraphs describe the rationale behind each ranking in each category. • Exhibit "D" i Page 2 Section 5 Wastewater Pump Station Re- Design • Consultant Matrix Criteria Related Project Experience The proposing firms were ranked on recent project experience relative to engineering services for similar pump station projects within Orange County. Local experience with similar projects was a large element in determining the ability of the consultant to complete the assigned tasks. More weight was given to firms who had completed projects within Orange County and with a greater emphasis on projects in Newport Beach. Familiarity with standard construction procedures, local conditions and communication with other agencies was highly important. All five (5) firms provided information in their proposal on past projects with similar experience with pump station design and were determined, based on previous experience to be capable of performing the work. Project Staff Assigned The project staff and their respective qualifications are a key requisite for this project. The work experience of the individual professional staff members is vital to the success and efficiency of the effort to effectively oversee such an engineering project with the delicate intricacy of managing and coordinating this work effort with local residents. • In addition, the project team must work as one unit with City Staff towards completion of the project. Given the complex nature of this project, the experience and capability of the project team affects other key areas, such as the ability of the consultant to meet the required tasks and to provide efficient project coordination with the City. All five (5) firms had experienced key staff assigned to the project that have worked with the City on previous projects. However, AKM had the strongest project team proposed primarily because their previous work effort with City staff on recent projects. Grasp of the Project Requirements It is imperative for this project, since it is part of the City's Sewer Master Plan, that the full scope and extent of the work requested by the City be clearly identified and understood by the consultants in their written proposals. During the proposal process, all five (5) firms sought additional information from the City. They brought members of their proposed project team to meet with members of the Utilities Division Staff and /or the Selection Committee. In addition, during these meetings, the City interviewed each firm with respect to past experiences with similar projects, each firm's current workload and an . overall commitment to the project. Page 3 Section 5 Wastewater Pump Station Re- Design Consultant Matrix Criteria • From the written proposals, each firm demonstrated a reasonable understanding of the project requirements and the different components necessary for design and construction, including integrating the telemetry system with the City's existing system, coordination of the electrical service with South California Edison, coordination with local area residents and the construction schedule. The scope of work, as described in the Request for Proposal (RFP), is a major part of this project. This factor is important to the consultant's ability to effectively manage and organize the required tasks prior to construction, during construction and final project close out. Two (2) firms (AKM and ASL) demonstrated a good understanding of the control of time with respect to completion of the project, but AKM's proposal firmly incorporated the City's desire to complete this project in a timely fashion. Approach to Project Management The importance associated with the coordination and management that is required for the various aspects of this Project are vital for the project's success. It is mandatory that the successful firm provide a knowledgeable and competent project manager. Four (4) of the five (5) firms have proven project managers with direct • applicable and successful project management experience with design efforts on similar pump station projects and other projects for the City. AKM's project manager has had recent success in managing the design and construction of pump station facilities within a residential community. Proposed Project Schedule The project schedule is a critical component for this project. During the proposal meeting with each firm, it was discussed that each firm should look at the suggested schedule and make any recommendations for compressing the design schedule, so that the City can assure residents that the least amount of disturbance will be achieved. Each firm provided a recommendation for accelerating the design schedule based on reducing the number of pumps versus the use of submersible pumps. Proposed Labor Breakdown 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. This indicator is based on actual • hours from the consultant and does not take into account any sub - consultant costs proposed by each of the firms. AKM was clearly the consultant of choice. AGREEMENT FOR PROFESSIONAL SERVICES TO DESIGN OF THE SECTION 5 WASTEWATER PUMP STATION REPLACEMENT PROJECT THIS AGREEMENT, effective as of March 26, 1996, is entered into by and between the City of Newport Beach, a municipal Corporation, hereinafter referred to as "City", and AKM Consulting Engineers, a California Corporation, hereinafter referred to as "Consultant', with regard to the following: RECITALS: A. City owns a wastewater pump station referred to as Section 5 Wastewater Pump Station located on Balboa Island near the intersection of two alleys east of Jade Avenue and south of Park Avenue, and; B. City desires to replace the existing sewer pump station built in 1948, upgrading the station to better serve the needs of the community, hereinafter referred to as 'Project', and; C. City requires the services of a qualified, professional engineering consultant to provide and administer all of the listed services for the Project, and; D. City has solicited and received a proposal from Consultant for project services, as well as to provide certain other essential professional services, as outlined herein below, and; E. City has reviewed the previous experience and has evaluated the expertise of Consultant and desires to accept their proposal and; NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and understood that: • f v Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project GENERAL AKM Consulting Engineers, March 26, 1996 1. 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. 2. 