HomeMy WebLinkAbout11 - 04BA-073 - C-3695 - Bay Avenue Area Street & Drainage ImprovementsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
June 22. 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
William Patapoff, P.E.
949 - 644 -3311
bpatapoff@city.newport-beach.ca.us
SUBJECT: BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS -
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH
PENCO ENGINEERING, INC. FOR DESIGN SERVICES, C -3695
RECOMMENDATION:
1. Approve a Professional Services Agreement with Penco Engineering, Inc. of
Irvine, CA, for preliminary and final design services for the Bay Avenue area at a
contract price of $175,314 and authorize the Mayor and City Clerk to execute the
Agreement.
2. Approve a budget amendment transferring $76,385 from Engineering Services
Professional and Technical, account 5100 -8080, to General Fund - Bay Avenue
Street and Drainage Improvement, account 7013- C5100759, and $98,929 from
Gas Tax — Balboa Island Pavement Improvement, account 7181- C5100645, to
Gas Tax - Bay Avenue Street and Drainage Improvements account, 7181-
05100759.
DISCUSSION:
The Bay Avenue area from Palm Street to 7'h Street (see attached location map) is in
need of street and drainage improvements. The grades of the streets are very flat and
therefore do not drain to the harbor outlets at the street ends. During the rainy season
runoff ponds in the streets and nuisance water stands in the roadways throughout the
year. In addition, the streets which were built as the peninsula developed, have
cracked and settled to the point where they have been patched a number of times and
have been capped to fill in the voids. In order to improve the roadways in the area, the
street grades need to be established so that the water flows along the curbs. To
accomplish this, drainage facilities need to be extended in the Bay Avenue area.
Staff prepared a Request for Proposal asking five qualified engineering firms to perform
studies and design services to improve the drainage facilities and provide options to
rehabilitate the streets.
SUBJECT: Bay Avenue Area Street And Drainage Improvements - Approval of Professional Services Agreement with
Penco Engineering, Inc. for Design Services
June 22, 2004
Page 2
The following three firms responded to the City's Request for Proposal
• Boyle Engineering
• Penco Engineering
• Van Dell & Associates
The proposals were independently reviewed to evaluate each firm's qualifications, past
experience on similar projects, and availability before ranking Penco Engineering the
highest. Upon selection, staff negotiated with Penco Engineering to provide the
necessary scopE! of services for a fee of $175,314. Penco Engineering has completed
engineering services competently and professionally on similar projects in the City of
Newport Beach and for other local agencies in Southern California.
The scope of engineering professional services will include:
• Site evaluation and design survey
• Utility coordination and potholing
• Pavement evaluation and recommendations
• Drainage hydrology and hydraulics with recommendations
• Final plans, specifications, and estimates
• Construction support and as- builts
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds will be
available in the following account for the project:
Account Description
General Fund
Gas Tax
Environmental Review:
Account Number Amount
7013- C5100759 $76,365
7181- C5100759 $98,929
Total: $175,314
Not applicable at this time. Staff will determine what CEQA documentation is required
afterthe preliminary engineering phase.
Prepared by:
William Pataloom P E.
City Engineer
Attachment: Professional Services Agreement
Location Map
Budget Amendment
Submitted .
Stephen G. EYaduVn
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PROFESSIONAL SERVICES AGREEMENT WITH
PENCO ENGINEERING, INC.,
FOR BAY AVENUE AREA STREET AND DRAINAGE IMPROVEMENTS
CONTRACT NO. 3695
THIS AGREEMENT is made and entered into as of this day of
2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and PENCO ENGINEERING, INC. a corporation whose address is One
Technology Park, Building J -725, Irvine, California, 92618 ( "Consultant'), 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 is planning to improve the streets and drainage in the Bay Avenue area from
Palm Avenue to 7th Street.
C. City desires to engage Consultant to design the streets and drainage system in
the Bay Avenue area from Palm Avenue to 7th Street as described in Exhibit A,
scope of work ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be George A.
Jurica, P.E.
