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HomeMy WebLinkAbout10 - 15th Street and Balboa Boulevard Revitalization - Approval of Professional Services Agreement (CAP14-0006)CTY OF F NEWPORT BEACH City Council Staff Report April 14, 2015 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644 -3323 TITLE: 15th Street and Balboa Boulevard Revitalization — Approval of Professional Services Agreement with Psomas (CAP 14-0006) ABSTRACT: Staff recommends approval of the Professional Services Agreement (PSA) with Psomas to finalize the City Council approved conceptual design and to prepare the construction documents for the 15th Street and Balboa Boulevard Revitalization Project. RECOMMENDATION: Approve a Professional Services Agreement with Psomas of Santa Ana, CA for the 15th Street and Balboa Boulevard Revitalization project at a not -to- exceed price of $276,700.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Sufficient funding is available in the following accounts for this agreement: Vendor Account Number Purpose Amount Psomas 7181- C2002068 Professional Design Services $ 172,200.00 Psomas 7013- C2001013 Professional Design Services $ 104,500.00 Total: $ 276,700.00 DISCUSSION: 15th Street on the Balboa Peninsula provides access to both the Ocean and Bay, making this one of the more popular coastal access locations in the vicinity. Furthermore, its proximity to the adjacent churches, elementary school, and the upcoming Marina Park makes it a highly utilized area. Considering its prime location and its heavy usage by residents and visitors, the street infrastructure is rather aged and stark in its existing state. After a qualification based selection process, the City entered into a PSA with the Psomas lead design team on November 12, 2013 to prepare the 15th Street conceptual design plans to replace street 10 -1 pavement, sidewalks, a traffic signal as well as improve the aesthetic appearance and functionality of the neighborhood. Two Community Public outreach meetings were conducted to solicit input and determine what would best fit the community needs. It was further conceptualized that the project creates an opportunity to extend the recently completed Balboa Boulevard revitalization effort between W. Coast Highway and 23rd Street. As a result, the Balboa Boulevard segment from 21st Street to 12th Street was also studied and included for possible enhancement. This segment fronts the future Marina Park, creating a complementary entrance for this new community amenity. A final conceptual plan was presented to and approved by City Council at the February 10, 2015 study session. A copy of this approved Concept plan is attached. The current 2014/15 Capital Improvement Program budget contains the necessary funds to prepare design documents for the 15th Street and Balboa Boulevard Revitalization Project. Given Psomas' experience, planning and design approach, and intimate project knowledge and background obtained with the concept plan development, staff recommends retaining Psomas (via a project specific agreement), pursuant to Council Policy F -14, to finalize the conceptual plans and prepare the contract documents for a not -to- exceed fee of $276,700.00. Staff met with Psomas to finalize the proposed scope of work and negotiate the level of effort and final fee. The design will generally focus on street improvements, landscape enhancements, streetlight upgrades, and traffic signal modernization within the project limits. The scope of Psomas' professional services includes the following: • Design Development, which will address any remaining design, landscaping, and material selection issues noted by City Council, the public and staff; • Community Outreach, where staff will reach out to the public to ensure the design is consistent with the approved conceptual design; • Construction Documents, which includes construction plan details, cost estimate, and specifications; and • Construction support, where Psomas will respond to construction inquiries, such as shop drawings and "request for information," and provide construction observation. The design will take approximately six months, with an anticipated construction mobilization date of early 2016. This schedule would allow project completion prior to Summer 2016. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing Facilities) and Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. The action will lead to the modification and construction of landscape and hardscape improvements primarily within existing raised medians and parkways in Balboa Boulevard. Additionally, a few new small raised landscaped median islands will be introduced along 15th Street. The construction of the project is wholly within existing public rights -of -way and will not require the expansion or acquisition of additional the rights -of -way. The overall project will result in negligible or no expansion of existing roadways and the capacity of the existing roadways or number of parking spaces will not be diminished. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Location Mao Attachment B - Aareement Attachment C - Conceptual Layout 10 -2 Z 07 Z LULU G U Q �33a1S N12� LO r 2 Z 133a1S ` , L H1S( < \ W � W 0L O IJ� OW `- VJ l`p/^� 133b1S Hlne W Y Z p LL 3 O U J LO 133ayS� ^ ' Y' v � ' U 33a1s w Hls 3 Z 0 Y m o Q a p Z ¢ 33ats Ht<( > K o z J Q m w m m U O Q 0 Z W L0 133a1S � r H16{ m Q p N_ o Z J Q Q H C) W > �wN �wN 133a1S F [If LL H16! W 0 U) 133�s d T- 1g3b1s h'1p2 LO O � 152 s 2 N CVO 3�bld NEWPORT 6 Nsoobs�W M O r ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR 15TH STREET AND BALBOA BOULEVARD RECONSTRUCTION PROJECT — CONSTRUCTION DOCUMENTS AND SUPPORT THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 14th day of April, 2015 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City'), and PSOMAS, a California corporation ( "Consultant'), whose address is 555 South Flower Street, Suite 4300, Los Angeles, California 90071, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide construction documents and construction support for the 15th Street and Balboa Boulevard Reconstruction Project ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services' or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 10 -4 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy Six Thousand Seven Hundred Dollars and 00/100 ($276,700.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Psomas Page 2 10 -5 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Matt Heideman, P.E. to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional Psomas Page 3 MA standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and' hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Psomas Page 4 10 -7 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall Psomas Page 5 f[Gb9 be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are ITERIS, INC. ( "Iteris ") and RABBEN HERMAN DESIGN OFFICE ( "R/Hdo "), and are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City Psomas Page 6 From] has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's judgment as a design professional and is supplied for the general guidance of City. Since consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged Psomas Page 7 10 -10 infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work Psomas Page 8 FD3f1 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David A. Webb, Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Matt Heideman, P.E. Psomas 3 Hutton Centre Drive, Suite 200 Santa Ana, CA 92707 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Psomas Page 9 10 -12 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. Psomas Page 10 FLOW 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Psomas Page 11 10 -14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE in Aaron C. Harp CAM w1411 i City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D. Selich Mayor CONSULTANT: Psomas, a California corporation Date: By: Robert J. Talafus Vice President Date: By: Debra Lambeck Corporate Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Project Limits Psomas Page 12 10 -15 EXHIBIT A SCOPE OF SERVICES Psomas Page A -1 10 -16 EXHIBIT A SCOPE OF SERVICES 151h Street and Balboa Revitalization Project — Balboa Peninsula Psomas ( "Consultant ") shall be responsible for the following: (Subconsultants under this Agreement shall include Iteris, Inc. (`9teris ") and Rabben Herman design office ( "R/Hdo ")j. The following schedule is assumed for budgeting purposes: • Design Development (60% Plans) — 1 month • City Review and Public Update — 1 month • Construction Documents (90% Plans and Specs) — 1 month • City Review and Comment — 2 weeks • Complete Bid Set (100% Plans and Specs) — 3 weeks • Finalize Bid Package with City — 3 weeks • Bid Period and Advertisement — 1 month • Select Contractor and Contractor Mobilization — 2 months • Construction — 5 months The following tasks shall be provided. Task 1 — Topographic Field Survey of Balboa Boulevard Consultant shall prepare a topographic survey as delineated on the 'Project Limits' attachment attached hereto and incorporated herein by reference as Exhibit D. The scope of the work is as follows: lh • Extend the survey control from the 15 Street / Marina Park survey (prepared by others) to