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 and construction phases of the replacement project. Those tasks include the following: (1.) Analysis and Review a. Preliminary Design Report to present feasible options. b. Kickoff Meeting i. Collect existing data ii. Interview M & O staff iii. Review data c. Identify Alternatives for Evaluation d. Evaluate Each Alternative i. Identify space constraints ii. Construction techniques iii. Risks involved with each alternative iv. Utility relocation requirements v. Ease of future maintenance and construction costs 1] r Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26,1996 (2.) Construction Document Preparation a. Prepare complete detailed construction plans, specifications, details and sections and cost estimates for each element of construction. L All plans and details shall be drawn at the appropriate scale to produce clear, accurate, easy to read drawings. ii. Plans to be prepared in AutoCad, Release 12 and plotted on City standard mylars. iii. Special provisions and contract bid documents to be prepared in Microsoft Word compatible format. b. Constructions plans and specification review will be as follows: i. 50% Design: Consisting of preliminary title sheet, second sheet (including vicinity map, location map, general notes and construction notes), preliminary civil, structural, mechanical, electrical, piping & instrumentation diagrams (P & ID's) and detail sheets and a preliminary cost estimate for the pump station. ii. 90% Design: Consisting of complete plans, a refined cost estimate and preliminary special provisions. This submittal will address the 50% design review comments. iii. 100% Design: Consisting of final plans reflecting 90% design review corrections; a complete and detailed cost estimate on the contractor's bid proposal form (with cost estimate backup detail); complete (and bound) special provisions, contract documents and any appendices necessary for final approval. iv. Final Approval: Final plans reflecting 100% design review corrections; complete (and bound) special provisions, contract documents and any appendices for final approval and plan signature by the Utilities Manager and the Public Works Director will be submitted. V. Approval of Plans: Mylar originals with Consultant's stamp and signature with original specifications will be submitted to the City. (3.) Permits a. Consultant will coordinate, administer and apply for permit approval from the City of Newport Beach. Including building, grading encroachment permits. L Building permit to include coordination with the Southern California Edison Company for electrical service. 9 0 Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26,1996 (4.) Construction Services. a. Provide assistance to City during advertisement and bidding period by answering questions and assisting with the preparation of bid addendum as required. b. Attend pre -bid meeting and pre - construction conference. c. Provide construction staking. i. One set of stakes for each structure building at building corners, grade breaks, valves, fittings, manholes and other special locations. ii. All staking areas will be clear and ready for staking. iii. 48 hours notice required for staking requests. iv. Staking based on the vertical control system used in the design of the project. Based on a single move -in. d. Log, review and process all shop drawing submittals. e. Final construction drawings will include all bid addenda and be prepared on the final mylars. Project specifications will be similarly revised. f. Conformance Monitoring i. Provide guidance and recommendations to the City with respect to the Contractor's general conformance to plans and specifications. ii. Prepare a letter report to the City following each site visit. g. Record drawings will be based on Contractor furnished 'Redline" construction plans. 3. 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. Furnish plans and drawings as are available and appurtenant to the project, including plans for the pump station, influent sewers of the existing pump station, force main with elevations (at both ends), and the seawall construction plans. B. Furnish survey records and information as is available and appurtenant to the project. C. All flow measurement data, operation and maintenance records, pump curves, Geotechnical investigations /reports. • 0 Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26,1996 D. Aerial photographs. E. Provide blueprinting, CADD plotting, photocopying and other services through the City's reproduction company for each of the required design efforts, submittals and for bidding purposes. F. Prepare, distribute and mail all bid documents and addendum. G. Payment of all fees for permits and applications. H. Supplemental geotechnical services, if necessary. 4. OWNERSHIP OF DOCUMENTS A. Original drawings, 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. However, any use of completed deliverables or documents for purposes other than for this abandonment 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, prepared, or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior written approval by City, unless required by subpoena. B. Consultant may reserve the right to publish materials or reports related to the work performed or data collected under the provisions of this Agreement. The right to publish shall be at the sole discretion of the City and written permission must be obtained by Consultant from City on a case by case basis. Blanket publishing approval shall not be granted. C. Consultant is granted permission to show prospective clients reports and data which have been accepted by City as prepared under this Agreement. 5. 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 101 Pacifica, Suite 150, Irvine, California 92718. B. Consultant may terminate this Agreement after ten (10) days' written notice from Consultant to City notifying City of it's substantial failure to perform in accord with the terms of this Agreement, if the City has not corrected it's non- performance within that time. 9 0 Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26,1996 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. 6. SUBCONSULTANT AND ASSIGNMENT A. None of the services included in this Agreement shall be assigned, transferred, contracted or subcontracted without prior written approval of City. B. Neither Consultant nor City shall assign or transfer any interest in this Agreement, whether by assignment or novation, without the prior written consent of the other party; provided, however, that claims for money due or to become due Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to City. 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 one hundred and thirty -two thousand nine hundred and six dollars ($132,906.00), except as otherwise provided for herein below. B. PAYMENT & FEE SCHEDULE personnel hourly rates Principal.......................................................... ............................... $129.00 Sr. Associate ................................................... ............................... 113.00 Principal Engineer ......................................... ............................... 113.00 Associate......................................................... ............................... 105.00 Senior Engineer .............................................. ............................... 100.00 Project Engineer ............................................. ............................... 92.00 Associate Engineer ........................................ ............................... 78.00 Assistant Engineer ....................................... ............................... 66.00 Senior Designer /Senior CADD Technician ............................. 66.00 Designer /CADD Technician ....................... ............................... 59.00 Senior Draftsman ........................................... ............................... 55.00 Draftsman....................................................... ............................... 