HomeMy WebLinkAboutC-3105 - East Newport Heights Relief Storm Drain, Dover Drive Phase I, Consultant Agreement9
CONSULTANT AGREEMENT
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EAST NEWPORT HEIGHTS RELIEF STORM DRAIN, PHASE 1
DOVER DRIVE
CONTRACT NO. C -3105
THIS AGREEMENT, entered into thiso � -,, day of 1996, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and Dewan, Lundin & Associates whose address is 12377 Lewis Street, Suite
101, Garden Grove, CA 92840, (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. The principal members of Consultant are Surender Dewan, P.E., and
Walter F. Lundin, P.E.
C. City desires to engage Consultant to provide professional engineering
design services for the East Newport Heights Relief Storm Drain Phase 1,-Dover Drive,
upon the terms and conditions contained in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The Term of this Agreement shall commence on the2% day of Nove mbe r
19% and shall terminate on the 28th day of February, 1997, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Consultant's September 3, 1996
Proposal, including the project description, understanding the project and project
approach all marked Exhibit "A ", attached hereto and incorporated herein by this
reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "B ", attached hereto and
incorporated herein by this reference. The maximum fee shall not exceed $26,000.00.
4. STANDARD OF CARE
All of the work 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. The Consultant shall be
responsible to City for any errors or omissions in the execution of this Agreement.
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.
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5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the 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 express terms of this Agreement. No civil service status or other right of
employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
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
The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated Surrender Dewan P.E. to be its Project Manager.
8. TIME OF PERFORMANCE
The tasks) to be performed by Consultant shall be in accordance with the
Tenative Design schedule specified in Exhibit "C ". Consultant shall receive no additional
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compensation if completion of its obligation under this Agreement requires a time greater
than as set forth herein, unless such extension is caused solely by the conduct of the
City. Each party hereby agrees to provide timely notice to the other of any violation
occurring under this Section and the cause thereof.
9. 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.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
11. 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.
12. HOLD HARMLESS
Consultant agrees to 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, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
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Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
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 attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
13. INSURANCE
Without limiting Consultant's indemnification of City, 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
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies, with the
exception of Professional Errors and Omissions, shall add as additional insured the City,
its elected officials, officers and employees for all liability arising from Consultant's
services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
city certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
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City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise
approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and principals of
the 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.
D. Professional errors and omissions insurance which covers the services to
be performed in connection with this Agreement in the minimum amount of One Million
Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either party, or reduced in coverage or in limits
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.
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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.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in 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, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
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.
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15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The Public
Works Director or his /her designees shall be considered the Project Administrator and
shall have the authority act for the City under this Agreement. The Project Administrator
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or his /her authorized representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
19. EXTRA WORK
Consultant shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "B." All extra work must
be authorized in writing by the Project Administrator and Consultant shall not be entitled
to extra compensation without authorization.
20. RECORDS
Consultant shall keep records and invoices in connection with its 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.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "B" hereof. Each invoice will be
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itemized. Each invoice shall show the number of hours worked per person /consultant
and the nature of the work performed.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a
monthly invoice unless City disputes the amount Consultant claims is owned under this
Agreement.
24. 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
its 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. The determination of the City Manager
with respect to such matter shall be final. 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.
25. ERRORS AND OMISSIONS
In the event that the Project Administrator determines that the Consultant's
negligence, errors or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors or omissions in the plans or contract specifications, Consultant shall
reimburse City for the additional expenses incurred by the City including engineering,
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construction and /or restoration expense. Nothing herein is intended to limit City's rights
under any other sections of this Agreement.
26. TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to Consultant upon final adoption of the
work by the Mayor and City Council. The City reserves the right to refuse to pay all
billings requesting amounts in excess of ninety percent (90 %) of the total compensation
provided herein until the project is completed and adopted as specified above.
27. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
29. 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 foreseeable be materially affected by the work
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performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeable 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 the City. The Consultant shall indemnify and hold harmless the City for
any claims for damages resulting from the Consultant's violation of this Section.
30. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by this
Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
31. 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 second business day after the deposit thereof in the United States
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Marla L. Matlove. P.E.
OVA
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Dewan, Lundin, & Associates
12377 Lewis Street, Suite 101
Garden Grove, CA 92840
Attention: Surender Dewan. P.E.
32. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant 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 Consultant fails to give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
33. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for 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 attorneys' fees.
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34. COMPLIANCES
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Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
35. WAIVER
A waiver by City 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.
36. 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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written
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ATTEST:
CITY CLERK
APWO .E �S TO FORM:
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CITY ATTORNEY
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CITY OF NEWPORT BEACH
A Municipal Corporatip
By:
PTJBLIC WORKS DIRECTOR
CONSULTANT
By: Su�lreu Cie( "bewaw
DEWAN, LUNDIN, & ASSOCIATES
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PROJECT DESIGN
PROJECT DESCRIPTION
■ UNDERSTANDING OF THE PROJECT
■ PROJECT APPROACH
EXHIBIT A
PROJECT DESCRIPTION
The proposed project area is Dover Drive from Pacific Coast Highway to a point located
approximately 900 feet north of Dover Drive's intersection with Cliff Drive and then westerly
approximately 1,000 feet in an existing 20 foot wide storm drain easement 500 feet west
of the southeast corner of the Harbor Union High School.
The project includes installation of an underground system and appurtenances, including
junction structures, inlet structures, etc., in the project area. The total length of the
proposed system is approximately 2,700 linear feet.
Services to be provided by DI.A under this proposal encompass a full range of engineering
services. These services include:
■ Utility Search1Coordination
■ Design Survey
■ Geotechnical Investigations
■ Hydraulic Analysis
■ Preparation of Storm Drain Plans
• Estimate of Probable Costs
■ Project Specifications
■ Bid Package
■ Construction Survey (if required)
■ Preparation of "As- Built" Plans
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UNDERSTANDING OF THE PROJECT
Dover Drive within the limits of the project area is a four (4) lane divided highway, a
minimum of seventy eight (78) feet from curb to curb. Concrete curb and gutter and
sidewalk exists on both sides of the street.
A drainage study conducted by UMA Engineering, Inc. for the City in June of 1995 for the
East Newport Heights area evaluated the existing system, identified the hydraulic
deficiencies and recommended drainage improvements to mitigate the deficiencies.
The drainage area as indicated in the study is bounded by 15th Street on the south, Santa
Ana Avenue on the west, 17th Street on the north, and Dover Drive on the east. Storm
drain flows are generated by five separate drainage areas which drain to five separate
drainage facilities. These existing drainage facilities are identified in the report as lines
"A" through "E ". The total area contributing is approximately 294.00 acres.
The existing storm drain system located in the project area to drain the run -off from the
project area consists of:
a) An existing 60 -inch diameter R.C.P. storm drain from Pacific Coast Highway
to Cliff Drive;
b) An existing 54 -inch diameter R.C.P. from Cliff Drive to 900 feet north and
then westerly to the southeast corner of Harbor Union High School. The
drainage system continues westerly as a 51 -inch diameter R.C.P.;
C) An 18 -inch diameter R.C.P. storm drain lateral which ties into two catch
basins located at the intersection of Cliff Drive with Dover Drive.
In addition there are other storm drains in the project area belonging to CALTRANS
located along both the easterly and westerly side of Dover Drive. These storm drains
outlet independently and are not tied to the system under consideration.
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It is the intention of the City to construct the proposed improvements to mitigate the
deficiencies in three phases.
The proposed improvements under Phase 1 have been identified as Line "D" and portions
of Line "E ". Line "D" terminates at the downstream outfall to upper Newport Bay located
at the northeast corner of the Pacific Coast Highway and Dover Drive intersection. See
Plate 1 for proposed Line "D" and "E ".
