HomeMy WebLinkAbout08 - Eastbluff Drive Street RehabilitationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
September 25, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran
949 -644 -3315 or atran @city.newport - beach.ca.us
SUBJECT: EASTBLUFF DRIVE STREET REHABILITATION - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH DMS CONSULTING
ENGINEERS, INC.
RECOMMENDATIONS:
Approve a Professional Services Agreement with DMS Consulting Engineers, Inc., of
Garden Grove, California, for Eastbluff Drive Street Rehabilitation at a not to exceed
price of $69,865 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
Staff considered three firms to provide professional engineering services for this
project. The three firms were (1) DMS Consulting Engineers (2) KFM Engineering and
(3) Civilworks. One proposal was received from DMS Consulting Engineers.
DMS was chosen based upon firm qualifications, successful past experience with similar
projects, such as two Jamboree Road Rehabilitation projects, and availability. The
proposed not to exceed professional engineering services fee is $69,865. The scope of
professional services will include:
• Aerial topographic survey
• Ground topographic survey
• Utility investigation and coordination
• Preparation of plan and profile improvement plan sheets
• Preparation of pavement cross section plan sheets
• Preparation of pavement striping and signage plans
• Preparation of project specifications
• Preparation of construction quantity and cost estimates
• Assistance during bidding
• As -built plans
Eastbluff Drive Street Rehabilitation — Approval of Professional Services Agreement with DMS
September 25, 2007
Page 2
The limits of this project are as follows:
• Eastbluff Drive — From Jamboree Road to Jamboree Road
• Vista del Sol — From Eastbluff Drive to Vista del Oro
• Vista del Oro — From Vista Flora to Vista Trucha
Environmental Review:
Engineering design services are not projects as defined by the California Environmental
Quality Act (CEQA) Implementing Guidelines. However, at the time of project award it
is likely that the project will be determined exempt from the CEQA pursuant to section
15301 of the CEQA Implementation Guidelines. This exemption covers the repair,
maintenance and minor alteration of existing public facilities with negligible expansion.
Funding Availabilitv:
There are sufficient funds available in the following account for the project:
Account Description
Gas Tax
Prepared by:
........ .���_
Andy Tran, P. E.
Senior Civil Engineer
Attachment:
Project Location Map
Professional Services Agreement
Account Number
7181- C2002009
Total
SiihmiHeri hv,
Amount
$ $69,865
$ $69,855
PROJECT
-- LIMITS
V
' 1
I
I
It rT,
it
is
i t
a
CITY OF NEWPORT BEACH
EASTBLUFF DRIVE PUBLIC WORKS DEPARTMENT
REHABILITATION
DATE 9 13 D7 SCALE U.S SHT 1 OF 1
DRAWN SH 1 C -3968
PROFESSIONAL SERVICES AGREEMENT WITH
DMS CONSULTANTS, INC
FOR EASTBLUFF DRIVE STREET REHABILITATION
THIS AGREEMENT is made and entered into as of this day of -
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and DMS CONSULTANTS CIVIL ENGINEERS, INC., a California Corporation
whose address is 12377 Lewis Street, Suite 101, Garden Grove, California, 92840
( "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 Califomia and the Charter of
City.
B. City is planning to rehabilitate the deteriorated asphalt concrete pavement at the
following locations:
1) Eastbluff Drive from Jamboree Road to Jamboree Road,
2) Vista del Sol from Eastbluff Drive to Vista del Oro, and
3) Vista del Oro from Vista Flora to Vista Trucha.
C. City desires to engage Consultant to prepare construction documents for the
rehabilitation of Eastbluff Drive.
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 Surender
Dewan, 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 31st day of December, .2008, 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.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Sixty Nine Thousand Eight Hundred and Sixty Five Dollars and
no/100 ($69,865.00) 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. -
4.1 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
2
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 writing
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 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
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 SURENDER
DEWAN, 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.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Andy
Tran, P.E. shall be the Project Administrator and shall have the authority to act
it
r
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. bITY'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. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in 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.
8.3 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 Cogncil, 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, 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
the negligence, recklessness, or willful misconduct of the Consultant or 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
sole negligence, 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 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.
5
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
Best's Key Rating Guide,. unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employers 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
6
Workers' Compensation policies must be - received by City at least
thirty (30) calendar days (10 calendar days written notice of non -
payment of premium) 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.
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 speck language:
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 nDt contributory with the Insurance provided
hereunder.
7
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.
vi. 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 (10 calendar days
written notice of non - payment of premium) 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
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 (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 parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the _
Consultant under this Agreement will be permitted only with the express written
cohsent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
0
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,
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 'Awg" 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.