F. 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 above written date, and shall
terminate on the 30th of June, 2006, 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. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
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. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator 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.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
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.
In no event shall Consultant's compensation exceed One Hundred Seventy -five
Thousand, Three Hundred Fourteen and 00/100 Dollars ($175,314.00)
without additional authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.1 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
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reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work 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
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 Carlos A. Pineda, 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.
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.
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6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. William
Patapoff, P.E. shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator or his/her
authorized representative shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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 community professional standards. All services shall be performed
by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
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8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's work
promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
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, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and /or design defects [if the
design originated with Consultant]) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and /or
omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by
any of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's 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.
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.
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
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to direct Consultant as to the details of the performance 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 and /or his /her
duly authorized designee 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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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
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Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change. The insurer shall
agree to waive all rights of subrogation against City, its officers,
agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the 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 vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which covers
the services to be performed in connection with this Agreement in
the minimum amount of one million dollars ($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant,
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
A. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional 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.
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 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
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the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (1110 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in this
Agreement shall create any contractual relationship between City and
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. 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
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.
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.
All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with
a minimum thickness of three mils. Consultant shall provide to City 'As- Built'
drawings, and a copy of digital ACAD and tiff image files of all final sheets within
ninety (90) days after finalization of the Project. For more detailed requirements,
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a copy of the City of Newport Beach Standard Design Requirements is available
from the City's Public Works Department.
18. COMPUTER DELIVERABLES
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
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
City in ".dwg" file format on a CD, and should comply with the City's digital
submission requirements for Improvement Plans. The City will provide AutoCAD
file of City Title Sheets. All written documents shall be transmitted to City in the
City's latest adopted version of Microsoft Word and Excel.
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 authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this
Agreement.
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22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures and disbursements charged to City, for a minimum period of three (3)
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.
23. 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 his /her 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.
24. 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 bome by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees
may be subject
to the provisions of the
California Political Reform Act of
1974 (the "Act "),
which (1)
requires such
persons to disclose any financial
interest that may
foreseeably
be materially
affected by the work performed under this Agreement, and (2)
prohibits such
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persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
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.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Bill Patapoff, City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Carlos A. Pineda, P.E.
Penco Engineering, Inc.
One Technology Park
Building J -725
Irvine, CA 92618
Phone: 949 - 753 -8111
Fax: 949 - 753 -0775
28. TERMINATION
In the event that either parry 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
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necessary to cure such default, the non - defaulting parry may terminate the
Agreement forthwith by giving to the defaulting parry written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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. 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. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. 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.
32. 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.
33. 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.
13
34
35.
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.
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.
36. 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 or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
A Municipal Corporation
In
Mayor
for the City of Newport Beach
CONSULTANT:
93
George A. Jurica
President and Principal
Penco Engineering, Inc.
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f: \users \pbw \shared\agreements \fy 03 -04 \penco -bay avenue improvements.doc
14
E Y,\-1 rF3 t7- '/l,'
PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES -
BAY AVENUE AREA STREET AND DRAINAGE
IMPROVEMENTS FROM '7TH STREET TO PALM AVENUE
REVISED SCOPE OF IA7ORK
A. KICK -OFF MEETING
PENCO Engineering, Inc. will schedule a Kick -off Meeting with the
City representatives. This meeting will serve to:
1.0 Develop the basic working relationship between the City,
County, utility agencies and other agencies involved in the
project by discussing responsibilities and proper lines of
communication.
2.0 Discuss the project requirements, scope of work and project
approach.
3.0 Establish a schedule and time and place of the future Project
Team Meetings
B. RESEARCH AND REVIEW OF AVAILABLE DATA
PENCO Engineering, Inc. will research and obtain City records and
documents including, but not limited to, existing improvement
plans, topographic data maps, "As- Built" drawings, utility plans, -
geotechnical reports, studies and other pertinent information. The
Project Team will review this information prior to beginning
surveys and preliminary design.
