HomeMy WebLinkAbout13 - C-3411 - Irvine Avenue Water Transmission Main ReplacementApril 24, 2001
CITY COUNCIL AGENDA
ITEM NO. 13
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: IRVINE AVENUE WATER TRANSMISSION MAIN REPLACEMENT FROM
UNIVERSITY DRIVE TO SOUTH BRISTOL STREET - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE
ENGINEERING, INC., CONTRACT NO. 3411.
RECOMMENDATION:
Approve a Professional Services Agreement with Daniel Boyle Engineering (DBE) of Laguna
Hills, California, for a contract price of $93,401 and authorize the Mayor and the City Clerk to
execute the agreement.
PROJECT DESCRIPTION:
The operational characteristics of the City's water transmission system were reviewed for
supply capacity during the preparation of the City's Water Master Plan (due to be completed in
6 months).
Upon review it was determined the transmission mains in Irvine Avenue need more capacity to
serve the airport area and provide a secondary connection from the east to the west side of the
City. The existing Irvine Avenue transmission main varies in diameter from 12- inches to 16-
inches. The hydraulic analysis included in the Water Master Plan indicated that the entire reach
should be a 24 -inch diameter transmission main to provide the required additional capacity.
The 12 -inch diameter main between Santiago Road and University Drive has only 25 percent of
the capacity of a 24 -inch diameter main.
Most of the existing transmission line in Irvine Avenue was constructed in the late 1950's and
early 1960's. There have been several breaks in this 2.5 -mile reach of water line in the last five
years. The existing 40 to 45 -year old line may have another 10 to 15 -year lifespan, but in all
probability several more breaks will occur during this time period. The installation of a new 24-
inch transmission line is recommended over the installation of a new 18 -inch diameter parallel
line. The cost to construct one 24 -inch line is more (15 to 20 percent) but it would eliminate the
questionable future performance of the old water lines.
The Irvine Avenue 24 -inch transmission main needs to be constructed in several phases because
of funding constraints. The following is a summary of the various reaches of work for the Irvine
Avenue transmission mains:
Reach 1
24 -inch
University Drive to South Bristol Street
$1,500,000
Reach 2
24 -inch
Santiago Drive to University Drive
$1,300,000
Reach 3
24 -inch
Santiago Drive to Dover Drive
$1,300,000
Reach 4
12 -inch
Dover Drive to Sherington Place
$ 495,000
SUBJECT: IRVINE AVENUE WATER TRANSMISSION MAIN REPLACEMENT FROM UNIVERSITY DRIVE TO SOUTH
BRISTOL STREET - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH DANIEL BOYLE
ENGINEERING, INC.
April24,2001
Page 2
The design services to be provided for with this contract will prepare plans and specifications for
Reach 1, which extends between University Drive and South Bristol Street. This Reach will be
constructed with the County of Orange's Irvine Avenue Road Widening Project, which is
planned for the spring of 2003.
THE SELECTION PROCESS:
Five firms were selected to propose on the design services for three separate reaches of
pipelines. Each of the following five firms did provide the City a written proposal as requested:
Boyle Engineering Corporation
Daniel Boyle Engineering, Inc
Civiltec Engineering, Inc.
The Keith Companies
Tetra Tech ASL, Inc.
The Utilities Manager, the Utilities Engineer, and the City Engineer reviewed the proposals to
evaluate each firm's qualifications, past experience on similar projects, and availability before
ranking Daniel Boyle Engineering, Inc. (DBE) the highest for Phase 1 of the Irvine Avenue
Transmission Mains. A fee of $93,401 was negotiated with DBE. DBE has extensive
experience in designing pipeline projects in Southern California and DBE proved to be the most
qualified to coordinate with the County of Orange's Irvine Avenue Road Widening Project.
SCOPE OF SERVICES:
DBE will prepare plans and supplemental specifications to install a 4,600 linear feet of new 24-
inch transmission main as part of the County's road - widening project. Construction of the road
widening is scheduled for the Spring of 2003. DBE will need to coordinate closely with the
County to ensure no conflicts occur between the proposed street and storm drain improvements
and the City's desired transmission main.
Funds for the project are available in the Master Plan Water Transmission Mains Account No.
7501- C5500386. Staff recommends approval of the Professional Services Agreement with
Daniel Boyle Engineering to prepare the plans and specifications for the subject project and
coordinate designs with the County of Orange.