49.00 Engineering Aide .......................................... ............................... 40.00 Data or Word Processing ............................. ............................... 49.00 OfficeSupport ................................................ ............................... 40.00 Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26,1996 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. D. In addition to the fixed, not -to- exceed fee, the City agrees to reimburse Consultant for the actual cost (plus 10 %) for all outside expenses, including those for: reproduction for copies of plans, reports and related documents, material costs authorized in advance by the Project Manager for the City, and other reasonable expenses, where such costs have been advanced by Consultant and approved in advance by the City. (1.) Consultant shall provide written records (originals) of all expenses incurred, and shall report all hours expended in the performance of his duties and tasks on a monthly basis. City agrees to pay Consultant within thirty (30) calendar days receipt of said records and hourly summary. (2.) Consultant shall not be compensated for use of Consultant's equipment, hardware, software materials, in -house reproduction and mileage. Said costs are non - compensable. Time expended by Consultant's personnel on such equipment shall be paid on the basis of the Fee Schedule herein above. 8. ADDITIONAL SERVICES No change in character, extent, or duration of 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 thirteen thousand two hundred and ninety dollars ($13,290) shall require that an amended Agreement for such additional services be executed by the Consultant and City. 9. 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. Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26, 1996 10. INSURANCE A. On or before the date of execution of this Agreement, Consultant shall furnish City with completed certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance policies. Consultant shall use the City's Insurance Certificate form for endorsement of all policies of insurance. The certificates do not limit Consultant's indemnification, and also contain substantially the following statement: "The insurance covered by this certificate may not be canceled, non - renewed, except after thirty (30) days' written notice has been received by City. Coverage may not be reduced or otherwise materially altered without the same advance notice to City of such alteration. B. Consultant shall maintain in force at all times during the performance of this Agreement, policies of insurance required by this Agreement; said policies of insurance shall be secured from an insurance company assigned Policyholders' Rating of "A" (or higher) and Financial Size Category "VII" (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 coverage's: Liability Insurance General liability coverage shall be provided in the following minimum limits: Category Bodily Injury Property Damage Aggregate Limits 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 one million dollars ($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). Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26, 1996 D. Subrogation Waiver In the event of loss or claim of loss due to any of the perils for which it has agreed to provide general liability insurance, Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City on behalf of any general liability insurer providing insurance to either Consultant or City with respect to the services of Consultant, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. E. Additional Insured City, its City Council, boards and commissions, officers, servants and employees shall be named as an additional insured under all insurance policies required under this Agreement, except Errors & Omissions Insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; an additional insured named herein shall not be liable for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to City primarily, and to Consultant secondarily, if necessary. 11. WAIVER A waiver by City or Consultant of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein whether of the same or different character. 12. 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. 13. 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. • • Professional Services Agreement Section 5 Wastewater Pump Station Replacement Project AKM Consulting Engineers, March 26, 1996 14. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date above written: APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: yCi—ty 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 City of Newport Beach, a municipal corporation John Hedges, Mayor "City" AKM Consulting Engineers, a California Corporation Zeki Kayiran, Principal "Consultant" AKM Consulting Engineers 101 Pacifica, Suite 150 Irvine, California 92718 (714) 753 -7333 (714) 753 -7320 FAX 10 • OCT 2 7 Mt October 27, 1997 APPROVED Item Council Agenda Item No. 1-7 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACMENT. RECOMMENDATION A. Proceed with Contract award to Advanco Constructors of Upland, California, in accordance with the following 4 recommendations in the September 8, 1997, Council Report: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. ,%.3. Authorize the Mayor and City Clerk to execute a Professional Services ` Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract : No. -34-5e) to provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935) to compensate for additional engineering services to perform extra work beyond the original scope of work, for a fee of $56,343. or B. Reject bids and provide direction to staff on the redesign of the project. BACKGROUND At the September 8, 1997 City Council Meeting, staff submitted a report that recommended the award of the construction contract for Little Balboa Island Wastewater Pump Station Replacement - Section 5 (Park Avenue Pump Station) A copy of this staff reporr is attached as Exhibit "H ". The City Council delayed approval of SUBJECT: CONSTRUCTIONOFHE LITTLE BALBOA ISLAND (SECTION 5) WAS.ATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 2 this recommendation and directed staff to return to the City Council within 45 days • (October 27, 1997) with a conceptual plan and a proposed contract to upgrade the existing facility at the existing site with the same degree of reliability which the proposed station has without the one -hour storage facility, but with pump and power backup reliability. The pump station design engineer, AKM Consulting Engineers, has prepared a report that discusses three alternatives to the pump station in Park Avenue. Two of the alternatives utilize the existing buried wet/dry well structure. The third alternative considers a smaller new structure at Jade and South Bayfront alley without the one hour emergency storage. A copy of the summary report is attached as Exhibit "C ". Detailed discussion of each alternative occurs later in this staff report. This staff report will provide information on the following: 1. The existing pump station and its operational deficiencies. 2. A description of the Park Avenue Station to show how these deficiencies will be corrected and operational characteristics improved. 3. Description of methods for obtaining equivalent reliability to the Park Avenue Station. 