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HomeMy WebLinkAbout12 - PSA with Civil Works EngineersAgenda Item No. 12 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949 - 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Patrick Arciniega P.E., Senior Civil Engineer 949 - 644 -3347, parciniega (a)newportbeachca.gov APPROVED: 0. TITLE: Professional Services Agreement with Civil Works Engineers for Dover Drive and Westcliff Drive Street Rehabilitation Project The City is planning to reconstruct Dover Drive and Westcliff Drive upon completion of the trunk sewer improvements, currently being constructed by the Orange County Sanitation District (OCSD). This presents the opportunity to beautify the median on Dover Drive and West Coast Highway. Staff recommends using a private Civil Engineering firm to prepare the plans and specifications. Staff requests approval of a Professional Services Agreement with Civil Works Engineers to provide necessary engineering services for the Dover Drive and Westcliff Drive Street Rehabilitation project. RECOMMENDATION: 1. Approve a Professional Services Agreement with Civil Works Engineers of Costa Mesa, California, for engineering services at a not -to- exceed fee of $220,360.00, and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve Budget Amendment No. 14BA -020 recognizing $633,000 in contributions from Orange County Sanitation District (Revenue Account No. 250- 4858) and appropriating $50,000 to the Dover Drive and Westcliff Drive Street Rehabilitation project account (7251- C2002018.) Professional Services Agreement with Civil Works Engineers for Dover Drive and Westcliff Drive Street Rehabilitation Project November 12, 2013 Page 2 FUNDING REQUIREMENTS: At its June 11, 2013 meeting, the City Council approved a reimbursement agreement with OCSD to receive contributions in the amount of $633,000 for this project. Only $50,000 needs to be appropriated at this time to cover design expenses which will be augmented with other funds included in the budget. With approval of the budget amendment, sufficient funds are available for this project. DISCUSSION: Rehabilitation of the asphalt pavement on Dover Drive and Westcliff Drive and reconstruction of the medians on Dover Drive are the primary purposes of the project. However, the project will include aesthetic improvements to the median and enhancements to landscaping. The limits of this project include Dover Drive from West Coast Highway to Irvine Avenue, and Westcliff Drive from Dover Drive to Irvine Avenue. In addition, the project will address damaged or non - standard concrete sidewalk, curb and drainage improvements. Existing trees, landscaping and irrigation systems within the project limits will be evaluated to correct any existing deficiencies. Construction will be coordinated to take place after completion of the Orange County Sanitation District's Dover Drive Trunk Sewer Replacement project. On June 11, 2013, the City Council approved a Reimbursement Agreement with OCSD providing for a contribution of $633,000.00 from OCSD for its share of the street rehabilitation cost which will be applied towards this construction effort. In accordance with Council Policy F -14, five firms were invited to submit proposals to provide Civil Engineering design services for a similar project, the Old Newport Boulevard/West Coast Highway Modifications project on January 7, 2013. Five proposals were received and the City Council awarded a Professional Services Agreement to the highest ranked proposer. Civil Works Engineers was ranked a close second in the consultant review process. Being that the scope of work for this project is similar; staff reviewed and selected Civil Works Engineers for the Dover Drive / Westcliff Drive Street Rehabilitation project based on the firm's qualifications, past experience on similar projects, and current availability. Upon this selection, staff negotiated with Civil Works to provide design and construction support services for a not -to- exceed fee of $220,360.00. Civil Works has satisfactorily completed similar street projects for the City and other Southern California agencies in the past. The scope of Civil Work's services includes the following: • Preliminary design, including field reconnaissance, utility coordination, design recommendations and detailed report. • Management of necessary Sub - consultants. • Design, which includes the preparation of construction documents. • Post design, which includes bidding and construction support services. Professional Services Agreement with Civil Works Engineers for Dover Drive and Westcliff Drive Street Rehabilitation Project November 12, 2013 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. A Categorical Exemption for this project will be filed by staff. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Public Works Director Attachments: A. Professional Services Agreement with Civil Works Engineers B. Location Map C. Budget Amendment Attachment A PROFESSIONAL SERVICES AGREEMENT WITH CIVIL WORKS ENGINEERS, INC. FOR CIVIL ENGINEERING DESIGN SERVICES FOR DOVER DR. AND WESTCLIFF DR. REHABILITATION THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 13th day of November, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and CIVIL WORKS ENGINEERS, INC., a California corporation ( "Consultant'), whose address is 3151 Airway Avenue, Suite T -1, Costa Mesa, CA 92626, and 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 desires to engage Consultant to provide Civil Engineering design services related to pavement rehabilitation and landscape improvements on Dover Drive and Westcliff Drive ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to - render professional services under the terms and conditions set forth 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 Effective Date, and shall terminate on June 30, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 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 the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Twenty Thousand Three Hundred Sixty Dollars and 00/100 ($220,360.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Civil Works Engineers, Inc. rage 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Marie Martson, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. ;isomEALIMT il6Ii:7-111111[9]0 This Agreement will be administered by the Public Works. City's Senior Civil Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 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 highest professional En 111 r.x.. _.a. m Civil Works Engineers, inc. Page 3 standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 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, 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. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. 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. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Civil Works Engineers, Inc. Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or 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. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for 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 means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. 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 the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Civil Works Engineers, Inc. Page 5 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived 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. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for 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 w.raxv v�n:::x :s:. va.:x,.rx xa. azv::. x. rcrr: s�. w^ ��xn 'mzo-azr,:nnamva..xvnoax�rkresauas nnanm+�cttvcecre�rcen.�cci Civil Works Engineers, Inc. Page 6 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 original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 17.4 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's 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 consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) Civil Works Engineers, Inc. Page 7 years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. 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 to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant 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 as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. 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 what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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 any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 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 immediate 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. Civil Works Engineers, Inc. Page 8 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of 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. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Patrick Arciniega, Senior Civil Engineer Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Marie Marston, P.E. Civil Works Engineers, Inc. 3151 Airway Avenue, Suite T -1 Costa Mesa, CA 92626 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, 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) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure Civil Works Engineers, Inc. Page 9 such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 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 Civil Works Engineers, Inc. Page 10 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 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 herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Civil Works Engineers, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNIl OFFICE Date: 10 IM 0 By: p Tpr Aaron tHarp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Bv: Keith D. Curry Mayor CONSULTANT: Civil Works Engineers, Inc., a California corporation By: Marie Marston, P.E. President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Civil Works Engineers, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES xis. nrmanauvwsm�sammauucnscaaa¢ nrcrmr.^ �armruxvuvssmurcvsusus_ vs_ nmcarsruasscmvsmw .rx,uuumrzxccra2asxc�. rsra - •-- ••.••,xrrasaervnvazarmauaxr xuaaae Civil Works Engineers, Inc. Page A -1 Civil Works Engineers October 22, 2013 Patrick Arciniega, P.E, Senior Civil Engineer City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Dover Drive & Westcliff Drive Rehabilitation Thank you for the opportunity to present a proposal for civil engineering design services related to pavement rehabilitation and landscape Improvements on Dover Drive and Westcliff Drive. The following outlines our understanding of the project, our scope of work, and fee. Protect Understanding The City is requesting the design of improvements to Dover Drive from Irvine Avenue to Pacific Coast Highway (PCH) and to Westcliff Drive from Dover Drive to Irvine Avenue. These improvements are expected to include: Dover Drive • Pavement rehabilitation consisting of asphalt concrete overlay with areas of dig out repair as necessary. • Pavement reconstruction may be required in areas of excessive damage, minimal cross slope, and /or drainage ponding issues • Pavement rehabilitation of existing Mariners Park surface parking lot and drive aisle • Repair of existing curb, gutter and sidewalk as needed • There are areas of damaged sidewalk caused by private property trees. • There are areas of damaged curb, gutter and sidewalk caused by City trees, generally Ficus trees between Westcliff Drive and Mariners Drive. These trees have a poor root system and numerous surface roots, If these trees are to remain, the City suggested potentially reconstructing the curb and gutter into the existing roadway to add one -foot width to the parkway and thereby reducing the roadway by one-foot. • Reconstruction /installation of curb ramps, as applicable • Reconstruction /modification of intersection cross gutters, as applicable • Reconstruction of raised median separating Dover Drive and Mariners Park surface parking lot • Remove existing median landscape and hardscape, with the exception of existing pine trees. Pine trees will remain unless recommended for removal by City Arborist. 3151 Airway Avenue, Suite T -1 Costa Mesa . CA . 92626 T 714,966.9060 . F 714.966.9085 www.civilworkserglneers.com Mr. Patrick Arciniega Dover Drive & Westcliff Drive Rehabilitation October 22, 2013 • Install new plant material and median nose paving • Add /modify irrigation systems, as applicable • Near PCH, expand existing medians where available and provide new planting and irrigation • Traffic signal modifications at the Dover Drive and Cliff Drive, Dover Drive and 16th Street, and Dover Drive and Irvine Avenue intersections. Partial modification will be completed at Dover Drive and Westcliff Drive. • Rehabilitation of existing CMP storm drains. Rehabilitation will be either lining or replacement depending on existing condition of the each pipe. Video inspection provided by the City will provide the existing conditions. • Reconstruction of catch basin access lids. The existing square access lids will be replaced and reconstructed with current circular manhole lids. Westcliff Drive o Pavement rehabilitation consisting of full width grind and asphalt concrete overlay o Repair of existing curb and gutter and sidewalk, as needed o Reconstruction /installation of curb ramps, as applicable o Remove existing turf at triangular island at Dover Drive intersection, regrade area and install new plant materials. Modify irrigation system as needed. o Protect existing center median curbs, landscaping, and irrigation. Project Team Civil Works will team with subconsultants with ample staff capability, ability to perform the required tasks, good track record of communication, responsiveness and delivery of public projects to make this project a reality. We have also verified that each team member currently has the resources available to complete the project. Our project team includes: Iteris NUVIS Forkert Engineering and Surveying Traffic Engineering Landscape