The drainage report indicates that Line "D" and Line "E" have to be designed for a 25 year
storm event. This is in keeping with the City's design criteria which states that lines
accepting flows from areas greater than 100 acres are to be designed for a 25 year storm
event.
Table 1 of Plate 1 indicates the total flow capacity of existing storm drain system in the
project area and excess flow to be handled by proposed drainage system, as determined
by LIMA Engineering, Inc.
The study recommends and it is the City's intention to construct a parallel pipe system to
handle the excess flow. The system is to be designed to handle excess flow in an open
channel condition. The tentative size as indicated is 42- inches.
A review of the existing plans obtained from the City indicates the presence of the
following utilities:
1. Dover Drive:
a) A 15 -inch sewer main located west of street centerline;
b) A Pacific Telephone conduit located east of street centerline;
C) City of Newport Beach 24 -inch water main located east of street centerline;
d) An existing storm drain system varying in sizes from 60- inches to 54- inches
along the easterly curb;
e) A 6 -foot by 3 -foot R.C. Box across the street approximately 900 feet north of
10 Cliff Drive.
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2. 20 -Foot Wide Storm Drain Easement:
a) A 54 -inch diameter storm drain.
There are no other utilities located in this easement.
Based on the preliminary review it appears that the proposed storm drain will be located
easterly of existing storm drain on Dover Drive and north of existing storm drain in the 20-
foot wide easement.
A review of the existing utilities indicates that the construction of proposed 42 -inch R.C.P.
(tentative) storm drain system "E" as indicated on Plate 1 across Dover Drive may conflict
with City of Newport Beach 24 -inch water main and Pacific Telephone conduit. In the
event of a conflict, the proposed 42 -inch diameter storm drain may be replaced with an
equivalent size reinforced concrete box. Preliminary indications are that this water main
is approximately six (6) feet deep. The existing 15 -inch V.C.P. sewer should not conflict
with the proposed alignment.
There may be other utilities located in the project area belonging to:
a) Southern California Gas Company
b) Southern California Edison Company
c) Comcast Cable Vision
d) Community Cable Vision
As discussed with Marla Matlove, P.E., Senior Civil Engineer of the City, the scope of work
includes pipe hydraulics based on storm run -off as established by UMA Engineering's
Drainage Report.
A preliminary review of the site area and reports indicates that the project area is underlain
by fill, alluvium, and terrace deposits.
Construction of proposed improvements in Pacific Coast Highway's right -of -way will
require coordination of plan review, approval and encroachment permit from CALTRANS.
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PROJECT APPROACH
1. PRELIMINARY DESIGN DEVELOPMENT
■ In a consultation meeting with the City, the scope of work, procedure for the
project and the precise limits of the project improvements will be reviewed.
■ Notify all affected Public Utility Companies and identify all underground
facilities and structures.
■ Obtain from City "as built' plans, centerline ties and bench marks.
■ Review with City staff to obtain specific input related to City goals, and
discuss preliminary issues.
2. DESIGN SURVEY
■ Locate beginning, intermediate and final bench marks. Locate and identify
horizontal controls used. Set aerial targets.
■ Conduct aerial survey.
■ Conduct supplemental field survey including cross sections at 50 foot
intervals.
■ Obtain rim elevations and invert elevations for sewer mains, existing storm
drains and appurtenances.
■ Prepare and provide survey notes to the City of Newport Beach.
3. GEOTECHNICAL INVESTIGATIONS
The objectives of the geotechnical services are to assist with the design of the
storm drain project. This will be accomplished by providing soil parameters and
recommendations that satisfy the functional requirements of the project and reflect
value engineering. These soil parameters and recommendations will facilitate final
design and assist in establishing cost information. The project specific
requirements have been provided in the scope of work and center on excavatibility;
shoring /bracing requirements; lateral earth pressures on shoring elements;
groundwater control; backfill and compaction requirements, and measures to
mitigate liquefaction potential where appropriate.