9
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.
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.
B
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant yvhich 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 the law or 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
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, 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:
Andy Tran, P.E.
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Phone: 949 - 644 -3315
Fax: 949 - 644 -3308
11
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Surender Dewan
DMS Consultants Civil Engineers, Inc.
12377 Lewis Street, Suite 101
Garden Grove, CA 92840
Phone: 714- 740 -8840
Fax: 714- 740 -8842
28. TERMINATION
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 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.
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.
12
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. 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.
34. 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.
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.
36. 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.
37. 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.
13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above. _
APPROVED AS TO FORM:
/` C
0`d ✓ City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
22
Mayor
for the City of Newport Beach
CONSULTANT:
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
f:Wserslpbw\sharedWgreementsVy 07.08Wms- eastbluff rehab.doc
14
: DLR *DMS FAX N0. :714 - 740 -8842 Rug. 29 2007 10 :2✓#1M P1
L ` y
CONSULTANTS, INC.
C� I V I L E N G I N E E R S
August 24, 2007
Mr. Andy Tran
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Subject: Proposal for Professional Civil Engineering Services:
Eastbluff Drive from Jamboree Road to Jamboree Road
Vista Del Oro from Vista Flora to Vista Trucha
Vista Del Sol from Eastbiuff Drive to Vista Del Oro
Dear Mr. Tran:
DMS Consultants, Inc. is pleased to present this proposal to provide professional civil engineering
services for the subject project.
Mr. Surender Dewan, P.E., would be assigned as the Project Manager of this project. As such, Mr.
Dewan would be responsiblefor the overall scheduling and budget control and would be available to
meet with the City staff to discuss the project as required.
I hope that our past experience, record of performance and sincere interest in working withthe City
of Newport Beach, will result in a favorable consideration. We look forward to the opportunity of
working with you and your staff.
Sincerely,
DMS Consultants, Inc.
Surender Dewan, P.E.
President
07- East81uffDr.PR0
12377 I,ewis Street, Suitt 101 • Garden Grove CA 92840
Tel: 714- 740 -88Q - Fax: 714- 740 -8942
:DLA *DMS FAX NO. :714- 740 -8842 Aug: 29 2007 10:29AM P2
EXHIBIT "A"
PROJECT UNDERSTANDING
There are three project areas in the proposed project The first project area is Eastbluff Drive from
Jamboree Road to Jamboree Road. The second area is Vista Del Oro from Vista Flora to Vista
Trucha. The third area is Vista Del Sol from Eastbluff Drive to Vista Del Oro. The proposed project
consists of rehabilitation of existing roadway, including reconstruction of damaged curb and gutter,
sidewalk, pavement dig -outs and reconstruction of non - conforming curb ramps: Also included is
reconstruction of median curb on Vista Del Sol.
Services to be provided by DMS Consultants, Inc- under this proposal encompass a full range of
services_ These services include the following:
Design Survey / Aerial Mapping
T Utility Coordination
Ir Preparation of Street Improvement Plans
V Preparation of Signage and Striping Plans
V Project Specifications
Estimate of Probable Construction Costs
Eastbluff Drive is a major residential collector that serves the residents of Newport Beach. Vista Del
Oro and Vista Del Sol are also residential streets. The total length of the combined project Is
approximately two miles.
Mr. Andy Tran, Senior Civil Engineer of the City of Newport Beach, has indicated that the
rehabilitation treatment will namely consist of the following:
Cold milling along the curb and gutter (wedge cut);
Placement of leveling course to establish uniform cross slope;
Construction of asphalt concrete overlay-
Sections requiring reconstruction (dig -outs) will be reconstructed with AC base course to a depth to
be determined, by the City.
1 377 Lewis Street, Suite 101 • Garden Grove CA 92840
Tel: 714.740.8840 • Fax: 714.740.8842
:DLA *DMS FAX No. 714-740-8642 Aug. 29 2007 11:30AM P1
�.... PROJECTAPPROACH
DESIGN REVIEW MEETING
• In a consultation meeting with the city, the scope of work. procedure for the project and the
precise limits of the project improvements will be reviewed.
• Review with city staff to obtain specific input related to city goals, and discuss preliminary
issues.
• Meet with city staff on a continuous, as- needed basis throughout the design and construction
phases to ensure that work is expeditiously carried out in keeping with the city's requirements.
• Obtain from city, record maps which provide alignment and right-of -way for East Bluff Drive,
Vista Del Oro and Vista Del Sol. Also. obtain from city monument notes, tie notes, bench
marks, etc.