Architecture Surveying and Right of Way JrE�° Iteris specializes in the design, evaluation and operation of intersections and arterials to improve the efficiency and safety of vehicular traffic flow, pedestrian mobility, transit operations and bicycle traffic. Services range from intersection layout; traffic signal design; re- striping plans; lighting plans; pedestrian safety studies; traffic control plans; development of arterial traffic calming measures; area -wide street network analysis; on- street parking improvements; inter - jurisdictional agreements; "before" and "after" evaluation studies; transit signal priority timing; and signal timing /coordination analysis. i now NUVIS represents a new vision and a continued commitment to providing N ft J V 7 S innovative and responsible landscape design solutions for private developers, governmental agencies, and other design professionals. For over 40 years, GANWAPEARMIEE,NEE NUVIS has been involved in the planning and design of parks for both A N D P L A N N I N G residential community developers and public agencies. They are very conscious of the image portrayed in their designs. The firm's experience includes an array of commercial, transportation corridors, public park and recreation, planned mixed -use residential communities, and urban redevelopment projects. 2of3 Mr. PatrickArciniega Dover Drive & Westcliff Drive Rehabilitation October 22, 2013 FORKERT ENGINEERING & SURVEYING, INC. Forked Engineering and Surveying, Inc. (FES) is a Professional Civil Engineering and Land Surveying Company providing a wide range of services, including mapping, construction management, surveying, and right -of -way work. They provide survey and right -of -way services for Orange County Sanitation District, Southern California Edison, and AT &T. We have worked with Forkert on a number of projects including current projects with the City of Lawndale and City of Costa Mesa. Resumes and specific project experience are available upon request. Scope of Work Our scope of work is attached as Exhibit A. Fee Task 1— Preliminary Engineering Task 2 — Construction Documents Task 3 — Construction Services TOTAL Our hourly estimates and fees by task are included in Exhibit B. $ 54,090 $145,870 $ 20,400 $220,360 If you have any questions please call. We look forward to working with you again. Sincerely, Marie Marston, P.E. President Attachments; Exhibit A — Scope of Work Exhibit B — Hourly Tasks and Fee Estimate Civil Works Engineers Rate Schedule Iteris Rate Schedule NUVIS Rate Schedule 3of3 Exhibit "A" - Scope of Work for Dover Drive & Westcliff Drive Rehabilitation The following provides an overview of our proposed scope of work. If requested by the City, we can provide a fully detailed scope for each task. All engineering design shall be in accordance with City (and Caltrans where applicable) standards, manuals, and codes. Utility improvements and modifications shall be coordinated and meet all applicable utility company /agency requirements. Civil Works Engineers shall complete the following tasks: Task 1- Preliminary Engineering • Task 1.1 Kick Meeting / Data Collection • Task 1.2 Topographic Survey • Task 1.3 Utility Research and Coordination • Task 1.4 Geotechnical Investigation • Task 1.5 Preliminary Plan and Landscape Concept (30% design) Task 1.1— Kick -Off Meetings, Data Collection, & Review Upon the notice to proceed, a kickoff meeting would be held with the City to establish design directives protocol, discuss project issues, confirm project objectives, and schedule of deliverables. Civil Works will obtain from the City, Caltrans, County and through research, relevant project information, including as- builts, survey control records and mapping, drainage information, right -of -way maps, traffic signal information, previous materials /geotechnical reports, design information, cadd files, survey records, on -site technical reports, and other information as available and necessary. We will perform a field walk to identify noteworthy improvements and features such as utility facilities, drainage facilities, damaged improvements, private property features, etc. The existing project limits will be photographed for use during design, discussions, and as a record of existing conditions. Task 1,2 — Topographic Surveys and Right-of-Way Dover Drive Field survey is needed to obtain precise elevation and location of facilities within and adjacent to the public right -of -way which may be impacted by the project. This will be accomplished by ground design survey. Horizontal and vertical control will be established based on the current County system. Surveying will include precisely identifying the elevations