each site noted on the exhibit. • Perform a topographic survey within the limits of the eight sites noted on the exhibit. Items to be surveyed include: • Top of curb, flowlines and gutters • Back of Walk and decorative fences along the back of walk • Median curbs and edge of pavement • Trees and other substantial landscaping features • Above ground utilities and indications of underground utilities (manholes, valve covers, etc.) • Locate inverts of sewer and storm drains at manholes within the eight sites. • Pavement shots as necessary to delineate grade breaks. • Prepare an AutoCAD drawing file showing topographic features within the eight sites. Page A -2 10 -17 • Prepare a digital terrain model (DTM) in AutoDesk Civil3D for the eight sites. Excluded from this scope is any street centerline establishment and right -of -way determination. Task 2 — Aerial Topography — Planimetrics only of Balboa Boulevard Mapping of Balboa Blvd existing surface features, as delineated on the Survey Limits, attached hereto and incorporated herein by reference as Exhibit D, will be flown with COLOR stereo models to produce a 1 " =20' Planimetric map from ROW to ROW. Five (5) horizontal and vertical control points will be established as part of the Field Survey provided in Task 1 above and pre - paneled prior to flight. A two week delivery time is required, weather permitting. Task 3 — Extended Public Participation in Conceptual Design Phase During the Conceptual Design phase, additional work related to the Balboa conceptual studies was performed by Consultant due to the extended schedule and addressing comments from the City in preparation for the presentation to City Council. Task 4 — Design Development of Street Improvements for Balboa Boulevard Design Development (60% plans) will include addressing any remaining design issues discussed with the City following the conceptual plan approval and preparing a 60% plan with general notes, typical sections, detail for protection of sewer main and identification of any utility relocations necessary. Plans will be prepared at 40' scale using the aerial topography provided in Task 2 above together with the aerial photo and base maps provided by the City as background. Field survey included in Task 1 above shall provide more accurate definition of the existing constraints where changes to curb and pavement are identified on the conceptual plan. Consultant shall update the construction quantities and coordinate with the other team members to update the project cost estimate and will be submitted to the City along with the plans for review. Hydrology and hydraulics are not included for Balboa Boulevard since there are no planned changes that would significantly impact the existing condition. There are also no water quality measures proposed as part of the Balboa portion of the project however, design options for sustainability may be considered and presented to the City if applicable. Page A -3 10 -18 Task 5 — Design Development of Signing, Striping and Lighting for Balboa Boulevard (Consultant shall use Iteris as a subconsultant for this Task) 5.1— Prepare Design Development Plans This task involves preparation of traffic and electrical engineering design development plans based on a selected conceptual layout which shall be approved by the City. Consultant shall prepare plans for all improvements as required to accommodate the approved conceptual layout. Subtasks are as follows: 5. 1.1 — Research and Field Investigation Consultant shall continue researching and obtaining additional existing pertinent plans and data, including traffic signal, street lighting, signing and stripping, and utility plans available for the project area. Consultant will expand a field investigation limits to cover all project area to verify all existing features on the plans and to identify all the relevant features. The field review will include work necessary to inspect the project area with respect to needs for preparing traffic engineering plans. The Feld information collected will include but are not limited to: • Curb -to -curb width, sidewalk widths Lane dimensions Striping type and condition • Crosswalk location and widths Location and widths of all driveways • Location and length of all painted curbs Location and type of street signs Y Identify existing utilities (storm drains, fire hydrants, catch basins, etc.) • Location and type of all pertinent signal related equipment including poles, conduits and pull boxes • Controller cabinet and controller condition • Location of street lighting poles Location and size of trees • Parking condition • Land use type along the design