UTILITY COORDINATION
• Request for. existing utilities plans from all utility agencies.
• Notify all utilities at the start, at 70 %, and at 95% design of the location and extent of the work
to ensure that all structures are properly located on the plans.
• A copy of all correspondence with utility companies will be provided to the city.
• Proposed improvements will be coordinated with utility companies in the project area_ Each
utility company will be sent a "Utility Notification Letter" prior to commencement of preliminary
design.
V Final plans will be sent to each affected utility company prior to bidding of the work along with
notification of when work is anticipated to begin.
PAVEMENT REHABILITATION
• Rehabilitation treatment i.e., ARHM thickness and AC base course thickness to be provided by
the City of Newport Beach.
DESIGN SURVEY
• Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls
used. Set a total of sixteen (16) aerial targets.
• Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals.
• Locate limits of broken curb and gutter as well as defective sidewalk and dig -outs. (City crew
to mark limits in the field).
• Conduct topographic survey and obtain street cross sections at 200 foot intervals to determine
pavement cross slope. Street cross sections to show elevations at top of curb, gutter flowline,
lip of gutter, edge of pavement, lane line, grade breaks, centerline, top of median curb, and
finished surface at median curb.
• A minimum of two (2) bench marks will be used. A bench circuit will be run and closure error
established, If any. Each bench mark will be established on the plans and in the survey notes.
Additional temporary bench marks will be established for use during. construction and
identified on the plans.
A report will be provided to the City containing all survey control and cross section notes.
PRELIMINARY DESIGN - 70% DESIGN
• Prepare base maps at 20 scale using computer aided drafting (AutoCAD). Plot existing
utilities, existing right -of -ways. street centerlines, etc.
• Plot existing cross sections_
12377 Lewis Street, Suite 101 • Garden Grove CA 92840
Tel: 714.740.8840 • Fax: 714.740.8842
FROM :IILR *DMS FAX NO. :714- 740 -8842 Aug. 29 2007 10:29AM P3
Superimpose proposed improvements-over existing cross sections.
• Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is
less than the minimum required or more than the maximum permissible, revise the type of
proposed treatment to the street surface.
V Prepare preliminary street improvement plans.
• Eastbluff Drive and Vista Del Oro — plan view only (no profile)
• Vista Del Sol — prepare base maps on plan and profile sheets and plot existing and proposed
median curb profile_
• Prepare preliminary signage and striping plans in accordance with the State of California
Department of Transportation Traffic Manual.
• Prepare preliminary estimate of probable costs in tabular form.
FINAL DESIGN .1009/6 DESIGN
• Evaluate cross sections and profiles for drive quality.
• Prepare final street improvements plans.
• Title sheet will show:
Title
o Vicinity and location map with plan sheet index and scale
o Utility and plan legends
Bench marks, basis of bearings
General and master construction notes
Standard signature and title blocks
Utility notes, contact names and telephone numbers
• Plans will include:
Topography between right -of -way and beyond as necessary
a Right -of -way limit lines
Construction notes
o Typical sections and details
o Top of median curb profile
• Prepare final striping and'signage plans. Final plans to include:
Removal and /or construction of existing and/or proposed traffic features where
applicable
c Traffic striping (traffic lanes, crosswalks, etc.)
Traffic signing
Pavement markings and markers
• Prepare project specifications based on the 2003 edition of the Standard Specifications for
Public Works Construction.
• Prepare final estimates of probable cost.
• After final approval of project design the plans will be plotted on 4 mil thick mylar and delivered
to the City.
• Submit electronic 100% AutoCAD drawings.
CONSTRUCTION ASSISTANCE
V Provide coordination during bidding process including answering bidders questions during the
bidding phase.
• Provide assistance during construction consisting of plan interpretation and plan revisions
resulting from changed conditions.
• Prepare As -Built plans based on information provided by the City.
• Submit As -Built mylars and electronic AutoCAD files.