To achieve the geotechnical work objectives, as stated above, we will provide the
necessary personnel, equipment and materials to carry out the field testing and
sampling; laboratory testing; engineering analyses; and preparation of a report with
recommendations fro design, site preparation and construction /installation of the
proposed storm drain and pipeline connections.
■ Task 1: Field Exploration Program
Prior to drilling, "Underground Alert" will be notified to locate existing utilities
and clear the proposed boring locations. In addition, available plans
showing locations of utilities will also be reviewed.
We propose to drill three (3) borings along the pipeline alignment. The
borings will be performed to a maximum depth of fifteen (15) feet.
Judiciously selected samples representative of all materials encountered will
be retained and returned to the laboratory for testing.
All borings will be backfilled immediately subsequent to drilling. If
groundwater is encountered during drilling in any of the borings, that boring
will be grouted in accordance with the requirements of the Orange County
Health Care Agency, Environmental Health Division. Asphalt cold patch will
be used at surface for borings drilled on the roadway.
■ Task 2: Laboratory Testing Program
The laboratory testing program will include visual examination of all soil
samples as well as soil classification in accordance with the appropriate
ASTM standards. The laboratory tests will be carried out on soil samples
obtained from the borings. These tests are anticipated to consist of the
following:
E
•
Determination of moisture content and dry density;
Direct shear tests and /or consolidation tests, as appropriate;
Corrosivity series tests (sulfates, chlorides, PH, etc.)
■ Task 3: Engineering Analyses and Report
Based on the seismological information, geological information and
evaluation of field and laboratory testing results, prepare appropriate
stratigraphic cross sections and soil parameters along the alignment will be
selected for use in analyses and design. Construction guidelines related to
the geotechnical aspects of the project will also be addressed.
The report will describe the site investigation and summarize the results of
both field and laboratory testing. These results will be discussed with
reference to the proposed storm drain construction. The analyses and report
will include:
a) A profile cross section along the alignment showing the various soil
types and groundwater conditions observed at the boring locations
and, the laboratory and field test results.
b) The geological setting of the site, potential geological hazards and
seismic parameters, and areas with potential liquefiable soil
conditions and measures to mitigate potential liquefaction.
C) Evaluation of the effects of construction on adjacent structures and
areas and recommendations for their protection.
d) Excavatability of the soils encountered along the storm drain route
and discussion on various possible excavating techniques.
e) Temporary excavation support recommendations, including sheeting
and shoring requirements and earth pressures on shoring system.
f) Anticipation of and management of groundwater in trenches, and for
the storm drain where it will experience submerged conditions, as
appropriate.
El
g) Pipe support and anticipated settlement.
h) Recommendations on backfill placement and compaction
requirements.
i) Recommendations on pavement rehabilitation subsequent to storm
drain installation and trench backfill.
j) Corrosivity of the subsoil and their effect on construction materials.
k) Requirements of observations and testing during storm drain
construction.
PRELIMINARY DESIGN
(50% Design Review)
■ Prepare base maps using computer aided drafting (AutoCAD).
■ Coordinate with water company, telephone company, etc. for any potholeing
required to determine the depth of existing utilities.
■ Provide necessary and proper coordination with all utility companies having
facilities within the project area. Send preliminary notifications to utility
companies, requesting record data. Record drawings provided by utility
companies will be used in conjunction with field data showing manholes,
valves, loop detectors and other appurtenances located by DLA during the
design survey.
■ Drainage Improvements:
a) Review design study prepared by UMA Engineering, Inc. and
establish storm run -off to be used for design.
b) Review horizontal and vertical alignment of proposed improvements
in relation to utility crossings.
C) Prepare street capacity calculations to determine the location and
sizes of proposed catch basins, if required.
d) Compute main line hydraulics for the proposed system.
e) Prepare and submit preliminary storm drain plans to the City for
review, plan and profile at 1 " =40' scale.
f) Prepare preliminary utility relocation plans, if any.
g) Prepare preliminary estimate of probable costs.
h) Submit preliminary plans to utility companies for review.