4. Description of 3 alternatives. 5. Cost estimate comparisons. is 6. Presentation of the staffs recommendation. DISCUSSION OF THE EXISTING SECTION 5 WASTEWATER PUMP STATION The Section 5 Wastewater Pump Station pumps all of the sewage from Collins Island, Balboa Island and Little Balboa Island under the bay to a County trunk sewer main in Bayside Drive. The Section 5 Pump Station replacement is the number one priority in the City's Master Plan for Sewer Pump Station Improvements. The cost of replacement is funded from sewer users fees for the purpose of maintaining and replacing the sewer system. This pump station was constructed in 1924 when Balboa Island sewers were first installed. This 1920's station pumped the wastewater across the bay to an Imhoff tank where solid material settled out and the remaining wastewater was discharged into the bay after chlorination. The station was rehabilitated in the 1940's to upgrade pumps when a trunk sewer was constructed in Bayside Drive to tie -in to a system that conveyed sewage to a treatment plant near the Santa Ana River for disposal to the ocean outfall. Attached as Exhibit "D" are aerial photographs of Balboa Island during the 1920's and 30's which give a good perspective of the housing density during these periods. The existing pump station has several deficiencies that make the station a top priority in the City's Pump Station Improvement Program. These deficiencies are itemized below: f:\ groups \pubwo rks \98 -cou nc \oct- 27 \section5.doc SUBJECT: CONSTRUCTION OF* LITTLE BALBOA ISLAND (SECTION 5) WASTENIOR PUMP STATION REPOACEMENT. October 27, 1997 Page: 3 • 1. The wet well's 540 gallon capacity is too small to allow for the efficient use of the pumps without near continuous operation. The pumps turn on and off up to 15 times an hour caLlsing excessive wear on the pumps and m,,tors. Current systems are designed to cycle 5 or 6 times an hour. 2. The wet well has no emergency storage, which creates a high potential for sewage spills whenever there is a station failure. 3. The station has no by -pass pumping connection to permit utilization of portable pumps during station failure. 4. The station has no electrical hook -up to connect an emergency generator during power outages. 5. The access into the station is deficient in size and location for efficient maintenance and operation inside the station. 6. The electrical motors and controls are subject to failure during flooding of the alley. 7. There is not adequate, clear distance between the electrical control panel and pumping equipment to meet Electrical Code. 8. The inlet and outlet piping in the wet/dry well structure is badly deteriorated. 9. The concrete for the wet well structure has deteriorated and because original construction plans are not available, the impact of this deterioration can not be quantified and the remaining structure life is uncertain. 10. The location of the pump station at the T- intersection of two 15 -foot wide alleys makes it difficult to quickly access the station with the large equipment necessary to maintain and repair the station as well as to pump out the station in an emergency situation. 11. Any major repair operation requires that vehicular access to three homes be blocked. 12. The pumps and piping have deteriorated to the extent that replacement is necessary. DESIGN FEATURES INCLUDED IN THE PARK AVENUE PUMP STATION The Park Avenue Pump Station was designed to provide a wastewater pump station that eliminates the deficiencies inherent in the existing 1920's station and provide a reliable system to significantly reduce the potential for sewage spills on Balboa Island. The design features contained in the Park Avenue Pump Station are listed below: 1. The station's wet well overflow area was sized for one -hour peak flow emergency storage. 2. Submersible pumps and motors were included to allow for quick removal and replacement in case of failure. They also eliminate the need for a dry well and allow pumping operations to continue when street flooding occurs. 1 The wider street ir� zhis location improves equipment acce .:. for maintenance and operation which decreases time to restore operation when emergency shutdowns occur. f:\groups\p u bworks \98 -co u n c \oct- 27 \section5.doc SUBJECT: CONSTRUCTIONI&HE LITTLE BALBOA ISLAND (SECTION 5) WAS#ATER PUMP STATION REPOACEMENT. October 27, 1997 Page. 4 4. The larger wet well size increases the life of the motor and pump by reducing start • and stop frequency. 5. An above ground motor control panel is provided that prevents station failure during flooding conditions on Little Balboa Island. 6. The Motor Control Center (MCC) is furnished with a generator connection for use of a portable generator during a power outage. 7. The station is equipped with a by -pass pump connector to hook up portable pumps, should a station failure occur other than power outage, such as, force main break, mechanical malfunction, or MCC failure. PROVIDING EQUIVALENT RELIABILITY WITHOUT EMERGENCY STORAGE After Working Hours Emergency Response The main purpose of having the one -hour emergency storage during peak hour flows is to prevent sewer spills during station failure. There are 5 types of station failures listed here in the order of most probable occurrences: power outage, mechanical pump failure, pump inlet line blockage, motor control panel failure, or force main break. The emergency storage allows time for on -call duty personnel to respond and take corrective action to prevent sewage spills. During normal working hours the City's 9 man wastewater crew is available to respond to failures. During non - working hours there are 2 on -call duty personnel to cover both water and wastewater emergencies. On an average, after hours duty personnel can reach a site and assess the situation in 30 to 45 minutes from the time they leave their residence. Backup support to assist in an emergency response may take an hour to an hour and a half to arrive. Under peak hour flows when a station failure occurs, the sewer system will be at or near capacity and the only leeway the response crew has is the emergency storage in the wet well. This leeway allows the time needed to either, hook -up an emergency generator, hook -up a portable pump, or begin vactor operation to prevent a sewage spill. Dedicated Stationary Generator The addition of a deg icated stationary generator in the 3 alternatives in lieu of the emergency storage will handle any power outage occurrences. Response time is not a critical factor in this instance because the pumping continues as if nothing happened. The dedicated generaror would provide replacement power to avoid sewage spills until an emergency response crew arrives to monitor the station and permanent power is restored. The dedicated generator does not handle the other modes of station failures, which are mechanical pump failure, pump inlet line blockage, electrical controls f:\g roups \p u bworks \98 -cou nc \oct- 27\section 5.doc SUBJECT: CONSTRUCTION OF *LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27, 1997 Page: 5 • malfunction, or force main break. Four locations for a dedicated generator to serve the various alternatives have been evaluated: 1. Below around in the Park Avenue median ($586,200) This location would require an extension of the structure above the ground surface to prevent flooding. Shoring and dewatering is required which will cause the closure of Park Avenue between Crystal and Jade during construction. 