C. SITE EVALUATION
Perform visual field inspection of the street to determine areas of
structural damage of existing AC and PCC pavement, curb, gutter,
driveways, and sidewalk. Identify street sections that exhibit
structural damage and establish the areas that need overlay and
areas that need total replacement. In addition, PENCO
Engineering, Inc. will evaluate existing access ramps and driveways
for compliance with ADA requirements. PENCO Engineering, Ine.
will also identify potential drainage problems and possible feasible
locations for proposed catch basin inlets for the proposed storm
drain system.
SCOPE OF WORK
D. DESIGN SURVEY
PENCO Engineering, Inc. will provide the Design Surveys,
including topography and cross sections, for this project. The
survey for the project will be certified by a licensed surveyor and
consist of the following:
1.0 Establish horizontal and vertical survey and construction
control for the complete length of the project.
2.0 Perform field survey for the removal and replacement of
existing pavement and /or for the placement of overlays., for
the construction or replacement of the existing handicap
access ramps and driveways, and construction of new curb,
gutter and sidewalk. Work may include, but not be limited
to:
2.1 Cross section elevations taken at 50 ft. intervals. The
sections will follow this format: property line / right -
of -way, top of curb, flow line, edge of pavement,
striping lane lines, finish surface at the centerline.
2.2 Locate topography and take cross sections to
adequately show the condition of the project site prior
to construction. We will reduce the data to a form
showing centerline station, offset from centerline, and
elevation. In areas ca =here widening is proposed, the
topographic survey will extend beyond the right -of-
way in the following mariner: 50 ft. for side streets
and 300 ft. at major intersections.
2.3 Locate visible existing improvements within the street
right -of -way.
2.4 Provide 0.5 ft contours.
2, 5 Provide additional elevations to design drainage
facilities.
2.6 As an optional task, we have added additional survey
to provide 25' sections instead of 50' sections. This
would help in the preparation of the drainage study.
3.0 PENCO Engineering, Inc. will sign, date and submit all
original survey notes to the City within 15 working days
after the completion of the survey
SCOPE OF WORK
E. UTILITY COORDINATION
PENCO Engineering, Inc. will coordinate with the utility agencies
throughout the design phase. If the proposed improvements
interfere with existing utilities, we will arrange to have potholes
taken by the utility company, if this can be accomplished in a
timely manner. Otherwise, any needed potholing will be
performed under a potholing allowance provided in this agreement
as an optional item. PENCO Engineering, Inc. will secure permits,
if needed, from utility companies for the design and construction of
the project. At this time, we do not anticipate the need to secure
additional right -of -way.
F. BASE SHEETS
PENCO Engineering, Inc. will prepare Base Sheets utilizing the
design survey, utility search data and existing street improvement
plans for the project. These Base Sheets will be utilized for the
preliminary design of the street widening and pavement
rehabilitation / traffic signal modifications and signing and
striping plans. The plans will be prepared at a 1 " =20' scale for both
the street and storm drain improvements.
G. PAVEMENT EVALUATION
PENCO Engineering, Inc. will work with the firm of LaBelle -
Marvin to prepare a pavement evaluation and recommendations
for the proposed Bay Avenue Area. Based on discussions to date,
pavement thickness, aggregate base thickness and subgrade
conditions, subgrade sampling, etc. will be accomplished through a
combination of sampling and measurements during scheduled
potholing operations, supplemented with pavement core sampling
and subsurface boring. Similarly, a reasonable uniformity of
conditions is anticipated which may limit the number of subgrade
R -value tests. Pavement core sampling will be scheduled and
performed following completion of all utility potholing. All data
developed during the potholing operation will be reviewed prior to
sighting the core and bore locations. A budget of ten (10)
additional test sites is proposed. Engineering analysis to provide
design recommendations regarding pavement structural sections
and rehabilitation measures will be provided along with cost
.-onsiderations for each alternative.