route As part of subtask, the City and Consultant shall perform the field investigation of existing street lighting inventory within the project limits and will generate the upgrade recommendation summary report. Consultant shall develop the base plans based on the field investigation and data collection where there is no topographic survey data available. Page A -4 10 -19 Task 6 — Street Improvement Plans Consultant shall continue to develop the street improvement plans from the design development set (60% plans) prepared under separate proposal and Task 2 above and submit to the City for review at 90% and 100% completion. These plans shall include details and construction notes for curb, gutter, pavement, sidewalks, median improvements, pay station pedestals, wet utility relocations, storm drain inlets and water quality measures. Hydrology and hydraulics shall be finalized from the Design Development study included for 15th Street and include analysis of water quality treatment for 15'h Street. Other sustainability options will be considered during design development and discussed after the 60% plan submittal with the City to determine if any additional measures are to be implemented into the 90% plans. Changes to sustainability design after 90% may result in additional services. A WQMP is not included as part of this scope of work. m Erosion control shall be provided for 15 Street and Balboa for protection of inlets and offsite runoff during construction. An SWPPP is not included as part of this scope of work. Plans shall include callouts for demolition and items to be protected in place. There are no anticipated utility relocations. The specifications shall require the contractor to locate all existing utilities in areas of excavation prior to construction. Consultant shall update the construction quantities and coordinate with the other team members to update the project cost estimate to be submitted to the City for review. Value engineering analysis shall be performed after the 60% plans are submitted (one time only) and the team shall discuss any options with the City before continuing with the 90% package. Revisions to the street improvement plans as a result of value engineering will be incorporated into the 90% package. Specifications shall be prepared and submitted with the 90% and 100% plan submittals and shall use the City's standard format but blended with CSI specs for special provisions. Consultant shall consolidate the specification sections from all disciplines into one Project Specifications Manual. Task 7 — Signal, Signing, Striping and Lighting Plans (Consultant shall use Iteris as a subconsultant for this Task) Task 7.1 — Utilities Coordination Consultant shall identify and plot all utilities within the Project Sites. Consultant shall also coordinate any utility relocation that is required as a result of the proposed improvements. As a minimum, written notifications to utility companies will consist of the following; Utility Information Request, Prepare to Relocate Notice, and Notice to Relocate. Page A -5 10 -20 Task 7.2 — Traffic Signal Modification Plan In addition to the original scope of this subtask, the design plans shall be submitted for review at the 90% and 100% progress level for City review and comments. The 100% plan will be submitted as signed and sealed mylars suitable to be included into a bid package by the City. Under this subtask, Consultant shall perform safety lighting analysis th at the intersection of 15 Street and Balboa Boulevard using GE Evolve Series LED or equivalent. The results of this lighting analysis will be used to verify placement and quantity of safety lighting to satisfy the City's minimum illuminance levels. Deliverables: 90% and 100% Traffic Signal Modification Plan Task 7.3 — Signing and Striping A signing and striping plan along 15th Street within the project limits and along Balboa Boulevard from 12�h Street to 2151 Street shall be prepared using V =40' scale. The plans shall show the existing signing and striping, as well as new signs, stripes, and /or pavement markings necessary. In addition to the original scope, the design plans shall be submitted for review at 90% and 100% progress level for City review and comments. The 100% plan shall be submitted as signed and sealed mylars suitable to be included into a bid package by the City. Deliverables: 90% and 100% Signing and Striping Plans Task 7.4 — Street Lighting Upon City's selection of the preferred lighting upgrade option in Subtask 5.1.1, Consultant shall prepare street lighting plans for the installation of the street lighting system along Balboa Boulevard