2. Above ground on the vacant lot between 1810 and 1804 South Bayfront ($1.050,690) This location will require the construction of a 16 foot by 20 foot building to house the generator and Motor Control Center. In order to acquire the site necessary to place the generator building, the City would probably have to use eminent domain proceedings. The 22 foot by 27 foot parcel needed would significantly reduce the value of the bay front parcel and the estimate assumes a large severance damage. 3. Above around at the Jade Avenue and South Bayfront street end ($183,000) This location will require a building about 20 feet by 16 feet. Some bay views will be blocked and two parking spaces eliminated on Jade Avenue. 4. In Fire Station No. 4 at Park Avenue and Marine Avenue ($409.200) This location will require a 4 foot building expansion toward Park Avenue to modify one of the existing rooms at the fire station, which now houses a small generator. See Exhibit "A" for the pros and cons of the various generator locations. Additional Vactor Truck A pump station failure caused by the malfunction of mechanical and electrical controls, pump inlet line blockage, or force main breaks will require our response duty personnel to correct the problem to avoid sewer spills. The dedicated generator does not help in this situation. The emergency storage is the only measure to allow time to hook -up portable pumps and /or start the vactor operations. Without the emergency on -site storage, an additional vactor unit is needed to add to the capacity of the two existing vactors in order to keep up with the average sewage flow on Little and Big Balboa Islands. • Since emergency stc.rage is not being provided in any of the 3 alternatives, an additional City vactor truck would be needed to provide equivalent reliability. This pump station is one of 22 currently operated by the City. Staff must be prepared for more f:\groupskpubworks\98-counckoct-27\section5.doc SUBJECT: CONSTRUCTIONI&HE LITTLE BALBOA ISLAND (SECTION 5) WAS.ATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 6 than one pump station to fail at the same time. Currently the City has in its fleet two • vactor trucks equipped to service pump station wet wells. One of the City vactors has a capacity of 2,500 gallons and the other 1,000 gallons. The vactor truck should be able to make a round trip off the Island in 20 minutes with an emergency pumping connection installed at the Park Avenue and Jade Avenue intersection. The City's 2 existing vactors could transport 10,500 gallons per hour. If a third 2,500 gallon vactor was added 18,000 gallons per hour could be transported. Averaged over a 24 hour period, the sewage flow generation from the 3 Islands is 17,988 gallons per hour. The peak hour flow is estimated at 40,000 gallons. Using storage created by backing up sewage in the sewer mains, laterals and manholes (system surcharge), 3 vactors could keep the system from overflowing on a continuous basis. Utilizing 2 vactors and allowing for system surcharge, sewer spillage would occur at several locations within 4 hours. It can take 3 to 4 hours to arrange delivery of a tanker truck and have it ready to commence hauling sewage off the island to prevent a spill. The 2 vactor operation does not allow sufficient leeway to guarantee operation of tanker trucks before a sewer spill occurs. When the Little Balboa Island pump station fails during peak flow periods, there is approximately 38,000 gallons of storage in the pipes, manholes and laterals before an overflow occurs. This is the system storage between the Diamond Avenue pump station and the Little Island Station. During a peak hour flow this storage provides less than one hour to respond and take corrective actions. By turning off the Diamond Avenue pump station the system storage can be significantly increased to approximately 105,000 gallons for the 3 islands. The wastewater crews, as standard procedure, turn off the Diamond Avenue pump station when the Little Island pump station is off. Since it often takes 45 to 60 minutes to make the shut down at the Diamond station, an automatic control system for the 2 stations is needed to interconnect and allow coordination of the operation of the 2 stations. Utilizing a third vactor unit will allow the removal of enough sewage to keep up with the flows without the added 1 hour of storage. This is assuming that the Little Balboa Island station is the only station that has failed, and that the equipment and staff can be fully dedicated to this one station. A vactor has an initial cost of $175,000 and a 12- year life with an annual maintenance and replacement cost of $2,500 per month or $30,000 per year. Converting this annual cost, over the 50 -year life of the project to a present worth cost and assuming a 6% interest rate yields a maintenance and replacement present worth of $474,200. When added to the capital cost of $175,000 for a new vehicle, this equates to a total cost of $649,200. 0 f: \groups\pu bworks \98 -co u nc \oct- 27\sectio n 5. d oc SUBJECT: CONSTRUCTION OF* LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27, 1997 Page: 7 0 DISCUSSION ON THE 3 ALTERNATIVES TO THE PARK AVENUE PUMP STATION As directed by the City Council on September 8, 1997, City staff and AKM evaluated possible alternatives and developed 3 conceptual alternatives similar in reliability to the Park Avenue Pump S�ation. Each of these alternatives is without emergency storage. Two of the alternatives utilize the existing pump station structure and the third is a new replacement station at Jade Avenue and South Bayfront. Exhibit "E" shows the layout for each of these alternatives. For each of the alternatives there are options for the location of the dedicated emergency generator and the Motor Control Panel. See Exhibit "B" for the pros and cons of the alternatives and Park Avenue Pump Station. Alternative No. 1 - Wet Well - Dry Well System Utilizing the Existing Structure This alternative involves refurbishing the existing structure by removing and replacing deteriorated concrete, replacing all piping, electrical and mechanical equipment, and constructing a dedicated emergency generator and an above ground motor control panel. The roof of the structure would be removed and a new one constructed to provide improved access to both the wet well and the dry well. Due to the small size of the dry well structure that houses the pumping equipment, only • 2 pumps can be installed. A 2 -pump operation will require frequent pump starts and stops, which can cause premature wear and tear on the pumps and motor and, as currently exists, increase the potential of failure. There is inadequate space to install a third pump low flow to eliminate the problem of excessive start/stops. This problem can be partially mitigated with the addition of specialized motor speed controls which will be more difficult to maintain. Testing was done on the condition of the existing concrete structure. The test results regarding the strength of the concrete showed the concrete to be adequate. However, corrosion and deterioration has eroded about 'Y2 inch of the