5. FINAL DESIGN PHASE
(90% Design Review)
■ Review and revise alignment per City of Newport Beach's comments.
■ Revise mainline pipe hydraulics for revised alignment. Compute hydraulic
grade line on mainline and laterals.
• Conduct structural calculations for reinforced concrete box (if required).
■ Prepare final storm drain plans.
■ Prepare final utility relocation plans, if any.
■ Revise preliminary estimate of probable costs.
■ Prepare preliminary special provision section of the Project Specifications.
(100% Design Review)
■ Finalize plans per City's 90% Design Review.
■ Finalize Project Specifications including General Provisions and Bid
Documents.
■ Finalize estimate of probable costs.
NOTE: The final plans will be submitted to the City on IBM compatible
floppy disks.
6. ASSISTANCE DURING BIDDING /CONSTRUCTION PHASE
• Provide coordination during bidding process including answering bidders
questions during bidding phase.
■ Provide assistance during construction phase including plan clarifications,
answering contractors questions and making revisions to plans. if any, to
facilitate smooth construction process.
0 0
7. QUALITY CONTROL /QUALITY ASSURANCE
DLA will use the critical path method of management for this project. A schematic
critical path will be submitted at the beginning of the project. This C.P.M. chart will
identify milestones and critical dates. The critical path will identify the order in
which critical items are to be completed. Throughout the project and before the
drawings are submitted to the City, a department review is implemented. This
reviewwill be performed by Mr. Osvaldo Dreckmann, P.E. Plans will be reviewed
for accuracy, dimensional errors, conformity before presented for review.
8. CONSTRUCTION SURVEYING
■ Mark removal limits and join limits, sawcut lines.
■ Stake line and grade for proposed storm drain at 25' O.C. Stake junction
structures, manholes, etc. Prepare grade sheets.
■ Re- establish centerline ties and monuments if disturbed.
9. AS -BUILT PLANS
■ Prepare "as- built" plans based on the information provide by the City
Inspector.
FEE PROPOSAL
- REVISED -
For
East Newport Heights Relief Storm Drain
Phase 1, Dover Drive
City of Newport Beach
October 10, 1996
ITEM DESCRIPTION
Preliminary Design Development
Design Survey (Including Aerial Survey)
Geotechnical Services
Preliminary Design Phase (Includes U.M.A. Hydrology Review)
Final Design Phase
Assistance During Bidding Phase
Construction Surveying
"As- Built" Plans
AMOUNT
$600.00
$5,750.00
$4,200.00
$8,650.00
$5,400.00
$600.00
$3,750.00
$800.00
TOTAL AMOUNT: ...... ............................... $ 26,000.00
ALTERNATE ITEM:
Construction Staking $3,750.00
EXHIBIT �
DLIA
Dewan, Lundin & Associates
SCHEDULE OF HOURLY RATES
Dewan, Lundin & Associates
September 3, 1996
HOURLY CHARGES FOR PERSONNEL:
Project Manager ............. .........................$75.00
Project Engineer ............ .........................$60.00
Design Engineer ............ .........................$50.00
CADD Designer ....... ...............................
$42.00
Senior Drafter .... ...............................
$40.00
Senior Plan Checker ... ...............................
$50.00
Construction Administrator .............................
$50.00
Construction Observer .. ...............................
$44.00
Building Official ....... ...............................
$65.00
Building Plan Check Engineer ...........................
$60.00
Building Plan Examiner . ...............................
$60.00
Building Inspector ..... ...............................
$50.00
Two -Man Field Party .. ...............................
$120.00
Three -Man Field Party . ...............................
$160.00
Office Survey Analyst .....................
I ....... $50.00
Word Processor ............. .........................$20.00
E'•g-.
.
at
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.
tT�A
,, - ' ! Certificate of Insurance di
Agency Name and Address:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Professional Practice insurance Brokers, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
250 Newport Center Drive, Suite M -106
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Newport Beach, CA 92660
ALTER THE COVERAGE AFFORDED THE POLICIES LISTED BELOW.