between 12th Street and 21St Street. The plans will be prepared at a scale of 1 " =40' and will conform to the requirements of the City. In addition to the original scope, the design plans will be submitted for review at 90% and 100% progress level for City review and comments. The 100% plan will be submitted as signed and sealed mylars suitable to be included into a bid package by the City. Under this m subtask, we will review optional low profile lighting for pedestrians along 15 Street near alley areas and if acceptable, we will coordinate with utility company to establish power to these lights. Deliverables: 90% and 100% Street Lighting Plans Task 7.5 — Cost Estimates In addition to the original scope, Consultant shall prepare an engineer's cost estimate to be included in the 90% and 100% submittal. A final Contract Item List (Bid Sheet) for all work items shown on the plans shall be prepared for the final submittal. The cost estimate will include quantities and unit costs with back up information as necessary. Deliverables: Cost Estimates Page A -6 10 -21 Task 7.6 — Meetings and Coordination Consultant shall continue to attend meetings with Consultant, City, and the community to discuss project requirements, obtain feedback, build consensus, etc. Subconsultant's additional scope for this task includes assisting Consultant in presenting the 60% preliminary design at the public outreach meeting and answering any questions from the public. Task 8 — Easement Legal Descriptions and Plats Consultant will prepare Legal Descriptions and Plats (L &P's) for acquisition parcels, suitable for inclusion into property acquisition documents (prepared by others) and recordation with the County of Orange, CA. For the purposes of this proposal, it is assumed that up to three (3) L &P's may be needed. A unit cost of $2,000 per L &P was used as a basis for the total not -to- exceed budget provided in Schedule A. The cost includes one set of revisions based on agency or client comments (excluding design changes). Task 9 — Landscape, Hardscape and Irrigation Plans (Consultant shall use R/Hdo as a subconsultant for this Task) PHASE 1 Construction Documents Upon obtaining approval of Design Development package from the City, Consultant shall prepare landscape construction documents suitable for bidding. A. MEETING - attend project meeting with the project team to determine any design revisions to the Design Development package, outstanding coordination issues, budget revisions, and schedule - assume one meeting. B. CONSTRUCTION DOCUMENT BASE SHEETS - refine the design development base sheets prepared during design development. These base sheets shall be the basis for future landscape construction documents. C. HARDSCAPE CONSTRUCTION PLANS - prepare Construction Plans indicating construction reference notes, legends, material schedules, and layout and detail reference call -outs. These plans shall include the limits of all pedestrian paving, crosswalks and median hardscape. The plans will also identify materials, color texture, score lines and all requirements for the surface treatment. Consultant shall be responsible for horizontal and vertical control and pavement sections. Page A -7 10 -22 D. HARDSCAPE CONSTRUCTION DETAILS - prepare construction details of hardscape elements, i.e. steps, walls, entry monuments, green screen, and site furniture, etc. E. PLANTING PLANS - prepare Planting Plans indicating planting locations, complete with detailed notes and legends. F. PLANTING DETAILS - prepare Planting Details. G. IRRIGATION PLANS - prepare Irrigation Plans indicating general irrigation notes, legends, sprinkler head layout, piping, POC's, valves, backflow and irrigation controller locations. H. IRRIGATION DETAILS - prepare Irrigation Details. I. IN -HOUSE REVIEW AND PLAN CHECK - provide continuous in -house review and plan check of the Construction Documents. J. CONSULTANT COORDINATION - provide coordination as it relates to Consultant's work relative to other members of the teams work, i.e. civil engineer (grading, layout and drainage), electrical engineer (lighting), traffic (signalization) etc. K. STATEMENT OF PROBABLE LANDSCAPE CONSTRUCTION COSTS — assist Consultant in preparing a Statement of Probable Landscape Construction Costs based upon the construction documents. L. SPECIFICATIONS - prepare typed specifications in the CSI format that describe in detail, general requirements, products and execution methods for Consultant's scope of work. Hardcopy and disk in Word format will be submitted to Consultant for incorporation into the overall Project Specification Manual. M. TEAM COORDINATION