concrete walls. The concrete shelf that maintenance workers stand on to clean the wet well is deteriorated to the extent that it may collapse and must be removed. The integrity of the structure remains uncertain because there is no means of performing a test to determine the extent of any corrosion on the reinforcing steel. Overall, this structure appears to have some life remaining. The Motor Control Panel, which is approximately 10 feet wide by 6 feet high and 2 feet deep can be located at one of three above ground locations. One location is at the end of the alley by East Bayfront. Another location is inside the generator building on the vacant lot. The third location is in the generator building at the end of Jade Avenue at South Bayfront. An emergency pumping connection has been provided at Park Avenue and Jade Avenue to eliminate the need to back vactor trucks or tanker trucks down the alley. f:1g ro u ps \p ubworks \98 -cou n cdoct- 27\section5.doc SUBJECT: CONSTRUCTIONI&HE LITTLE BALBOA ISLAND (SECTION 5) WAS.ATER PUMP STATION REPOACEMENT. October 27, 1997 Page: 8 Under present conditions, the alleys are so narrow that crews must back the vactor trucks or tanker trucks down the alleys to haul off sewage whenever this station fails. This new pumping connection will allow vactor trucks or tanker trucks to stop at Park Avenue and Jade Avenue to load up and exit Balboa Island for dumping and return without the delays caused by backing these large trucks down alleys. The emergency pumping connection requires the construction of a force main pipe from the pump station in the alley to Jade Avenue and then to the Park Avenue intersection. To facilitate the construction work, the contractor must install a temporary bypass pumping system which must operate on a 24 hour basis for several months. During this time there may be some increased noise level from the temporary pump. This system would be installed in Jade Avenue with a force main connection at East Bay Front. The engineering analysis lists numerous disadvantages for this alternative primarily due to the space limitation in the dry well and the inadequate wet well capacity. Based on these disadvantages, this alternative can not be considered to have the same reliability as the pumping system designed for Park Avenue. A large enough structure to provide adequate size wet well can not be built in the 15 foot wide alley without endangering the adjacent structures. Alternative No. 2 - Submersible Pumps /Motors in the Existing Structure 0 This alternative involves installation of submersible pumps /motors. The benefit of submersible pumps /motors is that they can be completely submerged and still function without failure. This is an advantage in flood prone areas such as Balboa Island. Submersible pumps /motors are designed to be cooled by periodic submergence. The configuration and size of the existing structure does not permit the required submergence which %',I" result in shorter service life of the puma: motors. A valve vault structure will need to be constructed east of the existing station to isolate the pumps during service and repairs. The other facilities necessary for this alternative are the dedicated emergency generator, motor control panel, emergency pumping connection, and the temporary by- pass pumping system which are the same as in alternative No. 1. The engineering analysis lists numerous disadvantages for this alternative primarily due to the lack of an adequate wet well depth within the existing structure. Based on these disadvantages, this alternate can not be considered to have the same reliability as the pumping system designed for Park Avenue. Deepening the structure in the 15 foot wide alley can not be done without endangering the adjacent structures. is f:\ groups \p u bworks \98 -cou n c \oct- 27 \section5.doc • SUBJECT: CONSTRUCTION 04 LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION REPOACEMENT. October 27, 1997 Page: 9 Alternative No. 3 - Replacement Submersible Pump Station in Jade Avenue at South Bayfront Although this alternative was not requested, it has been included to show what a new station without emergency storage would involve. This alternative uses a properly sized wet well without the emergency peak hour storage. The station at this location would have submersible pumps /motors in a new structure designed especially to accommodate the operational requirements for a submersible pumping system. The other facilities necessary for this alternative would be the same as alternative No. 1 with the exception of the temporary by -pass pumping system. The construction of the structures would require the same sheet piling as the Park Avenue Pump Station. The adjoining residents would probably be impacted to a greater extent because of the 65 foot depth to bedrock rather than the 35 foot depth at the Park Avenue Site. A pumping system provided in this alternative is comparable to the Park Avenue station and would be as reliable with an equivalent design life, in conjunction with a dedicated stationary generator anJ an additional vactor truck.. COST COMPARISON OF ALTERNATIVES: Cost estimates were prepared by AKM for the three alternatives utilizing the bids received on the Park Avenue Pump Station. These estimates are based on the conceptual level site plans without preliminary engineering and are considered to be rough order of magnitude numbers. The estimates for each alternative includes the dedicated generator, an additional vactor truck and design costs for preparation of new plans and specifications. Table 1 shows the breakdown of these cost components by item (i.e. Base cost, generator, vactor truck, and engineering). As would be expected, each alternative has four different estimates for the generator because there are four locations where the generator can be installed. Therefore, each alternative would have a range for its total estimated cost, which varies depending on the selection of generator location. A summary of this range in total estimated cost for each of the alternatives is shown below: Alternative No. 1 Wet Well /Dry Well in Existing $1,756,392 to $2,624,082 Structure Alternative No. 2 Submersible in Existing Structure $2,020,845 to $2,888,535 Alternative No. 3 New Submersible Station in Jade $2,214,753 to $3,082,443 -venue at South Bayfront f:\groups\pubworks\98-counc\oct-Z7\section5.doc SUBJECT: CONSTRUCTION *HE LITTLE BALBOA ISLAND (SECTION 5) WASTER PUMP STATION , REPOACEMENT. October 27, 1997 Page: 10 The contract bid price submitted by Advanco for the Park Avenue Station is $1,665,150. STAFF RECOMMENDATION In the staffs opinion, the Park Avenue Pump Station should be selected over the three alternatives based on economics, service life and operational efficiency. While the alternatives come close to providing equivalence in reliability, the existing structure alternatives fall short in correcting the wet well deficiency, the accessibility problem as well as the workspace limitations and project longevity. The engineering analysis for Alternatives 1 and 2 shows that they do not meet the "as reliable" requirements requested by the City Council. The Jade Avenue submersible pump station with the permanent generator and extra Vactor truck could be considered "as reliable ". Exhibits "F and G' are two recent