SCOPE OF ih'ORK
1.0 Coring and Boring
Coring and boring will be performed at ten (10) locations
based on locations of potholing to determine the thickness of
the existing structural section. Borings will be extended a
maximum depth of four (4) feet from the surface to obtain
samples of the subgrade. Samples will be placed in plastic
bags, sealed, and transported to the laboratory for further
analysis. Prior to leaving the site, all sample locations will
be backfilled ' and patched. LaBelle - Marvin, Inc. shall
provide traffic control adequate to protect the traveling
public and work force.
H. DRAINAGE EVALUATION
PENCO Engineering, Inc. will utilize survey information, as -built
plans, and other existing available information to conduct a 10 -year
hydrology study of the project area. The study will be prepared in
full compliance with the City and the County of Orange's
Hydrology Manual Standards. The proposed improvements will
be quantified and construction cost estimates will be provided to
facilitate City decisions as to the scope of the construction.
We anticipate meeting with the City of Newport Beach one (1) time
to present the results of the study.
A. STREET AND DRAINAGE IMPROVEMENT PLANS
Based on the City's selected alternatives for pavement
rehabilitation and drainage, PENCO Engineering, Inc. will provide
construction drawings at a scale of 1 " =20' and 1 " =10' for details.
The street plans will be prepared in full conformance with the City
of Newport Beach Standards. The proposed street and drainage
improvement plans will provide the following improvements:
1.0 Street Improvement and Rehabilitation Plans - PENCO
Engineering, Inc. will prepare plan and profile sheets for the
proposed street improvements and rehabilitation work. The
plans will be prepared at a scale of 1 " =20' horizontal scale
and 1 " =2' vertical scale. The plans will show the areas that
need overlay or reconstruction. The plans will show all
removals, new asphalt concrete pavement, and new and
existing curb and gutter and sidewalk. The street
SCOPE OF WORK
improvement plans will also show the reconstruction of
access ramps and driveways to City Standards. The plans
will also show every utility valve cover and or manhole or
vault that needs to be adjusted to grade and or protected in
place. We anticipate twelve (12) sheets, including title sheet
and two (2) detail and cross - section sheets.
2.0 Storm Drain Plans - PENCO Engineering, Inc. will prepare
plan and profile sheets for the proposed drainage
improvements for this area. The plans will be prepared at a
scale of 1 " =20' (horizontal) and 1 " =2' (vertical). The plans
will show the proposed catch basin locations for the
proposed storm drain, utility crossings, etc. We anticipate a
total of seven (7) sheets, including two (2) detail sheets. This
assumes storm drain along West Bay and three (3)
intersecting streets leading to existing catch basin and not
affecting existing outlets to the ocean.
B. QUANTITY CALCULATIONS AND ESTIMATES
PENCO Engineering, Inc. will submit quantities and construction
cost estimates with every submittal to the City. PENCO
Engineering, Inc. will compare the construction cost estimates
against the budgets provided by each City. Any overages will be
brought to the City's attention immediately and recommendations
will be presented for cost reduction. A final estimate will be
provided to the City once the plans are approved and for
comparison with the Bids.
C. PREPARE PROJECT SPECIFICATIONS
Prepare general and special provisions for the project to conform to
the City's standard template documents, including quantities,
proposals, and engineer's estimates. Prepare bid schedule. Utilize
City's general provision and bid forms to finalize a complete bid
package.
D. b0% DESIGN REVIEW
We shall submit preliminary title sheet, base plan and profile
sheets, drainage improvement sheets, sketches of details and
sections, and preliminary quantities and cost estimates.
SCOPE OF WORK OEM
E. 90% DESIGN REVIEW
We shall submit plans, specifications, and quantities and cost
estimates at the 90% level. All 60% design review comments shall
be addressed at this time.
F. 100% DESIGN REVIEW
We shall submit final plans, completed specifications, and final
quantities and cost estimates. All 90% design review comments
will be addressed at this time.
G. FINAL APPROVAL REVIEW
We shall submit final plans, specifications, and revised final
quantities and cost estimates. All 100% design review comments
will be addressed at this time.