Respectfully sub(mittteed,,
PUBLIC WORKS DEPA7MENT
Don Webb, Director
J. Sinacori;-P.E.
Engineer
Attachments: Exhibit "A" Project Location Map
Professional Service Agreement with Daniel Boyle Engineering
Q
W
2
Q
V)
S
U
W
133&1S 701SI&9
H1nOS
�J
Z_
Q
Z
LU
06
L� L�]
�
Q
m
W
O
CO
CO
J
IGW141)61
W
0 a
co
d
0 Q
i �/0
�
0- o
9��
�Q�
h
Wo
27Z
W
W
Z3
Z
Z
Q
O
ti�
o
Q-
LL
Q
cc
d
ti
W3
Q
N
c
W
¢
_
U
1--
y
3N&0 VS3W
v
3
Q
3NW0 VS3W
�'vNERSPR�
3nN3AV b'W 730
610 AlIS613NNn
Uj
-�
u
Q
Ltl
W
�t
AVM M07 VdIW ?
m
t
N
Q
n
rL,
UL
Ct
�'
w
UL
UL
Y
3AY 739VSI V-L WS
k Q
Lu
W3
r
¢
La
2
2
O
�
L
�
a
1S 0&OO
d
3
Z
O
O
1336/15
ONZZ
00b /IWS
I
v v
WE
L
C
moo[
W
�OC
COC
COC
Ee
) l IF 09V/11"S fil ll(
- � 2
0
J
x2 �7
Np_2J
:Ij b
Sy
C =�
C =^
c QLLCJ
z �a
o Q W as
2
cr
g
U
2
W W
FT-Lnrr�7
S
H191 ti \ °,
l
0
2
U
w
crm�
H
Ow
Co
Y
W
Z3
LL m
Om
U
Z H
Q Z
� W
W
Z
O �
O
y d �
N� Q
Z Z O
Q Q =
CC J gm.
H
cc cc
W W
1— ~
Q 030
Pi
Z
0
Q
0
J
s
PROFESSIONAL SERVICES AGREEMENT
WITH DANIEL BOYLE ENGINEERING, INC. FOR DESIGN OF
IRVINE AVENUE WATER MAIN REPLACEMENT
FROM UNIVERSITY DRIVE TO SOUTH BRISTOL STREET
THIS AGREEMENT, entered into this 24"' day of April 2001, by and between the
City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City"), and
Daniel Boyle Engineering, Inc, whose address is 23231 South Pointe Drive, Suite 103,
Laguna Hills, California, (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 City.
B. City is planning to replace the water transmission main in Irvine Avenue
from Santiago Drive to University Drive and in Jamboree Road from San
Joaquin Hills Road to Eastbluff Drive as part of the County of Orange road
widening. ('Project').
C. City desires to engage Consultant to provide professional civil engineering
services and prepare the plans and specifications for the Project, upon the
terms and conditions contained in this Agreement.
de
D. The principal member of Consultant for purpose of the Project are:
Joe Boyle, Project Manager and Tom Hooker, President.
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 and conditions provided
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 the 24th day of April 2001, and
shall terminate on the 30th day of June 2001, 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" 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 City. Consultant's compensation for all work
performed in accordance with this Agreement shall not exceed the total contract price of
ninety three thousand, four hundred and one dollars and 00/100 ($93,401.00).
-2-
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 and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within thirty
(30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with the schedule of the billing rates as set forth in Exhibit "B ".
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. Approved computer data processing and reproduction charges.
C. 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-
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.
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 Project's design, Project's contractor (hereinafter referred to as
"Contractor"), construction means, methods, techniques, sequences or procedures, or for
go
any health or safety precautions and programs in connection the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall not be
responsible for the Contractor's 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 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 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 that may have jurisdiction or interest in the
work to be performed. City agrees to cooperate with Consultant on Project.
M
7. PROJECT MANAGER
Consultant shall assign Project to a Project Manager, who shall coordinate all
phases of Project. This Project Manager shall be available to City at all reasonable times
during term of Project. Consultant has designated Michael J. Sinacori to be its Project
Manager. Consultant shall not bill any personnel to 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 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 Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with the schedule
attached as Exhibit "C ". The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant
shall not be responsible for delays due to causes beyond Consultant's reasonable
control. However, in the case of any such delay in the services to be provided for Project,
each party hereby agrees to provide notice to the other party so that all delays can be
EM
addressed.
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 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 law, regulations and permit 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 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 negligent 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
-7-
active 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.
13. 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, it's elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
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
M
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).
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 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
91
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 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 co- tenant if Consultant is a partnership or joint- venture
or syndicate or co- tenancy, 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.
