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HomeMy WebLinkAbout10 - On-Call Engineering & Surveying ServicesTO: HONORABLE, MAYOR ANR MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Worlcs Director 4 sbadum, @newportbeachca.gov PREPARE D BY Robert Stein, rstein @newportbeachca.gov APPROVED: a TITLE: Approval, of Amendment No. 1 to the On -Call Professional Services Agreement with SoCal Walden, Inc. ABSTRACT: The value of civil engineering work, performed, by SoCal Walden, Inc. under an on- .call .agreement is reaching the contract budget limit tf approved, the contract limit would be raised to allow staff to assign additional on -going civil engineering tasks to this consultant, RECOMMENDATION;. Approve ;Amendment No. 1 to the January, 26, 201-? Qn -Call Professional Services Agreement with SoCal Walden, Inc., dba Walden & Associates ( "Walden & Associates ") to. increase the contract limit to $300,000 for continuing on call engineering and surveying services and authorize the Mayor and City Clerk to execute the:Professio.nal Services Agreement. FUNDING REQUIREMENTS: Funds for these services are. available in 'specific project accounts within the City Council approved Capital Improvement Program. DISCUSSION: Every two years, staff goes. through a. selection process to identify and enter into on call service contracts for various on -going professional services such as`.Surveying, Geotechnical, Civil and Traffic Engineering and Landscape Architecture, The City va Approval of Amendment No. 1 to the On Call Professional Services Agreement with SoCal Walden, Inc. September 11, 2012 Page 2 entered into an On -Call Professional Services Agreement (PSA) with Walden & Associates on January 29, 2012, for Civil Engineering, Survey and Design Services with a budget limit of $120,000. Walden & Associates is one of two on -call Civil Engineering firms that are currently used by Public Works to assist staff with the delivery of the large CIP workload. Due to the low original contract funding cap and the large on -going workload, the contract with Walden & Associates in closing in on its funding cap. To date, Walden & Associates has been assigned five street, sewer and drainage design projects for a total consultant fee of $81,366, yet is only 1/3 the way through their two year contract. Under this amendment, the budget limit would be raised to $300,000 in order to allow staff to assign additional as- needed Civil Engineering tasks for upcoming small projects. The previous fee schedule will remain in effect for the term of the agreement. The term of the agreement, which terminates on December 31, 2013, will remain unchanged. ENVIRONMENTAL REVIEW: Environmental clearances will be completed for each Capital Improvement Project. 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). Attachment: Amendment No. 1 to On Call Agreement 2/8 AIIINII r 3/8 AMENDMENT NO.ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH SOCAL WALDEN, INC. D13A WALDEN & ASSOCIATES FOR ENGINEERING SERVICES THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this __ day Of September, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California corporation whose address is 2552 White Rd. Suite B, California 92614 ( "Consultant "), and is made with reference to the following: RECITALS: A. On January 26, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for on -call engineering, surveying and design services throughout the City ( "Project "). B. City desires to enter into this Amendment No. One to increase the total compensation and update the City's standard insurance requirements. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: COMPENSATION Section 4.2 of the Agreement shall be amended in its Entirety and replaced with the following: Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the individual Letter Proposals, as approved in writing by the Project Administrator. Consultant's total compensation during the term of this Agreement shall not exceed Three Hundred Thousand Dollars and 001100 ($300,000.00) without prior written amendment to the Agreement. No billing rate changes shall be made during the tern of this Agreement without the prior written approval of City. I+� =11��7I71�ta Section 14 of the Agreement shall be amended in its entirety and replaced with the following: 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, 4/8 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One. on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date :J // By: Aaron &Z- Harp City Attorney ✓� ATTEST: Date: Lellani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Nancy Gardner Mayor CONSULTANT: SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California corporation By: David L. Bacon President David W. Couch Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit C - Insurance Requirements A7 9- 00208 1Aind No. 4 to On -Call PSA SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 2 5/8 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 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. 1.2 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 bythe City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 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. 1.3.2 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, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract, 1.3.3 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 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 SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page C -1 M.- amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 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. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage, 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance SOCAL WALDEN, INC, DBA WALDEN & ASSOCIATES Page C -2 Ira written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 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. 1.5.5 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. 1.5.6 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.. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page C -3 Mu