of join points at the project limits, join information on private property, obtaining street cross sections, locating the centerline, driveways, locating manholes and other utility facilities, drainage inlets, walls, signs, trees and other existing topographic culture. Existing street centerline and property lines will be established from record maps and plans. It is our understanding the City is requesting detailed cross sections of Dover Drive showing existing and proposed conditions (see Task 2.2 below). As such, we will need to obtain the required ground design survey for the entire length of Dover Drive, as the use of aerial basemapping will not provide accurate data for the cross sections. Survey cross sections will include intervals of 25 to 50 feet, depending on the section of roadway and pavement conditions. We are happy to discuss this approach in more detail. Exhibit A— Scope of Work for October 22, 2013 Dover Drive & Westcllff Drive Rehabilitation Westcllff Drive It is expected the City will provide acceptable CAD files showing the existing street improvements and medians for use as a basemap by Civil Works. As such, additional topographic survey and basemapping of the roadway is not included in our scope at this time. Task 1.3 — Utility Research and Coordination We will contact the City and private utility companies including water, sewer, telephone, electric, gas, etc. to obtain their most current as -built location information, including the upcoming construction of a new sewer main. Utilities within the sphere of the project limits will be located from as- builts to the extent of available records and the size and type of facility determined. We will then determine the conflicts /impacts the improvements may have with the existing utilities. Subsequently, we will determine whether changes are necessary and if so, determine prior rights. We will coordinate and follow -up with the affected utility companies regarding specific impact locations to identify modification designs or other considerations necessary for final roadway design. The City will be provided our ongoing contact log with the utility companies. Existing utilities within the project area include AT &T, City of Newport Beach water, The Gas Company, Southern California Edison (SCE), Orange County Sanitation District, and Time Warner. It is expected the existing facilities will be protected in place. Discussing the project and coordinating with each utility company early in the design process is needed to incorporate all applicable utility company requirements and standards. Task 1,4 - Geotechnical Investigation and Analysis As discussed with the City, a geotechnical investigation of the existing pavement and recommendations for new pavement sections are not included in the scope at this time. As such, we expect the City will provide direction for new pavement sections (asphalt concrete, ARHM, and PCC) and subgrade preparation as applicable. Task 1.5 — Preliminary Plan and Landscape Concept (30% Design) We will prepare a preliminary plan showing the proposed horizontal geometrics for the project. This will include locations of median expansions, curb ramps, cross gutter modifications /reconstruction, curb & gutter and sidewalk repair, tree removal /protection, limits of planting /median nose paving, and limits of paving. We will also Include a preliminary planting plan showing proposed plant material and tree types. It is expected the City will review and provide comments /direction for the proposed improvements. We will revise the preliminary concept plans to address City comments and re- submit for final City review. We anticipate one meeting with the City to review the proposed project. Task 2 - Constr� • Task 2.1 • Task 2.2 • Task 2.3 • Task 2.4 • Task 2.5 • Task 2,6 ction Documents Design Team Meetings / Coordination Construction Drawings (CDs) Technical Specifications Quantities and Estimates of Cost Caltrans Processing Plan Revisions, Processing and Approvals Exhibit A — Scope of Work for October 22, 2013 Dover Drive & Westcliff Drive Rehabllltatlon Task 2.1- Design Team Meetings and Coordination Regular meetings will be held to provide a forum to regularly review the project progress, The purpose of the meetings will be to discuss project issues, determine design direction, review in- progress documents, etc. We will prepare meeting minutes for review and distribution for the meetings we attend. Task 2.2 — Construction Drawings (CDs) The final design leading to the development of construction documents will be based on the approved preliminary plans. The plan set would likely consist of the following: Descri Lion Number of Sheets