15. 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 properly 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
-10-
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.
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 City.
17. 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.
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
-11-
reproduction company. All other reproduction will be the responsibility of
Consultant and as defined above.
C. City staff will provide usable life of facilities criteria and provide information
with regards to deficient facilities.
D. City will prepare and provide to Consultant street base digital file in
AutoCAD (DWG) compatible format.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Michael J.
Sinacori, P.E., shall be considered the Project Administrator and shall have the authority
to 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.
19. 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.
-12-
20. 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 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.
21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and /or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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
-13-
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.
24. 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.
25. 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
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3311
Fax (949) 644 -3318
-14-
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Tom Hooker
Daniel Boyle Engineering, Inc.
23231 South Pointe Drive
Suite 103
Laguna Hills, CA. 92653
(949) 768 -2600
Fax (949) 586 -5188
26. TERMINATION
In the event either part 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 default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
26.1 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 Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
-15-
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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.
29. 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.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding
or market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
-16-
or architect in responsible charge of the work. City agrees that Consultant shall not be
liable for claims, liabilities or losses arising out of, or connected with (a) the modification
or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of
accuracy or readability of CADD data due to inappropriate storage conditions or duration;
or (c) any use by City, or anyone authorized by City, of CADD data for additions to this
Project, for the completion of this Project by others, or for any other project, excepting
only such use as is authorized, in writing, by Consultant. By acceptance of CADD data,
City agrees to indemnify Consultant for damages and liability resulting from the
modification or misuse of such CADD data.
All drawings shall be transmitted to the City in Auto Cad version 14 in ".dwg" file
format. All written documents shall be transmitted to the City in Microsoft Word 97 and
Microsoft Excel 97 and be consistent with Microsoft Office 97.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
-17-
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
City of Newport Beach
DANIEL BOYE ENGINEERING
Tom Hooker, P.E.
President
F: \Users\PBW\Shared\Agreemenfs \Fy 00-010anielBoyle - Irvine Main.doc
51.1
EXHIBIT "A"
SCOPE OF SERVICES
WATERTRANSMISSION MAIN REPLACEMENT
IRVINE AVENUE, UNIVERSITY AVENUE TO SOUTH BRISTOL STREET
IlF. 11111i09PDa 17DGY[W
Task 1.1 - Kickoff Meeting & Data Collection: Attend Kick -off meeting, obtain and review
City atlas maps, record drawings and other data.
Task 1.2 - Existing Utility Research: Contact Underground Service Alert (USA), utility
owners and obtain record drawings.
Task 1.3 - Base Mapping: Provide all technical support necessary to acquire, convert and
utilize the County's design files which will be provided in Microstation format. The pipeline
design will be done in AutoCAD format in accordance with the City's standards.
Task 1.4 - Determine Horizontal Alignment: Analyze alternative pipeline alignments and
make recommendation concerning most favorable alignment. Exhibits showing the proposed
alignment will be prepared using aerial mapping and utility base plots.
Task 1.5 - Identify Construction Issues: Identify construction issues, including the
manufacture and availability of materials, construction methods and phasing, and other issues
that may impact the construction schedule.
Task 1.6 - Informal Meeting with City: Meet with City to review the proposed alignment.
TASK 2 - FINAL DESIGN
Task 2.1 - Corrosion Control Survey & Report: A Corrosion Control Report will be prepared
to address the risk of soil corrosion and interference, groundwater conditions and other factors
that might accelerate deterioration of the pipe or pipe coating.
Task 2.2 - Design Survey: Provide field survey to identify and locate features having a critical
relationship to the project.
Task 2.3 - Field Review: Our technical staff will walk the alignment and by use of
measurements and photographs document any differences between the actual field conditions
and base mapping.
DANIEL FOYLE ENGINEERING, INC. EXHIBIT °A" SCOPE OFSERVICES
PAGE 1 of 3
Task 2.4 - Prepare Construction Drawings: Prepare one complete set of bidding documents
ready for advertising. The pipeline construction drawings will show plan, aerial photo strip and
profile. Scale will be 1 " =40' horizontal on plan and 1 " =4' or 1 " =8' for profiles. The following
plan sheets are anticipated.
Sheet No. Description
1
Construction Notes, Sheet Index and Map, Misc.