H. MEETINGS
To ensure understanding of the contract objectives and proper
coordination between the team, meetings between the City and
PENCO Engineering, Inc. will be held as specified in the Request
for Proposal: a meeting for each of the submittals, 60 %, 90 %, and
100% completion. Our proposal estimates eight (8) meetings
during this phase of the project. All project objectives, our work
schedule, the terms of the contract, and any other related issues will
be discussed and any technical problems resolved at the meetings.
We will, at or before our meetings, supply four (or more if needed)
copies of all completed reports, studies, plans, specifications, and
estimates, which are ready for submittal.
We will update the project schedule using Microsoft Project format
and submit it to the City for approval. The Progress Reports shall
be submitted at monthly intervals, indicating progress achieved
during the reporting period in relation to the progress scheduled.
We will provide the Project Manager with a copy of a Progress
Report on a monthly basis or at least two working days before a
scheduled meeting.
SCOPE OF WORK
I. OPTIONAL ITEMS NOT REFERENCED IN ORIGINAL SCOPE
SURVEY ALTERNATES
1.0 SURVEY SECTIONS AT 25' INTERVALS
Cross section elevations taken at 25 ft. intervals (22
intersections). The sections will follow this format: property
line / right -of -way, top of curb, flow line, edge of pavement,
striping lane lines, finish surface at the centerline.
2.0 MONUMENT PERPETUATION (PRE- CONSTRUCTION)
Consultant shall set reference tie points in curbs and walks
to be able to re -set any existing center line monuments that
may be damaged or destroyed during construction activity
(22 intersections).
3.0 MONUMENT REPLACEMENT
Consultant shall re -set any damaged or destroyed centerline
monuments after the street re- construction process is
completed. Said center line points shall be re -set by means
of the center line ties. Consultant shall file a "corner record"
certificate with the County Surveyor's Office in conformance
with the "Land Surveyor's Act."
OPTIONAL SERVICES
1.0 CEQA CATEGORICAL EXEMPTION
We understand that the project may qualify for a Class 1
exemption under the California Environmental Quality Act
(CEQA) provisions for categorical exemptions. PCR shall
prepare the exemption form and will prepare a technical
memorandum describing: 1) the relevant provisions of
CEQA; 2) the proposed project (construction and operational
features); and 3) project compliance with CEQA. Forty (40)
hours have been allocated to this task, which includes one
meeting and preparation and delivery of the folloyving
documents:
- CEQA exemption form
- Technical memorandum providing evidence in
support of a CEQA exemption for the project.
SCOPE OF 1,VORK
2.0 COASTAL DEVELOPMENT PERMIT
PCR will assist PENCO Engineering, Inc. with completion of
the permit application. For this task, PCR will conduct a site
visit and compile and review available published research,
maps, surveys, and other documentation on biological and
cultural resources for the project site. The results of this
effort will be reflected within the permit application and a
technical memorandum will be provided for the project file.
The estimated level of effort for this task is not expected to
exceed eighty (80) hours and will result in the following
deliverables:
- Coastal Development Permit application for the project.
- Technical memorandum on biological and cultural
resources presenting the results of the site visit and data
review.
3.0 POTHOLING
Saf -r -Dig Utility Surveys, Inc. shall provide subsurface
utility location services to determine horizontal and vertical
positions of underground utilities at various locations not to
exceed 7'. They anticipate three (3) days of potholing with
six (6) potholes per day.
4.0 POTHOLING MONITORING
A representative of LaBelle- Marvin, Inc. will be present
during potholing operations to note encountered conditions
and obtain samples of the subgrade for further testing. The
fee for each day is included in the revised fee schedule.
A. MEETINGS
PENCO Engineering, Inc. will attend the Pre -Bid Meeting and meet
with the City, as needed, during the bidding process.
