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HomeMy WebLinkAbout25J - MEMORIAL POOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH PACE FOR DESIGN ENGINEERING SERVICES FOR MEMORIAL POOL RENOVATION AND FOUNTAIN NO. 3 REHABILITATION (PROJECTS 08-6016 and 08-9097) r ~~~~~~~ CITY MANAGER -"RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Pacific Advanced Civil Engineering Inc. (PACE), subject to non-substantive changed approved by the City Manager and City Attorney, to provide engineering services for the design of Memorial Pool Renovation and Fountain No. 3 Rehabilitation projects in the amount not to exceed $91,050 including a 15% contingency. DlscvssloN Memorial Park Pool was last renovated in 1994. The annual maintenance costs are rising and several issues are emerging, such as leakage and algae, which are affecting program activities at this pool. The Memorial Park Renovation project involves the repair of the leakage, the removal of algae, and the reassessment of the deck edge, existing hand rails, underwater pool lights, lifeguard chairs, and diving boards for safety reasons. Due to deterioration and maintenance problems, the Civic Center Law Library Fountains (also known as Plaza Fountain No. 3) has not been in working order since 2002. The Fountain No. 3 Rehabilitation project includes addressing cracks and leakage in the fountain, providing new spray center jet and lighting, and replacing the electrical and plumbing systems. The project locations are shown on Exhibit A. In January 2008, the Public Works Agency issued a Request for Proposal (RFP) to several consulting firms to obtain engineering services for the design of the fountain rehabilitation and pool renovation projects. Two proposals were received in response to the RFP and evaluated by the project team consisting of PWA Design and Park and Recreation staff. Each firm was rated according to its qualifications, past experience, and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: 25J-1 Consultant Agreement with PACE Project No. 08-6016 and 08-9097 May 5 2008 Page 2 FIRM RATING FEES 1. PACE 80 $79, 170 2. Pac Rim 81 $119,541 The fee schedules for these firms consistent and reasonable with experience of key personnel, client is recommended that the firm of services. ENVIROr11~iTAL IMPACT were compared. PACE's fee proposal is staff's estimate. Because of the satisfaction and competitive rate, it PACE be retained for the required There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Acquisition and Development District 3 fund (account no. 313-232-6631, project 08-6016) for the Memorial Pool Renovation project and Civic Center Maintenance fund (account no. 074-243- 6631, project 08-9097) for the Fountain No. 3 Rehabilitation project. James G. Ross Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation Services Agency & ~ Community APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ,~1~/ Executive Director "I~ Finance & Mgmt. Services Agency 25J-2 J L_J SAINT ANDREW pL ~ ~ L_ F- N J Y O ,Q 3 SAINT ERTRUD P a m ~ w m Y Q ~ ~~~'"~ 3 \ J WA NER AV ~ r~~n~ rFlO.IECT LOCATION MEMORIAL PARK POOL RENOVATION (PROJECT NO.OS-6016) Tx ~ SANT p 0 TH T SANTA AN LVD a 4TH ST -~ ~ ~; ~ PROJECT LOCATION _~ CIVI CEN R D L-~LJ FOUNTAIN N0.3 REHABILITATION (PROJECT N0.08-9097) LEGEND: PROJECT LIMITS EXHIBIT A SANTA ANA TITLE: P W A ~~ MEMORIAL PARK POOL RENOVATIaV M,e,Y 5, Zppg AND FOUNTAIN N0.3 REHABILfTATK~N ~~~ ~s .~E~. (PROJECT NOS. 08-6016 AND OS-9097) N H 2 W J N 25J-3 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of May, 2008, by and between Pacific Advanced Civil Engineering, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a qualified consulting engineering firm with a proven track record of completing large pool and fountain renovation projects for the professional engineering services of swimming pool renovation, fountain rehabilitation, and related infrastructure rehabilitation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional engineering services, including assessment and analysis of existing conditions, the preparation of Plan, Specification and Estimate, and construction support for the projects designated by City, as set forth in City's Request For Proposal -Professional Engineer Services for the Renovation of Memorial Park Pool and the Rehabilitation of Plaza of the Fountains Projects, dated January 23, 2008, as supplemented by Consultant's Proposal, collectively attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, and drawings, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be 25J-4 copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Ninety-one Thousand, Fifty Dollars ($91,050.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice including a detailed breakdown of the services and tasks performed, hours and hourly rates related to performance of those services and tasks, subject to City accounting procedures. City shall pay up to ninety percent (90%) of the invoice. City shall retain ten percent (10%) of each payment subject to final completion and approval of all work and delivery of final as-built plans. c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. In the event that the City disputes a portion of Consultant's invoice, any sums not in dispute shall be remitted to Consultant. 