MEETINGS - attend team coordination meetings with the project team to resolve specific coordination issues - assume three (3) meetings. N. PUBLIC WORKSHOP — attend one public workshop to present the most current design. O. IN -HOUSE PLAN CHECK REVIEW and REVISIONS - concurrent with the Client review of the 60% submittal, perform in -house plan check review and revisions. P. COMPLETE SUBMITTAL - submit a 90% complete construction documents package to the Client for review and comment. Q. CITY OF NEWPORT BEACH PLAN CHECK SUBMITTAL - submit the 90% complete Construction Document package to the City and for plan check review. Revise the Construction Documents as necessary to gain City approval. R. PLAN REVISIONS - provide revisions to the landscape construction documents to gain City approval. 10 -23 S. COMPLETE "BID SET" SUBMITTAL - submit a 100 % complete "Bid Set" construction documents package to the Client for bidding purposes. T. FINAL PLAN REVISIONS - provide final revisions to the landscape construction documents to gain City approval. Anticipated Phase Duration: coincident with civil engineering schedule Anticipated Base Scale: 1" = 20' Anticipated Sheet Size: 24" x 36" Anticipated Deliverables: Hardscape Construction Plans • Hardscape Construction Details • Planting Plans • Planting Details Irrigation Plans • Irrigation Details • Specifications • Statement of Probable Landscape Construction Costs 90% Submittal Package • 100% "Bid Set" Submittal Package Task 10 — Project Management, Coordination and Meetings Consultant shall meet with the City and design team to present and discuss the plan. Consultant's services shall be provided on a time and material basis. This task includes up to six (6) local meetings and time for team coordination and project management. Consultant shall provide responses to City comments and coordinate the preparation of one (1) public update at the end of the design development phase. If additional meetings are requested, Consultant shall request a budget extension to attend these meetings. Task 11 — Bid Assistance and Construction Support - Civil Consultant shall assist the City during the bid phase of the project by assembling the necessary bid documents, attending the pre -bid meeting, receiving and evaluating bids, and providing the City with recommendations. Consultant shall provide drawing interpretation and clarification during the bid phase, including issuance of addenda, if necessary. Consultant shall provide construction support during the Construction Administration Phase. The duration of construction is assumed to take one hundred (100) working days or five (5) months for the purposes of this estimate. Consultant's services include: Page A -9 10 -24 • Respond to all construction related activities at the job site as directed to address any questions related to the consultants design documents. • Respond to requests for information and review shop drawing submittals. • Attend construction meetings up to five (5) meetings at the job site. • Attend final walk through if needed to go over punch list for final certification. • Prepare "As- builts" of Consultant plans for project close out Task 12 — Bid and Construction Support - Traffic (Consultant shall use Iteris as a subconsultant for this Task) Task 12.1 — Specifications The City has implemented a Traffic Signal Special Provisions Supplemental for all traffic signal related work and will be updated for this project. Deliverables: Specifications Task 12.2— Construction Support In support of this task, Consultant shall serve as an extension of City staff to provide construction support. Consultant staff shall be available to support the activities listed below. 1. Attendance at Pre - Construction meeting 2. Assistance with Bid Process, Selection and Award 3. Communicating through city staff, respond via phone and email to requires for information by Contractor or City staff 4. Support approval process of submittals by Contractor 5. On -site construction support 6. Preparation of Mylar record drawings based on Contractor red -line As -Built drawings Task 13 — Bid and Construction Support - Landscape (Consultant shall use R/Hdo as a subconsultant for this Task) Bidding Support Consultant shall assist the City during the bidding of landscape construction documents. A. BIDDERS LIST - prepare a bidders list of qualified Landscape Contractors, if requested by the City. Page A -10 10 -25 B. ADDENDA - provide addenda to the construction documents during bidding and coordinate written documentation as required. C. BIDDER COORDINATION - respond to bidders questions throughout the entire bidding