Expected Scale Title Sheet 1 NTS Typical Cross Sections 2 NTS Roadway Plan & Profile — Dover Drive 10 1" =40' Pavement Rehabilitation — Westcliff Drive 1 1 " =40' Pavement Rehabilitation - Mariners Park Parkin Lot 1 1 " =20' Construction Details 10 Varies Landscape & Irrigation 12 1" =40' Signing & Striping 4 1 " =40' Traffic Signal 4 1 " =20' Traffic Signal Interconnect 1 NTS Detailed Roadway Cross Sections 10 1 " =10' TOTAL 56 Roadway Plan & Profile The roadway plan and profile sheets will include construction limits of new pavement, median curbs, curb ramps, cross gutters, etc. The plans will clearly show existing utilities and the disposition of each facility. The plans will also note existing survey monumentation that may be obliterated during construction. Direction will be given on the plans and within the specifications to protect and /or restore all monumentation impacted during construction. It is expected the ficus trees damaging the curb and gutter will be removed and the curb and gutter will not be reconstructed into the roadway. As such, designing new curb and gutter profiles in these areas is not included in our scope. It is our understanding the City has an ADA Transition plan; as such, we will review this plan and implement applicable improvements. Construction Details Construction details will include any specific items such as the curb ramps, cross gutters, etc. This will also include site specific items such as private property paving modifications that could potentially be required at driveways, etc. Roadway Cross Sections The detailed street cross sections showing existing pavement conditions will be created at 25' intervals for the entire length of the project. These sections will show any areas of non - standards such as unacceptable cross slopes, drainage patterns, etc. Detailed cross sections showing proposed conditions will only be prepared in the areas of existing non - standards. Exhibit A — Scope of Work for October 22, 2013 Dover Drive & Westcliff Drive Rehabilitation These details assist the plan checkers during review and the contractor and inspector during construction to the intent of the design. Signing and Striping Plans Signing and striping plans will be prepared for the project area. The design proposed will include all of the details and notes necessary for the signing, curb markings, and striping along Dover Drive between Coast Highway and Irvine Avenue, We will field walk the entire project area from Coast Highway to Irvine Avenue taking inventory of all the existing signage and curb markings. The design will capture any signs that need to updated per MUTCD requirements and add any additional signage that will improve driver awareness and safety. The plans will include all the necessary striping transitions to join with existing striping. The plans will be produced using the available CAD base information and will be prepared using City design standards at a scale of 1' = 40'. The City will provide the latest CAD files detailing the existing striping between Coast Highway and Westcliff Drive. Signal Modification Plans Full traffic signal modification plans for the Intersections at Dover Drive and Cliff Drive, Dover Drive and 16th Street, and Dover Drive and Irvine Avenue will be prepared with a partial modification plan for the intersection at Dover Drive and Westcliff Drive. The plans will conform to the requirements of the City of Newport Beach and will be designed per California Department of Transportation (Caltrans) standards and specifications. The plans will include all notes and details for the construction of a modified traffic signal system at the intersections with new /modified poles, mast arms, luminaires, video and /or loop detection, pedestrian push buttons, signals, and wiring. In addition, we will also ensure that proper vertical and horizontal clearances are provided between the new poles and any overhead electrical wires. Signal Interconnect Plan A signal interconnect plan will be prepared for the project area. The design proposed will include all of the details and notes necessary for the installation of new twisted pair signal interconnect cable along Dover Drive between Coast Highway and Cliff Drive. The plan will include all necessary conduit, pull boxes, and cabling for a complete design. Landscape and Irrigation Plans Final landscape and irrigation plans will be prepared meeting current City requirements and standards for plant material, irrigation facilities and future maintenance. We do not expect irrigation improvements or modifications to the existing parkway landscape strips adjacent to homes and businesses and as such are not included in our scope at this