2
Plan & Profile
3
Plan & Profile
4
Plan & Profile
5
Plan & Profile
6
Plan & Profile
7
Connection & Valving Details
8
Lateral Connection Details
9
Details at Triple Box Culvert
10
Standard Appurtenance Details
I I
Pipe Construction and Joint Details
12 -13
Cathodic Protection Design
Task 2.5 - Prepare Technical Specifications: Contractor's Bid Proposal Form, Special
Provisions, Technical Specifications, and Appendices. The City will provide front -end contract
documents. The final plans will be prepared in AutoCAD and all contract documents prepare in
MS Word.
Task 2.6 - 50% Design Submittal & Review: Submit preliminary title sheet, base plan and
profile sheets (including sketches of connection details and sections), preliminary quantities and
cost estimates.
Task 2.7 - Mid- Design Review Meetings: After receiving City comments from the 50% review
and prior to submitting 95% complete design, we anticipate several informal meetings with City
staff to review specific aspects of the design, plans and specifications. We have included 16
hours of project engineer time for such meetings in our labor hours and fee.
Task 2.8 - 95% Design Submittal & Review: Submit 95% final plans reflecting the City's 50%
design review comments including complete and bound special provisions, contract documents,
any appendices, and final construction quantities and cost estimate on the contractor's bid
proposal form for final review and approval by the City.
Task 2.9 - Prepare Traffic Control Plans: Traffic control plans will be prepared for the
selected pipeline alignment and included in the bid construction plans.
Task 2.10 - Final Review, Approval & Deliverables: Submit final plans reflecting the City's
95% design review comments and any final review comments, complete and bound special
provisions, contract documents, and any appendices for final approval and plan signature by the
Public Works Department.
Task 2.11 - Additional Meetings & Coordination: Provide additional meetings and
coordination with the County of Orange to maintain the pipeline design in lock -step with the
County's road widening design.
DANIEL BOYIE ENGINEERING, INC. EXHIBIT "A" SCOPE OF SERVICES
PAGE 2 of 3
Task 2.12 - De- Activate and Re- Activate Project: After receiving and incorporating 95%
design review comments in approximately August 2001, de- activate the pipeline design until the
County has the roadway and storm drain design near completion. Then re- activate the pipeline
design and update it for any changes in the County's design.
TASK 3 - BIDDING SUPPORT
Task 3.1 - Provide Services During Bidding:
Provide services during the bid period consisting of attending a pre -bid meeting for each project,
answering questions pertaining to the construction drawings and technical specifications and
assisting the City to prepare one bid addendum.
TASK 4 - CONSTRUCTION SUPPORT
Task 4.1 - Shop Drawing Review: Review contractor shop drawing submittals.
Task 4.2 - Plan Revisions & Change Orders: Prepare revisions and/or change orders to the
plans and specifications as deemed necessary by the City (for purposes of estimating a fee we are
assuming there will be a maximum of 3 revisions or change orders).
Task 4.3 - Respond to RFCs & RFIs: Provide engineering services upon City's request to
assist the City respond to requests for clarifications and requests for information regarding the
technical aspects of the project.
Task 4.4 - Prepare Record Drawings: Record Drawings of final plans based on red -lined plans
provided by contractor after project construction is completed will be prepared.
DANIEL BOYLE ENGINEERING, INC. EXHIBIT " A" SCOPE OF SERVICES
PAGE 3 of 3
EXHIBIT "B"
HOURLY RATE SCHEDULE
FOR SERVICES BY
DANIEL BOYLE ENGINEERING, INC.
March 1, 2001
CLASSIFICATION
BILLING RATE
Managing Engineer
$130.00 an hour
Principal Engineer
119.00 an hour
Senior Engineer II
107.00 an hour
Senior Engineer I
100.00 an
hour
Senior Engineer
91.00 an
hour
Associate Engineer R
83.00 an
hour
Associate Engineer I
78.00 an
hour
Senior Assistant Engineer
75.00 an
hour
Assistant Engineer II
68.00 an
hour
Assistant Engineer I
63.00 an
hour
Construction Representative
72.00 an
hour
CAD Specialist
72.00 an
hour
Senior Designer
68.00 an
hour
Designer
62.00 an
hour
CAD / Drafter II
55.00 an
hour
CAD / Drafter I
45.00 an
hour
Intern / Aide
38.00 an
hour
Color Exhibit Plotting Costs
2.00 per sq.
foot
Mylar Plotting Costs
3.00 per sq.
foot
Other Supplies, Outside Services & Subconsultants
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.
DANIEL BOYLE ENGINEERING, INC. EXHIBIT °B" HOURLY RATE SCHEDULE
PAGE I OF I