process. D. BID EVALUATION AND BIDDER SELECTION MEETINGS - attend meetings, if requested, to evaluate the landscape bids - maximum one (1) meeting. Anticipated Deliverables: Bidder's list, if requested. Construction Observation Support Assist the City in making periodic site visits to monitor the progress of the work and determine if the Project is proceeding in accordance with the design intent of the construction documents. A. SITE VISITS - provide a maximum of twelve (12) site visits to monitor some, if not all, of the following stages of landscape construction: • Pre - Construction or "Kick -Off' meeting. • Review of paving mock -ups. Layout of major hardscape elements i.e., paving, walls and fences (2 visits). • Review of installed hardscape elements. Layout of plant material (3 visits). • Irrigation sprinkler coverage test. Pre -final Walkthrough prior to the start of the 90 -day landscape maintenance period. • Final Walkthrough prior to the start of the 90 -day landscape maintenance period. • Final Walkthrough for project acceptance. B. PLANT SELECTION AND TAGGING - visit Southern California nurseries, if required, to review and tag plant material for use on the project - allow two 8 -hour days. C. FIELD REPORTS OR "PUNCH LISTS" - prepare typed field reports indicating the status of construction for each site visit attended. D. PROJECT COORDINATION - perform on -going coordination with the project consultants and contractors to resolve landscape - related construction installation issues. E. SHOP DRAWING AND ALTERNATIVE MATERIAL REVIEW - review, comment and process, Contractor's shop drawings as they relate to the Page A -11 10 -26 construction documents. If required, review and process alternative materials as they relate to the construction documents. F. REQUEST FOR INFORMATION "RFI's" - review and respond to Contractor's RFI's during the course of construction. Prepare clarification drawings, if required, to resolve construction ambiguities. G. CHANGE ORDERS - prepare and coordinate landscape - related change orders as necessary, with the Client. Anticipated Deliverables: Field Reports or Punch Lists • Reviewed Shop Drawings This Scope of Work is based upon the Schematic Design Plans prepared by R/Hdo, dated February 10, 2015. A. LIMIT OF WORK — to include limits as shown on approved Schematic Design. B. BASE FILES - AutoCAD base files indicating property lines, building footprints, curbs, setbacks, existing and proposed utilities and improvements will be prepared by Consultant. C. CIVIL ENGINEERING - Consultant is assumed to supply subconsultant with construction document base sheets, which clearly indicate property lines, building footprints, curbs, utilities, existing and proposed utility improvements, and other pertinent information deemed necessary for R/Hdo to prepare accurate landscape construction documents. In addition, the civil engineer is assumed responsible for providing rough and fine grading, drainage, vertical and horizontal controls. D. SOILS ENGINEERING — the City is assumed to be responsible for providing City standard details and recommendations pertaining to paving sections, reinforcing, sub base preparation, and doweling. E. ELECTRICAL ENGINEERING - an electrical engineer is assumed to be responsible for providing site lighting electrical plans including lighting fixture schedules, electrical details, and electrical hookups to the irrigation controllers. F. SPECIFICATIONS - Consultant shall be responsible for preparing their own Division 2 -16 specification sections for incorporation into specification manual. G. MEETINGS - all meeting are to be held in the Orange County area. H. CLIENT APPROVALS - verbal requests by the City to commence the next phase of work shall constitute approval of the previous phase of work. Page A -12 10 -27 Task 13 Proposal Exclusions Items not covered in the Scope of Work under Task 13 and assumed to be provided by the City or others: A. Topographic and boundary surveys. B. Geotechnical reports. C. Existing site utility drawings. D. Horticultural soil testing. E. CITY OF NEWPORT BEACH PLAN CHECK PROCESSING - preparation, monitoring and processing of Consultant's Construction Documents through the City of Newport Beach. F. "AS- DESIGNED" DRAWINGS - preparation of "As- Designed" drawings which collate previous RFI, modification drawings, field changes, and value engineering revisions into one final set of construction documents. G. "AS- BUILT" DRAWINGS - preparation of "As- Built" drawings. Consultant assumes that this effort will be provided by the Contractor. ADDITIONAL SERVICES Services in addition to Consultant's Scope