letters of support received from the Little Balboa Island Property Owners Association and the Balboa Island Improvement Association. If the construction contract is awarded to Advanco at this meeting, the station can be completed prior to June 1998. Should the City Council elect not to award the contract for the Park Avenue Pump • Station, the Public Works Committee can work with staff and provide direction on which alternative to proceed with on the redesign. The redesign, permitting and construction will postpone the project for at least 6 to 8 months and construction would not be completed prior to the Spring 1999. Respectfully su ed, P'r�CIC WORKS DEPARTMENT DON WEBB, DIRECTOR by: Eldon G. Davidson, P.E. Utilities Manager Exhibits: Table 1 - Cost Summary for Alternatives Exhibit A - Pros and Cons for Generator Locations Exhibit B - Pros and Cons for Alternatives Exhibit C - AKM Summary Report on Alternatives. Exhibit D - Aer:ol Photos of Balboa Island Exhibit E - Site Plan for Alternatives Exhibit F - Little Balboa Island Property Owners Association Letter Exhibit G - Balboa Island Improvement Association Letter Exhibit H - September 8, 1997 City Council Staff Report ( In green) f:\groups\ pubworks\98-counckoct-27\section5.doc September 8, 1997 CITY COUNCIL AGENDA A f i ITEM NO. 15 TO: Mayor & Members of the City Council FROM: Public Works Department SUBJECT: AWARD OF CONTRACT (CONTRACT NO. 2975) CONSTRUCTION OF THE LITTLE BALBOA ISLAND (SECTION 5) WASTEWATER PUMP STATION REPLACEMENT RECOMMENDATIONS: 1. Approve the Plans and Specifications for the construction of the Little Balboa Island (Section 5) Wastewater Pump Station Replacement (Contract No. 2975). 2. Award Contract No. 2975 to Advanco Constructors of Upland, California in the amount of $1,665,150, and authorize the Mayor and City Clerk to execute the contract on behalf of the City. 3. Authorize the Mayor and City Clerk to execute a Professional Services Agreement on the behalf of the City with Daniel Boyle Engineering, Inc. (Contract No. 3156) to provide construction management services related to the Little Balboa Island Pump Station Replacement Project for a fee of $177,912. 4. Authorize the Mayor and City Clerk to execute an Amendment to the Professional Services Agreement with AKM Consulting Engineers (Contract No. 2935) to compensate for additional engineering services to perform extra work beyond the original scope of work, for a fee of $56,343. BACKGROUND: The Section 5 Wastewater Lift Station is located on Little Balboa Island. (See Exhibit "A" for the location of all of the City's pump stations.) This pump station was constructed in the 1940's when Balboa Island was less developed and its sewer load was considerably lower than today. The station operates over capacity during peak flow demands, and the Utilities Wastewater staff is put on alert during these times in case the station fails. If a failure should occur, staff would then use the City vactor equipment to transport wastewater off the island. The current station does not have any other bypass capabilities. The 50+ year -old station has operated beyond its design life. The pumps are wom, obsolete, inefficient, undersized and unreliable. Many of the components of the station do not meet current state mandated codes and standards. 0 r Page 2 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 PROJECT DESCRIPTION: Contract No. 2975 will provide for the construction of a waste water pump station utilizing submersible pumps installed in a wetwell with sufficient capacity to provide one - hour emergency storage at peak flows. The pump station will be installed on Little Balboa Island in the center of Park Avenue between Jade Avenue and East Bay Front. A sewer line and force main will be constructed in Jade Avenue to connect the new pump station with the existing sewer and force main in the alley parallel with South Bay Front. The pump station will be below the pavement surface except for a control panel (in the sidewalk area) and vent pipes (in the median). A site plan and location map is attached. The estimated time of completion for the project is 255 calendar days (8 -1/2 months). The project specifications require the contractor to complete the work within this time frame, which will allow completion prior to the 1998 summer season. In addition, an incentive bonus /penalty amount of $2,000 per calendar day is included in the project contract documents to further enhance the chances of on -time or early completion, which will further minimize disruption to the community. The bonus is $2,000 per calendar day if the contractor completes the project early. There is also a $2,000 bonus incentive for completing work within Jade Avenue in less than 30 calendar days. Over the last six months this project has been discussed with the Public Works Committee multiple times. Most recently the project was reviewed at the July 28th , August 14th and August 25th Committee meetings. There was public input on the project at each of these meetings. The attached August 25th Public Works Committee report (Exhibit "B ") describes how the contractor will handle a number of issues raised by residents on Little Balboa Island. At the conclusion of the August 25th meeting, the Committee endorsed staff's recommendation to award this project and requested that the item be forwarded to the City Council for consideration. Exhibit "C" is from the July 28th Public Works Committee meeting and lists reasons for siting the pump station on Park Avenue. COMMUNITY INVOLVEMENT: Over the past 3 to 4 years, Utilities and Public Works staff have given presentations to and met with both the Little and Big Balboa Island Associations on numerous occasions. Alternatives and design concepts were discussed at these meetings. Dottie Lewis, who lives on Park Avenue next to the proposed pump station, has submitted a petition with 75 signatures (letter and one page attached, Exhibit "D "). This petition indicates the Islands are built out and that the proposed station exceeds the needs of the Island. It is suggested that the existing station be enlarged or reworked • Page 3 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 and upgraded. If the large station is needed, the house at 106 Jade Avenue should be purchased and converted to a park with the station below it. James E. Munroe, who lives next to the existing pump station has submitted a letter (Exhibit "E ") with 21 signatures. This letter supports the Park Avenue pump station location. PROJECT BIDS: At 2:00 p.m., on August 12, 1997, the City Clerk opened and read bids for this project. A total of two (2) bids were received from the thirteen (13) prequalified contractors. The lowest responsible bid was 9.2% above the Engineer's Estimate of $1,524,666. The bids from the pre - qualified contractors are listed below. A more detailed itemized bid summary is attached as Exhibit "F ": Rank Contractor /Bidder Total Bid Price low Advanco Constructors $ 1,665,150 2 Pascal & Ludwig Engineers $ 2,441,172 The following companies declined to bid on the subject project: Caliagua Inc. Gateway Pacific JW Contracting Kiewit Merco Construction Nationwide LOW BIDDER: Mladen Buntich Construction Nielsen Dillingham J.R. Filanc Construction SSC Construction Vadnais Corporation Advanco Constructors of Upland is a qualified general contractor licensed to do business in California. This company has successfully completed similar projects for other public agencies and municipalities throughout Southern California. The firm has a solid reputation in the water and wastewater construction industry and has a significant amount of experience with similar projects. Prior to recommending the award of the contract, Advanco project team members were interviewed and their qualifications reviewed. After the meeting, staff was satisfied that the contractor was qualified and capable of performing the required work. The assigned project manager has more than twenty-seven (27) years of experience and the project superintendent has over twenty-six (26) years of experience. In addition, a project engineer will be assigned to assist in the day -to -day operation. 