4. TERM This Agreement shall commence on the date first written above and terminate on acceptance by City and delivery of the as-built drawings, unless terminated earlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 25J-5 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. A The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25J-6 If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent performance of services of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an 25J-7 obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: PACE 17520 Newhope Street, Suite 200 Fountain Valley, California 92708 Telefacsimile (714) 481-7299 25J-8 Attn: Sonny O. Sim A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty- four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT In as much as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such 25J-9 case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the Ciry immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature here in below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25J-10 (Remainder of page intentionally blank) 25J-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA: DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney PACIFIC ADVANCED CIVIL ENGINEERING SONNY O. SIM Vice President 25J-12 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES FOR THE RENOVATION OF MEMORIAL PARK POOL AND THE REHABILITATION OF PLAZA OF THE FOUNTAINS PROJECTS I. INTRODUCTION The City of Santa Ana Public Works Agency desires to enter into an agreement with a qualified consulting engineering firm with a proven track record of completing large pool and fountain renovation projects for the professional engineering services of swimming pool renovation, fountain rehabilitation, and related infrastructure rehabilitation. The major elements of the project are the assessment and analysis of the existing conditions and the subsequent preparation of Plans, Specifications, and Estimate (PS&E) of the following projects: • Swimming pool renovation at Santa Ana Memorial Park. • Fountain rehabilitation at Plaza of the Fountains in Civic Center. II. PROJECT BACKGROUND Santa Ana Memorial Park Pool (Memorial Pool) was constructed at the corner of Flower Street and Saint Gertrude Place in 1961. It is a heavily used public pool opening seasonally from Memorial Day to Labor Day. The pool is approximately 167 feet in length, 65 feet in width and depths ranging from three (3) to twelve (12) feet. The pool holds approximately 600,000 gallons. Memorial Pool was last renovated in 1994. The annual maintenance costs are rising and several major issues are emerging, such as black algae, leakage, and other problems which are affecting program activities. Plaza of the Fountains is located within Santa Ana Civic Center, at the corner of Santa Ana Boulevard and Flower Street. Civic Center Law Library Fountain (a.k.a. Plaza Fountain No. 3) was built in 1970 in the Plaza of the Fountains due south of Orange County Law Library. Due to deteriorations and maintenance problems, the fountain has ceased operations since 2002. In 2002, Holmes and Narver prepared the rehabilitation plans for Plaza Fountain No. 3 as well as the reflecting pool adjacent to the east side of the Law Library. Funding was only available at that time to implement construction at the reflecting pool. Upon completion, design issues surfaced once operations commenced so the design approach for Plaza Fountain No. 3 shall be reanalyzed and modified accordingly. The previous base design can be used as a reference; however, the Consultant is responsible for updating the plans to reflect current standards and redesigning the pump system for a more effective operating system. III. SCOPE OF WORK Consultant shall be responsible for the preparation and submittal of PS&E through completion with the approval of the City of Santa Ana. The PS&E of the pool renovation and fountain rehabilitation shall be prepared separately for bid and awards purpose. The following is the breakdown of the scope of work for the project. Any additional tasks deemed necessary by the Consultant shall be clearly identified in the proposal. A. Management and Administration Consultant is fully responsible for the overall project management, administration and coordination for the project, including but not limited to the following: 1. Management and Coordination -Consultant shall be the liaison with affected agencies, monitor project progress and maintain project files. Other responsibilities of Consultant include supervising, coordinating, monitoring and reviewing design for conformance with local agencies standards, policies and procedures. 25J-13 2. Meetings -Project Development Team (PDT) meetings shall occur with all stakeholders and will be held at the City of Santa Ana. Consultant shall send out the agenda and any necessary communication documents a minimum of two (2) business days in advance, prepare and distribute meeting minutes, new action items and disposition of previous action items and other communication documents within five (5) business days after the meeting to all attendees and invitees. Consultant shall assume a total of five (5) PDT meetings, including the design kickoff meeting and the preconstruction meeting with the contractors, to take place during the length of project. Consultant shall identify any additional meetings as they deem necessary. 3. Progress Reporting -Progress reports (electronic or hard copies) shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. If hard copies, Consultant shall provide the City with two (2) copies of the progress report. 4. Project Schedule -Consultant shall prepare the project schedule in Microsoft Project format. The project schedule shall be updated on a regular basis and distributed at the PDT meetings. B. Permits Consultant shall be responsible for securing County of Orange Health Department pool permit(s) for Memorial Pool. Consultant shall be responsible for securing any additional required. permit from other agencies. C. Research & Data Collection Consultant shall research and collect information related to the project site, including existing field conditions, as-built plans and record drawings, reports, and photographs. Consultant shall be responsible for the coordination with utilities agencies to obtain all necessary existing and proposed facilities within the affected areas. D. PS&E Preparation The design and specifications shall follow all applicable City of Santa Ana standards. The optional design features are based on the availability of the funding. Engineering Design Services -Consultant shall be responsible for the following, but not limited to: a. Renovation of Memorial Pool project 1. Address black algae and water leakage issues. 