of Work under Task 13, when requested, shall be identified as such and billed at the current billing rate schedule. Additional services shall include, but are not limited to the following: A. Items that the City deems are Consultant's responsibility indicated in Task 13 Proposal Exclusions. B. GRAPHIC EXHIBITS - graphic exhibits required beyond those indicated in each phase of Task 13 Scope of Work C. PHASED OR SEGMENTED WORK - services requested in a phased or segregated bid basis. Consultant assumes that this project shall be designed and construction documents prepared in one contiguous effort. D. SPECIFICATIONS REFORMATTING — Consultant shall provide typed CSI - formatted specifications in printed hardcopy and digitally using Microsoft Word. Minor reformatting such as font and header changes shall be accommodated in this proposal, however, any major specification reformatting such as integration with another consultant's specification format or change in software from Word will be deemed an additional service. E. FEES - Payment for governmental permits, application fees, processing fees, and plan check fees. F. EXCESS CITY MEETINGS OR PUBLIC WORKSHOPS - meetings in excess of those indicated in each phase of Task 13 Scope of Work Page A -13 iG3I.7 G. CONSTRUCTION OBSERVATION - Field observation site visits in addition to those listed in the Task 13 Scope of Work and /or attendance at weekly construction meetings. H. SPECIAL RENDERINGS - professional renderings often required to portray the landscape design in a more highly articulated or rendered fashion than is usually customary. I. VALUE ENGINEERING REVISIONS - revisions required to value engineer the landscape portion. Consultant shall update the construction quantities and coordinate with the other team members to update the project cost estimate to be submitted to the City for review. Value engineering analysis will be performed after the 60% plans are submitted (one time only) and the team will discuss any options with the City before continuing with the 90% package. Revisions to the street improvement plans as a result of value engineering will be incorporated into the 90% package. Exclusions (All) • Construction Staking Right of Way Mapping Phasing of Work • Structural Design (including walls or foundations) Dry Utility design or relocations • Sewer Plans WQMP, SWPPP • Agency plan check fees and permit processing • Geotechnical Engineering • Shoring Plans Traffic Engineering Utility Potholing • Construction Management and Observation • Environmental services • Coastal Commission Coordination or Permit Processing Page A -14 10 -29 EXHIBIT B SCHEDULE OF BILLING RATES Psomas Page B -1 PD3eZi] EXHIBIT B FEE SCHEDULE Construction Documents Task 1: Field Survey of Balboa Blvd $17,800 Task 2: Aerial Topography - Planimetrics only of Balboa Blvd $ 5,000 Task 3: Extended Public Participation in Conceptual Design Phase $ 6,100 Task 4: Design Development of Street Improvements for Balboa Blvd $11,700 Task 5: Design Development of Signal, Signing, Striping and Lighting for Balboa Blvd $ 4,200 Task 6: Street Improvement Plans $58,500 Task 7: Signal, Signing, Striping and Lighting Plans $39,900 Task 8: Easement Legal Descriptions and Plats (3) $ 6,000 Task 9: Landscape, Hardscape and Irrigation Plans $53,500 Task 10: Project Management, Coordination and Meetings $25,000 Subtotal: $227,700 Construction Administration Task 11: Bid Assistance and Construction Support - Civil $15,000 Task 12: Bid Assistance and Construction Support - Traffic $ 7,400 Task 13: Bid Assistance and Construction Support - Landscape $14,600 Reimbursable Expenses (5% of total fee) $12,000 Total Fee $276,700 Page B -2 10 -31 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Psomas Page C -1 10 -32 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Psomas Page C -2 10 -33 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Psomas Page C -3 10 -34 judgment may be necessary for its proper protection and prosecution of the Work. Psomas Page C -4 10 -35 EXHIBIT D PROJECT LIMITS Psomas Page D -1 10 -36 nz W L i n m L m m 0 m U E O X W C C C > W n a- ll� 0) (D O 0 CO C (n > ~2 �� O` @ LT Q i > U CD O O C �— LL Q O Q co 0 (0 O o 0-0 Co J U O w r Z W 2 U Q C O !6 N N L N O Co ro O 4J O CO � co J 4 , (D N v Q 4..+ N V O r�-i U r— Y �6. b I � i i Y i } } / I ! } 1 i a. 1_ a• d ! a� r a: f $ r. I - e17 p a+ u a v O m c co O O 4 N m > 4� vro �v rai N N O Ln CO r O 4• O m >- ru co J 4 , (D N O v Q +1 v N U Ln O ri U C_. o > N C a- a a 10 a C > a E C o c m CL n w o o 0 a o L � C_ N __ - - -- 4 tl1� r N � E a y `m v � N a Cl) O � N P c fl. C N y f0 a � � 30 E �,0 0 Cl) O