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HomeMy WebLinkAbout06 PROJECT 600115 07-15-96inter-Com NO..6 7-15-96 DATE' TO: FROM: SUBJECT: ~ULY 15, 1996 WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF NEW RAWLINGS RESERVOIR BOOSTER STATION (PROJECT NO. 600f15) RECOMMENDATION That the City Council authorize the Mayor and City Clerk, subject to final City Attorney approval, to execute the attached agreement with Daniel Boyle Engineering, Inc. for engineering services for the design of the new Rawlings Reservoir Booster Station. FISCAL IMPACT The requested recommendation involves funding of $120,400 from the existing debt issuance of Water Certificates of Participation (Bond Proceeds). There is $275,000 allocated for this Project from the 1993' debt issuance. The proposed contract does not obligate the City to authorize construction of the proposed facilities. BACKGROUND In October of 1990, Daniel Boyle Engineering, Inc., completed a Water System Storage Evaluation Study. The Study determined that there were deficiencies in the system in both quantity of storage and structural condition of existing reservoirs. It was determined that approximately $40 million worth of improvements to the storage and distribution system were necessary. The recommendations included a new booster station at the Rawlings Reservoir. In 1992 the City Council reviewed and approved a water rate study and financial plan prepared by Bartle Wells Associates. The study proposed a funding plan tO support a twelve year development program to construct the recommended water system improvements. The financial plan proposed a series of bond issues designed to support approximately two years of development costs. Subsequently, the first series of bonds were issued in April 1993 to retire the outstanding 1983 water bonds and provide $6.9 million for Professional Services Agree~ July 15, 1996 Page 2 for Structural Engineering Servic, water system improvements. Currently, $4.5 million has been expended to complete the Rawlings Reservoir Retaining Wall Replacement, Newport Avenue Transmission Main Replacement, the Vandenberg Well construction and various distribution pipeline replacements. The City's Program Manager prepared the request for proposal and scope of work and assisted in the consultant selection. DISCUSSION Written proposals were received from five firms to perform the design engineering services. They were as follows: AKM Consulting Engineers Steven Andrews Engineering Daniel Boyle Engineering, Inc. HYA Consulting Engineers IWA Engineers A selection committee consisting of City Staff and the Program Manager reviewed the proposals with the intent of selecting one firm for each of the two booster stations and determined that, based on professional qualifications and experience with related work, Daniel Boyle Engineering, Inc. is the most qualified firm to perform the requested work. Daniel Boyle Engineering, Inc. has significantly greater experience in the design of pumping facilities and demonstrated a significantly better work plan for dealing with the site constraints and community relations issues which will need to be addressed for a successful project than the other firms. Once it was determined that Daniel Boyle Engineering, Inc. was the most qualified firm, the final scope of work and fee were negotiated. The consultant contract has also been structured with a pay for performance feature. The consultant will be paid only upon completion of certain milestones which have been included in the proposal and made a part of the agreement. For purposes of reducing duplicating costs, only the consultant's fee proposal has been included in the agenda package. A copy of the full proposal is available for reView upon request. TimD. Seflet ~ Director of Public Works/City Engineer Gary R. V~eh' Water Services Manager TDS:GRV:klb:COUNCIL:RawIings Reservoir ,/ PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 15th day of July, 1996, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and Daniel Boyle Engineering, Inc. (hereinafter referred to as "Consultant"), WITNESSETH WHEREAS, City desires to employ Consultant to furnish the necessary services for providing engineering services for the design of the Rawlings Reservoir Booster Station hereinafter referred to as "Project"; and WHEREAS, Consultant is qualified to provide the necessary services in connection with said Project and has agreed to provide the necessary services; and WHEREAS, Consultant has submitted to City a revised proposal dated July 3, 1996, a copy of the proposal is attached hereto, marked as Exhibit "A" and is by this reference incorporated herein as though set forth.in full herein (the "Proposal"). NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide the professional services for the Project, and City and Consultant, for the consideration hereinafter set forth, agree as follows: Section 1: Scope of Consultant's Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include all the services solicited in the City's Request for Proposal May 7, 1996, a copy of which is attached hereto, marked Exhibit "B", and all the services included within the Consultant's proposal, (Exhibit "A"). Section 2: Time for Completion. It is hereby understood and mutually agreed that the time for completion of the work to be performed by Consultant is an essential condition of this agreement, Consultant agrees that it shall prosecute regularly and diligently the work of this agreement according to reasonable schedules established by the City for the various items described and as outlined within Consultant's proposal.. Consultant shall not be accountable for delays in the progress of its work caused by any condition be. yond its control and without the fault or negligence of Consultant. Any delays shall not entitle Consultant to any additional compensation, regardless, of the party responsible for the delay. Section 3: Compensation The compensation to be paid under this agreement shall be as set forth in the Consultant's proposal with a not to exceed to_t. al cost of $120,400. Progress payments for work completed , will be paid as each major Task delineated in the Consultant's proposal is completed, within thirty (30) days of the date of Consultant's invoice: These payments will be based upon submittal of detailed invoices and based upon the actual work performed for each individual task not exceeding that provided in the consultant's proposal. Section 4: Job site Conditions The City agrees that in accordance with generally accepted construction, practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this project, including safety of all · persons and property and that this requirement shall be made to apply continuously and not be limited to normal working hours. Section 5: Miscellaneous Provisions, A. City and Consultant agree to the following conditions' (1) City, by