714.729.0777 Fax 714.729.0770
EFFEC. DATE
Insured's Name and Address:
Companies Affording Coverage
DL &A (Dewan, Lundin & Associates)
Company A -- New Hampshire Insurance Company
12377 Lewis Street, Suite 101
Company B -- American Motorists Insurance Company
Garden Grove, California 92640
Company C -- Continental Casualty Company
COVERAGES: THIS IS TO CERTIFY THAT 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.
CO.
TYPE OF
POLICY
POLICY
POLICY
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
LTR.
INSURANCE
NUMBER
EFFEC. DATE
EXPIR. DATE
LIMITS
NEWPORT BEACH, CALIFORNIA 92658
GENERAL LIABILITY
tho' d Repr sent v Date: November 14, 1996 SM
ATTN: MARLA MATLOVE, P.E. SR. CIVIL ENGINEER
General Aggregate S 2,000,000
Products- Com /Ops Agg. $ 1,000,000
A
I X I Comml. Gen. Liability
CAP3042880 -01
09/26196
09126/97
Personal & Adv. Injury $ 11000,000
[ 1 Claims Made
Each Occurrence $ 1,000,000
[ X I Occurrence
Fire Damage (any one fire) $ 50,000
[ X 1 Independent Contractors
Other
[ X 1 Contractual
[ X 1 BFPD
$
AUTO LIABILITY
Combined Single Limit $ 1,000,000
[ 1 Any Automobile
Bodily Injury (per person)
1 1 All owned autos
[ 1 Scheduled autos
$
Bodily Injury (per accident)
A
[ X I Hired autos
CAP3042880 -01
09/26/96
09/26/97
[ X 1 Non -owned autos
$
Property Damage
[ 1 Garage liability
[ ]
S
EXCESS LIABILITY
[ 1 Umbrella Form
Each Occurrence $
[ I Other than Umbrella For
Aggregate S
WORKERS'
Statutory Limits:
B
COMPENSATION
7CW304394 -01
09/15196
09/01/97
Each Accident S 1,000,000
AND EMPLOYERS'
Disease - Policy Limit S 1,000,000
LIABILITY
Disease -Each Employee $ 1,000,000
C
PROFESSIONAL
SFP133324987
09123195
09123198
Per Claim $ 11000,000
LIABILITY
I
I
Aggregate $ 1,000,000
Description of Operations/ Locations /Vehicles /Restrictions /Special Items:
All operations of the named insured including Project: East Newport Heights Relief Storm Drain, Phase I Dover Drive.
General Liability Only: Additional Insured Endorsement Attached.
Certificate Holder:
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION:
CITY OF NEWPORT BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
PUBLIC WORKS DEPARTMENT
DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS' WRITTEN NOTICE TO THE
3300 NEWPORT BOULEVARD, P.O. BOX 1768
CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION DUE
TO NON- PAYMENT OF PREMIUM IN WHICH CASE A 10 DAYS' NOTICE WILL BE GIVEN.
NEWPORT BEACH, CALIFORNIA 92658
tho' d Repr sent v Date: November 14, 1996 SM
ATTN: MARLA MATLOVE, P.E. SR. CIVIL ENGINEER
I
L7I
6
CUSTOMIZED ASSET PROTECTION POLICY
kill 0.0 0305
This endorsement modifies insurance provided under the Commercial Liability Coverage
Form.
J. DESIGNATED PERSON OR ORGANIZATION
The entity or entities shown Below and on Policy Declaration is/are Additional Insured(s) but only
with respect to liability arising out of your operations or premises owned by or rented to you.
City of Newport Beach, its elected officials, officers and employees
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy
other than as above stated.
ISSUED TO: Dewan Lundin & Associates POLICY NO: CAP3042880 -01
This Endorsement becomes effective: 11/13/96
NEW HAMPSHIRE INSURANCE COMPANI'
ISSUED: Noyembcr 14. 1996
oco 50 I