2. Replaster the interior of the pool entirely, including the steps. 3. Assess and repair deck edge, existing hand rails, underwater pool fights, lifeguard chairs, and diving boards. 4. Provide a time clock to the existing electrical panel. Check the control panel against the current NEC code requirements. 5. Provide lane marker lines and tle depth line with contrasting color tiles. 6. Replace the existing pump motor and possibly the pump head. 7. Assess and address wet well issues (optional design feature) 8. Assess and address ventilation within pool equipment building (optional design feature) 9. Replace exterior doors to the pool building (optonal design feature). 10. Provide an eye wash station in the pool building (optional design feature). 11. Change out existing sand in the filters (optonal design feature) b. Rehabilitation of Civic Center Law Library Fountain project 25J-14 1. Address cracks, waterprootng, and leakage at the foundation of the fountain and restore interior finish. 2. Install new spray center jet. 3. Provide new lighting for the fountain. 4. Replace electrical panel and plumbing system (including the water pump system) in the existing equipment room. 5. Assess all existing electrical and plumbing systems (including electrical panel) required for the proposed fountain performance. Address all existing electrical and plumbing systems lacking the capability of handling the new systems. 6. Remove and replace the existing concrete coping and sloped cobblestone veneer around the fountain with new materials per the City instructions. 7. Install skate-stopper around the fountain edge. 8. Construct a storage room for chlorine, carbon dioxide, and acid systems (optional design feature). 2. Utility Coordination and Design -All impacted utility lines within the project limits shall be compiled on utility base plans and forwarded to each utility agency for review, correction, and certification of accuracy. Consultant shall copy the City of Santa Ana on all transmittals, notifications, submittals and letters to the utility agencies. Consultant shall coordinate any necessary utility designs with utility agencies. 3. Electrical Design The details of electrical circuiting and riser diagrams, primary wiring and conduit, transformers, and electrical panel shall be drawn on the electrical plans. Consultant shall provide any additional necessary details for construction and operation purpose. Consultant is providing an allowance to subcontract the services of an electrical engineer to provide power to mechanical equipment, lights and control panel for the fountain system. Electrical plans to include single line diagram, load calculations, panel schedule (if needed), electrical site plan, and equipment wiring diagram. Consultant shall coordinate with design team to determine if a pad transformer and service entrance and meter section wilt be required as part of the design. 4. Structural Design -The design of waterproofing and its protection shall be provided for the edges, walls and bottoms of the fountain. Consultant is providing an allowance to subcontract the service of a structural engineer to verify that the footings and walls of the pool and fountain perform in accordance with the current California Building Code (CBC). The structural engineer shall also provide recommendations for the pool edge repair. 5. Mechanical Design - The new pump system at Fountain No. 3 shall be designed to operate fountain center jet. Consultant shall provide details for piping, valves, fittings, pump equipment, and any additional necessary elements. Specifications shall include pumps and piping manifold layouts. Consultant is providing an allowance to subcontract the service of a mechanical engineer to evaluate the ventilation condition in the fountain equipment room and pool building. All other pumps and piping design are included in the tasks above. 6. Plans Preparation -The plan development shall include at least two (2) plan deliverables- 95% (pre-final) and 100% (final). Each project shall be prepared separately under different title sheet. Plans shall be prepared in conformance with City of Santa Ana standards. The necessary plans shall include, but not be limited to: 1. Plan i. Title Sheet ii. Layout and Dimensions (Memorial Pool to be drawn at a maximum scale of ~/s" = 1' and Plaza of the Fountains at maximum scale of/4" = 1') 25J-15 iii. Equipments and Parts Details (All sheets to be drawn at a scale clearly showing all details or to be determined by the reviewing engineer) iv. Demolition Plans -all items to be removed (All sheets to be drawn at a scale clearly showing all details or to be determined by the reviewing engineer) v. Mechanical and Electrical Details (All sheets to be drawn at a scale clearly showing all details or to be determined by the reviewing engineer) vi. Pool Markings (lane line, target and depth marking) vii. Miscellaneous Deck Equipment Location (diving boards, lifeguard chairs, handrails) Sections viii. Transverse Sections ix. Longitudinal Sections x. Depths Construction Details xi. Underwater Lighting Details xii. Structural Detail of Pool (expansion joint, water proofing and plaster detail, deck edge) xiii. Equipment Details inside the Equipment Room 7. Specifications -Consultant shall prepare construction specifications for items of work shown on the construction plans. Specifications shall include the Ciry of Santa Ana's boiler plate special provisions. The technical special provisions shall be included in the Appendices based on "Greenbook" Standard Specifications for Public Works Construction, 2003 Edition with 2005 Cumulative Supplement. Specifications shall be stamped and signed by the responsible engineer. A list of contract pay items with the descriptions, item codes and estimated quantities shall be included in the front of the special provisions. Pay items shall reference the specification section defining the measurement and payment. Cost Estimate -Consultant shall prepare an updated engineer's opinion of probable construction costs and estimate quantities for construction items shown on the plans. Cost estimates shall be prepared and submitted at each milestone along with the plans and specifications. Quantities for all contract pay items shall be substantiated by calculations. Quantity calculations shall be neat, orderly and shall show all sketches, diagrams, and dimensions necessary to allow them to be independently used by field inspectors during construction. The source of unit cost data shall be included. Lump sum items shall include a breakdown of major components along with adequate cost backup justifying the total lump sum cost. 9. Submission Format - PS&E shall be in US Customary English units and shall conform to the City of Santa Ana standards, regulations, policies, manuals, and practices. The Consultant shall provide clear, concise and complete plans, specifications, and estimate. i. Drawings shall be prepared in Microstation V8 format. Submittals shall be 24"x36" hard copy and to scale. Electronic files shall be submitted at the 100% completion level. ii. Electronic copies of the specifications shall be submitted in Microsoft Word format and the cost estimates shall be in Microsoft Excel format. iii. The Consultant shall provide five (5) copies of the PS&E at each submittal to the City of Santa Ana for review. Upon design approval, the Consultant shall submit one (1) set of mylar plan stamped and signed by responsible engineer. 25J-16 E. Construction Support Activities The consultant shall provide support services during the bidding and construction phases of the project, including: a. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Upon award of the construction contract, the Consultant shall attend the pre-construction meeting. b. Consultant shall review and approve all submittals and shop plan drawings for conformance with construction documents. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. c. Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. d. Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. e. The Consultant shall prepare and deliver to the City of Santa Ana the final as-built plans incorporating field marked prints supplied by the City of Santa Ana. Upon completion of construction, the City of Santa Ana will submit field-marked prints to the Consultant. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City of Santa Ana. IV. GENERAL REQUIREMENTS A. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards. B. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and other involved agencies. C. The Consultant has total responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. D. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. E. The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The quality control plan shall establish a process which includes checking procedures for PS&E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 25J-17 F. Manuals/Standards -Where applicable, engineering design of all PROJECT improvements shall be compatible and in accordance with the following, but not limited to: • City of Santa Ana Standard Plans and Specifications • "Greenbook" Standard Specifications for Public Works Construction (2003 Edition with 2005 Cumulative Supplement) • California Codes Title 24 It shall be the responsibility of the Consultant to verify that the latest version or updates of these documents are obtained, unless noted otherwise. G. The Consultant's work will be subject to inspections by representatives of the City of Santa Ana. V. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City of Santa Ana. Unless extended by contract amendment, the contract shall terminate upon acceptance by the City of Santa Ana of the project and upon completion by the Consultant. VI. CITY RESPONSIBILITY The City of Santa Ana will be responsible for the following: A. Providing all available existing City plans and records. The Consultant is responsible for researching available records and paying for copies of records. VII. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibilities for all services offered in his/her proposal. The selected consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. VIII. DELAYS The City of Santa Ana reserves the right to delay scheduled dates if it is to the advantage of the City of Santa Ana. IX. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. 25J-18 Project Management Plan and Quality Control Measures Quality Control Measures -Communication As the project develops and meetings are held, various forms of communication between PACE and the City shall take place. To minimize miscommunications and misdirection, PACE has developed the following procedures for each type of communication: • Face to Face Meetings -PACE will follow up each meeting with a summary to include attendees, subject, decisions made, questions and concerns, and meeting results. A document will be generated and e-mailed to all parties involved and a copy of the meeting notes will be kept in the project folder for further reference. • Telephone conference calls -PACE will follow up conference calls in the same manner as face to face meetings. • Project related telephone conversations -PACE will generate a summary of the conversation to document any direction, information and questions or concerns of either party. The phone summary will be e-mailed to the party