0 0 i Page 4 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 Reference checks on their recent projects revealed favorable comments as to their ability to perform the work safely and in an efficient manner. The contractor has recently worked for the cities of Del Mar and San Diego, County of Orange, and the County Sanitation District of Orange County. In many agencies' opinion, Advanco is one of the best contractors they have worked with. The insurance policies and bidder's bond submitted by the contractor will meet the City's requirements. Insurance Companies affording coverage and sureties issuing bond's shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accord with the latest edition of Best's key Rating Guide: Property-Casualty. London based or off -shore insurance companies will not be accepted. PROJECT CONSTRUCTION MANAGEMENT: In order to effectively administer the construction contract, the City is proposing to hire an engineering firm to perform public relations, construction management, inspection and contract administration services. The construction manager will oversee the day - to -day construction activities related to the pump station and coordinate with residents and businesses on both Little and Big Balboa Islands during the next year. 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, conduct weekly contractor meetings, and prepare all documentation for contract administration and progress payments. In addition, they will coordinate all community and business coordination meetings and will also be the main contact for any complaints or claims. From a schedule standpoint, it is important to note that the construction manager will assist the City in a number of tasks that will occur prior to the actual commencement of the pump station construction. Examples of these tasks include setting up communication and reporting procedures, preparing a number of tracking forms and scheduling controls, establishing shop- drawing review procedures, coordinating the pre - construction meeting and a number of other tasks. As such, it is important to understand that the construction manager needs to be involved in the project when the City awards the construction contract. The construction management consultant selection process was conducted consistent with state law and City policy for "qualifications-based selection" (QBS). Five firms submitted responses to the request for proposals. The firms were: Daniel Boyle Engineering Inc., Dudek & Associates, Inc., Moffatt & Nichols Engineers, Robert Bein, William Frost & Associates and Sverdrup Corporation. The written proposals were reviewed by a selection committee. On the basis of a detailed ranking of the various firms and interviews with three of the firms, the selection 0 9 Page 5 Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 committee chose Daniel Boyle Engineering Inc., as the most qualified firm to perform the required construction management and professional services for the project. The detailed criteria used to evaluate qualifications of all the engineering firms considered the following key areas: 1. Proposal Content 4. Project Team 2. Project Understanding 5. Project Management 3. Project Experience 6. Project Public Relations Approach The firm of Daniel Boyle Engineering, Inc., has a team of qualified, technical professionals, construction managers and inspectors who have extensive experience with similar water and wastewater pumping facilities. Upon selection of Daniel Boyle Engineering, a separate meeting was held to review the proposed scope of work and negotiate a fee. The proposed Professional Services Agreement with Daniel Boyle Engineering Inc., provides for a comprehensive set of professional level tasks to administer and inspect the project. 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 fee amount of $177,912. The specific work tasks and responsibilities are further enumerated and detailed in the agreement, which is attached as Exhibit "G ". if approved, the construction management consultant will start work and handle tasks related to the implementation of the wastewater pump station replacement contract. PROJECT DESIGN EFFORTS: AKM Consulting Engineers was hired in March 1996, for a fee of $132,906. The project schedule, included in their contract, indicated that the project would be designed over a 20 week period. Due to design concerns raised by the residents, this effort extended over 65 weeks. Many issues addressed during the design period were not originally envisioned in AKM's proposed scope of work in March 1996. The original project scope estimated 28 sheets of construction drawings. At the conclusion of the design effort in June, 36 sheets were required. Based on the expanded scope of work, primarily related to providing additional information and design to answer the concerns of impacted residents, it is recommended that the AKM fee be increased by $56,343 to cover the extra work they performed. CONCLUSION: The existing substandard 50+ year -old station is inadequate and needs to be expanded to provide emergency storage capacity to avoid potential sewage overflows into streets and homes. The Little Balboa Island Community, in general, supports the replacement of the facility. An extensive community information process has been used to discuss • • Page 6, Little Balboa Island Wastewater Pump Station Replacement Award of Contract No. 2975 September 8, 1997 designs and issues with the residents. The Public Works Committee on three occasions since July 28th has received input from residents and at their August 25, 1997 meeting supported the staffs recommendation to go forward with the much needed project and award the Contract to Advanco Constructors of Upland, California. The funds required for the construction contract, Construction management and design costs are budgeted in the Wastewater Enterprise Fund Capital Project No. 7532 - 05600100 -Sewer Pump Station Master Plan Improvements. Respectfully submitted, a) PUBLIC WORKS DEPARTMENT Don Webb, Director Michael J. Sinacori, P.E. Utilities Engineer MJS:tam Attachments: Exhibit "A ": ... City Wastewater Pump Stations, location map and site plan. Exhibit'B'....August 25, 1997 Public Works Committee Report. Exhibit 'C' .... July 28"' Public Works Committee Report. Exhibit'D'....Lewis Letter and Petition. Exhibit 'E'....Munroe Letter and Petition. Exhibit 'P .... Bid Summary. Exhibil'G..... Professional Services Agreement.