12377 Lewis Street, Suite 101 • Garden Grove CA 92840
Tel: 714.740.8840 • Fax: 714.740.8842
FROM :DLFI*DMS FAX NO. :714- 740 -8842 Aug. 29 2007 10:29AM P4
TENTATIVE DESIGN SCHEDULE
TASK DESCRIPTION
DESIGN SCHEDULE
AERIAL SURVEY AND DESIGN SURVEY
�1
iwi
al
�
irl
GWUTY COORDINATION
ai
1�1
-
�i
PRELIMINARY DESIGN PHASE - 70% DESIGN
Prepare Base Maps
I�it?i
Street Improvement Plans
i
1 i iQi
i i
I�^i
I 1
i isi
Slgnag8 and Striping Plans
1 NI �1
i
CITY REVIEW OF PRELIMINARY PLANS - 70%
i
i21
I�1
INI
FINAL DESIGN PHASE - 95% DESIGN
Street Improvement Plans
Project Specifications and Cost Estimates
CITY REVIEW OF PRELIMINARY PLANS -95%
m
1�1 INI
1 1
PROJECT COMPLETE - 100% DESIGN
m
STARTDATE: OCTOBER I, 2007
PROJECT COMPLETE: FEBRUARYS, 2008
12377 Lewis Street, Suite 101 • Carden Grove CA 92840
Tel: 714 - 740 -8840 • Pax. 714.740.8842
DLA *DPS FAX ND. :714- 740 -8842 Aug. 29 2007 10:30AM P5
REQUIREMENTS
PHASE OF WORK
Project
Manager
Project
Engine
CAD
Designer
Survey
Crew
Clerical
HOURS
PRELIMINARY DESIGN DEVELOPMENT
2
4
6
—
12
DESIGN SURVEY
Does not include Subconsultant
2
6 1
_
64
-
72
PRELIMINARY DESIGN PHASE
70% DESIGN
Base Maps
Utility Notification and Coordination
Street Improvement Plans
Si na a and Striping Plans
Estimate of Probable Costs
—
8
2
2
8
4
48
16
8
80
—
80
60
—
--
—
6
--
--
4
88
10
136
78
14
FINAL DESIGN PHASE
100% DESIGN
Street Improvement Plans
Si na a and Sbi in g Plans
42 8 24 36
1 4 16 -- -- 21
Speci0c20ons, Estimate, Bid Package
4
16
1
20
40
BIDDING & CONSTRUCTION
PHASE ASSISTANCE
1
4
5
AS -BUILT PLANS
2
4
8
--
14
TOTAL HOURS:
28
130
274
F64
30
$26
12377 Lewis Street, Suite 101 • Garden Grove CA 92M
Tel: 714.740.8840 • Fax: 714.740.8842
FROM :DLA *DMS FAX N0. :714- 740 -BB42 Aug. 29 2097 10:30AM P6
C I V I L
E N G I N 'E E R S
EXHIBIT "B"
FEE PROPOSAL
for
Professional Civil Engineering Services
East Bluff Drive from Ford Road to Jamboree Road
Vista Del Oro from Vista Flora to Vista Truca
Vista Del Sol
1. Preliminary Design Development .....................
2. Design Survey .................... ...............................
3. Preliminary Design Phase-70% .....................
4. Final Design Phase ............ ...............................
5. Assistance during Bidding Phase .....................
6. As -Built Plans ....................................................
7. Printing Allowance .............. ...............................
Subconsultants.
Subtotal: $53,190.00
Digital Mapping, Inc ................ ....... . ................ ............................... $14,500.00
(Photogrammetric Services) Mark -Up 15% ..:..................................................... .... ..... $2,175.00
Subtotal: $16,675.00
TOTAL NOT -TO- EXCEED FEE: $69,865.00
12377 Lewis Street, Suite 101 • Garden Grove CA 92840
Tcl: 714 -74o -8840 • Fax_ 714-740 -8842
FROM !DLH*DMS FAX NV. :724~740-43842 Hog. 29 2007 11:13M P2
OF
SCHEDULE HOURLY RATES -20.
ProjectManager ...................................................................................................................
$11SiOO
ProjectEngineer .....................................................................................................................
&@5-OO
DesignEngineer ....................................................................................................................
$85.00
[ADD Designer ... ...................................................................................................................
$80.00
`
SeniorDrafter .......................................................... ...............................................................
$TO.D8
SeniorPlan Checker ......................................... ....................................................................
$BOJ}O
Construction Administrator ......................................................................................................
$95.00
Construction Observer .............................................. ............................................................
$88.00
Building Official ................................................ ................ ....
... ............................................ $70.00
Building Plan Check Engineer ....................... : ..................................
.................................... $65.00
Buildingmy ...........................................................
... .......................................... $65.00
BuildingInspector ........................................ a .........................................................................
$6S.QO
Two-Man Field F:adv
,............................................................................................................
$1Q5.00
Three-Man Field Party ....................................................................
.................................... $245.O8
OfficeSurvey Manager .............................................................................
.......................... $115-00
Word Processor
13377 Lewis Street, 3uiue 18l° Garden Grove CA 92840