involved in the phone call and a copy of the document will be kept in the project folder for further reference. • E-mails between PACE and Client will be copied into the project folder for future reference. • E-mails between 3rd Party and PACE related to the project, i.e. agencies or contractors, etc., will be CC'd as needed to the Client, and a copy of the a-mail document will be kept in the project folder. During each facet of the assessment, PACE is in constant contact with key personnel from the City of Santa Ana. PACE will verify and confirm various aspects of the assessment either by phone calls, e-mails, and as the need arises, face to face meetings to ensure that the service PACE provides is what the City has contracted us to do. The above communication procedure allows PACE to utilize our many experts to monitor the project efficiently. Quality Control Measures -Cost Control To control the cost of the project and not exceed the contract amount, PACE maintains a quality control approach during the assessment process. These quality control tools consist of but are not limited to: • Budget accuracy -Accurate initial budgets from project start. • Budget control -Frequent monitoring and control of any design change that affects cost. • Project clarity -Clear understanding of project requirements. • Project process and design review - On an as-needed basis, PACE will meet with the Client to discuss work objectives, schedule and progress to date. Budget issues and concerns, and other related items in order to resolve issues promptly and to stay on schedule and within budget. • Project scheduling -PACE will complete a project schedule that outlines the various tasks and duration of each task. Project schedule will be updated periodically and any anticipated changes will be updated and reported to the Client. An initial schedule of the project has been included in this proposal. 25J-19 March 31, 2008 Mr. Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, MS M36 P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5360 Re: City of Santa Ana Pool and Fountain Renovation Projects # 9076EP Dear Mr. Nguyen: This letter is in response to your request for clarification of our proposal related to subconsultants. Our scope of work includes the following as it relates to each sub- consultant: Electrical Engineer Sub-Consultant - An electrical engineer will be required to size all necessary electrical components for the redesign of the fountain. This includes single line diagram, load calculations, panel schedule, and equipment wiring diagram. An appropriate service entrance section and meter is already in place, so this is not included in our scope. We anticipate that there will be changes to the fountain to require this scope. This is for the fountain only and does not include the pool. For the pool facility, we anticipate that our electrical engineer will inspect the facilities to be in compliance with any code requirements. A report will be generated that indicate any recommendations that we may have for the facility. Our scope of work will not include any repairs or design based on the recommendations made by our sub consultant. Structural Engineer Sub-Consultant -The structural sub-consultant is included in our scope to review the existing facilities and make recommendations for any renovation that may be necessary. We do not anticipate that there will be any major renovation to the structural integrity of both the fountain and the pool based on our site visit. After our structural subconsultant is done with their review, a report will be generated to document their findings. This is the only scope included related to the structural sub-consultant. Any findings that requires a redesign of the facility is not included in our proposal. Hopefully this clarifies any questions you may have on the issue. If you require further clarification, please call me to discuss. Thank you. We look forward to hearing which consultant is selected for this project. Sincerely, PACIFIC ADVANCED CIVIL ENGINEERING, INC. Sonny O. Sim, P.E. Vice President -Recreational Water SOSldb 25J-20 April 7, 2008 Mr. Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, MS M36 P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5360 Re: City of Santa Ana Pool and Fountain Renovation Projects # 9076EP Dear Mr. Nguyen: Per your request during our conversation today, please find our structural, electrical, and mechanical sub consultant qualifications. For a typical pool and fountain project, PACE provides all the management services as the prime consultant and the following design services: Structural 1. Retaining walls 2. Pool and fountain basins 3. Below grade cast in place pump stations 4. Above grade masonry or concrete buildings (single story) 5. Concrete fountain structures Electrical 1. Controls and instrumentations Mechanical 1. Hydraulic design including pump and pipeline sizing 2. Pump equipment room ventilation. 3. Pool heater sizing (does not include complicated heater ventilation). 4. Blower/compressor equipment sizing. Our sub consultants are required on items that are outside of our experience and capability. Our sub consultants perform the following duties: Structural (Wright Engineering, Irvine, CA) 1. Structural code assessments 2. Design of more complicated structures (retaining walls, pump stations, etc.) 3. Bridges 4. Timber structures Electrical (Taylor Rymar Corporation, Phoenix, AZ) 1. Load calculations 2. Panel diagrams 3. Single line diagrams 4. Wiring diagrams 5. Electrical code assessments 25J-21 Mechanical (South Coast Engineering, Calabasas, CA) 1. Heater ventilation Thank you for speaking with us about the proposal. We look forward to hearing from you in the future. Sincerely, PACIFIC ADVANCED CIVIL ENGINEERING, INC. Sonny O. Sim, P.E. 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