time. Construction Staginq We will coordinate with the City to determine acceptable construction staging phases. It is important to determine for the contractor, City, businesses and residents limits of the work area, traffic flow and traffic impacts during construction. It is expected the staging and traffic control requirements will be presented in the project specifications, but plans will not be prepared. The Contractor will be responsible to prepare traffic control plans for City review and approval based on their proposed timing and methods of construction. Task 2.3 — Technical Specifications Technical specifications and bid schedule will prepared for the design elements following the latest City format. The various items of work and their specific payment clauses including payment method will also accompany the technical specifications. Exhibit A —Scope of Work for October 22, 2013 Dover Drive & Westcliff Drive Rehabilitation Task 2.4 - Quantities and Estimates of Probable Construction Cost A construction quantity and cost estimate will be prepared for each submittal. The estimate will show quantities and unit prices -for each item along with appropriate mobilization and contingency costs. Our unit prices will be based on a combination of prices obtained from recent construction bids for similar projects and discussions with City staff and with others in the industry. The items listed in the cost estimate will be the basis for the preparation of the bid list. We will work with the City to ensure the bid schedule is in accordance with preferred item list, method of measurement, etc. Task 2.5 — Caltrans Processing Pacific Coast Highway is under Caltrans jurisdiction, therefore any proposed work or modification to facilities within Caltrans right of way will require an encroachment permit. It is expected the proposed traffic signal detector loop replacement and landscape and irrigation improvements will require approval and an encroachment permit. We do not expect curb and gutter, sidewalk or curb ramp modifications or improvements within Caltrans right of way. We assume the City has an existing landscape maintenance agreement with Caltrans for the existing medians. We will need a copy of the agreement as part of the encroachment permit application to Caltrans. We do not expect the agreement will require modification. Task 2.6 - Plan Revisions, Processing, and Approvals We will make four submittals of the CD package to the City and Caltrans. These will include a 75 %, 90 %, 100 %A, and final submittal for approval and permits. After incorporating the comments, final mylar prints will be prepared. These submittals will follow the City's drafting standards, format, and conventions and would likely consist of the following deliverables: 75% Submittal — City Only o Plans with details to review impacts, Outline Specifications, and Cost Estimate, • 90% Submittal — City and Caltrans o Complete Plans, Complete Specifications, Cost Estimate, and Bid List • 100% Submittal — City and Caltrans o Revised Plans, Complete Specifications, Cost Estimate, and Bid List Final Submittal — City and Caltrans o Reproducible Plan Set, Electronic Plans, Calculations, Cost Estimate (Electronic & Hard Copy), Specifications (Electronic & Hard Copy), and Bid List (Electronic & Hard Copy). Task 3 - Construction Support Task 3.1 Support Services Task 3.1— Support Services We will provide technical support during bidding to respond to questions, review shop drawings, construction to respond to questions, clarify plans and specifications, produce addenda, and revise plans as needed. We will also attend the pre- construction meeting and attend site meetings as requested by the City. As -built plans will be prepared at the conclusion of work using redlines plans provided by the Contractor and City. Exhibit A —Scope of Work for October 22, 2013 Dover Drive & Westcllff Drive Rehabilitation Exclusions The following items are not included in our scope of work: • GeotechnicalInvestigation o Assumed provided by City • Irrigation Improvements /Modifications to Roadway Parkways • Reconstruction of curb and gutter into the existing roadway • Drainage Report o Project will not impact existing drainage conditions • Water Quality Management Plan (WQMP) o Project improvements are expected to be exempt from requirements • Traffic Handling /Staging Plans o To be prepared by Contractor after award of construction contract • Agency plan check fees EXHIBIT B SCHEDULE OF BILLING RATES Civil Works Engineers, Inc. Page 8 -1 E H<BIT -e OUEM: 6lY O4WeapPd aearll Livg War.F. EnSnom: PROJ: Dover OrtveBWOSIdIff Otivc -Road l:dmbilas5an PRQIECf LAEO0. ESTp1ATE PROPOSAL N0: OATS itl 3 AR i a eF t`ua '90 SQ `Eg S i0 m O y gJBTOTAI TOTAL MR Worle WAS Imria Fprlmt Nourly RVls $160 §12a Si00 $60 $185 $160 $140 $110 $95 5230. SUS SIM $95 $95 $105 $68 $58 5% Takt Paliminary Engineering K'kofiM�'ing 2 3 1 ms 3 3 2,,015 12 V.790 Topo SUNey -Cava' 1 1 1 0.:5 56 28 80 i2 SN,4]8 51,,24 179 $26,C45 umty RLSeud, 6 Savo 6 $600 Way Basanap 1 8 8925 9 8925 SM. Dm¢, R-i. 5 $11. 