notifying Consultant in writing, shall have the right to terminate any or all o.f the services covered by this agreement at any time, In the event of such termination, Consultant shall be paid for services rendered to the effective date of the termination, (2) Consultant agrees that it shall proceed immediately and diligently'to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. (3) The terms and provisions of this agreement shall extend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. (4) Consultant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Consultant or any of its agents, servants and employees, be considered as an employee or agent of the City. Consultant shall perform all services required under this agreement using that degree of care and skill ordinarily exercised under similar conditions in similar localities, and shall be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Consultant agrees to indemnify, defend and hold City, its agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by other persons and from all costs, expenses and charges, including attorney's fees, arising from Consultant's negligent performance of this agreement. In addition, Consultant shall maintain in full force and effect during the term of this agreement policies of comprehensive general liability, personal injury and liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence, and professional liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim or per occurrence for which certificates of insurance or endorsements in form satisfactory to the City have heretofore been delivered to City. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this agreement to cover claims made within five (5) years of the completion of Consultant's service under this agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this agreement for at least five (5) years after completion of Consultant's services under this agreement. The Consultant shall also be required to provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached letter agreement on Consultant's letterhead. (6) Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees under California Worker's Compensation Insurance and Safety Laws, to relieve City frOm all responsibility under said laws in connection with the performance of this agreement, and upon execution of this agreement, to file with City a certificate of said protection. (7) Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this agreement, or against any application for such employment, because of race, religion, color, sex.or national origin including, but not limited to, the following: a. Employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship _ (8) Consultant shall provide City monthly with a detailed itemization of all work performed, 'and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. (9) Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph (1) of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. .. CITY OF TUSTIN, a municipal corporation By Mayor Daniel Boyle Engineering, Inc. ~, ~'homas/B. fl6oker, Jr./'" 'V. igePre sident.__~.// ATTEST: City Clerk APPROVED AS TO FORM: City Attorney EXHIBIT A ENGINEERING SERVICES P~ovos^u Rawlings Reservoir Booster Pumping Station and Simon Ra. nch Booster Pumping Station EXHIBIT A May 30, 1996 DANIEL BOYLE ENGINEERING, INC. DANIEL BOY! ',ENGINEERING, Civil Engineering Services CiTY OF TUSTIN 235 East Main Street Tustin, CA 92680 Attention: Mr. Gary R. Veeh Water Services Manager July 2, 1996 City of Tustin Revised Proposal/Not-To-Exceed Fee Design of Rawlings Reservoir Booster Pumping Station Project No. 60011.5. We are presenting herein our estimated fee to complete each task of work as defined in our Engineering Services Proposal dated May 30, 1996 and a Total Not-To-Exceed Engineering Fee for design of the Rawlings Booster Pumping Station. The fees include costs of all administration' and overhead, project site visits, attendance at meetings and all reproduction costs associated with the scope of work. RAWLINGS RESERVOIR BOOSTER PUMPING STATION Task Estimated Estimated Total Engineering Reproduction Estimated Fee & Other Costs Fee PHASE I - PRELIMINARY DESIGN TASK I - RESEARCH & INVESTIGATION TASK 2 - PRELIMINARY LAYOUTS $ 8,500 $ 200 $ 8,700 11,200 200 11,400 PHASE II - CONSTRUCTION DOCUMENTS TASK 1 - FINAL DESIGN TASK 2 -SPECIFICATIONS TASK 3 -DESIGN NOTEBOOK TASK 4 -DESIGN REVIEWS 59,800 800 60,600 10,200 -- 10,200 3,700 300 4,000 4,100 400 4,500 PHASE III - CONSTRUCTION SERVICES TASK 1 - PRECONSTRUCTION TASK 2 - SHOP DRAWINGS TASK 3 - ENGINEERING SUPPORT TOTAL 3,800 -- 3,800 7,400 -- 7,400 9,400. 40.___~0 9,800 $118,1 O0 $2,300 $120,400 TOTAL NOT-TO-EXCEED FEE RAWLINGS RESERVOIR BOOSTER PUMPING STATION $120~400 3142 Vista Way, Suite 201 Oceanside, CA 92056 (619) 433-8710 FAX (619) 433-9709 Tustin - Rawlings Reset, 'PS Revised Proposal/Not-To-Excee PROGRESS PAYMENT MILESTONES ~ - 7/2/96 - Page2 We understand that the City will pay consultant invoices based upon time and materials expended, not to exceed the task budget, after completion of each task. For invoicing purposes, we propose the following invoicing milestones: 1. Preliminary Design Memorandum (PDM) Submittal Acceptance The PDM shall address each of the elements discussed in Section 3.2 of our Enginee~'ing Services Proposal. It shall also include the fOllowing items' · Outline of the Technical Specifications · Architectural concept sketches · Basis for sizing pumps · Pump selection and fixed speed versus variable speed analysis · Review and comment on CEQA documentation 2. 50% Design Submittal Acceptance The 50% design submittal shall include the following: · 90% complete title sheet · 50% complete index sheet · 75% complete site civil and mechanical plan sheets · 50% complete structural and architectural sheets · 50% complete electrical sheets · 0% complete landscaping sheets · Detailed outline of all specifications 3. 90% Design Submittal Acceptance The 90% design submittal shall include the following: · 100% complete title, index and general notes sheets · 95% complete plan sheets (ali disciplines) · 75% complete detail sheets (all disciplines) · 90% complete Technical Specifications and Special Provisions · 50% complete other contract documents Tustin - Rawlings Rese,, BPS Revised Proposal/Not-To-Exce,. .,,e - 7/2/96 - Page 3 4. Plans and Specifications Signed and Accepted as Complete This milestone shall be defined being complete when the City accepts the final signed plans and specifications. 5. Construction services shall be invoiced and paid monthly based upon services requested by the City. A copy of our current Standard Hourly Rate Schedule is attached, per the Request for Proposal. If you have any questions or require further information, please do not hesitate to call. DANIEL BOYLE ENGINEERING, INC. Vice Presi~ ~ TBH:Iam Encl. B99-197-00 RWLNGBPS.FEE