B. PREPARE ADDENDA AND PLANT CLARIFICATION
SCOPE OF WORx:
PENCO Engineering, Inc. will be available to answer questions
from prospective bidders. If necessary, PENCO Engineering, Inc.
has allocated time to assist the City in the preparation of Addenda.
i - • i " i
PENCO Engineering, Inc. will provide any appropriate technical services
during the construction phase of the project, including but not limited to,
consultation, plan interpretation (RFI's), and plan revisions resulting from
changed conditions. Such revisions will be completed in a timely manner
so as to avoid or minimize construction delays. In the event that plan
revisions are required during construction, for other reasons than errors or
omissions, they shall be considered extra work and additional
compensation will be based on the hourly rates established per this
proposal. PEINTCO Engineering, Inc. assumes a total of four (4) meetings or
eight (8) hours in our estimate. PENCO will prepare As -Built Drawings
based on redlines, to be provided by the contractor, and other information
surveyed by PENCO during construction.
A. Right -of -Way acquisition, including legal descriptions and exhibits.
B. Structural designs.
C. Landscaping and irrigation.
D. Electrical designs.
E. Dry utilities.
F. Permit application fees.
G. Water and sewer relocation.
SCOPE OF WORK SM
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PFNCO Exgineerin& Inc.
Effective January 1, 2004 through January 1, 2005
` PERSONNEL
Principal
Senior Project Manager
Project Manager
Sem or Project Engineer
Project Engineer
Senior Design Engineer
D.esgn Engineer
Associate Engineer
Engineering Technician
Project Assistant
Senior Project Surveyor
Project Surveyor
Senior Survey Technician
Survey Technician
3 -Man Survey Crew
2 -Man Survey Crew
2 -Man Survey Crew w/ GPS
REIMBURSABLE COSTS
HOURLY RATE
$ 165.00
$150.00
$140.00
$130.00
$115.00
$100.00
$ 90.00
$ 80.00
$ 75.00
$ 75.00
$130.00
$110.00
$ 90.00
$ 80.00
$ 215.00
$165.00
$ 200.00
Reproductions; deliveries; travel; meals and lodging; facsimiles; models,
renderings and photos; mylars; and diskettes, not included in the scope of work.
• All reimbursable costs shall be billed at 15% markup.
• Mileage shall be billed at $0.42 /mile (office staff only).
• All accounts are due net 30 days from the date of invoice.
• Outstanding accounts shall be charged 1.0% per month.
City of Newport Beach NO. BA- 04BA -073
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
X Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
AMOUNT: $175,314.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
X No effect on Budgetary Fund Balance
To transfer expenditure appropriations for the Bay Avenue Street and Drainage Improvement Project, C -3695.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed
Administrative
Description
Description
Description
5100 Public Works - Engineering
8080 Services - Professional & Technical
Amount
Debit Credit
$76,385.00
7013
General Fund - Street
C5100759
Bay Ave Street & Drainage Improvement
7181
Gas Tax
C5100645
Balboa Island Pavement Improvement $98,929.00
7181
Gas Tax
C5100759
Bay Ave Street & Drainage Improvement
'oval: Administraly,;e Services Director
.1 �.
Appal: City Manager
City Council Approval: City Clerk
$76,385.00
$98,929.00
Date
ze iz
.If Da(e
Date
City of Newport Beach
BUDGET AMENDMENT
2003 -04
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
X Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
hC. BA-
04BA -073
AMOUNT: $175,314.00
A 11
P XIncrease in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
To transfer expenditure appropriations for the Bay Avenue Street and Drainage Improvement Project, C -3695
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed
Description
Description
Description
5100 Public Works - Engineering
8080 Services - Professional & Technical
7013 General Fund - Street
C5100759 Bay Ave Street & Drainage Improvement
7181 Gas Tax
C5100645 Balboa Island Pavement Improvement
7181 Gas Tax
C5100759 Bay Ave Street & Drainage Improvement
Financial Approval: Administratye Services Director
Signed: - �'�'l+t ✓�/ , rj 11>14-09—
Adm�i �trative Ap137val: City Manager
Signed: ✓ly y1 ! ���[�
City Council Approval: City Clerk
Amount
Debit Credit
$76,385.00
$98,929.00
$76,385.00
$98,929.00
Date
r Da%
Date