8 $1,000 51 Visit 0 6 $"= 2 8 P ffim 34 $15/0 Braemzp Ravisans -Dover 1 2 4 $810 ] $810 Bawnsp Rmi,sone -WMdnT 1 2 6 Sf1010 9 ST,O. OIM 2 8 $1050 W 51,05p PWMCnlalend Plat 2 8 6 $2120 6 10 16 S4,S10 50 Am R¢tiae P2lim Pfan l 4 8 $1.460 1 4 5 SL375 23 $2885 T eSgnallmes8gatlsn 2 8 le 1S $$140 42 85140 GH A1ad'm9 2 2 55)0 4 SM Ad aM 2 2 4 5810 H 5810 TAMSUSTOTAL 853,745 R�mWrva'J^es 5945 TASKMTALHO S 12 43 Fi 8 12 25 B 21 2 B 18 16 59 SB 9J IZ 401 TASKTOTALF $1,920 S5,3]5 S5,6w 1 5360 5132551 $2220 S4.m $1.120 $2310 50,850 S4.L $1 240 5,,920 $T,520 $ry140 ISN.40 $2946 $a4 O £693 324.' §1,224 SSC 090 is P P58E TigeM. 1 2 Si25 9 $,TyS Typiael DmssS Dm 1 4 16 52260 2f $,26p -Rfl19D PreM1 -OOV¢r 1 12 24 $9,O6G i $4,050 Pim&Pmffi3O ver 2 18 40 $6,320 58 U,320 Reivb PLan- Nfesldiff 1 4 16 14260 21 32250 CarsWClion Detests t 19 W mi. 5] 86160 PaMng Lat RCeab t 8 18 $2760 25 $2,]80 Oda9ed CYOS $ecC'ans 1 12 A Me. .,^J $5 &RO Stmt Omin MH MOdlficatlme 4 8 51.300 72 $1,3W Strom DNm Lint03 t 8 16 S 7W 25 § m Sfmn Otain RePles of 1 19 24 SS,660 41 S4,S0 LdMSS Plan 1 2 $410 2 2 52 51,970 =9 w a$P9 ttri8etion Plv: 1 2 5910 2 30 6? $11,990 $WO W $,3,000 S19asl Pfaas 1 1 $2&5 a 24 60 m S2g36o 174 324645 Sig,pl Weru'mnaY 1 SM 2 8 le 24 SS9tl0 51 S9f15 SIgNn9 and cNWt9 1 2 5410 6 10 32 68 $ff,330 99 511,740 SP- 2 1a 4 5.550 2 2 16 SO5 1 7 9 $2545 $1 US 63 57,258 Etlmtale 1 4 8 5;480 1 4 5 5:,3]5 1 4 ] 9 S;595 b69 44 5$449 Cakta,¢Pmtzsi�g 4 20 16 5£750 S4,T40 90q SuhmilFel a 24 00 $40.250 92 514280 IaM SLbmitlal 4 16 32 W'BM1 @ S38t0 Fitral SW and 1 4 12 51.860 19 S1.B60 Cty MwS�s(2) 6 8 S19M 14 SL900 PA,m,IWpN 0 le 0 0 54,290 0 1a 6 ,..830 88 80.670 TASKSURTOTAL 5145669 Relmbu�Nas SOOT T65KTOTi1L NO11R5 19 2Y) 3)B 12 13 56 B 0] I 18 i8 50 112 170 1.223 TASKTOTALFF 87,3W 521.125 S3T,B00 5]20 SI3.Wi 52,505 $0.900 0..120 S)370 $1,360 59215 80.140 5),]50 SM,6(0 H6,150 8U,6B0 S1.iW MSSwo Ttik3 CMi4YgIg13WP4R RFIBSM1q, Onsdng¢ 2 8 a S21?U 12 j $t,➢20 2 8 8 ,fi, 660 48 X77 PrmBd BPmCarmi Mlpa 1 8 51.169 2 5460 11 51,520 58e nxetitgs {2) 6 8)50 32 55,120 d 8 S1,m 50 4),459 ha Britt Hato 2 4 6 81,x➢ 6 ,5950 8 vw 28 V}, Adm'mJCeatlitv8on 2 4 2 440 B TASK SDUTOTAL I I 80,050 ReimbOm . I I I I I I I 550 TA 146 TASKS i£E 51,120 50 51600 5120 ".11 54,000 52. I $920 1 5110 1 SStPA $760 ¢(460 I I I 1 1 4N,4W GRAND TMAL 65 260 450 20 $92.851 25 131 66 88 16 895.865 24 711 154 144 553280 56 28 80 12 $26,869 1,769 GRAND TOTAL 3220,350 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented CO_ 4. 0' JMW. M_ N_ RSfTAAtIRGJllITLL94` 4NJiRYfiMANURiIPP lVSIOlRImiC1�SlYLrtll/OE7PP SL[ RSVJX�IVLP�NtlH�il �r![] BASpN68JTJ> m¢ 9TTE35@ fRLII9l mC0 ¢S�+Ffi�ll: ®�ISY�S06hty,LZNIDk 14PIRM3lP'W'J Civil Works Engineers, Inc. Page C -1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Civil Works Engineers, Inc. Page C -2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. 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. Civil Works Engineers, Inc. Page C -3 YA �<x " � v \O� COAST HWY --®' �-� DOVER AND WESTCLIFF DRIVE PAVEMENT REHABILITATION Q N.L.S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -5583 City of Newport Beach BUDGETAMENDMENT 2013 -14 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X �X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 14BA -020 AMOUNT: $633,000.00 �X Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations to recognize revenue from the Orange County Sanitation District per Reimbursement Agreement approved by Council on 6/11/13 for the Dover Drive and Westcliff Drive Pavement Rehabilitation Project. Revenue was billed and is expected in FY14, which will be applied towards the cost of this contract for engineering services. The rest of the CIP project will be budgeted in FY15. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 250 3605 REVENUE ESTIMATES (3601) Fund /Division Account 250 4858 EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit Contributions Fund - Fund Balance $583,000.00 Description Contrib Fund - Refunds & Rebates -From Govts. $633,000.00 Description Division Number 7251 Contribution Account Number C2002018 Dover/Westcliff Dr. Street Rehabilitation $50,000.00 Signed:/ l� 4 If j?, Financial Appro i f mance Di €c r Date Signed: A ' is ive Approval: City Manager ate Signed: City Council Approval: City Clerk Date